R:\LOU\Documents\Specifications\Active\Boone County Fiscal Court (CIN,OH)\1984.011.1-2019.PGM\Specifications\!Mosaic Cover (Green=Municipal).docx

Evergreen/ Ridgeview/Mary Lou Sanitary Sewer Project Contract 1-2019

Project Manual Boone County Fiscal Court,

Issued for Bid

March 28, 2019

PLAN HOLDER: _________________ _ Set No.: __ _

PROJECT MANUAL

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT CONTRACT 1-2019

BOONE COUNTY FISCAL COURT

Prepared by:

STRAND ASSOCIATES, INC.® 615 Elsinore Place, Suite 320

Cincinnati, OH 45202 www.strand.com

Issued for Bid March 28, 2019

.:1!1 STRAND ASSOCIATES•

Section 00 01 10-1

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SECTION 00 01 10

TABLE OF CONTENTS

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT

CONTRACT 1-2019 BOONE COUNTY FISCAL COURT

Pages Through DIVISION 00–BIDDING AND CONTRACTING REQUIREMENTS ADVERTISEMENT TO BID ............................................................................................ 00 11 13- 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 00 21 13-16 BID ................................................................................................................................. 00 41 00-12 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY . PAGES- 2 CERTIFICATION OF BIDDER REGARDING SECTION 3 .............................................. PAGES- 1 CONTRACTOR SECTION 3 PLAN................................................................................. PAGES- 5 CERTIFICATION BY PROPOSED SUBCONTRACTOR EQUAL EMPLOYMENT OPPORTUNITY .................................................................. PAGES- 2 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING SECTION 3....... PAGES- 1 CONTRACTOR’S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS ............................................................ PAGES- 2 BID BOND ...................................................................................................................... 00 43 00- 2 STATEMENT REQUIRED PURSUANT TO KRS 45A.343 .............................................. 00 44 00- 1 45A.395 DETERMINATION OF RESPONSIBILITY–RIGHT OF NONDISCLOSURE .................................................................................................... 00 45 00- 1 STATEMENT REQUIRED PURSUANT TO KRS 45A.395 .............................................. 00 45 00- 2 REQUIRED AFFIDAVIT FOR BIDDERS CLAIMING KENTUCKY RESIDENT BIDDER STATUS ................................................................................... 00 46 00- 1 45A.455 CONFLICT OF INTEREST-GRATUITIES AND KICKBACKS-USE OF CONFIDENTIAL INFORMATION ............................................................................... 00 47 00- 1 AGREEMENT ................................................................................................................. 00 52 00- 9 NOTICE TO PROCEED .................................................................................................. 00 55 00- 1 EROSION CONTROL CERTIFICATION ......................................................................... 00 55 10- 1 PERFORMANCE BOND ................................................................................................. 00 61 13.13-3 PAYMENT BOND ........................................................................................................... 00 61 13.16-3 CDBG GENERAL CONDITIONS .................................................................................... PAGES-55 GENERAL CONDITIONS ............................................................................................... 00 72 00-65 SUPPLEMENTARY CONDITIONS ................................................................................. 00 73 00-18 CERTIFICATE OF LIABILITY INSURANCE ................................................................... 1 SPECIFICATIONS DIVISION 01–GENERAL REQUIREMENTS SUMMARY OF WORK ................................................................................................... 01 11 00- 4 MEASUREMENT AND PAYMENT ................................................................................. 01 11 10- 6 CONTRACT CONSIDERATIONS ................................................................................... 01 29 00- 1 COORDINATION, FIELD ENGINEERING, AND MEETINGS ......................................... 01 31 00- 3

TABLE OF CONTENTS Continued Pages

Through

Section 00 01 10-2

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SUBMITTALS ................................................................................................................. 01 33 00- 4 REGULATORY REQUIREMENTS.................................................................................. 01 41 00- 2 REFERENCE STANDARDS AND DEFINITIONS ........................................................... 01 42 00- 6 TEMPORARY FACILITIES ............................................................................................. 01 50 00- 2 TEMPORARY CONTROLS ............................................................................................ 01 57 00- 2 MATERIALS AND EQUIPMENT ..................................................................................... 01 60 00- 3 PERMITS ........................................................................................................................ 7 FEDERAL WAGE RATES .............................................................................................. 7 SD1 FORMS ................................................................................................................... 3 DIVISION 02–SITE WORK DEMOLITIONS ............................................................................................................... 02050- 6 CLEARING AND STRIPPING ......................................................................................... 02110- 2 EXCAVATION AND BACKFILL ...................................................................................... 02220-22 ROCK REMOVAL ........................................................................................................... 02222- 8 TUNNELING, JACKING AND BORING .......................................................................... 02400-10 CONCRETE SIDEWALKS .............................................................................................. 02521- 4 MANHOLES ................................................................................................................... 02606-25 PIPE AND FITTINGS ...................................................................................................... 02610-37 TELEVISION INSPECTION ............................................................................................ 02651- 7 DRAINAGE STRUCTURES ............................................................................................ 02710- 3 FENCING ....................................................................................................................... 02831-16 LANDSCAPING .............................................................................................................. 02900-13 DIVISION 03–CONCRETE CAST-IN-PLACE CONCRETE ........................................................................................ 03300-15 DIVISION 05–METALS CASTINGS ..................................................................................................................... 05540- 3 DIVISION 11–EQUIPMENT RESIDENTIAL GRINDER PUMPS ................................................................................. 11313- 7 DIVISION 15–MECHANICAL WALL PIPES, FLOOR PIPES AND PIPE SLEEVES ...................................................... 15121- 3 APPENDICES (NOT PART OF CONTRACT DOCUMENTS) GEOTECHNICAL EXPLORATION EVERGREEN/RIDGEVIEW DRIVES SANITARY SEWER PROJECT BOONE COUNTY, KENTUCKY ............................................................... 79

END OF SECTION

BIDDING AND CONTRACTING REQUIREMENTS

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT CONTRACT 1-2019

BOONE COUNTY FISCAL COURT, KENTUCKY

Sealed Bids for the construction of the Evergreen/Ridgeview/Mary Lou Sanitary Sewer Project, will be received by Boone County Fiscal Court in the Finance Office Room #205, Second Floor, Administration Building, 2950 Washington Street, Burlington, Kentucky, 41005, until 2 P.M., local time on April 18, 2019, at which time the Bids will be publicly opened and read aloud in the Fiscal Courtroom, First Floor, Administration Building. Late, electronically submitted or facsimile bids will not be accepted. BID ENVELOPE MUST BE LABELED: “SEALED BID: Evergreen/Ridgeview/Mary Lou Sanitary Sewer Project.” Sealed envelopes must also be labeled with the name and address of the vendor submitting the bid. Bids not so marked may be rejected. One (1) original and three (3) full sets of copies of the bid must be included in the bid packet or envelope.

The Work includes installing approximately 11,000 LF of 8-inch sanitary sewer pipe, 19 residential grinder pump stations, and abandoning 104 residential septic systems and reconnecting service lines to proposed sanitary sewer.

Specifications for this project may be examined at Boone County’s Website: www.boonecountyky.org\publicnotices. Complete digital Project Bidding Documents are available at www.strand.com or at www.questcdn.com. Download the digital Bidding Documents for $30 by inputting Quest project number 6205728 on the website’s Project Search page. Please contact QuestCDN.com at (952) 233-1632 or info@questcdn.com for assistance with free membership registration, downloading, and working with this digital project information.

Bidding Documents may be reviewed and paper copies may be obtained from the Issuing Office which is Strand Associates, Inc.®, 615 Elsinore Place, Suite 320, Cincinnati, Ohio 45202, (513) 861-5600. A nonrefundable fee of $150 will be required (shipping and handling fees included). Overnight mailing of Bidding Documents will not be provided.

All Bidders submitting a sealed Bid shall obtain the Bidding Documents from QuestCDN.com or from Strand Associates, Inc.®

Bidders who submit a Bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive.

Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List.

Each bidder is required to submit with their bid, a bid bond in the amount of five percent (5%) of the base bid or certified check equal to the amount of five percent (5%) of the base bid. The bidder to whom the contract is awarded will be required to furnish a surety bond in the amount equal to one-hundred percent (100%) of the contract amount. Bid security furnished in the bid form shall be issued by a Surety Company or Corporation licensed in the State of Kentucky to provide said surety.

Section 00 11 13-1 1984.011/1-2019

Section 00 11 13-2

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Bidders shall comply with all provisions of Federal Davis-Bacon Wage Rates. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. These include Section 3, Segregated Facility, Section 109 and E.O.11246, Title VI and other requirements. Minority bidders are encouraged to bid. The Boone County Fiscal Court reserves the right to reject any or all Bids, to waive any technicality, and to accept any Bid which it deems advantageous. All Bids shall remain subject to acceptance for 85 days after the time set for receiving Bids. Contract award shall be made based on the lowest responsive and responsible Bidder. This Bid is subject to Kentucky Revised Statutes Section 45A.490 through 45A.494, which in general provides that a “resident bidder” of Kentucky is to be given a bidding preference over a “nonresident bidder” who is registered in a state that gives preference to its in-state resident bidders over a Kentucky resident bidder. The bidding preference is to be the same as that stipulated for the state of the “nonresident bidder.” If the state of a “nonresident bidder” provides no specific preference, then “resident” and “nonresident bidders” are to be treated the same when evaluating Bids. All Bidders must comply with all Federal, State, and City Equal Employment Opportunity laws and regulations which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. All taxes are the responsibility of the successful Bidder unless specifically exempted in the Bidding Documents. The Strand Associates, Inc.® project manager is Paul G. Maron, P.E. and can be contacted at Strand Associates, Inc.®, 325 West Main Street, Suite 710, Louisville, KY 40202, (502) 583-7020 regarding the project. Published by the authority of the Boone County Fiscal Court Jeff Earlywine, County Administrator Dated at Boone County Fiscal Court, Kentucky March 28, 2019

EQUAL EMPLOYMENT OPPORTUNITY

END OF SECTION

Section 00 21 13-1

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SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

A. These Instructions to Bidders establish requirements for Bidding and Award of Contract.

B. These articles are not necessarily numbered consecutively.

C. Table of Contents ARTICLE 1–DEFINED TERMS ....................................................................................... 1 ARTICLE 2–COPIES OF BIDDING DOCUMENTS ......................................................... 2 ARTICLE 3–QUALIFICATIONS OF BIDDERS ................................................................ 2 ARTICLE 4–SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE ..................... 2 ARTICLE 5–BIDDER’S REPRESENTATIONS ................................................................ 4 ARTICLE 6–PREBID CONFERENCE ............................................................................. 5 ARTICLE 7–INTERPRETATIONS AND ADDENDA ......................................................... 5 ARTICLE 8–BID SECURITY ........................................................................................... 6 ARTICLE 9–CONTRACT TIMES .................................................................................... 6 ARTICLE 10–LIQUIDATED DAMAGES .......................................................................... 6 ARTICLE 11–SUBSTITUTE OR “OR EQUAL” ITEMS .................................................... 6 ARTICLE 12–SUBCONTRACTORS, SUPPLIERS, AND OTHERS ................................ 7 ARTICLE 13–PREPARATION OF BID ............................................................................ 7 ARTICLE 14–BASIS OF BID .......................................................................................... 9 ARTICLE 15–SUBMITTAL OF BID ................................................................................. 9 ARTICLE 16–MODIFICATION AND WITHDRAWAL OF BIDS ...................................... 10 ARTICLE 17–OPENING OF BIDS ................................................................................ 10 ARTICLE 18–BIDS TO REMAIN SUBJECT TO ACCEPTANCE ................................... 10 ARTICLE 19–EVALUATION OF BIDS AND AWARD OF CONTRACT .......................... 10 ARTICLE 20–CONTRACT SECURITY AND INSURANCE ............................................ 11 ARTICLE 21–SIGNING OF AGREEMENT .................................................................... 12 ARTICLE 22–RETAINAGE ........................................................................................... 12 ARTICLE 23–WAGE RATE DETERMINATION ............................................................. 12 ARTICLE 24–PERFORMANCE BOND FOR WAGES DUE .......................................... 12 ARTICLE 25–LICENSES, FEES, AND TAXES ............................................................. 12 ARTICLE 26–KICKBACK STATUTES ........................................................................... 12 ARTICLE 27–OTHER BID REQUIREMENTS ............................................................... 12 ARTICLE 28–LAWS, ORDINANCES, AND REGULATIONS ......................................... 13 ARTICLE 29–INSURANCE ........................................................................................... 13 ARTICLE 30–EEO REQUIREMENTS ........................................................................... 13 ARTICLE 31–FUNDING ............................................................................................... 13

ARTICLE 1–DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Issuing Office–The office from which the Bidding Documents are to be issued.

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ARTICLE 2–COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained digitally or by paper copy as stated in the Advertisement to Bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license for any other use. 2.04 Drawings and specifications for the project are being offered to Bidders in both paper copy and electronic form (.pdf format). Such Bidder must have Adobe Reader 6.0 or later to access the electronic files. Paper copies will be used for Contract execution. ARTICLE 3–QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of OWNER’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below. 3.02 Bidder must be prepared to submit evidence of Bidder’s qualifications to do business in the state where the Project is located prior to award of the Contract. 3.03 In accordance with KRS 45A.395, prospective Bidder shall provide OWNER with a sworn statement made under penalty of perjury that it has not knowingly violated any provision of the campaign finance laws of the Commonwealth and that the award of a Contract to Bidder will not violate any provision of the campaign finance laws of the Commonwealth. 3.04 Bidders shall submit the documentation listed in Paragraph 7.01 of the Bid Form (Section 00 41 00). 3.05 No requirement in this Article 3 to submit information will prejudice the right of OWNER to seek additional pertinent information regarding Bidder’s qualifications. 3.06 Bidder is advised to carefully review those portions of the Bidding Documents requiring Bidder’s representations and certifications. 3.07 The successful Bidder must provide proof of a business license to work within Boone County. ARTICLE 4–SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by OWNER for the use of CONTRACTOR. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by CONTRACTOR.

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4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify,

a. Those reports known to OWNER of explorations and tests of subsurface

conditions at or contiguous to the Site.

b. Those drawings known to OWNER of physical conditions relating to existing surface and subsurface structures at the Site (except Underground Facilities).

c. Reports and drawings known to OWNER relating to Hazardous

Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings.

2. Copies of reports and drawings referenced in Paragraph 4.02.A, which are not

included with the Bidding Documents, will be made available by OWNER to any Bidder on request. Reports and drawings, whether included in the Bidding Documents or not, are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraphs 5.03 and 5.06 of the General Conditions has been identified and established in Paragraphs 5.03 and 5.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default

definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data

furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal work hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of

Site conditions.

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C. On request in advance and after submittal of Bidder’s evidence of insurance coverage meeting the requirements designated in the General and Supplementary Conditions for CONTRACTOR, and to the extend OWNER has control over the Site, and schedule permitting, OWNER will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. OWNER will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on OWNER’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and

location of utilities, obtain all permits, and comply with all terms and conditions established by OWNER or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon

completion of such explorations, investigations, tests, and studies. 4.04 OWNER’s Safety Program

A. Site visits and work at the Site may be governed by an OWNER safety program. As Paragraph7.12.C of the General Conditions indicates, if any OWNER safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which OWNER is aware (if any) that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If OWNER is party to a written contract for such other work, then on request, OWNER will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5–BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents and any Addenda;

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas,

and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost,

progress, and performance of the Work; D. Carefully study all:

1. reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and

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2. reports and drawings related to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. Consider the information known to Bidder itself; information commonly known to

contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on

1. the cost, progress, and performance of the Work; 2. the means, methods, techniques, sequences, and procedures of construction to

be employed by Bidder; and 3. Bidder’s safety precautions and programs;

F. Agree, based on the information and observations referred to in the preceding paragraph,

that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by OWNER and others

at the Site that relates to the Work as indicated in the Bidding Documents; H. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or

discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder;

I. Determine that the Bidding Documents are generally sufficient to indicate and convey

understanding of all terms and conditions for the performance and furnishing of the Work; and J. Agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 6–PREBID CONFERENCE

6.01 A prebid conference will not be held for the Project. ARTICLE 7–INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing Office as having received the Bidding Documents. 7.02 All requests for interpretation must be received at least five days prior to the day set for receiving Bids. Addenda will be issued not later than three days prior to the day set for receiving Bids. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any

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obligations under the Bid as submitted. All Addenda so issued shall become part of the Contract Documents. 7.03 Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.04 Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.05 Receipt of all addenda must be acknowledged in space provided in the Bid. ARTICLE 8–BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of the Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of the Bidder will be forfeited. Such forfeiture shall be OWNER’s exclusive remedy if Bidder defaults. 8.03 Bid security of Bidders will be retained unless requested to be returned and will not be returned until after Contract has been awarded or until the Bid hold period expires. ARTICLE 9–CONTRACT TIMES

9.01 Bidder shall set forth in the Bid the time by which Bidder shall achieve Substantial Completion, subject to the restrictions established in Paragraph 14.04 of these Instructions. OWNER will take Bidder’s time commitment regarding Substantial Completion into consideration during the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy OWNER that it will be able to achieve Substantial Completion within the time such Bidder has designated in the Bid. The Successful Bidder’s time commitments will be entered into the Agreement (or incorporated in the Agreement by reference to the specific terms of the Bid). ARTICLE 10–LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11–SUBSTITUTE OR “OR EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without evaluation of possible substitute or “or equal” items. Whenever it is specified or described in the Bidding Documents that an Equipment Alternative listed in the Lump Sum Base Bid or that a substitute or “or equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be evaluated by ENGINEER until after the Effective Date of the Agreement. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that CONTRACTOR will furnish the materials and equipment specified or described in the Bidding

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Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 12–SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, OWNER may not require the Successful Bidder or CONTRACTOR to retain any Subcontractor, Supplier, or other individual or entity against which CONTRACTOR has reasonable objection. 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of the Subcontractors or Suppliers proposed for the Work. If requested by OWNER, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13–PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Forms signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is

optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

C. All blanks on the Bid Form must be filled and all required documents uploaded before QuestCDN.com will accept the Bid. The Bid shall be signed electronically where required and in accordance with the instructions included in this Article.

Section 00 21 13-8

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13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address and state of incorporation shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member, if the LLC is member-managed, or by a manager, if manager-managed, and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.05 A Bid by an individual shall show the Bidder’s name and official address. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid form. The official address of the joint venture shall be shown. 13.07 All names shall be printed below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such qualification prior to award of the Contract. Bidder’s state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 13.11 All Bids shall be signed in the presence of and be notarized by a Notary Public or other Officer authorized to administer oaths. 13.12 Bidder shall identify whether the Bidder is a resident or nonresident bidder per KRS 45A.490 to 45A.494 and KAR 5:400. If Bidder is claiming it is a “resident bidder” as defined in KRS 45A.942(2), the Bidder shall so indicate in the Bid and complete the Notarized Affidavit attached to the Bid that affirms it meets the criteria to be considered a “resident bidder”. If requested by OWNER, Bidder shall provide documentation proving such “resident bidder” status. Failure to do so will result in the disqualification of the Bidder or in Contract termination. 13.13 If Bidder is a “nonresident bidder” as defined by KRS 45A.494(3), it shall so indicate in the Bid and provide its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein will be deemed by OWNER as the state of residency for that Bidder. If the Bidder is not required by law to obtain said certificate, the state of residency for that Bidder will be deemed to be that which is identified in its mailing address as provided in its Bid.

Section 00 21 13-9

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ARTICLE 14–BASIS OF BID

14.01 Computed Total Base Bid

A. Bidder shall submit a Bid on a computed total base bid basis. The price for all base bid items shall be included in the computed total base bid. Bidder shall include a separate price for each alternative described in the Contract Documents and as provided for in the Bid. The price for each alternative will be the amount to be added to or deducted from the price of the base bid if OWNER selects the alternative. Consideration of alternatives will be made prior to the Notice of Award.

B. The total of all estimated prices will be determined as the sum of the products of the

estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. 14.02 Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.03 For cash allowances the Contract Price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents as provided for in Paragraph 13.02.B of the General Conditions. The final Contract Price will be adjusted to reflect actual costs on account of cash allowances. 14.04 The following cash allowances shall be included in the Bid for Contract(s).

Capacity Connection Fee

Section 01 41 00–Regulatory Requirements

ARTICLE 15–SUBMITTAL OF BID

15.01 Bids will be received for all divisions of the Specifications and all other provisions of the Bidding Documents. 15.02 Bidder is furnished one copy of the Bidding Documents with one separate unbound copy of the Bid Forms and the Bid Bond form. The Bidding Documents may be retained by Bidder. The unbound copy of the Bid Forms is to be completed and submitted with the Bid security along with any data required by the Bidding Documents to be attached to and made a condition of the Bid. Additional copies may be obtained from the Issuing Office. 15.03 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If the Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to place indicated in the Advertisement or Invitation to Bid. No relief will be provided for a mailed Bid not being received by the prescribed time. 15.04 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Section 00 21 13-10

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ARTICLE 16–MODIFICATION AND WITHDRAWAL OF BIDS

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to that date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time set for receiving Bids. ARTICLE 17–OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously nonresponsive, read aloud publicly. An abstract of the amounts of the base bids and major alternatives and components, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18–BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19–EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 OWNER reserves without limitation the right to reject any or all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate Contract terms with the Successful Bidder; and the right to accept or reject all incomplete, nonconforming, nonresponsive, unbalanced, obscure, or conditional Bids, or Bids which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders. OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be nonresponsible. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bids, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities

Section 00 21 13-11

1984.011/1-2019

proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award. 19.05.1 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals or entities to perform the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time. Bidder shall furnish to OWNER all such information and data for this purpose as OWNER may request. OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein. 19.05.2 OWNER shall be satisfied that Bidder involved (1) maintains a permanent place of business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record. 19.06.1 If a Contract is to be awarded, it will be awarded to the responsive and responsible Bidder with either the lowest computed total base bid or the lowest computed total base bid plus any alternative(s) selected by OWNER whose evaluation indicates to OWNER that the award will be in the best interest of the Project. Bid from the successful Bidder for the computed total base bid plus any alternative(s) selected by OWNER may not necessarily be lower in price than the bid or bids for other alternative combinations. 19.06.2 Should OWNER wish to consider alternatives listed, Bidder may be required to provide additional information as listed in Article 7.05 of the General Conditions, prior to the Notice of Award. If an alternative is selected by OWNER, the awarded Contract price will include the selected alternative(s). 19.06.3 Once all responsive and responsible Bidders have been determined and ranked, the residency of each Bidder will be identified. A preference equal to the preference given to or required by the state of the highest evaluated “nonresident bidders” will then be given to all responsive and responsible “resident bidders.” The bids will then be rescored and re-ranked to account for any applicable preferences to determine lowest responsive and responsible Bidder. In awarding a contract, “resident bidders” shall only receive preference agains “nonresident bidders” residing in a state that gives a preference to bidders from that state. The preference will not be applied against “nonresident bidders” residing in states that do not give preference against Kentucky bidders. If a preference evaluation results in a tie between a “resident bidder” and a “nonresident bidder,” preference will be given to the “resident bidder.” The application of this reulation will not result in a “nonresident bidder” receiving preference over another “nonresident bidder.” 19.07 If a Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within 60 days after the time set for opening Bids. ARTICLE 20–CONTRACT SECURITY AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment bonds and insurances. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment bonds and insurances.

Section 00 21 13-12

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ARTICLE 21–SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unexecuted counterparts of the Agreement along with all other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement and attached documents to ENGINEER with the required Bonds and insurances. Within 10 days after receipt of properly executed documents and Bonds and insurances which meet all requirements of the Contract Documents, ENGINEER will deliver one fully signed counterpart to Successful Bidder. ARTICLE 22–RETAINAGE

22.01 Provisions concerning retainage are set forth in the Agreement. ARTICLE 23–WAGE RATE DETERMINATION

23.01 Davis-Bacon Federal wage rate determination will be inserted as a part of the Bidding Documents and/or will be on file at the office of OWNER. Bidder shall inspect the wage rate determination and shall incorporate its requirements into its Bid. 23.02 See Section 01 41 00 of the General Requirements for additional information. ARTICLE 24–PERFORMANCE BOND FOR WAGES DUE

24.01 Successful Bidders, whether a corporation, partnership, or individual, who has not been doing business in the State of Kentucky for five consecutive years, shall comply with KRS 337.200. ARTICLE 25–LICENSES, FEES, AND TAXES

25.01 The Bid shall include all taxes in effect at the time the Bid is submitted, unless specifically exempted in the Bidding Documents. No change will be allowed for taxes from which OWNER is exempt. Bidders who are uncertain as to what items are subject to tax, or who require further explanation or clarification, are requested to contact the State of Kentucky Revenue Cabinet. Refer to the Supplementary Conditions SC-6.10 for additional information on taxes. ARTICLE 26–KICKBACK STATUTES

26.01 Bidders shall comply with Kentucky Statute KRS 45A.455 Prohibitions Against Conflicts of Interests, Gratuities, and Kickbacks. See Supplementary Conditions 6.09. ARTICLE 27–OTHER BID REQUIREMENTS

27.01 Bidders shall complete the following documents attached to the Bid:

Campaign Finance Disclosure Labor Law Disclosure Certificate of Resident Bidder Status Other documents specific to the Project as listed in the Bid

Section 00 21 13-13

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ARTICLE 28–LAWS, ORDINANCES, AND REGULATIONS

28.01 Bidder must familiarize itself with all laws, ordinances, and regulations by federal, state, city, or other governmental agency, which by reason of being neglected or violated may affect the Work contemplated and must secure and pay the fee required for any permits which may be necessary unless such fees are otherwise indicated to be paid in the Bidding Documents. ARTICLE 29–INSURANCE

29.01 Before execution of Contract by OWNER, the successful Bidder shall furnish OWNER a certificate or certificates issued by or on behalf of insurers or a self-insurance program or group self insurance program, qualified to do business in the Commonwealth of Kentucky under KRS Chapter 304 or KRS Chapter 342, certifying that the successful Bidder complies with the Worker's Compensation laws of Kentucky and is insured or indemnified against public liability claims which may arise out of the performance of the Work under the proposed Contract. ARTICLE 30–EEO REQUIREMENTS

30.01 Bidder shall abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity Clause set forth in the General Conditions. ARTICLE 31–FUNDING

31.01 The Work will be funded in part through a Community Development Block Grant (CDBG). The requirements listed below take precedence over any other language in the Supplementary Conditions, General Conditions, and Specifications. 31.02 Receipt and Opening of Bids: Boone County Fiscal Court (herein called the “Owner”), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of Boone County Fiscal Court in the Finance Office Room #205, 2950 Washington Street, Burlington, KY 41005 until 2 o’clock p.m., local time, April 18, 2019, and then at said office publicly opened and read aloud in the Fiscal Courtroom, First Floor, Administration Building. The envelopes containing the bids must be sealed and labeled: “Evergreen/Ridgeview/Mary Lou Sanitary Sewer Project.” The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 85 days after the date of the opening thereof. 31.03 Preparation of Bid: Each bid must be submitted on the prescribed form and accompanied by Certification of Bidder Regarding Equal Employment Opportunity, Form 950.1; Certification of Bidder (Contractor) Concerning Labor Standards and Prevailing Wage Requirements, Form 1421; Certification of Bidder Regarding Section 3 and Segregated Facilities: and Contractor Eligibility Certification Regarding Debarment, Suspension and Other Responsibilities. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certifications must be fully completed and executed when submitted.

Section 00 21 13-14

1984.011/1-2019

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 31.04 Subcontracts: The bidder is specifically advised that any person, for, or other party to whom it is proposed to award a subcontract under this contract:

a. Must be acceptable to the Owner and have current eligibility status for federal programs; and

b. Must submit Form 950.2, Certification by Proposed Subcontractor Regarding Equal

Employment Opportunity, Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities, and Subcontractor Eligibility Certification Regarding Debarment, Suspension and Other Responsibilities. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his/her bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards.

31.05 Electronic/Facsimile Modification: Any bidder may modify his/her bid by electronic or facsimile communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the electronic/facsimile modification over the signature of the bidder was mailed prior to the closing time. The communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is received within two days from the closing time, no consideration will be given to the electronic/facsimile modification. 31.06 Method of Bidding: The Owner invites the following bid(s): The Work includes installing approximately 11,000 LF of 8-inch sanitary sewer pipe, 19 residential grinder pump stations, and abandoning 104 residential septic systems and reconnecting service lines to proposed sanitary sewer. 31.07 Qualifications of Bidder: The Owner may make such investigations as he/she 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 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. 31.08 Bid Security: Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the Bid Bond Form attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he/she has not been notified of the acceptance of his/her bid.

Section 00 21 13-15

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31.09 Liquidated Damages for Failure to Enter into Contract: The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within 10 days after s/he has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid. 31.10 Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete- the project within 240 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 31.11 Conditions of Work: Each bidder must inform him/herself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible, the contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 31.12 Addenda and Interpretations: No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Paul Maron, P.E. at paul.maron@strand.com and to be given consideration must be received at least five (5) 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 to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All addenda so issued shall become part of the contract documents. 31.13 Security for Faithful Performance: Simultaneously with his/her delivery of the executed contract, the contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 31.14 Power of Attorney: Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 31.15 Notice of Special Conditions: Attention is particularly called to those parts of the contract documents and specifications which deal with the following:

c. Inspection and testing of materials.

d. Insurance requirements.

e. Wage rates.

f. Stated allowances.

31.16 Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction

Section 00 21 13-16

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of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full. 31.17 Method of Award - Lowest Qualified Bidder: If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. If all bids exceed funds available to finance the contract once all deductive alternatives have been applied, the owner may enter into negotiations with the three (3) lowest bidders. The only factor subject to negotiation, however, is price. 31.18 Obligation of Bidder: At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his/her bid. 31.19 Safety Standards and Accident Prevention: With respect to all work performed under this contract, the contractor shall:

a. Comply with the safety standards provisions of applicable Laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No.75, Saturday, April 17, 1971.

b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

c. Maintain at his/her office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

END OF SECTION

Section 00 41 00-1

1984.011/1-2019

SECTION 00 41 00

BID

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT CONTRACT 1-2019

BOONE COUNTY FISCAL COURT, KENTUCKY

A. Table of Contents

ARTICLE 1. BID RECIPIENT ARTICLE 2. BIDDER’S ACKNOWLEDGEMENTS ARTICLE 3. BIDDER’S REPRESENTATIONS ARTICLE 4. FURTHER REPRESENTATIONS ARTICLE 5. BASIS OF BID ARTICLE 6. TIME OF COMPLETION ARTICLE 7. ATTACHMENTS TO THIS BID ARTICLE 8. DEFINED TERMS ARTICLE 9. COMMUNICATIONS ARTICLE 10. BID SUBMITTAL

ARTICLE 1–BID RECIPIENT 1.01 Bids to be received until 2 P.M. local time, April 18, 2019. 1.02 This Bid is submitted to: Boone County Fiscal Court Finance Office, Room #205 2950 Washington Street Burlington, Kentucky 41005 1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2–BIDDER’S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 85 days after the Bid opening or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 2.02 Bidder will sign and deliver the required number of counterparts of the Agreement with the bonds, insurance certificates and other documents required by the Bidding Requirements within 15 days after the date of OWNER’s Notice of Award.

Section 00 41 00-2

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ARTICLE 3–BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following addenda:

Date: Addendum Number:

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site

and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect

cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface

conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder; information commonly known

to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above,

Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by OWNER and others

at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or

discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding

of all terms and conditions for performance of the Work for which this Bid is submitted.

Section 00 41 00-3

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J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4–FURTHER REPRESENTATIONS 4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false

or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and, D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in

competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the Bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to

influence the Bidding process to the detriment of OWNER, (b) to establish bid prices at artificial noncompetitive levels, or (c) to deprive OWNER of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of OWNER, a purpose of which is to establish bid prices at artificial noncompetitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Section 00 41 00-4

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ARTICLE 5–BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): The following abbreviations may be used in this Bid:

CIP - Complete in Place LS - Lump Sum CY - Cubic Yard LT - Left DI - Ductile Iron MBF - Thousand Board Feet DIA - Diameter MFOB - Thousand Freight-On-Board EA - Each MH - Manhole EST - Estimate(d) RCP - Reinforced Concrete Pipe EXCL - Excluding RT - Right FT - Feet SF - Square Foot GAL - Gallon STA - Station HERCP - Horizontal Elliptical RCP SY - Square Yard HRS - Hours T - Ton IN - Inch VLF - Vertical Linear Foot INCL - Including W/ - With LBS - Pounds W/O - Without LF - Linear Foot

BIDDERS SHOULD NOT ADD ANY CONDITIONS OR QUALIFYING STATEMENTS TO THIS BID OR THE BID MAY BE DECLARED IRREGULAR AS NOT BEING RESPONSIVE TO THE INSTRUCTIONS TO BIDDERS.

Section 00 41 00-5

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BID

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT

CONTRACT 1-2019 BOONE COUNTY FISCAL COURT, KENTUCKY

Contract award will be made based on the Computed Total Base Bid plus any Alternatives selected. The price for all Base Bid items shall be included in the Computed Total Base Bid. Alternative Bids will be added to or deducted from the Computed Total Base Bid, if they are accepted, prior to Contract award being made. OWNER reserves the right to accept or reject any alternatives to the Computed Total Base Bid. Should OWNER wish to consider alternatives listed, Bidder may be required to provide additional information as listed in Articles 7.04 and 7.05 of the General Conditions, prior to Notice of Award. The following prices per item shall be for furnishing and installing the various items of material and work as specified and shown on the drawings. Bidder agrees to perform the Work as shown on the Drawings and described in the Specifications for the following listed prices. Bidder acknowledges that unit prices have been computed in accordance with Paragraph 13.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. See Section 01 29 00–Contract Considerations for discussion of cash allowances to include in the Bid. Item No. Description Estimated

Quantity Unit Bid Unit Price Bid Price

1. Mobilization and Project Closeout 1 LS $ $

2. Temporary Erosion And Sediment

Control 1 LS $ $

3. Furnish and Install 8-IN PVC SDR 35

Gravity Sanitary Sewer 11,018 LF $ $

4. Furnish and Install 6-IN Sanitary Sewer

Lateral 8,592 LF $ $

5. Furnish and Install Standard 4-FT DIA,

6-FT Depth Sanitary Drop Manhole 5 EA $ $

6. Furnish and Install Standard 4-FT DIA,

6-FT Depth Sanitary Manhole 50 EA $ $

7. Furnish and Install Standard 4-FT Diamater Manhole Vertical Extension

152 LF $ $

8. 16-IN Steel Casing Bore and Jack 478 LF $ $

9. Connect to Existing Sanitary Sewer Collection System

3 EA $ $

10. Abandon Existing Metal Septic Tank 80 EA $ $

11. Abandon Existing Concrete Septic Tank 20 EA $ $

12. Furnish and Install Residential Grinder Pump System

20 EA $ $

13. Furnish and Install 1 1/4-IN Grinder Pump Laterals

2,160 LF $ $

Section 00 41 00-6

1984.011/1-2019

Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price

14. Furnish and Install Common Force Main for Grinder Pump Systems

1,585 LF $ $

15. Connect Existing Home to New Sanitary Sewer

80 EA $ $

16. Exploratory Excavation In Improved Area

5 EA $ $

17. Exploratory Excavation In Unimproved Area

5 EA $ $

18. Trench Undercut 50 CY $ $

19. Pavement Restoration 120 LF $ $

20. Yard Restoration 10,798 LF $ $

21. Asphalt Driveway Restoration 62 SY $ $

22. Concrete Driveway Restoration 64 SY $ $

23. Submittal of SD1 Application for Sanitary Sewer Connection Permit and Certified Tapper Application and Permit

1 LS $ $

24. Allowance for Capacity Connection Fee to SD1

1 LS $326,000.00 $326,000.00

COMPUTED TOTAL BID CONTRACT 1-2019 (ITEMS 1 THROUGH 24) Dollars $ (Words) (Numbers)

Section 00 41 00-7

1984.011/1-2019

ALTERNATIVE BID NO. 1

EVERGREEN/RIDGEVIEW/MARY LOU SANITARY SEWER PROJECT CONTRACT 1-2019

BOONE COUNTY FISCAL COURT, KENTUCKY

Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price

Sewer Connection for 9353 Evergreen 1. Connect 9353 Evergreen to Existing

Sewer 1 LS $ $

COMPUTED TOTAL ALTERNATIVE BID NO. 1 Dollars $ (Words) (Numbers)

Section 00 41 00-8

1984.011/1-2019

ARTICLE 6–TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 180 calendar days after the date when the Contract Time commences to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Time commences to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7–ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid:

A. Certification of Bidder Regarding Equal Employment Opportunity. B. Certification of Bidder Regarding Section 3. C. Contractor Section 3 Plan. D. Certification by Proposed Subcontractor Regarding Equal Employment Opportunity. E. Certification by Proposed Subcontractor Regarding Section 3. F. Contractor’s Certification Concerning Labor Standards and Prevailing Wage

Requirements.

G. Required Bid security in the form of in the (Bond or Certified Check)

amount of Dollars

($ ) as required by the Instructions to Bidders. H. Statement pursuant to Labor Law Disclosure (KRS 45A.343).

I. Campaign Finance Disclosure (KRS 45A.395).

J. Statement pursuant to (KRS 45A.395).

K. Certificate of Kentucky Resident Bidder Status.

Check the paragraph below that applies to the attached certificate and also provide the Organization Number, if applicable.

1. ________ Bidder is a “resident bidder” as defined in KRS 45A.494(2) of Kentucky’s “resident bidder” reciprocal preference statute and submits with this Bid a properly executed and notarized Affidavit that affirms Bidder meets the “resident bidder criteria”. Such Affidavit is hereby incorporated and made part of this Bid. 2. _________ Bidder is a “nonresident bidder” as defined in KRS 45A.493(3) of Kentucky’s “resident bidder” reciprocal preference statute and the state of residency for the purposes of this administrative regulation shall be its principal office as identified in the Bidder’s Certificate of Authority to transact business in Kentucky as filed with the Secretary

Section 00 41 00-9

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of State of the Commonwealth of Kentucky, or if it represents and covenants that it is not required to obtain a Certificate of Authority to transact business in the Commonwealth of Kentucky, its mailing address is:

3. Bidder’s Organization Number from the Secretary of State of the Commonwealth of Kentucky is ___________________ [if applicable] and Bidder is qualified to transact business in the Commonwealth or Bidder hereby covenants it will obtain such qualifications prior to award of Contract.

L. Conflict of Interest (KRS 45A.455). ARTICLE 8–DEFINED TERMS 8.01 The terms used in this Bid with initial or all capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9–COMMUNICATIONS 9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below:

Name: Street: City, State, Zip Code: Phone No.: Fax No.: E-mail address:

ARTICLE 10–BID SUBMITTAL Submitted on State Contractor License Number _________ (if applicable).

Section 00 41 00-10

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If Bidder is: An Individual By: (Individual’s signature) Name (typed or printed): Doing business as: Business address: Phone No.: Fax No.: E-mail address: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Fax No.: E-mail address: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest

(Signature of Corporate Secretary) Business address: Phone No.: Fax No.: E-mail address: Date of Qualification to do business in (State where the Project is located) is Sworn and subscribed to before me this Notary Public or Other Officer day of , Authorized to Administer Oaths. My Commission expires:

Section 00 41 00-11

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A Limited Liability Company (Note: If member-managed, an authorized member must sign; if manager-managed, the authorized manager must sign. Attach evidence of authority to sign on behalf of LLC). (Fill in complete name of LLC) State of Formation: By:

(Signature)

, [Member] [Manager] (Print Name)

Business Address:

Telephone.: Email: Fax:

Section 00 41 00-12

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A Joint Venture

Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Fax No.: E-mail address: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Fax No.: E-mail address: Phone No., Fax No., and postal and E-mail address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Sworn and subscribed to before me this Notary Public or Other Officer day of , Authorized to Administer Oaths. My Commission expires:

END OF SECTION

Certification of Bidder Regarding Equal Employment

Opportunity

CERTIFICATION OF BIDDER

REGARDING EQUAL EMPLOYMENT OPPORTUNITY

Instructions This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The Implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause, and if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. For contracts over $10,000, the Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Gender identity and Sexual Orientation have the meanings given by the Department of Labor’s Office of Federal Contract Compliance Programs, and are found at www.dol.gov/ofccp/LGBT/LGBT_Faq’s.html.

Certification by Bidder Name and Address of Bidder (include zip code)

Certification of Bidder Regarding Equal Employment Opportunity 2

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.

Yes No 2. All required compliance reports were filed in connection with such contract or

subcontract. Yes No

3. Bidder has filed all compliance reports due under applicable instructions, including

Monthly Employment Utilization Report (257) Yes No None Required 4. Have you ever been or are you being considered for sanction due to violation of

Executive Order 11246, as amended? Yes No

5. Bidder certifies that it does not and will not maintain or provide for its employees any

segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.

Name and Title of Signer (please type) Signature

Date

Certification of Bidder Regarding Section 3 3

Certification of Bidder Regarding Section 3

Name of Prime Contractor Project Name Project Number The undersigned hereby certifies that:

a) Section 3 provisions are included in the Contract. b) If bid exceeds $100,000, a Contractor Section 3 Plan was prepared and

submitted as part of the bid proceedings. Name and Title of Signer (print or type) Signature Date

Contractor Section 3 Plan 4

Contractor Section 3 Plan

(Name of Contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the Town/City/County of . A. To ascertain from the locality’s CDBG program official the exact boundaries of the

Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the Section 3 Plan.

B. To attempt to recruit from within the city the necessary number of lower income

residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service.

C. To maintain a list of all lower-income residents who have applied either on their own

or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.

D. To insert this Section 3 plan in all bid documents, and to require all bidders on

subcontracts to submit a Section 3 plan including utilization goals and the specific steps planned to accomplish these goals. *

E. To insure that subcontract which are typically let on a negotiated rather than a bid

basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area.*

F. To formally contact unions, subcontractors and trade associations to secure their

cooperation for this program. G. To insure that all appropriate project area business concerns are notified of pending

subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which

document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal

Opportunity Officer to coordinate the implementation of this Section 3 plan. J. To list on Table A, information related to subcontracts to be awarded. K. To list on Table B, all projected workforce needs for all phases of this project by

occupation, trade, skill level and number of positions. *Loans, grants, contracts and subsidies for $100,000 or less are exempt.

Contractor Section 3 Plan 5

As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Section 3 Plan, and become a party to the full implementation of this program. Signature Title Date Signature Title Date

Contractor Section 3 Plan 6

TABLE A Proposed subcontracts breakdown for the period covering through

(Duration of the CDBG-Assisted Project)

Column 1 Column 2 Column 3 Column 4 Column 5

TYPE OF CONTRACT (BUSINESS OR PROFESSION)

TOTAL NUMBER OF CONTRACTS

TOTAL APPROXIMATE DOLLAR AMT.

ESTIMATED NO. OF CONTRACTS TO SECTION 3 BUSINESSES*

ESTIMATE DOLLAR AMT. TO SECTION 3 BUSINESSES

* A Section 3 business is: one that is owned by Section 3 residents (low and very low income residents of the project area, public housing residents or persons with disabilities); one that employs Section 3 residents; or one that subcontracts to businesses that provide opportunities for low and very low income residents. The Project Area is coextensive with the City/County of ‘s boundaries. Company Project Name Project Number EEO Officer-Signature Date

Contractor Section 3 Plan 7

TABLE B Estimated Project Workforce Breakdown

Column 1 Column 2 Column 3 Column 4 Column 5

JOB CATEGORY

TOTAL ESTIMATED POSITIONS

NO. POSITIONS CURRENTLY OCCUPIED BY PERMANENT EMPLOYEES

NO. POSITIONS NOT CURRENTLY OCCUPIED BY PERMANENT EMPLOYEES

NO. POSITIONS TO BE FILLED WITH SECTION 3 RESIDENTS*

OFFICERS SUPERVISORS

PROFESSIONALS

TECHNICIANS

HOUSING SALES RENTAL/MANAGEMENT

OFFICE CLERICAL

SERVICE WORKERS

OTHERS

TRADE: JOURNEYMEN HELPERS APPRENTICES MAXIMUM NO. TRAINEES

OTHERS TRADE: JOURNEYMEN HELPERS APPRENTICES MAXIMUM NO. TRAINEES

OTHERS TRADE: JOURNEYMEN HELPERS

Contractor Section 3 Plan 8

APPRENTICES MAXIMUM NO. TRAINEES

OTHERS * Section 3 residents include low and very low income persons who live in the project area, public housing residents and persons with disabilities. Company Project Name Project Number EEO Officer-Signature Date

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 9

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity

CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY

Name of Prime Contractor

Project Number

Instructions This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The Implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause, and if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. For subcontracts over $10,000, the Subcontractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. The Subcontractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. The Subcontractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Gender identity and Sexual Orientation have the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and are found at www.dol.gov/ofccp/LGBT/LGBT_Faq’s.html.

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 10

Subcontractor’s Certification Name and Address of Subcontractor (include zip code)

1. Subcontractor has participated in a previous contract or subcontract subject to the

Equal Opportunity Clause. Yes___ No___

2. All required compliance reports were filed in connection with such contract or

subcontract. Yes___ No___

3. Subcontractor has filed all compliance reports due under applicable instructions,

including Monthly Employment Utilization Report (257) Yes___ No___ None Required___ 4. Have you ever been or are you being considered for sanction due to violation of

Executive Order 11246, as amended? Yes___ No___

5. Bidder certifies that it does not and will not maintain or provide for its employees any

segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.

Name and Title of Signer (please type) Signature

Date

Certification of Proposed Subcontractor Regarding Section 3 11

Certification of Proposed Subcontractor Regarding Section 3

Name of Subcontractor Project Name Project Number The undersigned hereby certifies that:

(a) Section 3 provisions are included in the Contract. (b) If bid exceeds $100,000, a written Section 3 plan was prepared and

submitted as part of the bid proceedings.

Name & Title of Signer (print or type) Signature Date

Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements 12

Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements

TO (Appropriate Recipient):

DATE

C/O

PROJECT NUMBER (if any) PROJECT NAME

1. The undersigned, having executed a contract with for the

construction of the above identified project, acknowledges that:

(a) The Labor Standards provisions are included in the aforesaid contract; (b) Prevailing wage requirements are followed, including paying the

applicable Federal wage rate by labor classification. (c) Correction of any infractions of the aforesaid conditions, including

infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility.

2. He certifies that:

(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor., Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S. C. 276a-2(a)).

(b) No part of the aforementioned contract has been or will be subcontracted

to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designed as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.

3. He agrees to obtain and forward to the aforementioned recipient within ten days

after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

4. He certifies that:

(a) The legal name and the business address of the undersigned are:

Contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements 13

(b) The undersigned is:

(1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF:

(2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe)

(c) The name, title and address of the owner, partners, or officers of the

undersigned are:

NAME TITLE ADDRESS

(d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are (if none, so state)

NAME ADDRESS NATURE OF INTENT

(e) The names, addresses and trade classifications of all other building construction contractors in which undersigned ha a substantial interest (if none, so state):

NAME ADDRESS TRADE CLASSIFICATION

Date (Contractor) By:

WARNING

U.S. Criminal Code, Section 1010, Title 18, U.S. C., provides in part: “Whoever …… makes, passes, utters, or publishes any statement knowing the same to be false….. shall be fined not more than $5,000 or imprisoned not more than two years, or both.”

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. This document is a MODIFIED version of EJCDC® C-430, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Page 1 of 2

5%BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name— Include Location): BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. This document is a MODIFIED version of EJCDC® C-430, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

Section 00 44 00-1

1984.011/1-2019

STATEMENT REQUIRED PURSUANT TO KRS 45A.343 The undersigned, as a duly authorized officer of ____________________________________ hereinafter called the company, pursuant to KRS 45A.343 states; 1. To the best of my knowledge, information and belief, the company has not been finally determined to have violated any of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, or 342 that apply to it within the five year period preceding this statement. 2. The company acknowledges that it will be required to be in compliance with those provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to it for the duration of the Contract to be entered into with Owner. 3. The company acknowledges that if it fails to reveal any final determination of violation of KRS Chapters 136, 139, 141, 337, 338, 341, or 342, or to comply with the applicable provision of those statues for the duration of the aforesaid Contract, such shall be grounds for Owner to: a. Cancel its contract with the company, and, b. Disqualify the company from eligibility for future contracts awarded by Owner for a

period of two years. This the __________ day of _______________________, ____________. ____________________________________________

(Company Name)

By: _____________________________________________ (Typed or printed name)

Title: _____________________________________________

Section 00 45 00-1

1984.011/1-2019

45A.395 Determination of responsibility – Right of nondisclosure. (1) A written determination of responsibility of a bidder or offeror shall be made, based on a

reasonable inquiry conducted by the local public agency. The unreasonable failure of a bidder or offeror to promptly supply information upon request may be grounds for a determination of nonresponsibility of such bidder or offeror.

(2) A written determination of responsibility of a bidder of offeror shall not be made until the

bidder or offeror provides the local public agency with a sworn statement made under penalty of perjury that he has not knowingly violated any provision of the campaign finance laws of the Commonwealth and that the award of a contract to the bidder or offeror will not violate any provisions of the campaign finance laws of the Commonwealth. “Knowingly” means, with respect to conduct or circumstances described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists.

(3) Except as otherwise provided by law, information furnished by a bidder or offeror pursuant

to this section may not be disclosed outside of the local public agency without prior written consent of bidder of offeror.

Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 288, sec. 19.

Section 00 45 00-2

1984.011/1-2019

STATEMENT REQUIRED PURSUANT TO KRS 45A.395

The provisions of KRS 45A.395 required that any bidder or offeror submit a sworn statement in conformity with such statute as a prerequisite to a determination that such bidder or offeror is a responsible bidder. The undersigned, individually and as the (Office or Title) of (Bidder or Offeror) states under penalty of perjury that neither he (she), nor, to the best of his (her) knowledge, anyone acting on behalf of Bidder or Offeror, has knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to the Bidder or Offeror will not violate any provision of the campaign finance laws of the Commonwealth. “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his conduct is of that nature or that the circumstance exists. This the day of , . (Company Name) By: (Typed or Printed Name) (Signature) Title:

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Contract:___________________________________________

REQUIRED AFFIDAVIT FOR BIDDERS CLAIMING KENTUCKY RESIDENT BIDDER STATUS

FOR BIDS AND CONTRACTS IN GENERAL: Bidder hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), Bidder is an individual, partnership, association, corporation, or other business entity that, on the date the Contract was first advertised or announced as available for bidding, Bidder: 1. Is authorized to transact business in the Commonwealth of Kentucky, and 2. Has for one year prior to and through the date of advertisement:

a. Filed Kentucky corporate income taxes, b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and c. Maintained a Kentucky workers’ compensation policy in effect.

OWNER reserves the right to request documentation supporting a Bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the Bidder or contract termination. ___________________________________ _______________________________ Signature Printed Name ___________________________________ _______________________________ Title (if signing on behalf of an entity) Date Company Name __________________________________________________________ Address __________________________________________________________ __________________________________________________________ Subscribed and sworn to before me by ___________________________ __________________ Affiant Title of _______________________________________, this _______ day of __________________, 201__. Company Name _______________________________________________________________ Notary Public [Seal of Notary] My commission expires:_______________________

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45A.455 Conflict of interest–Gratuities and kickbacks–Use of confidential information. (1) It shall be a breach of ethical standards for any employee with procurement authority to

participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge:

a. He, or any member of his immediate family has a financial interest therein; or b. A business or organization in which he or any member of his immediate family has

a financial interest as an officer, director, trustee, partner, or employee, is a party; or

c. Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

(2) It shall be a breach of ethical standards for any person to offer, give, or agree to give any

employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

(3) It is a breach of ethical standards for any payment, gratuity, or offer of employment to be

made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

(4) The prohibition against conflicts of interest and gratuities and kickbacks shall be

conspicuously set forth in every local public agency written contract and solicitation therefor.

(5) It shall be a breach of ethical standards for any public employee or former employee

knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

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SECTION 00 52 00

AGREEMENT THIS AGREEMENT is by and between (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Article 3. ENGINEER 3.01 The Project has been designed by Strand Associates, Inc®. 3.02 OWNER will act as OWNER’s representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

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4.02 Dates for Substantial Completion and Final Payment

A. The Work will be substantially complete within 180 calendar days after the date when the Contract Time commences to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Time commences to run. 4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence as stated in Paragraph 4.01 above and that OWNER will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty):

1. Substantial Completion: CONTRACTOR shall pay OWNER $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. This amount is comprised of $300 per day for engineering, construction administration services, construction observation services, and inspections and $200 per day for administration, labor, expenses, and other costs that will be incurred by OWNER.

2. Completion of Remaining Work: After Substantial Completion, if CONTRACTOR

shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, CONTRACTOR shall pay OWNER $500 for each day that expires after such time until the Work is completed and ready for final payment. This amount is comprised of $300 per day for engineering, construction administration services, construction observation services, and inspections and $200 per day for administration, labor, expenses, and other costs that will be incurred by OWNER.

3. Liquidated damages for failing to timely attain Substantial Completion and final

completion are not additive and will not be imposed concurrently. Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds as follows:

A. For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit. The awarded contract amount includes the computed total base bid plus bid alternatives.

B. All specific cash allowances are included in the Contract Price and have been computed in accordance with Paragraph 13.02 of the General Conditions.

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Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage

A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment as established at the preconstruction conference during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in Paragraph 2.05.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:

1. Prior to Substantial Completion, OWNER will retain an amount equal to 10% of each progress payment application until 50% of the Work has been completed. At 50% completion, further progress payment applications shall be paid in full to the CONTRACTOR and no additional amounts will be retained unless the ENGINEER certifies to the OWNER that the job is not proceeding satisfactorily. Amounts previously retained shall not be paid to the CONTRACTOR until substantial completion of the Work. At 50% completion of the Work, or any time thereafter when the character and progress of the Work is not satisfactory to OWNER on recommendation of ENGINEER, additional amounts may be retained, but in no event shall the total retainage be more than 10% of the value of the work completed.

2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase

total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 15.01.C.5 and 15.01.C.6 of the General Conditions and less 100% of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 15.06. Article 7. HIERARCHY 7.01 In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:

First: WRITTEN AMENDMENTS Second: AGREEMENT Third: CHANGE ORDERS Fourth: ADDENDA Fifth: SUPPLEMENTARY CONDITIONS Sixth: GENERAL CONDITIONS Seventh: SPECIFICATIONS

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Eighth: DRAWINGS Figure dimensions (numerical) on Drawings shall take precedence over dimensions measured utilizing a scale. Article 8. CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. CONTRACTOR has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. CONTRACTOR has considered the information known to CONTRACTOR itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR; and (3) CONTRACTOR’s safety precautions and programs.

F. Based on the information and observations referred to in the preceding paragraph, CONTRACTOR agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

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J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

K. CONTRACTOR’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

Article 9. CONTRACT DOCUMENTS 9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 00 52 00-1 through 00 52 00- , inclusive); 2. Performance bond (pages to 00 61 13.13-1 through 00 61 13.13-3, inclusive); 3. Payment bond (pages 00 61 13.16-1 through 00 61 13.16-3, inclusive); 4. Other bonds

a. (pages to , inclusive); b. (pages to , inclusive); c. (pages to , inclusive);

5. General Conditions (pages 00 72 00-1 through 00 72 00- , inclusive); 6. Supplementary Conditions (pages 00 73 00-1 through 00 73 00- , inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings–Sheets No. through No. inclusive incorporated herein by reference with each sheet bearing the following general title: as well as drawings listed in the table of contents that are bound at the back of these specifications. 9. Addenda ( ).

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10. Exhibits to this Agreement (enumerated as follows:)

a. CONTRACTOR’s Bid (pages to ); b. Documentation submitted by CONTRACTOR prior to Notice of Award

( ); c. ( );

11. The following may be delivered or issued on or after the Effective Date of the

Agreement:

a. Notice to Proceed (pages {__________} to {__________}, inclusive); b. Work Change Directives (not attached to this Agreement); c. Change Order(s) (not attached to this Agreement).

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as

expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 11.01 of the General Conditions. Article 10. MISCELLANEOUS 10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents.

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10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 CONTRACTOR’s Certifications

A. CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of

value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means the intentional misrepresentation of facts made (a) to

influence the bidding process or the execution of the Contract to the detriment of OWNER, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive OWNER of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more

Bidders, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Nonwaiver

A. No provision of the Contract Documents will be deemed waived by reason of one party failing to enforce the provision on one or more occasions. Any such waiver must be in writing. 10.07 Integration

A. The parties’ entire agreement is contained in the Contract Documents, and the provisions of the Contract Documents supersede all prior discussions or writings between the parties.

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on ___________________________________________, _____ (which is the Effective Date of the Agreement).

OWNER (Seal) Signature and Title ATTEST: By: Signature and Title

Address for Giving Notices: Name: Street: City, State, Zip Code: Phone: Facsimile: E-mail: Designated Representative:

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CONTRACTOR (Seal) Signature and Title ATTEST: By: Signature and Title

Address for Giving Notices: Name: Street: City, State, Zip Code: Phone: Facsimile: E-mail: Designated Representative: License No.: (Where applicable) (If CONTRACTOR is a corporation, limited liability company, or a partnership, attach evidence of authority to sign.)

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Certificate of Owner’s Attorney

I, the undersigned, _________________________, the duly authorized and acting legal representative of ______________________ do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof.

______________________________________ Signature

______________________________________ Date

END OF SECTION

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SECTION 00 55 00

NOTICE TO PROCEED

Dated: TO:

(CONTRACTOR) ADDRESS:

PROJECT: OWNER’S CONTRACT NO.: CONTRACT FOR:

(Insert name of Contract as it appears in the Bidding Documents)

You are notified that the Contract Time under the above Contract will commence to run on _____ day of ____________________, 20___. On that date, you are to start performing your obligations under the Contract Documents. Before you may start any work at the site, Paragraph 2.01.B of the General Conditions provides that you must deliver to OWNER (with copies to ENGINEER and other identified additional insureds) certificates of insurance, copies of endorsements, and other evidence of insurance which you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the site, you must

(Add Other Requirements)

(OWNER) By:

(Authorized Signature)

(Title)

END OF SECTION

Section 00 55 10-1

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SECTION 00 55 10

EROSION CONTROL CERTIFICATION

Dated: TO:

(OWNER) ADDRESS:

PROJECT: OWNER’S CONTRACT NO.: CONTRACT FOR:

(Insert name of Contract as it appears in the Bidding Documents)

I certify under penalty of law that I understand the terms and conditions of the General National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the stormwater discharges associated with industrial activities from the construction site and as may be detailed in the Contract Documents. I agree to indemnify and hold OWNER harmless from any claims, demands, suits, causes of action, settlements, fines, or judgments and the costs of litigation, including, but not limited to, reasonable attorneys fees and costs of investigation and arising from a condition, obligation, or requirement assumed or to be performed by CONTRACTOR for storm water pollution and erosion control. Fines and other costs incurred against OWNER for CONTRACTOR’s failure to provide the required erosion control practices will be paid by CONTRACTOR.

(CONTRACTOR) By:

(Authorized Signature)

(Title)

END OF SECTION

EJCDC® C-610, Performance Bond This document is a MODIFIED version of EJCDC® C-610, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address): CONSTRUCTION CONTRACT

Effective Date of the Agreement: Amount: Description (name and location):

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C-610, Performance Bond This document is a MODIFIED version of EJCDC® C-610, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the

Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than

EJCDC® C-610, Performance Bond This document is a MODIFIED version of EJCDC® C-610, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 3 of 3

the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction

Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment Bond This document is a MODIFIED version of EJCDC® C-615, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 1 of 3

PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address):

CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location):

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C-615, Payment Bond This document is a MODIFIED version of EJCDC® C-615, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 2 of 3

1. The Contractor and Surety, jointly and severally, bind

themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with the Contractor,

5.1.1 have furnished a written notice of non-

payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2 have sent a Claim to the Surety (at the

address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed amounts.

7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

EJCDC® C-615, Payment Bond This document is a MODIFIED version of EJCDC® C-615, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering

Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 3 of 3

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant including at a minimum:

1. The name of the Claimant; 2. The name of the person for whom the labor

was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

CDBG General Conditions Table of Contents

1. Contract and Contract Documents 27. Payments by Contractor 2. Definitions 28. Insurance 3. Additional Instructions and Details Drawings 29. Contract Security 4. Shop or Setting Drawings 30. Additional or Substitute Bond 5. Materials, Services and Facilities 31. Assignments 6. Contractor’s Title to Materials 32. Mutual Responsibility of Contractors 7. Inspection and Testing of Materials 33. Separate Contracts 8. “Or Equal” Clause 34. Subcontracting 9. Copyrights and Patents 35. Architect/Engineer’s Authority 10. Surveys, Permits and Regulations 36. Stated Allowances 11. Contractor’s Obligations 37. Use of Premises and Removal of

Debris 12. Weather Conditions 38. Quantities of Estimate 13. Protection of Work and Property- Emergency 39. Lands and Rights-of-Way 14. Inspection 40. General Guaranty 15. Reports, Records and Data 41. Conflicting Conditions 16. Superintendence by Contractor 42. Notice and Service Thereof 17. Changes in Work 43. Provisions Required by Law

Deemed Inserted 18. Extras 44. Protection of Lives and Health 19. Time for Completion and Liquidated

Damages 45. 46.

Subcontracts Conflict of Interest

20. Correction of Work 47. Interest of Member of Congress 21. Subsurface Conditions Found Different 48. Other Prohibited Interests 22. Claims for Extra Cost 49. Use Prior to Owner’s Acceptance 23. Right of Owner to Terminate Contract 50. Photographs of the Project 24. Construction Schedule and Periodic

Estimates 51. Suspension of Work

25. Payments to Contractor 52. Access to Records 26. Acceptance of Final Payment Constitutes

Release 53. 54.

Federal Labor Standards Anti-Kickback Act

General Conditions Including Federal Labor Standards Provisions 2

I. General Conditions Including Federal Labor Standards Provisions

1. Contract and Contractor Documents

The project to be constructed and pursuant to this Contract will be financed with assistance from the Kentucky Community Development Block Grant Program and is subject to all applicable Federal laws and regulations. The plans, specifications and addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions on page 30, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents is 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.

2. Definitions

The following terms as used in this contract are respectively defined as follows:

(a) “Contractor”: A person, firm or corporation with whom the contract is made by the Owner.

(b) “Subcontractor”: A person, firm or corporation supplying labor and materials

or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor.

(c) “Work on (at) the project”: Work to be performed at the location of the project,

including the transportation of materials and supplies to or from the location of the project by employees of the Prime Contractor and any Subcontractor.

3. Additional Instructions and Detail Drawings

The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of show drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the

General Conditions Including Federal Labor Standards Provisions 3

work; each such schedule to be subjected to change from time to time in accordance with the progress of the work.

4. Shop or Setting Drawings

The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the plans and specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings.

5. Materials, Services and Facilities

(d) It is understood that except as otherwise specifically stated in the

Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time.

(e) Any work necessary to be performed after regular working hours, on

Sunday or Legal Holidays, shall be performed without additional expense to the Owner.

6. Contractor’s Title to Materials

No materials or supplies for the work shall be purchased by the Contractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

7. Inspection and Testing of Materials

(a) All materials and equipment used in the construction of the project shall

be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as a part of the Subcontract.

General Conditions Including Federal Labor Standards Provisions 4

(b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended.

8. “Or Equal” Clause

Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any materials, article or equipment of other manufacturers and vendors which will perform adequately to the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer’s written approval.

9. Copyrights and Patents

(a) The Contractor shall hold and save the Owner and its officers, agents,

servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents.

(b) License or Royalty Fees: License and/or royalty fees for the use of a

process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor.

(c) If the contractor uses any design, device or materials covered by letters,

patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. If is mutually agreed and understood, that without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any say involved in the work. The Contactor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.

(d) Any copyrightable work resulting from this Agreement is available to the

author for such, but the City and the Department of Local Government reserve the option for unlimited use and license to such work. Any discovery or invention shall be reported promptly to the City and the

General Conditions Including Federal Labor Standards Provisions 5

Department of Local Government for the determination as to whether patent protection should be sought and how the rights of any patent shall be disposed of and administered in order to protect the public interest.

10. Surveys, Permits and Regulations

Unless otherwise expressly provided for in the specifications, the Owner will furnish the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of this Subcontract. The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to performance of the work, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities.

11. Contractor’s Obligations

The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said specifications and in accordance with the plans and drawings covered by this Contract any and all supplemental plans and drawings, and in accordance with the directions of the Contractor and/or Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the Contract and specifications, and shall do, carry on and complete the entire work to the satisfaction of the Contractor, Architect/Engineer and the Owner.

12. Weather Conditions

In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his Subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors to protect his work, such materials shall be removed and replaced at the expense of the Contractor.

13. Protection of Work and Property – Emergency

The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace

General Conditions Including Federal Labor Standards Provisions 6

or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions.

14. Inspection

The authorized representatives and agents of the Department of Local Government and the Department of Housing and Urban Development shall be permitted to inspect all work, materials, payrolls, and records of personnel, invoices of materials and other relevant data and records.

15. Reports, Records and Data

The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this Contract.

16. Superintendence by Contractor

At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor’s payroll.

17. Changes in Work

No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods:

(a) Unit bid prices previously approved. (b) An agreed lump sum.

General Conditions Including Federal Labor Standards Provisions 7

(c) The actual cost of

1. Labor, including foremen. 2. Materials entering permanently into the work. 3. The ownership or rental cost of construction plant and

equipment during the time of use on the extra work. 4. Power and consumable supplies for the operation of power

equipment. 5. Insurance. 6. Social Security and old age and unemployment

contributions.

18. Extras

Without invalidating the Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order.

19. Time for Completion and Liquidated Damages

It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commended on a data to be specified in the “Notice to Proceed”. The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as part consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Contract, 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 Contractor 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, and said amount is agreed to be the amount of damages which the Owner would sustain and

General Conditions Including Federal Labor Standards Provisions 8

said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the contractor is without fault and the Contractor’s reasons for the time extension are acceptable to the Owner; provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

(a) To any preference, priority or allocation order duly issued by the Government.

(b) To unforeseeable cause beyond the control and without fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather.

(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article.

Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain in the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter.

20. Correction of Work

All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable.

21. Subsurface Conditions Found Different

Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the plans or indicated in the specifications, he shall immediately give notice to the Architect/Engineer of such conditions before

General Conditions Including Federal Labor Standards Provisions 9

they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the plans or indicated in the specifications he will at once make such changes in the plans and/or specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions.

22. Claims for Extra Cost

No claim for extra work or associated cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto.

23. Right of Owner to Terminate Contract

In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of the work and necessary therefore. The Owner may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the Contract is terminated by the Owner as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If the Contract is terminated due to the fault of the Contractor, the above paragraph relative to termination shall apply.

24. Construction Schedule and Periodic Estimates

Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated

General Conditions Including Federal Labor Standards Provisions 10

amount of each monthly payment will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price.

25. Payments to the Contractor

(a) Not later than the last day of each calendar month the Owner shall make

a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; provided, that the Contractor shall submit his estimate not later than the tenth day of the month; provided, further, that on completion and acceptance of each separate building, public work, or other division of the Contract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions.

(b) In preparing estimates the material delivered on the site and preparatory

work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon

become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.

(d) Owner's Right to Withhold Certain Amounts and Make Application

Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this

General Conditions Including Federal Labor Standards Provisions 11

Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety .In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

26. Acceptance of Final Payment Constitutes Release

The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligations under this Contract or the performance and payment bond.

27. Payments by Contractor

The Contractor shall pay (a) for all transportation and utility services not later than the last day of the calendar month following that in which services are rendered, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the last day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the last day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, not later than the last day following each payment to the Contractor, the respective amount allowed the Contractor on account of the work performed by his Subcontractors to the extent of each Subcontractor’s interest therein.

28. Insurance

The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on this subcontract until the insurance required of the Subcontractor has been so obtained and approved.

(a) Compensation Insurance: The Contractor shall procure and shall maintain

during the life of this Contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this Contract, and, in case of any such work sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in

General Conditions Including Federal Labor Standards Provisions 12

hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected.

(b) Contractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and maintain during the life of this Contract Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in Supplemental General Conditions.

(c) Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his Subcontractors to procure and to maintain during the life of his subcontract Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (B) hereof, or (2) insure the activities of his policy, specified in subparagraph (b) hereof.

(d) Scope of Insurance and Special Hazards: The insurance required under

subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Supplemental General Conditions.

(e) Builder’s Risk Insurance (Fire and Extended Coverage): Until the project

is completed and accepted by the Owner, the Owner or Contractor (at the Owner's option as indicated in the Supplemental General Conditions. Form HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, and Subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance, however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor’s undertaking.

(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner

with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner.”

General Conditions Including Federal Labor Standards Provisions 13

29. Contract Security

The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law.

30. Additional or Substitute Bond

If at any time the Owner for justifiable cause shall be or become dissatisfied with any Surety or Sureties, then upon the performance or payment bonds, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished such an acceptable bond to the Owner.

31. Assignments

The Contractor shall not assign the whole or any part of this Contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the corporations of services rendered or materials supplied for the performance of the work called for in this contract.

32. Mutual Responsibility of Contracts

If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim.

33. Separate Contracts

The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in

General Conditions Including Federal Labor Standards Provisions 14

the detailed execution of the work. The Contractor, including his Subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress of defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work.

34. Subcontracting

The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner.

35. Architect/Engineer’s Authority

The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract and specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure

General Conditions Including Federal Labor Standards Provisions 15

or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer.

36. Stated Allowances

The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the" Allowed Materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the “Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work.

37. Use of Premises and Removal of Debris

The Contractor expressly undertakes at his own expense:

(a) To take every precaution against injuries to persons or damage to property.

(b) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other Contractors.

(c) To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.

(d) To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance.

(e) Before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition.

(f) To affect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other Contractor.

38. Quantities of Estimate

Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages.

General Conditions Including Federal Labor Standards Provisions 16

39. Lands and Rights-of-Way

Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying out and completion of work to be performed under this Contract. All acquisitions of real property including temporary and permanent easements must follow the Uniform Relocation Act requirements.

40. General Guaranty

Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness.

41. Conflicting Conditions

Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency.

42. Notice and Service Thereof

Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address or delivered in person to the said Contractor or his authorized representative on the work.

43. Provisions Required by Law Deemed Inserted

Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

44. Protection of Lives and Health

"The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No.75, Saturday, April 17, 1971. Title 29 - Labor shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary.”

General Conditions Including Federal Labor Standards Provisions 17

45. Subcontracts

"The Contractor will insert in any subcontracts the Federal Labor Standards Provision contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.”

46. Conflict of Interest

No person who is an employee, agent, consultant, officer or elected or appointed official of recipient or subrecipient who exercises or has exercised any functions or responsibilities with respect to KCDBG activities or who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a financial interest or benefit from a KCDBG activity, have an interest or benefit from the activity or have an interest in any contract, subcontract or agreement with respect to a CDBG activity or its proceeds, for themselves or those with whom they have family or business ties. The prohibition applies during their tenure and for one year thereafter.

47. Interest of Member of or Delegate to Congress

No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit.

48. Other Prohibited Interests

No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

49. Use and Occupancy Prior to Acceptance by Owner

The Contractor agrees to use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner:

• Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other Contract requirements. Secures endorsement from the insurance carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction.

Or

General Conditions Including Federal Labor Standards Provisions 18

• When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to complete construction. Consent of Surety must also be obtained.

50. Photographs of the Project

If required by the Owner, the Contractor shall furnish photographs of the project, in the quantities and as described in the Supplemental General Conditions.

51. Suspension of Work

Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing.

52. Access to Records

The Contractor shall maintain accounts and project records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City/County to assure proper accounting for all project funds, both CDBG and non-CDBG shares. These records will be made available to the City, the Department of Local Government, Commonwealth of Kentucky Finance & Administration Cabinet, Commonwealth of Kentucky Auditor of Public Audits, Commonwealth of Kentucky Legislative Research Commission, U.S. Department of Housing and Urban Development, the U. S. Department of Labor, and the Comptroller General of the United States, or any of their duly authorized representatives. These parties shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to the project, for the purpose of making audit, examination, excerpts, and transcriptions. All records shall be maintained for five years after project closeout.

53. Federal Labor Standards Provisions (HUD-4010, 2-84)

Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR

General Conditions Including Federal Labor Standards Provisions 19

Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321 shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed

by a classification in the wage determination; 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a

reasonable relationship to the wage rates contained in the wage determination.

(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

General Conditions Including Federal Labor Standards Provisions 20

(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of the paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written

request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal Contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective

General Conditions Including Federal Labor Standards Provisions 21

employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.

3. Payrolls and Basic Records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project). Such records shall contain the name, address and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under 0MB Control Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under 0MB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a 'Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

1. That the payroll for the payroll period contains the information

required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;

General Conditions Including Federal Labor Standards Provisions 22

2. That each laborer or mechanic (including each helper 1 apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3.

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph A.3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 and Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant 20 CFR Part 5.12.

4. (i) Apprentices and Trainees. Apprentices. Apprentices will be permitted to

work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program

General Conditions Including Federal Labor Standards Provisions 23

shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

General Conditions Including Federal Labor Standards Provisions 24

5. Compliance with Copeland Act Requirements. The contractor shall comply with

the requirements of 29 CFR Part 3 which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the

clause contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination; Debarment. A breach of contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CFR Part 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility .By entering into this contract, the contractor certified that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C.1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions," provides in part: "Whoever, for the purpose of ...influencing in any way the action of such Administration ...makes, utters, or publishes any statement, knowing the same to be false ...shall be fined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic

to whom the wage, salary, or other labor standards provisions of this Contract

General Conditions Including Federal Labor Standards Provisions 25

are applicable shall be discharged or in any other manner discriminated against by the Contractor or subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under Contract to his employer.

B. Contract Work Hours and Safety Standards Act (over $100,000). As used in this paragraph, the terms "laborers' and "mechanics" include watchmen and guards.

(1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph.

(3) Withholding For Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

General Conditions Including Federal Labor Standards Provisions 26

C. Health and Safety

(1) No laborer or mechanic shall be required to work in surroundings or

under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

(2) The Contractor shall comply with all regulations issued by the

Secretary of Labor pursuant to Title 29 Part 1926 (formerly Part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).

(3) The Contractor shall include the provisions of this Article in every

subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

54. Anti-Kickback Act

Attachment to Federal Labor Standards Provisions, So-Called "Anti-Kickback Act" and Regulations Promulgated Pursuant Thereto by the Secretary of Labor. United States Department of Labor. Title 18, U.S.C., Section 874 (HUD-4010, 2-76) (Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Section 276B) pursuant to the Act of June 25, 1948, 62 Stat. 862). Kickbacks from Public Works Employees Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, 62 Stat. 862,63 Stat. 108, Stat. 967, 40 U.S.C., section 276c). The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements.

General Conditions Including Federal Labor Standards Provisions 27

Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term “this part”, as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows. Title 29 – Labor; Subtitle A – Office of the Secretary of Labor, Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by loans or grants from the United States. Section 3.1 – Purpose and scope This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No.14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 – Definitions. As used in the regulations in this part:

(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or “work” within the meaning of the regulations in this part.

(b) The terms "construction", "completion," or "repair' mean all types of work done on a particular building or work at the site thereof, including, without

General Conditions Including Federal Labor Standards Provisions 28

limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor.

(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency.

(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance.

(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of contractual relationship alleged to exist between him and the real employer.

(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.

(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations. all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies and instrumentalities.

Section 3.3 – Weekly statement with respect to payment of wages

(a) As used in this section, the term "employee" shall not apply to persons in

classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees.

(b) Each contractor or subcontractor engaged in the construction, prosecution,

completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance," or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be

General Conditions Including Federal Labor Standards Provisions 29

obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office.

(c) The requirements of this section shall not apply to any contract of $2,000 or

less. (d) Upon a written finding by the head of a Federal agency, the Secretary of

Labor may provide reasonable limitations, variations, tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify.

(29 F.R. 95, Jan. 4 1964, as amended at 33 FR 10186, July 17, 1968)

Section 3.4 – Submission of weekly statements and the preservation and inspection of weekly payroll records.

(a) Each weekly statement required under SS 3.3 shall be delivered by the

contractor or subcontractor within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor.

(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor.

Section 3.5 – Payroll deductions permissible without application to or approval of the Secretary of Labor.

Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor.

(a) Any deduction made in compliance with the requirements of Federal, State or

local law, such as Federal or State withholding income taxes and Federal social security taxes.

(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages'. is considered to have been made only when cash or its equivalent has been advanced to the person

General Conditions Including Federal Labor Standards Provisions 30

employed in such manner as to give him complete freedom of disposition of the advanced funds.

(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.

(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing. or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee.

(e) Any deduction contribution toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee.

(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes.

(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross.

(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations.

(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law.

(j) Any deduction not more than for the "reasonable cost' of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 431 of this title. When such a deduction is made the additional records required under SS 516.27(a) of this title shall be kept.

Section 3.6 – Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under SS 3.5. The Secretary may grant permissions whenever he finds that:

General Conditions Including Federal Labor Standards Provisions 31

(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise;

(b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing

and in advance of the period in which the work to be done, and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and

(d) The deduction serves the convenience and interest of the employee. Section 3.7 – Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under SS 3.6 shall comply with the requirements prescribed in the following paragraphs of this section:

(a) The application shall be in writing and shall be addressed to the Secretary of Labor.

(b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances.

(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of SS 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.

(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made.

(e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant.

Section 3.8 – Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of SS 3.6; and shall notify the applicant in writing of his decision. Section 3.9 – Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under SS 3.6 are prohibited. Section 3.10 – Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on demand. or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 – Regulations part of contract.

General Conditions Including Federal Labor Standards Provisions 32

All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see SS 5.5(a) of this subtitle.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 33

CDBG Supplemental General Conditions Including Equal Opportunity Provisions

1. Enumeration of Plans, Specifications and Addenda

2. Stated Allowances

3. Special Hazards

4. Contractor’s and Subcontractor’s Public Liability, Vehicle Liability and Property Damage Insurance

5. Photographs of Project

6. Schedule of Occupational Classifications and Minimum Hourly Wage Rates

7. Builder’s Risk Insurance

8. Special Equal Opportunity Provisions

9. Certification of Compliance with Air and Water Acts

10. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention

11. Energy Efficiency

12. Access to Records

13. Wage Rate Determination(s)

14. Contract Work Hours and Safety Standards Act

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 34

1. Enumeration of Plans, Specifications and Addenda

Following are the Plans, Specifications and Addenda which form a part of this Contract, as set forth in paragraph 1 of the General Conditions, “Contract and Contract Documents”:

DRAWINGS General Construction: Nos. 1-21

SPECIFICATIONS: General Construction: Page 00 11 13–1 to 15121–3, inclusive

ADDENDA: No. Date No. Date No. Date No. Date

2. Stated Allowances

Pursuant to Paragraph 36 of the General Conditions, the Contractor shall include the following cash allowances in his proposal (a) For Capacity Connection Fee (Page 01 41 00 of Specifications) $329,260

3. Special Hazards

The Contractor’s and his Subcontractor’s Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards:

4. Contractor’s and Subcontractor’s Public Liability, Vehicle Liability and

Property Damage Insurance

As required under paragraph 28 of the General Conditions, the Contractor’s Public Liability Insurance and Vehicle Insurance shall be in an amount not less than the amount specified in the Supplemental General Conditions for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than the amount specified in the Supplemental General Conditions on account of one accident, and Contractor’s Property Damage Insurance in an amount not less than the amount specified in the Supplemental General Conditions.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 35

The Contractor shall either (1) require each of his Subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his Subcontractors in his own policy.

5. Photographs of Project

As provided in paragraph 50 of General Conditions, the Contractor will furnish photographs in the number, type and stage as enumerated below:

6. Schedule of Occupational Classifications and Minimum Hourly Wage Rate as

required under paragraph 53 of the General Conditions.

Given in the Wage Rates.

7. Builder’s Risk Insurance

As provided in the General Conditions, paragraph 28(e), the Contractor will/will not* maintain Builder’s Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the Owner, the Contractor and all Subcontractors, as their interests may appear.

* Strike out one.

8. Special Equal Opportunity Provisions

A. 3-Paragraph Equal Opportunity Clause for Activities and Contracts Not subject to Executive Order 11246, as Amended (applicable to Federally assisted construction contracts and related subcontracts $10,000 and under) During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant

for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

2. The Contractor shall post in conspicuous places, available to employees

and applicants for employment, notices to be provided by contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, or sex or national origin.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 36

3. Contractors shall incorporate forgoing requirements in all subcontracts.

B. Executive Order 11246 (contracts/subcontracts above $10,000)

1. Section 202 Equal Opportunity Clause

During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information. d. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 37

declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

2. Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity (Executive Order 11246) (applicable to contract/subcontracts exceeding $10,000)

a. The Offeror's or Bidder's attention is called to the "Equal

Opportunity Clause" and the "”Affirmative Action Compliance Requirements for Construction clause”, set forth herein.

b. The goals and timetables for minority and female participation,

expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Goals for Female Participation Participation 11% 6.9%

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1)its implementation of the Equal Opportunity Clause, (2) specific affirmative action obligations required by the clause

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 38

entitled Affirmative Action Compliance Requirements for Construction,, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

c. The Contractor shall provide written notification to the Director of

the Office of Federal Contract Compliance Programs within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

d. As used in this notice, and in any contract resulting from this

solicitation, the "covered area" is Boone County (insert description of the geographical areas where the contract is to be performed giving the state, county, and city, if any).

3. Affirmative Action Compliance Requirements for Construction

(Executive Order 11246)

a. As used in these specifications:

(1) “Covered area" means the geographical area described in solicitation from which this Contract resulted.

(2) “Deputy Assistant Secretary” means the Deputy

Assistant Secretary for the Office of Federal Contract Compliance Program, United States Department of Labor, or a designee.

(3) "Employer identification number" means the Federal

Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

(4) Gender Identity has the meaning given by the

Department of Labor’s Office of Federal Contract

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 39

Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_Faq’s.html.

(5) Sexual Orientation has the meaning given by the

Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_Faq’s.html.

(6) “Minority” includes:

(a) Black (all persons having origins in any of the Black

African racial groups not of Hispanic origin). (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban,

Central or South American or other Spanish culture or origin, regardless of race).

(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands.

(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

(7) Whenever the Contractor, or any Subcontractor at any

tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 this clause and the Notice containing the goals for minority and female participation which is stated in the solicitations from which this Contract resulted.

(8) If the Contractor is participating (pursuant to 41 CFR

60-4) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in, and compliance with, the provisions of the plan. Each Contractor or Subcontractor participating in an approved plan is also required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any Contractor's or Subcontractor's failure to take good faith efforts to achieve the plan’s goals.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 40

(9) The Contractor shall implement the specific affirmative action standards provided in paragraphs 10a through p of this clause. The goals stated in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors- performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.

(10) Neither the terms and conditions of any collective

bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under this clause, Executive Order 11246, as amended, or the regulations thereunder.

(11) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor.

(12) The Contractor shall take affirmative action to

ensure equal employment opportunity. The evaluation of the Contractor's compliance with this clause shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:

(a) Ensure and maintain a working environment

free of harassment, intimidation and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 41

shall specifically ensure that foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities.

(b) Establish and maintain a current list of

sources for minority and female recruitment. Provide written notification to minority and female recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses.

(c) Maintain a current file of the names,

addresses and telephone numbers of each minority and female off-the-street applicant, referrals of minorities or females from unions, recruitment sources, or community organizations and the action taken with respect to each individual. If an individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have taken.

(d) Immediately notify the Deputy Assistant

Secretary when the union or unions with which the Contractor has a collective bargaining agreement has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

(e) Develop on-the-job training opportunities

and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 42

programs to the sources compiled under subparagraph 10b of this clause.

(f) Disseminate the Contractor's EEO policy

by-

(i) Providing notice of the policy to unions and to training, recruitment and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;

(ii) Including the policy in any policy manual

and collective bargaining agreements; (iii) Publicizing the policy in the company

newspaper, annual report, etc.; (iv) Review the policy with all management

personnel at least once a year; and (v) Posting the policy on bulletin boards

accessible to all employees at each location where construction work is performed

(g) Review, at least annually, the contractor’s

Equal Employment Opportunity policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination or other employment decisions. Conduct review of this policy with all onsite supervisory personnel before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter.

(h) Disseminate the Contractor's EEO policy

externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to and discuss the policy with other Contractors and Subcontractors with which the Contractor does or anticipates doing business.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 43

(i) Direct recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for the acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process.

(j) Encourage present minority and female

employees to recruit minority persons and women. Where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor’s work force.

(k) Validate all tests and other selection

requirements required under 41 CFR Part 60-3.

(l) Conduct, at least annually, an inventory and

evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.

(m) Ensure that seniority practices, job

classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the Contractor's obligations under these specifications are being carried out.

(n) Ensure that all facilities and company

activities are non-segregated except that separate or single-use restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 44

(o) Maintain a record of solicitations for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

(p) Conduct a review, at least annually, of all

supervisors' adherence to and performance under the Contractor's Equal Employment Opportunity policy and affirmative action obligations.

(13) The Contractor is encouraged to participate in

voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained is subparagraphs10(a) through (p) of this clause. The efforts of a contractor association, joint contractor-union, contractor- community, or similar group of which the Contractor is a member and participant, may be asserted as fulfilling one or more of its obligations under 10(a) through (p) of this clause provided that the Contractor-

(a) Actively participates in the group;

(b) Makes every effort to assure that the group has a

positive impact on the employment of minorities and women in the industry;

(c) Ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation;

(d) Makes a good faith effort to meet its individual

goals and timetables;

(e) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s non-compliance.

(14) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 45

particular group is employed in a substantially disparate manner.).

(15) The Contractor shall not use the goals and

timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

(16) The Contractor shall not enter into any subcontract

with any person or firm debarred from Government contracts under Executive Order 11246, as amended.

(17) The Contractor shall carry out such sanctions and

penalties for violation of this clause and of the Equal Employment Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any failure to carry out such sanctions and penalties shall be in violation of this clause and Executive Order 11246, as amended.

(18) The Contractor, in fulfilling its obligations under this

clause, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 10 of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity .If the Contractor fails to comply with the requirements of Executive Order 11246 as amended, the implementing regulations or these specifications, the Deputy Assistant Director shall proceed in accordance with 41 CFR 60-4.8.

(19) The Contractor shall designate a responsible

official to-

(a) monitor all employment related activity to ensure that the Contractor’s Equal Employment policy is being carried out;

(b) to submit reports as may be required by the

Government and;

(c) Keep records that shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper or laborer), dates of

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 46

changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained.

(20) Nothing herein provided shall be construed as a

limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

C. Certification of Nonsegregated Facilities (over $10,000)

By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that s/he does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that s/he does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. S/he certifies further that s/he will not maintain or provide for employees any segregated facilities at any of his/'her establishments, and s/he will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Employment Opportunity Clause of this Contract. As used in this certification, the term “segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin, because of habit, local custom or otherwise. The term does not include separate or single-user restrooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. S/he further agrees that (except where he/she has obtained identical certifications. from proposed Subcontractors for specific time periods) he/she will obtain identical certification from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed Subcontractors (except where proposed Subcontractors have submitted identical certifications for specific time periods).

D. Title VI Clause, Civil Rights Act of 1964

Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color or national origin be excluded from participation in, be denied

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 47

the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

E. Section 109 Clause, Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

F. “Section 3” Compliance in the Provision of Training, Employment and

Business Opportunities (Over $100,000)

1. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given low and very low income residents of the project area (including public housing residents and persons with disabilities) and contracts for work in connection with the project be awarded to business concerns which are owned by or employee low and very low income residents of the project area.

2. The parties to this Contract will comply with the provisions of said

Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

3. The Contractor will send to each labor organization or representative

of workers with which he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

4. The Contractor will include this Section 3 clause in every subcontract

for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 48

Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

5. Compliance with the provisions of Section 3, the regulations set forth

in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified in 24 CFR Part 135.

G. Rehabilitation Act of 1973, Section 503 Handicapped (if $10,000 or over)

Affirmative Action for Handicapped Workers

1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.

2. The Contractor agrees to comply with the rules, regulations and

relevant orders of the Secretary of Labor issued pursuant to the Act.

3. In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

4. The Contractor agrees to post in conspicuous places, available to

employees and applicants for employment notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees.

5. The Contractor will notify each labor union or representative of

workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physical and mentally handicapped individuals.

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 49

6. The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.

H. Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended;

41 CFR Part 60-250 (if $100,000 or over)

1. The contractor will not discriminate against any employee or applicant for employment because he or she is a special disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following:

i. recruitment, advertising, and job application procedures

ii. hiring, upgrading, promotion, award of tenure, demotion,

transfer, layoff, termination, right of return from layoff and rehiring;

iii. rates of pay or any other form of compensation and changes in compensation;

iv. job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

v. leaves of absence, sick leave, or any other leave;

vi. fringe benefits available by virtue of employment, whether or not administered by the contractor

vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

viii. activities sponsored by the contractor including social or

recreational programs; and ix. any other term, condition, or privilege of employment.

2. The contractor agrees to immediately list all employment openings which

exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 50

this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office.

3. Listing of employment openings with the local employment service office

pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment.

4. Whenever the contractor becomes contractually bound to the listing

provisions in paragraphs 2 and 3 of this clause, it shall advise the state employment security agency in each state where it has establishments of the name and location of each hiring location in the state, provided that this requirement shall not apply to state and local governmental contractors. As long as the contractor is contractually bound to these provisions and has so advised the state agency, there is no need to advise the state agency of subsequent contracts. The contractor may advise the state agency when it is no longer bound by this contract clause.

5. The provisions of paragraphs 2 and 3 of this clause do not apply to the

listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

6. As used in this clause:

i. All employment openings includes all positions except executive

and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment.

ii. Executive and top management means any employee: a) Whose primary duty consists of the management of the

enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof; and

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 51

b) who customarily and regularly directs the work of two or more other employees therein; and

c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and

d) who customarily and regularly exercises discretionary powers; and

e) who does not devote more than 20 percent, or, in the case of an employee of a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment, or who owns at least a 20-percent interest in the enterprise in which he or she is employed.

iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established ``recall'' lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.

7. The contractor agrees to comply with the rules, regulations, and relevant

orders of the Secretary of Labor issued pursuant to the Act. 8. In the event of the contractor's noncompliance with the requirements of

this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

9. The contractor agrees to post in conspicuous places, available to

employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 52

disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair).

10. The contractor will notify each labor organization or representative of

workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era.

11. The contractor will include the provisions of this clause in every

subcontract or purchase order of $10,000 or more, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.

I. Age Discrimination Act of 1975

During the performance of this Contract, the Contractor agrees as follows: the Contractor agrees not to exclude from participation, deny program benefits, or discriminate on the basis of age.

9. Certification of Compliance with Air and Water Acts (applicable to Federally-assisted construction contracts and related subcontracts exceeding ($100,000) During the performance of this Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Contract Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all “nonexempt" Contractors and Subcontractors shall furnish to the Owner, the following:

A. A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 53

requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

C. A stipulation that as a condition for the award of the Contract, prompt notice

will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities.

D. Agreement by the Contractor that he will include, or cause to be included, the

criteria and requirements in paragraphs A through D of this section in every nonexempt subcontract and requiring that the Contractor will take such actions as the Government may direct as a means of enforcing such provisions.

10. Special Conditions Pertaining to Hazards, Safety Standards and Accident

Prevention

A. Lead-Based Paint Hazards (applicable to contracts for construction or rehabilitation of residential structures) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The Contractor and Subcontractors shall comply with the provisions for the elimination of lead- based paint hazards under sub-part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof.

B. Use of Explosives (modify as required)

When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, State and Federal laws in purchasing and handling of explosives. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timer, steel or rope mats. The Contractor shall notify all owners of public utility property of intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Engineer, does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use.

C. Danger Signals and Safety Devices (modify as required) The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such

CDBG Supplemental General Conditions Including Equal Opportunity Provisions 54

action by the Owner does not relieve the Contractor of any liability incurred under these specifications or Contract.

11. Energy Efficiency

The Contractor shall recognize mandatory standards and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan issued in Compliance with the Energy Policy and Conservation Act.

12. Access to Records

The Contractor shall maintain accounts and project records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both CDBG and non-CDBG shares. These records will be made available to the City, the Department of Local Government, Commonwealth of Kentucky Finance & Administration Cabinet, Commonwealth of Kentucky Auditor of Public Audits, Commonwealth of Kentucky Legislative Research Commission, U.S. Department of Housing and Urban Development, the U. S. Department of Labor, and the Comptroller General of the United States, or any of their duly authorized representatives. These parties shall have access to any books, documents, papers and records of the Contractor, which are directly pertinent to the project, for the purpose of making audit, examination, excerpts and transcriptions. All records shall be maintained for five years after project closeout.

13. Wage Rate Determination(s)

(Appropriate wage rates shall be inserted here) 14. Contract Work Hours and Safety Standards Act

All grantees and subgrantee’s contracts must contain provisions requiring compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) where construction contracts are awarded by grantees or subgrantees in excess of $2,000, and in excess of $2,500 for other contracts involving the employment of mechanics and laborers.

EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.

These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers

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(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

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EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page i

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology ......................................................................................... 1

1.01 Defined Terms ........................................................................................................................ 1

1.02 Terminology ........................................................................................................................... 5

Article 2 – Preliminary Matters ....................................................................................................... 6

2.01 Delivery of Bonds and Evidence of Insurance ........................................................................ 6

2.02 Copies of Documents ............................................................................................................. 6

2.03 Before Starting Construction ................................................................................................. 6

2.04 Preconstruction Conference; Designation of Authorized Representatives ........................... 7

2.05 Initial Acceptance of Schedules ............................................................................................. 7

2.06 Electronic Transmittals ........................................................................................................... 7

Article 3 – Documents: Intent, Requirements, Reuse .................................................................... 8

3.01 Intent ...................................................................................................................................... 8

3.02 Reference Standards .............................................................................................................. 8

3.03 Reporting and Resolving Discrepancies ................................................................................. 8

3.04 Requirements of the Contract Documents ............................................................................ 9

3.05 Reuse of Documents ............................................................................................................ 10

Article 4 – Commencement and Progress of the Work ................................................................ 10

4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 10

4.02 Starting the Work ................................................................................................................. 10

4.03 Reference Points .................................................................................................................. 10

4.04 Progress Schedule ................................................................................................................ 10

4.05 Delays in Contractor’s Progress ........................................................................................... 11

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..................................................................................................................................... 12

5.01 Availability of Lands ............................................................................................................. 12

5.02 Use of Site and Other Areas ................................................................................................. 12

5.03 Subsurface and Physical Conditions ..................................................................................... 13

5.04 Differing Subsurface or Physical Conditions ........................................................................ 14

5.05 Underground Facilities ......................................................................................................... 15

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5.06 Hazardous Environmental Conditions at Site ...................................................................... 17

Article 6 – Bonds and Insurance ................................................................................................... 19

6.01 Performance, Payment, and Other Bonds ........................................................................... 19

6.02 Insurance—General Provisions ............................................................................................ 19

6.03 Contractor’s Insurance ......................................................................................................... 20

6.04 Owner’s Liability Insurance .................................................................................................. 23

6.05 Property Insurance ............................................................................................................... 23

6.06 Waiver of Rights ................................................................................................................... 25

6.07 Receipt and Application of Property Insurance Proceeds ................................................... 25

Article 7 – Contractor’s Responsibilities ....................................................................................... 26

7.01 Supervision and Superintendence ....................................................................................... 26

7.02 Labor; Working Hours .......................................................................................................... 26

7.03 Services, Materials, and Equipment ..................................................................................... 26

7.04 “Or Equals” ........................................................................................................................... 27

7.05 Substitutes ........................................................................................................................... 28

7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 29

7.07 Patent Fees and Royalties .................................................................................................... 31

7.08 Permits ................................................................................................................................. 31

7.09 Taxes .................................................................................................................................... 32

7.10 Laws and Regulations ........................................................................................................... 32

7.11 Record Documents ............................................................................................................... 32

7.12 Safety and Protection ........................................................................................................... 32

7.13 Safety Representative .......................................................................................................... 33

7.14 Hazard Communication Programs ....................................................................................... 33

7.15 Emergencies ......................................................................................................................... 34

7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 34

7.17 Contractor’s General Warranty and Guarantee................................................................... 36

7.18 Indemnification .................................................................................................................... 37

7.19 Delegation of Professional Design Services ......................................................................... 37

Article 8 – Other Work at the Site ................................................................................................ 38

8.01 Other Work .......................................................................................................................... 38

8.02 Coordination ........................................................................................................................ 39

8.03 Legal Relationships ............................................................................................................... 39

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Article 9 – Owner’s Responsibilities .............................................................................................. 40

9.01 Communications to Contractor ............................................................................................ 40

9.02 Replacement of Engineer ..................................................................................................... 40

9.03 Furnish Data ......................................................................................................................... 40

9.04 Pay When Due ...................................................................................................................... 40

9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 40

9.06 Insurance .............................................................................................................................. 40

9.07 Change Orders ...................................................................................................................... 40

9.08 Inspections, Tests, and Approvals ........................................................................................ 41

9.09 Limitations on Owner’s Responsibilities .............................................................................. 41

9.10 Undisclosed Hazardous Environmental Condition ............................................................... 41

9.11 Evidence of Financial Arrangements .................................................................................... 41

9.12 Safety Programs ................................................................................................................... 41

Article 10 – Engineer’s Status During Construction ...................................................................... 41

10.01 Owner’s Representative ....................................................................................................... 41

10.02 Visits to Site .......................................................................................................................... 41

10.03 Project Representative ......................................................................................................... 42

10.04 Rejecting Defective Work ..................................................................................................... 42

10.05 Shop Drawings, Change Orders and Payments .................................................................... 42

10.06 Determinations for Unit Price Work .................................................................................... 42

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 42

10.08 Limitations on Engineer’s Authority and Responsibilities .................................................... 42

10.09 Compliance with Safety Program ......................................................................................... 43

Article 11 – Amending the Contract Documents; Changes in the Work ...................................... 43

11.01 Amending and Supplementing Contract Documents .......................................................... 43

11.02 Owner-Authorized Changes in the Work ............................................................................. 44

11.03 Unauthorized Changes in the Work ..................................................................................... 44

11.04 Change of Contract Price ..................................................................................................... 44

11.05 Change of Contract Times .................................................................................................... 45

11.06 Change Proposals ................................................................................................................. 45

11.07 Execution of Change Orders ................................................................................................. 46

11.08 Notification to Surety ........................................................................................................... 47

Article 12 – Claims ......................................................................................................................... 47

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12.01 Claims ................................................................................................................................... 47

Article 13 – Cost of the Work; Allowances; Unit Price Work ........................................................ 48

13.01 Cost of the Work .................................................................................................................. 48

13.02 Allowances ........................................................................................................................... 50

13.03 Unit Price Work .................................................................................................................... 51

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....... 52

14.01 Access to Work ..................................................................................................................... 52

14.02 Tests, Inspections, and Approvals ........................................................................................ 52

14.03 Defective Work..................................................................................................................... 53

14.04 Acceptance of Defective Work ............................................................................................. 53

14.05 Uncovering Work ................................................................................................................. 53

14.06 Owner May Stop the Work .................................................................................................. 54

14.07 Owner May Correct Defective Work .................................................................................... 54

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .......................... 55

15.01 Progress Payments ............................................................................................................... 55

15.02 Contractor’s Warranty of Title ............................................................................................. 58

15.03 Substantial Completion ........................................................................................................ 58

15.04 Partial Use or Occupancy ..................................................................................................... 59

15.05 Final Inspection .................................................................................................................... 59

15.06 Final Payment ....................................................................................................................... 59

15.07 Waiver of Claims .................................................................................................................. 61

15.08 Correction Period ................................................................................................................. 61

Article 16 – Suspension of Work and Termination ....................................................................... 62

16.01 Owner May Suspend Work .................................................................................................. 62

16.02 Owner May Terminate for Cause ......................................................................................... 62

16.03 Owner May Terminate For Convenience ............................................................................. 63

16.04 Contractor May Stop Work or Terminate ............................................................................ 63

Article 17 – Final Resolution of Disputes ...................................................................................... 64

17.01 Methods and Procedures ..................................................................................................... 64

Article 18 – Miscellaneous ............................................................................................................ 64

18.01 Giving Notice ........................................................................................................................ 64

18.02 Computation of Times .......................................................................................................... 64

18.03 Cumulative Remedies .......................................................................................................... 64

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18.04 Limitation of Damages ......................................................................................................... 65

18.05 No Waiver ............................................................................................................................ 65

18.06 Survival of Obligations ......................................................................................................... 65

18.07 Controlling Law .................................................................................................................... 65

18.08 Headings ............................................................................................................................... 65

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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer

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has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—The individual or entity named as such in the Agreement.

21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

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24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

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37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

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48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

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3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

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3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or

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computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict,

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error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

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3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

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2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

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G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part

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by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site;

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

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5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or

2. is of such a nature as to require a change in the Drawings or Specifications; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

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c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or

b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice as required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

5.05 Underground Facilities

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after

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becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and

d. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

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5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

2. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

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F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.

H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

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ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.

C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is

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maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16.

H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests.

J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

6.03 Contractor’s Insurance

A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable).

3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

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4. Foreign voluntary worker compensation (if applicable).

B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:

1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result

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of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.

I. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

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6.04 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

6.05 Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.”

2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.

3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

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5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co-insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start-up.

13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

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6.06 Waiver of Rights

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them.

D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the

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policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and

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guarantees required 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 source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.04 “Or Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) it has a proven record of performance and availability of responsive service; and

4) it is not objectionable to Owner.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

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D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

7.05 Substitutes

A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design,

2) be similar in substance to that specified, and

3) be suited to the same use as that specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from that specified, and

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2) available engineering, sales, maintenance, repair, and replacement services.

d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

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E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer.

N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

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O. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

7.08 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work

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7.09 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

7.10 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.11 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.

7.12 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

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2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or

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exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.16 Shop Drawings, Samples, and Other Submittals

A. Shop Drawing and Sample Submittal Requirements:

1. Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to

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provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

2. Samples:

a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

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8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal;

6. the issuance of a notice of acceptability by Engineer;

7. any inspection, test, or approval by others; or

8. any correction of defective Work by Owner.

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D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

7.19 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.

B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop

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Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.

D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

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8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. an itemization of the specific matters to be covered by such authority and responsibility; and

3. the extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

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D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

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9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during

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or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work

A. Engineer has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments

A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.

B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Engineer’s authority as to Change Orders is set forth in Article 11.

D. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

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B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an

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adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on

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the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under

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the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

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B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim

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submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable

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thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes

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other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

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B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

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ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to

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cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

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B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will

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include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

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a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

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e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount

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remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

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E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of

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inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation,

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including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

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E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses,

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and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for

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expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and

2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 65 of 65

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

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SECTION 00 73 00

SUPPLEMENTARY CONDITIONS

A. These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect.

B. The terms used in these Supplementary Conditions have the meanings stated in the

General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

C. The address system used in these Supplementary Conditions is the same as the address

system used in the General Conditions, with the prefix "SC" added thereto. D. Table of Contents

SC-1.01.A Defined Terms .............................................................................................. 2 SC-1.01.A.8 Change Order ............................................................................................ 2 SC-1.01.A.18 Drawings ................................................................................................. 2 SC-1.01.A.48 Work Change Directive ............................................................................ 2 SC-1.01.A.49 Request for Information ........................................................................... 3 SC-2.01 Delivery of Bonds and Evidence of Insurance .................................................. 3 SC-2.03 Before Starting Construction ............................................................................ 3 SC-2.03, 2.04, 2.05 Schedules and Conferences .......................................................... 3 SC-2.05 Initial Acceptance of Schedules ....................................................................... 3 SC-2.06 Electronic Transmittals ..................................................................................... 3 SC–3.03 Reporting Discrepancies ................................................................................. 4 SC-3.04 Requirements of the Contract Documents ....................................................... 4 SC-4.01 Commencement of Contract Times; Notice to Proceed .................................... 4 SC-4.03 Reference Points ............................................................................................. 4 SC-5.03 Subsurface and Physical Conditions ................................................................ 5 SC-5.05 Underground Facilities ..................................................................................... 5 SC-5.06 Hazardous Environmental Conditions .............................................................. 6 SC-6.01 Performance and Payment Bonds ................................................................... 6 SC-6.03 CONTRACTOR’s Insurance ............................................................................ 6 SC-6.05.A Property Insurance ....................................................................................... 8 SC-7.02.B Labor; Working Hours .................................................................................... 8 SC-7.03.B Materials and Equipment Warranty ................................................................ 9 SC-7.08 Permits ............................................................................................................. 9 SC-7.09 Taxes ................................................................................................................ 9 SC-7.10 Laws and Regulations..................................................................................... 10 SC-7.11 Record Documents ......................................................................................... 10 SC-7.13 Competent Person .......................................................................................... 10 SC-7.16 Shop Drawings ............................................................................................... 11 SC-7.17 Contractor’s General Warranty and Guarantee ............................................... 11 SC-7.18 Indemnification................................................................................................ 11 SC-7.19 Delegation of Professional Design Services .................................................... 12 SC-9 OWNER’s Responsibilities ................................................................................... 12 SC-10 ENGINEER’s Status During Construction .......................................................... 12 SC-11.01 Amending the Contract Documents; Changes in the Work ........................... 14

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SC-11.02 Owner-Authorized Changes in the Work ....................................................... 15 SC-11.04 Change of Contract Price ............................................................................. 15 SC-11.06.B Change Proposals .................................................................................... 15 SC-11.07 Execution of Change Orders ........................................................................ 15 SC-11.08 Notification to Surety ..................................................................................... 15 SC-12.01.A Claims Process ........................................................................................ 16 SC-13.03 Unit Price Work ............................................................................................. 16 SC-14.02.A Tests and Inspections ................................................................................ 16 SC-15.01 Progress Payments ...................................................................................... 17 SC-15.01.B Applications for Progress Payment ............................................................ 17 SC-15.02 CONTRACTOR’s Warranty of Title ............................................................... 18 SC-15.08.A Correction Period ...................................................................................... 18 SC-16.02 OWNER May Terminate for Cause ............................................................... 18 SC-16.03 OWNER May Terminate for Convenience ..................................................... 18

SC-1.01.A Defined Terms Insert in the first sentence after the phrase “printed with initial capital letters” the following phrase: “or with all capital letters” SC-1.01.A.8 Change Order Insert a comma and the word “ENGINEER” immediately after the word “CONTRACTOR” in this definition. SC-1.01.A.18 Drawings The following Drawings are part of the Contract Documents: Drawings titled “Evergreen/Ridgeview/Mary Lou Sanitary Sewer Project, Contract 1-2019, Boone County Fiscal Court,” Sheets No. 1 through No. 21, prepared by Strand Associates, Inc.® and Drawings prepared by Sanitation District No. 1 of Northern Kentucky and Environment One incorporated herein by reference. Electronic files were provided for the convenience of CONTRACTOR. The data on which CONTRACTOR may rely is limited to the paper copy. SC-1.01.A.48 Work Change Directive Amend the phrase “signed by OWNER” in the first sentence of Paragraph 1.01.A.48 to read as follows: “signed by OWNER and CONTRACTOR.” Add the following language to the end of Paragraph 1.01.A.48: A Work Change Directive cannot change Contract Price or Contract Times without a subsequent Change Order.

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SC-1.01.A.49 Request for Information Add the following new paragraph immediately after Paragraph 1.01.A.48:

49. Request for Information: Written request submitted by CONTRACTOR to ENGINEER on a form supplied by

ENGINEER requesting clarification, interpretation, or additional information pertaining to Contract Documents.

SC-2.01 Delivery of Bonds and Evidence of Insurance Delete Paragraphs 2.01 B. and C. in their entirety and insert the following in their place:

B. Evidence of CONTRACTOR’s Insurance: When CONTRACTOR delivers the executed counterparts of the Agreement to OWNER, CONTRACTOR shall also deliver to OWNER copies of the policies of insurance (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in Article 6. CONTRACTOR may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.03 Before Starting Construction Add the following subparagraph to Paragraph 2.03:

4. a proposed listing of subcontractors and major material and equipment suppliers. The list shall include any proposed substitutions in accordance with Paragraph 7.05.

SC-2.03, 2.04, 2.05 Schedules and Conferences Add the following language to the end of Paragraph 2.05.A.3: The Bid will be considered the Schedule of Values of the Work required by the General Conditions. SC-2.05 Initial Acceptance of Schedules Add the following language to the end of Paragraph 2.05.A.2: The schedule for shop drawings shall show all submittals complete before 50% of completion of the Work and the schedule for maintenance manuals shall show all submittals complete before 75% of completion of the Work. Add the following new paragraph immediately after Paragraph 2.05.A:

B. The times included in this paragraph apply to the preliminary schedules. See Division 01 for other submittal and time requirements for the construction progress schedule and submittal schedule. SC-2.06 Electronic Transmittals Delete Paragraph 2.06.B.

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SC–3.03 Reporting Discrepancies Add the following language at the end of Paragraph 3.03.A:

4. CONTRACTOR shall report apparent discrepancies to ENGINEER using a Request for Information form on a form supplied by Engineer. The Request for Information form shall:

a. be submitted by CONTRACTOR only; b. be legible and complete; c. not be used for the purposes of only confirming or verifying issues; and, d. be prioritized by CONTRACTOR in the event that multiple Requests for

Information are outstanding. Requests for Information that are not in conformance with the requirements above shall be returned to CONTRACTOR without response.

5. CONTRACTOR shall not be relieved of its responsibility to coordinate the Work to prevent adverse impacts to CONTRACTOR’s Project Schedule while submitting Requests for Information.

6. If CONTRACTOR believes the Scope of Work included in the Request for

Information has a cost and/or time impact, CONTRACTOR should submit a claim in accordance with Article 12 of these General Conditions.

7. If CONTRACTOR proceeds with work when CONTRACTOR had actual

knowledge or should have known that a conflict, error, ambiguity, or discrepancy existed as indicated above, correction of work constructed without such notification to ENGINEER shall be at CONTRACTOR’s expense, (except in an emergency as authorized by Paragraph 7.15.A).

SC-3.04 Requirements of the Contract Documents Delete Paragraph 3.04.C in its entirety. SC-4.01 Commencement of Contract Times; Notice to Proceed In the last sentence of Paragraph 2.03.A, change “sixtieth day” to “eighty-fifth day.” SC-4.03 Reference Points Add the following new paragraph immediately after Paragraph 4.03.A:

B. CONTRACTOR is referred to the General Requirements for additional requirements for laying out the work.

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SC-5.03 Subsurface and Physical Conditions Add the following new paragraph(s) immediately after Paragraph 5.03.B:

C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to OWNER:

1. Report dated September 14, 2018, prepared by Geotechnology, Inc., of Erlanger,

Kentucky, titled: Geotechnical Exploration Evergreen/Ridgeview Drives Sanitary Sewer Project Boone County, Kentucky, for Strand Associates, Inc.®, consisting of 79 pages.

The technical data in the report(s) identified in Paragraph SC-5.03, upon which CONTRACTOR may rely, consists of boring methods, level of subsurface water, boring logs, laboratory test methods and results, and boring locations all as of the date made. ENGINEER accepts no responsibility for accuracy of the soil data or water level information. Soil information, included with these Contract Documents, was not obtained for the purposes of designing excavations and trenches. Soil information was used by ENGINEER for design purposes only. CONTRACTOR shall assure itself by personal examination as to subsurface conditions and shall provide its own investigations and make its own assumptions to comply with OSHA and any other applicable laws and regulations regarding excavation and trenching requirements.

D. CONTRACTOR may rely upon the accuracy of the Technical Data contained in such reports and drawings, to the extent noted above, but such reports and drawings are not Contract Documents. Except for such reliance on Technical Data, CONTRACTOR may not rely upon or make any claim against OWNER or ENGINEER, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for CONTRACTOR’s purposes,

including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or

shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any Technical Data

or any such other data, interpretations, opinions, or information. E. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or

drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to OWNER. CONTRACTOR shall conduct its own personal investigation to determine conditions at the site which may affect the Work, including compliance with OSHA excavation and trenching requirements. SC-5.05 Underground Facilities Add the following paragraph immediately after Paragraph 5.05.E:

F. CONTRACTOR is referred to the General Requirements for requirements for keeping records of Underground Facilities and allowing facility owners to inspect.

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SC-5.06 Hazardous Environmental Conditions Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to OWNER.

B. Not Used.

SC-6.01 Performance and Payment Bonds Add the following new paragraphs immediately after Paragraph 6.01.F:

G. The forms of the performance and payment Bonds attached hereto shall be used for the Contract. Note instructions thereon as to the form applicable. Each form contemplates one corporate surety only. In case co-sureties or individual sureties will be furnished, proper forms therefore shall be obtained. Besides the stipulations of Paragraphs 6.01 through 6.03, the surety on the Bonds shall provide a certificate indicating surety is licensed to underwrite contracts in the jurisdiction of the project location which shall be attached to the Bonds. SC-6.03 CONTRACTOR’s Insurance Add the following to the end of Paragraph 6.03.C.7: All additional insureds shall be endorsed on the policy as required in Paragraph 6.03.C.7. Endorsements shall not exclude supervisory or inspection services. Delete Paragraph 6.03.C.8 in its entirety and add the following new paragraphs immediately after Paragraph 6.03.C.7:

8. Insurance certificates for commercial general, automobile, and umbrella shall specifically indicate by name the additional insureds which are to include OWNER and ENGINEER as well as other persons or entities so identified. Certificates shall be Acord 25-S or equivalent.

9. Endorsements or General Liability policy shall not exclude supervisory or

inspection services. Add the following new language to the end of Paragraph 6.03.D: CONTRACTOR shall also provide an Additional Insured Endorsement for the automobile policy. Endorsement form shall be CA 20 48, or equal. Change in Paragraph 6.03.I.3 the phrase “materially changed” to read “materially changed with respect to coverage on the project.” Add the following new paragraph immediately after Paragraph 6.03.I.5:

6. Waiver of Subrogation: CONTRACTOR’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall provide a waiver of subrogation covering OWNER and ENGINEER, and any individuals or entities identified in the Supplementary Conditions. CONTRACTOR shall obtain all necessary endorsements to support these requirements.

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Delete Paragraph 6.03.J in its entirety and insert the following new paragraph in its place:

J. The stated limits of Paragraphs 6.03.K.1, 6.03.K.2, and 6.03.K.3 can be obtained through individual policies or in conjunction with an umbrella policy (pay on behalf form) to arrive at the total limits requested. Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and

A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman’s): Statutory Employer’s Liability: Bodily injury, each accident $ 1,000,000 Bodily injury by disease, each employee $ 1,000,000 Bodily injury/disease aggregate $ 1,000,000 Foreign voluntary worker compensation Statutory

2. CONTRACTOR’s Commercial General Liability under Paragraphs 6.03.B and

6.03.C of the General Conditions: General Aggregate $ 2,000,000 Products–Completed Operations Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

General Aggregate Limits specified above shall apply separately to this project by attachment of: “Amendment of Limits of Insurance–Designated Location(s) General Aggregate Limit Endorsement (ISO Form No. CG 25040509) or “Designated Construction Project(s) General Aggregate Limit” Endorsement (ISO Form CG 25030509) or equivalent endorsement coverage.

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Combined Single Limit of $ 1,000,000

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4. Excess or Umbrella Liability: Per Occurrence $ 1,000,000 General Aggregate $ 1,000,000

5. CONTRACTOR’s Pollution Liability:

Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000

If box is checked, CONTRACTOR is not required to provide

CONTRACTOR’s Pollution Liability insurance under this Contract

CONTRACTOR’s Pollution Liability coverage shall include coverage for fungus, mold, and bacteria.

6. General Liability, Automobile Liability, and Umbrella Liability shall include coverage for mental anguish, punitive damages, and electronic data liability.

7. Additional Insureds: In addition to OWNER and ENGINEER, include as additional

insureds the following: Sanitation District No. 1 of Northern Kentucky and Strand Associates, Inc®.

SC-6.05.A Property Insurance Delete from the first sentence of Paragraph 6.05.A.2, the phrase “All-risk” policy form and insert the following in its place: “Cause of Loss-Special Form” Delete from the first sentence of Paragraph 6.05.A.2, the phrase “(other than caused by flood)” and insert the following in its place: “(including that caused by flood and hydrostatic pressure)” Delete Paragraph 6.05.A.10 and insert the following in its place:

10. Not used.

Delete Paragraph 6.05.A.12 and insert the following in its place:

12. Not used. Add the following to the list of items in Paragraph 6.05.A, as numbered items: SC-7.02.B Labor; Working Hours Add the following new subparagraphs immediately after Paragraph 7.02.B:

1. Regular working hours will be 7 A.M. to 5 P.M., Local Time.

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Amend the first and second sentences of Paragraph 7.02.B to state “…all Work at the Site shall be performed during regular working hours, 7 A.M. through 5 P.M. Contractor will not perform Work on a weekend or any legal holiday.” Add the following new paragraph immediately after Paragraph 7.02.B:

C. See the General Requirements for special requirements concerning {schedule sequencing, etc.}. SC-7.03.B Materials and Equipment Warranty Add the following to the end of Paragraph 7.03.B: Suppliers shall be deemed to impliedly warrant that their products and all component materials incorporated into them are suitable and fit for the intended use of such products and shall be free from defect in material, workmanship or design, such warranty to run to the benefit of OWNER and ENGINEER. The foregoing applies whether the products or their component materials are specified in the Contract Documents or are of Supplier’s design. SC-7.08 Permits Delete last sentence of Paragraph 7.08.A and add the following in its place: See General Requirements and technical specification sections for utility charge provisions. Add Paragraph 7.08.B as follows:

B. See General Requirements for additional permit information. SC-7.09 Taxes Add a new paragraph immediately after Paragraph 6.10.A:

B. OWNER is exempt from payment of sales and compensating use taxes of the State of Kentucky and the County of Boone on all materials to be incorporated into the Work.

1. OWNER will furnish the required certificates of tax exemption to CONTRACTOR

for use in the purchase of supplies and materials to be incorporated into the Work. 2. OWNER’s exemption does not apply to construction tools, machinery, equipment,

or other property purchased by or leased by CONTRACTOR, or to supplies or materials not incorporated into the Work.

C. Fees and Licenses–CONTRACTOR shall comply with Boone County ordinances relating

to Occupational License Fees, Business Licenses, payroll, and net profits, taxes and any other ordinances which may apply to the Work.

D. CONTRACTOR shall have a Boone County Occupational License prior contract can be awarded.

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SC-7.10 Laws and Regulations Add the following new paragraph immediately after Paragraph 7.10.C:

D. CONTRACTOR shall comply with the following, including all reporting or notification requirements.

1. Kickback Statutes–CONTRACTOR shall comply with the requirements of KRS 45A.455 with respect to gratuities and kickbacks among other matters.

2. Campaign Finance Disclosure–CONTRACTOR shall comply with requirements of

KRS 45A.395 with respect to campaign finance laws.

3. Labor Law Disclosures–CONTRACTOR shall comply with requirements of KRS 45A.343 with respect to labor law disclosure.

4. Payment Bond for Wages Due–CONTRACTOR, whether a corporation,

partnership, or individual, who have not been doing business in the State of Kentucky for 5 consecutive years, shall comply with KRS 337.200 which requires a Performance Bond to assure payment of wages.

5. EEO Requirements–OWNER is an equal opportunity employer and does not

discriminate on the basis of race, color, religion, sex, national origin, age, marital status, physical or mental disability, or any other characteristic protected by law. OWNER is also committed to employing only United States citizens and aliens who are authorized to work in the United States and who comply with the Immigration Reform and Control Act of 1986. CONTRACTOR shall demonstrate to OWNER that CONTRACTOR also conforms to all Federal, state, and local equal opportunity statutes. Further, CONTRACTOR shall reimburse OWNER for any damages incurred due to any violations of the above-mentioned statutes by CONTRACTOR while under Contract to OWNER.

SC-7.11 Record Documents In Paragraph 7.11.A delete last sentence and insert the following: Upon completion of the Work, these record documents, samples, and shop drawings shall be delivered by CONTRACTOR to OWNER. SC-7.13 Competent Person Add the following new paragraph immediately after Paragraph 7.13.A:

B. CONTRACTOR shall keep at the Site at all times during the progress of the Work a competent person to comply with OSHA trenching and excavation requirements. The competent person shall be one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

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SC-7.16 Shop Drawings Add the following new paragraphs immediately after Paragraph 7.16.E:

F. CONTRACTOR shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record ENGINEER’s time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse OWNER for ENGINEER’s charges for such time.

G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse OWNER for ENGINEER’s charges for its review time unless the need for such change is beyond the control of CONTRACTOR. SC-7.17 Contractor’s General Warranty and Guarantee Add the following new paragraph immediately after Paragraph 7.17.D:

E. At a minimum, CONTRACTOR’s general warranty shall extend throughout the correction period as defined in Paragraph 15.08. SC-7.18 Indemnification Add the following to the end of Paragraph 7.18.A:

In addition, CONTRACTOR shall indemnify, hold harmless, and pay for the defense of OWNER and ENGINEER from and against claims, losses, or damages in regard to any act or failure to act by OWNER or ENGINEER in connection with general supervision, inspection and/or coordination of CONTRACTOR's operations. CONTRACTOR shall, at its own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against any individual or entity indemnified hereunder in any such action, CONTRACTOR shall, at its own expense, satisfy and discharge same. CONTRACTOR expressly understands and agrees that any Letter of Credit or insurance protection required by the Contract, or otherwise provided by CONTRACTOR, shall in no way limit the responsibility to indemnify, keep and, save harmless, and defend any individual or entity indemnified hereunder as herein provided. Delete Paragraph 7.18.C.1 and 7.18.C.2. Insert new Paragraphs 7.18.C.1 and D:

1. the preparation of Drawings, Specifications, or Property Surveys.

D. For any matter for which OWNER and ENGINEER are indemnified under Paragraph 7.18.A, CONTRACTOR shall pay for OWNER’s and ENGINEER’s reasonable defense, including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs or awards until Owner or Engineer are found negligent. If OWNER or ENGINEER are found negligent, OWNER or ENGINEER shall reimburse CONTRACTOR for the prorata extent of OWNER’s or ENGINEER’s negligence for the cost of OWNER’s or ENGINEER’s reasonable defense.

E. In Paragraphs 7.18.A through D as may be amended by the Supplementary Conditions, ENGINEER shall also include Strand Associates, Inc.®.

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SC-7.19 Delegation of Professional Design Services Add the following new paragraphs immediately after Paragraph 7.19.E:

F. The design professional providing the design calculations and design drawings shall be licensed in the State of the Project.

G. The design calculation and design drawings are not shop drawings, but shall be submitted

to ENGINEER separately along with the required shop drawings for the system, material, or equipment specified. These calculations will be forwarded to OWNER for their records. SC-9 OWNER’s Responsibilities Add the following new paragraph immediately after Paragraph 9.12: SC-9.13 OWNER’s Site Representative

A. OWNER will assume all duties and responsibilities of ENGINEER as defined in Article 10. SC-10 ENGINEER’s Status During Construction Add the following new paragraph immediately after Paragraph 10.03.A:

B. Strand Associates, Inc.® provided design services for the Project. Strand Associates, Inc.® shall be provided with the same indemnifications as ENGINEER as provided for in Paragraph 7.18 as may be amended by the Supplementary Conditions and shall be listed as an additional insured as provided for ENGINEER under Article 6 as may be amended by the Supplementary Conditions.

C. OWNER will assume the duties and responsibilities of the resident project representative on the project.

D. The Resident Project Representative (RPR) will be ENGINEER's representative at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions.

1. General: RPR's dealings in matters pertaining to the Work in general shall be with

ENGINEER and CONTRACTOR. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER only with the knowledge of and under the direction of ENGINEER.

2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample

submittals, and Schedule of Values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.

3. Conferences and Meetings: Attend meetings with CONTRACTOR, such as

preconstruction conferences, and progress meetings.

4. Liaison:

a. Serve as ENGINEER’s liaison with CONTRACTOR. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist ENGINEER in serving as OWNER’s liaison with CONTRACTOR

when CONTRACTOR’s operations affect OWNER’s on-Site operations.

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c. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work.

5. Interpretation of Contract Documents: Report to ENGINEER when clarifications

and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER.

6. Modifications: Consider and evaluate CONTRACTOR’s suggestions for

modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER.

7. Review of Work and Rejection of Defective Work:

a. Conduct on-Site observations of CONTRACTOR’s work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to ENGINEER whenever RPR believes that any part of

CONTRACTOR’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

8. Tests and System Start-ups:

a. Observe that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate OWNER’s personnel, and that CONTRACTOR maintains adequate records thereof.

b. Observe, record, and report to ENGINEER appropriate details relative to

the test procedures and systems start-ups.

9. Records:

a. Prepare a daily report or keep a diary or log book, and send periodic reports to ENGINEER.

10. Reports:

a. Furnish to ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend to Engineer proposed Change Orders, Work Change

Directives, and Field Orders. Obtain backup material from CONTRACTOR. c. Immediately notify ENGINEER of the occurrence of any Site accidents,

emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition.

11. Payment Requests: Review applications for payment with CONTRACTOR for

compliance with the established procedure for their submission and forward with

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recommendations to ENGINEER, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

12. Certificates, Operation and Maintenance Manuals: During the course of the Work,

review materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to Owner prior to payment for that part of the Work.

13. Completion:

a. Participate in ENGINEER’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected.

b. Participate in ENGINEER’s final visit to the Site to determine completion of

the Work, in the company of OWNER and CONTRACTOR, and prepare a final punch list of items to be completed and deficiencies to be remedied.

c. Observe whether all items on the final list have been completed or

corrected and make recommendations to ENGINEER concerning acceptance and issuance of the notice of acceptability of the work.

D. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of ENGINEER’s authority as set forth in the Contract

Documents. 3. Undertake any of the responsibilities of CONTRACTOR, Subcontractors, or

Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the

means, methods, techniques, sequences or procedures of CONTRACTOR’s work. 5. Advise on, issue directions regarding, or assume control over security or safety

practices, precautions, and programs in connection with the activities or operations of OWNER or CONTRACTOR.

6. Participate in specialized field or laboratory tests or inspections conducted off-site

by others except as specifically authorized by ENGINEER. 7. Accept Shop Drawing or Sample submittals from anyone other than

CONTRACTOR. 8. Authorize OWNER to occupy the Project in whole or in part.

SC-11.01 Amending the Contract Documents; Changes in the Work Delete Paragraph 11.01.A.1.b in its entirety.

Section 00 73 00-15

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SC-11.02 Owner-Authorized Changes in the Work Amend the second sentence in Paragraph 11.02.A to read as follows: Such changes shall be supported by ENGINEER’s recommendation. SC-11.04 Change of Contract Price Amend the phrase at the end of paragraph 11.04.B.2 to read:

(which may include an allowance for overhead and profit in accordance with paragraph 11.04.C.2. unless OWNER and CONTRACTOR agree that these allowances are not appropriate for the Work involved.)

SC-11.06.B Change Proposals Delete Paragraph 11.06.B in its entirety. SC-11.07 Execution of Change Orders Delete Paragraphs 11.07.A and 11.07.B in their entirety and insert the following in their place:

A. OWNER and CONTRACTOR shall execute appropriate Change Orders, recommended by ENGINEER, covering:

1. Changes in the Work which are: (a) ordered by OWNER pursuant to Paragraph 11.02, (b) required because of acceptance of defective Work under Paragraph 14.04 or OWNER’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties;

2. Changes in the Contract Price or Contract Times which are agreed to by the

parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and

3. Changes in the Contract Price or Contract Times which embody the substance of

any written decision rendered by ENGINEER pursuant to Paragraph 12.01; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 4.04.B.

SC-11.08 Notification to Surety Add the following new paragraphs immediately after Paragraph 11.08.A:

B. CONTRACTOR shall be responsible for notifying the surety of any assignment, modification, or change of the Contract, change in the Work covered thereby, or extension of time for the completion of the project.

C. Failure to provide notice to the surety of any such change shall not exonerate the surety

from its obligations under the bond.

Section 00 73 00-16

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SC-12.01.A Claims Process Insert the following immediately after “Claims Process” in Paragraph 12.01.A: All Claims, except those waived pursuant to Paragraph 15.07, shall be referred to ENGINEER for decision. A decision by ENGINEER shall be required as a condition precedent to any exercise by OWNER or CONTRACTOR of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. Delete Paragraph 12.01.A.3 in its entirety. SC-13.03 Unit Price Work Delete Paragraph 13.03.E in its entirety and insert the following in its place:

E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. If the Bid price of a particular item of Unit Price Work amounts to 15% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and

2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If CONTRACTOR believes that it has incurred additional expense as a result

thereof; or 4. If OWNER believes that the quantity variation entitles it to an adjustment in the unit

price, either OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract

Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

SC-14.02.A Tests and Inspections Add the following to the beginning of Paragraph 14.02.A: All Work is subject to testing to indicate compliance with Contract Document requirements. Duplicate copies of test results of all tests required shall be submitted to ENGINEER. Tests and inspection of work may be conducted by OWNER or an independent laboratory employed by OWNER. Tests may also be performed in the field by Engineer as a basis for acceptance of the Work. Add the following to the end of Paragraph 14.02.A: Samples required for testing shall be furnished by CONTRACTOR at no cost to OWNER. In the event that completed Work does not conform to specification requirements during the initial test, the Work shall be corrected and retested for conformance. The entire cost of retesting completed Work shall be borne by CONTRACTOR. This shall include the extra cost for inspection to OWNER which will be deducted from the final amount due CONTRACTOR.

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SC-15.01 Progress Payments Add the following language at the end of Paragraph 15.01.B.1: An updated Progress Schedule shall be submitted with each Application for Payment. Applications for Payment submitted without an acceptable updated Progress Schedule will be returned to CONTRACTOR without review. Progress Schedules that are submitted which do not reflect current project conditions, will not be considered acceptable. SC-15.01.B Applications for Progress Payment Add the following language at the end of Paragraph 15.01.B.3:

No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage, or invest the retainage for the benefit of CONTRACTOR. Add the following paragraph after Paragraph 15.01.B.3:

4. CONTRACTOR shall submit with each pay request CONTRACTOR’s partial waiver of lien for the full amount of the requested payment. Beginning with the second pay request, and with each succeeding pay request, CONTRACTOR shall submit partial waivers of lien for each Subcontractor and Supplier showing that the amount paid to date to each is at least equivalent to the total value of Subcontractor’s or Supplier’s work, less retainage, included on the previous pay request. Contractor shall submit with each pay request a signed Waiver of Lien Log clearly documenting the following:

a. The names of all Subcontractors/Suppliers on the project.

b. Contract amounts for each Subcontractor/Supplier.

c. Amount paid to date to each Subcontractor/Supplier.

d. Lien waivers provided with current pay application for previous month’s

payments.

e. Amount to be paid to each Subcontractor/Supplier included in the pending pay request.

f. Remaining balance for each Subcontractor/Supplier.

5. CONTRACTOR shall submit one original and one copy on 8-1/2 by 11 paper of

each lien waiver submitted.

6. CONTRACTOR shall submit five copies of each pay request for approval.

7. No advanced payment for shop drawing preparation will be made. Shop drawing costs will be paid when equipment and materials are delivered and suitably stored on the site.

8. All stored equipment and materials for which payment is requested shall have two

copies of invoices included with the pay request. Equipment shall be identified thoroughly on the invoices, including serial numbers.

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9. Payment for the stored equipment and material which are on the site shall not exceed the invoiced amount for each item, less the Contract retainage. The overhead and profit for the stored items shall not be invoiced until the item is installed.

10. Payment for off-site storage is normally reserved for sensitive or very large pieces

of equipment that in ENGINEER's opinion would not be practical to have stored on the site. Payment for off-site stored items shall be limited to 75% of the invoiced value of the item, less Contract retainage. CONTRACTOR shall reimburse OWNER the cost of inspecting off-site stored items. When off-site storage is approved, CONTRACTOR shall provide Insurance Certificates and Document of Ownership to OWNER.

SC-15.02 CONTRACTOR’s Warranty of Title Amend Paragraph 15.02.A by striking out the following text: “no later than seven days after the time of payment by OWNER” and insert “no later than the time of payment by OWNER.” SC-15.08.A Correction Period Delete in Paragraph 15.08.A the phrase “If within one year after the date of Substantial Completion” and insert in its place the following: “If within one year of the date of final payment or from the date established by ENGINEER that the Work or portion thereof began operating or was used in a continuous, satisfactory manner for its intended purpose, whichever is earlier,” SC-16.02 OWNER May Terminate for Cause Add the following new paragraphs immediately after Paragraph 16.02.B.2:

3. complete the Work as OWNER may deem expedient at the expense of CONTRACTOR and surety;

4. apply the amounts retained from partial payments to the completion of the Work;

and 5. authorize the surety to complete the steps in Paragraphs 16.02.B.1 through 4.

SC-16.03 OWNER May Terminate for Convenience Add the following paragraph after Paragraph 16.03.B:

C. CONTRACTOR shall require similar provisions contained in Paragraph 16.03 in each of its subcontracts to protect CONTRACTOR from claims by Subcontractors arising from the OWNER’s termination for convenience, or to minimize claims by such subcontractors. The remedy provided to CONTRACTOR under this Paragraph 16.03 shall be CONTRACTOR’s sole remedy in the event of termination for convenience by OWNER.

END OF SECTION

S P E C I M E N

1,000,000

EACH OCCURRENCE $ 1,000,000GENERAL AGGREGATE $ 2,000,000

SEE SC-6.05

SPECIFICATIONS

Section 01 11 00-1

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SECTION 01 11 00

SUMMARY OF WORK PART 1–GENERAL 1.01 DIVISION ONE

A. The requirements of Division 01 apply to all sections of the Contract(s). 1.02 PROJECT SCOPE

A. CONTRACTOR shall provide all items, articles, materials, operations or methods mentioned or scheduled on the Drawings or herein specified: including all labor, supervision, equipment, incidentals, taxes, and permits necessary to complete the Work as described within the Contract Documents. CONTRACTOR shall install all items provided by OWNER as mentioned or scheduled on the Drawings or herein specified.

1.03 CONTRACT DOCUMENTS–INTENT AND USE

A. Intent of Documents: 1. Singular notations and specifications shall be considered plural where application is

reasonably inferred. 2. Mention or indication of extent of work under any division or Specification section is

done only for convenience of CONTRACTOR and shall not be construed as describing all work required under that division or section.

3. Some individual sections may contain a list of related sections. The list of related sections in individual sections is provided for the convenience of CONTRACTOR and is not necessarily all-inclusive. CONTRACTOR may not rely upon this listing for determination of scope of work. Other sections of the Specifications not referenced in individual sections shall apply as required for proper performance of the Work.

4. Command type sentences may be used in the Contract Documents. These sentences refer to and are directed to CONTRACTOR.

5. Symbols for various elements and systems are shown on the Drawings. Should there be any doubt regarding the meaning or intent of the symbols used, a written interpretation shall be obtained from ENGINEER.

B. Use of Documents:

1. CONTRACTOR shall examine all Specifications and Drawings for the Work, including those that may pertain to Work CONTRACTOR does not normally perform with its own forces.

2. CONTRACTOR shall use all of the Project Drawings and Specifications: a. For a complete understanding of the Project. b. To determine the type of construction and systems required. c. For coordination with other contractors. d. To determine what other work may be involved in various parts or phases. e. To anticipate and notify others when work by others will be required. f. And all other relevant matters related to the project.

3. CONTRACTOR is also bound by all requirements of the Contract Documents which are applicable to, pertain to, or affect its Work as may be shown or inferred by the entire set of Project Drawings and Specifications.

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1.04 CONTRACTOR USE OF SITE

A. General: 1. The “area of the site” referred to in these Specifications shall be as shown on the

Drawings. If the “area of the site” is not shown, OWNER's property lines, the Project right-of-way and/or any easements obtained for the Project shall be considered the “area of the site.”

2. Construction activities shall be confined within the “area of the site” limits. 3. From the start of work to completion CONTRACTOR is responsible for the care of the

site and the premises which are affected by operations of Work of this Contract. 4. Except for permanent site improvements provided under the Contract, CONTRACTOR

shall restore property disturbed during the Work, to the conditions which previously existed.

5. Work in occupied spaces shall be restricted to specified Work and essential activities, such as making necessary connections and extending services or constructing temporary access ways. Such work shall be scheduled in advance with OWNER.

B. Parking and Deliveries:

1. CONTRACTOR is responsible for control of traffic by vehicles and persons within the limits of its operations.

2. Parking for employees, subcontractors, and agents of CONTRACTOR shall be in areas subject to approval of OWNER.

3. Access to the site for delivery of construction material or equipment shall be subject to approval of OWNER.

1.05 EXISTING SERVICES, OVERHEAD UTILITIES, AND UNDERGROUND FACILITIES

INCLUDING STRUCTURES

A. Interruption of existing services and systems including heating, ventilating, air conditioning, water, sanitary, lighting and power, signal and security systems, and similar work shall be kept to an absolute minimum and shall be limited to times approved by OWNER.

B. If deemed necessary by OWNER, such work shall be accomplished after OWNER’s normal

office hours.

C. Cooperate with OWNER and utility companies in keeping respective services and Underground Facilities in operation and repair any damage.

D. CONTRACTOR shall not interrupt existing services and Underground Facilities occupied

and used by OWNER or others, except when permitted in writing by OWNER.

E. Any accidental interruption of services and Underground Facilities shall be repaired immediately, including provision of temporary facilities until permanent repairs can be made.

F. Prior to any excavation, demolition, or drilling on site, CONTRACTOR shall contact owners of the Underground Facilities in and near the construction area of the intent to excavate, demolish, or drill. As part of this notification requirement, CONTRACTOR shall contact the utility notification service Kentucky 811 (811 or 1-800-752-6007) at least two but not more than 10 business days in advance of any work. CONTRACTOR shall be aware that not all owners participate in Kentucky 811. A call to this agency shall not absolve CONTRACTOR of the requirements for contacting all owners of Underground Facilities in and near the construction area. CONTRACTOR shall give reasonable advance notice to Kentucky 811

Section 01 11 00-3

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and other owners–such notification shall not be less than the minimum advance notification required.

G. Locations and elevations of services and Underground Facilities as shown on the Drawings

are approximate. It shall be CONTRACTOR’s responsibility to determine their exact location when in their vicinity. To this end, CONTRACTOR shall proceed with caution in the excavation and preparation of the Site so the exact location of services and Underground Facilities can be determined. CONTRACTOR shall include in the Contract Price any costs for temporary or permanent relocations of such services and Underground Facilities required to complete the Work unless specifically indicated otherwise in the Specifications.

H. Where potential grade conflicts might occur with existing services and Underground

Facilities, CONTRACTOR shall uncover such services and Underground Facilities sufficiently in advance of construction so that elevations may be determined to allow any necessary adjustments to be made.

I. CONTRACTOR shall coordinate with overhead utility companies prior to the Work.

CONTRACTOR shall provide all necessary temporary and permanent support relocation or temporary and permanent restraint to maintain overhead utilities in service.

J. CONTRACTOR shall keep an accurate and complete record of all such services and

Underground Facilities encountered and shall provide OWNER a copy of this record. The record shall include a description of the item encountered, opinion as to conditions, and adequate measurements and depths so that the item can be located in the future.

K. CONTRACTOR shall inspect all services and Underground Facilities for condition and

soundness. Unsound conditions shall be reported to OWNER immediately after exposing. CONTRACTOR shall not proceed with the Work until the service or facility owner has been notified. Service or facility owner shall then be given time to inspect and correct, if required, the service or Underground Facility. CONTRACTOR may make claim under the provisions of Articles 11 and 12 of the General Conditions should CONTRACTOR feel a price or time adjustment is justified.

L. Any additional costs incurred because of failure of CONTRACTOR to report the condition of

any and all existing services and Underground Facility encountered shall be paid for by CONTRACTOR.

M. Whenever ENGINEER feels it is necessary to explore and excavate to determine the

location of existing services and Underground Facilities, CONTRACTOR shall make explorations and excavations for such purposes. If CONTRACTOR is required to perform additional Work in making the explorations and excavations, extra compensation will be allowed as provided for in the General Conditions.

1.06 PROTECTION OF WORK AND IMPROVEMENTS

A. CONTRACTOR shall protect the property of OWNER, existing improvements, and the Work installed by CONTRACTOR and others from abuse, damage, dust, debris, and other objectionable materials resulting from construction activities.

B. CONTRACTOR shall provide suitable covers, partitions, or other dust and fume containment

devices to suit construction operations.

Section 01 11 00-4

1984.011/1-2019

C. CONTRACTOR shall keep property, existing improvements, and the Work including structures, mains, fittings, and accessories free from dirt and foreign matter at all times.

D. CONTRACTOR shall provide temporary plugging of openings, holes, and pipe ends that are

existing or that CONTRACTOR has installed.

E. Property, improvements, and Work damaged by CONTRACTOR shall be repaired or replaced by CONTRACTOR to the satisfaction of OWNER.

1.07 AVAILABILITY OF LANDS

A. Easements were obtained for this Project. CONTRACTOR shall confine its operations, equipment and storage areas to the easements, lands and rights-of-way in which the Project is to be located. CONTRACTOR may enter into written agreements with property owners for use of other lands during construction. Copies of such agreements shall be provided to OWNER.

PART 2–PRODUCTS NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

01 11 10-1

SECTION 01 11 10

MEASUREMENT AND PAYMENT

PART 1 – GENERAL 1.1 DESCRIPTION

A. The items listed below in Article 1.4, refer to and are the same pay items listed in the Bid Form. It constitutes all of the items for the completion of the Work. No direct or separate payment will be made for providing miscellaneous temporary or accessory works, plant, services, CONTRACTOR’s field offices, layout surveys, job signs, sanitary requirements, testing, safety devices, approval and record drawings, water supplies, power, removal of waste, watchmen, bonds, insurance, and all other requirements of the General Conditions, Supplementary Conditions, and the General Requirements. Compensation for all such services, things and materials shall be included in the price stipulated for the unit bid price or lump sum.

B. Each lump sum and unit bid price will be deemed to include an amount

considered by CONTRACTOR to be adequate to cover CONTRACTOR’s overhead and profit for each separately identified item.

1.2 ENGINEER’S ESTIMATE OF QUANTITIES

A. ENGINEER’s and OWNER’s estimated quantities for unit price pay items, as listed in the Bid Form, are approximate only and are included solely for the purpose of comparison of Bids. OWNER does not expressly or by implication agree that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary. CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions caused by changes or alterations in the Work ordered by OWNER.

1.3 RELATED PROVISIONS

A. Payments to CONTRACTOR: Refer to General Conditions and Agreement.

B. Changes in Contract Price: General Conditions.

01 11 10-2

1.4 Unit Price

A. MOBILIZATION/CLOSE OUT (LESS THAN 4% OF TOTAL BID): Payment shall be made on a lump sum basis and shall include all labor, equipment, and materials to mobilize, remobilize as necessary for coordination with sanitary sewer construction, and closeout of the project, as noted on the plans and per Sanitation District No. 1 specifications. Project closeout includes all record drawings, testing documentation, and any other documents required by the Sanitation District No. 1 Specifications. THE COST LISTED FOR THIS ITEM SHALL NOT EXCEED 4% OF THE TOTAL PROJECT BID.

B. TEMPORARY EROSION AND SEDIMENT CONTROL: Payment shall

be on a lump sum basis and shall include all labor, equipment, and materials to provide and maintain all soil erosion and sedimentation control measures as required by Sanitation District No.1 Plans and Specifications. 50% of this item will be paid upon the installation of the sediment and erosion control measures, 25% will be paid after the substantial completion milestone, and 25% will be paid after final completion milestone.

C. FURNISH AND INSTALL 8-IN PVC-SDR 35 GRAVITY SANITARY

SEWER: Payment shall be per lineal foot of gravity sewer installed in any area where any type of bituminous or concrete demolition and/or restoration is required and shall include all labor, equipment, and materials for all trench excavation, backfill, compaction, testing, CCTV inspection, and bypass pumping necessary for the construction of the gravity sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation. 80% of this item will be paid upon the installation of the sewer and 20% will be paid after final restoration is completed.

D. FURNISH AND INSTALL 6-IN SEWER LATERAL: Payment shall be made per lineal foot of sanitary sewer lateral installed and shall include all labor, trench excavation, backfill, compaction, testing, and CCTV inspection for the construction of the gravity sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation. 80% of this item will be paid upon the installation of the sewer and 20% will be paid after final restoration is completed.

E. FURNISH AND INSTALL STANDARD 4-FT DIAMETER,

6-FT DEPTH SANITARY MANHOLE: Payment shall be made per each installed manhole and shall include all labor, equipment, and materials required for the excavation, setting structure, testing, connection of pipes, and backfilling of the structure including the base section, cone section,

01 11 10-3

frame, and water tight lid. Installation shall be completed per Sanitation District No.1 plans and specifications. No additional payment will be made for rock excavation.

F. FURNISH AND INSTALL STANDARD 4-FT DIAMETER, 6-FT DEPTH SANITARY DROP MANHOLE: Payment shall be made per each installed drop manhole and shall include all labor, equipment, and materials required for the excavation, setting structure, testing, connection of pipes, and backfilling of the structure including the base section, cone section, frame, and water tight lid. Installation shall be completed per Sanitation District No.1 plans and specifications. No additional payment will be made for rock excavation.

G. FURNISH AND INSTALL STANDARD 4-FT MANHOLE VERTICAL

EXTENSION: Payment shall be made per each vertical foot (to the nearest tenth of a foot) of 4’ diameter extension required beyond the standard 6’ deep manhole to bring the top of the manhole to the desired elevation as shown on the plans or as directed by SD1. Each foot of extension installed shall include all labor, equipment, and materials, testing, or any other incidental items required for excavation, setting of extension, testing, and backfilling of the extension. Installation shall be per Sanitation District No. 1 plans and specifications.

H. FURNISH & INSTALL 16-IN STEEL (MINIMUM) BORE AND JACK CASING: Payment shall be per lineal foot of steel casing pipe installed and shall include all labor, equipment, and materials for all trench excavation, sheeting, grout, backfill, and compaction, necessary for the construction of the installation of steel casing by bore and jack as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation. This item does not include the cost of sewer pipe installation.

I. CONNECT TO EXISTING SANITARY SEWER COLLECTION SYSTEM: Payment shall be made per each installed connection to the existing sanitary sewer and shall include all labor, equipment, and materials for all required clearing and grubbing, trench excavation, backfill, compaction, and testing, for the construction of the connection to the existing sanitary sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation.

J. ABANDON EXISTING METAL SEPTIC TANK: Payment shall be made for each abandonment of existing metal septic tank no longer required as shown on the drawings or specified. Payment shall be full compensation for all labor, equipment, and materials required for satisfactorily

01 11 10-4

abandoning the metal septic tank regardless of depth. Abandonment shall be completed as shown on the plans.

K. ABANDON EXISTING CONCRETE SEPTIC TANK: Payment shall be made for each abandonment of existing concrete septic tank no longer required as shown on the drawings or specified. Payment shall be full compensation for all labor, equipment, and materials required for satisfactorily abandoning the concrete septic tank regardless of depth. Abandonment shall be completed as shown on the plans.

L. FURNISH AND INSTALL RESIDENTIAL GRINDER PUMP

SYSTEM: Payment shall be made per each installed residential grinder pump and shall include all labor, equipment, and materials required for the excavation, setting structure, testing, connection of pipes, and backfilling of the structure. Installation shall be completed per plans and specifications. No additional payment will be made for rock excavation.

M. FURNISH AND INSTALL 1.25-IN GRINDER PUMP LATERALS: Payment shall be made per lineal foot of sanitary sewer grinder pump lateral installed and shall include all labor, trench excavation, backfill, compaction, and testing, for the construction of the gravity sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation.

N. FURNISH AND INSTALL COMMON FORCE MAIN FOR GRINDER PUMP SYSTEMS: Payment shall be made per lineal foot of sanitary force main installed and shall include all labor, trench excavation, backfill, compaction, and testing, for the construction of the gravity sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation.

O. CONNECT EXISTING HOME TO NEW SANITARY SEWER: Payment shall be made per each installed connection from existing home to the new sanitary sewer and shall include all labor, equipment, and materials for all required clearing and grubbing, trench excavation, backfill, compaction, and testing, for the construction of the connection to the new sanitary sewer as noted on the plans and per Sanitation District No. 1 specifications. No additional payment will be made for rock excavation.

P. EXPLORATORY EXCAVATION IN UNIMPROVED AREA: Payment shall be made per each excavation performed to determine subsurface conditions as approved by SD1. This item shall include an excavation up to 2 feet wide x 10 feet long x 8 feet deep. Payment is full compensation for excavation, backfill, and temporary restoration so that the trench is safely covered.

01 11 10-5

Q. EXPLORATORY EXCAVATION IN IMPROVED AREA: Payment shall be made per each excavation performed to determine subsurface conditions as approved by SD1. This item shall include an excavation up 2 feet wide x 10 feet long x 8 feet deep. Payment is full compensation for excavation, backfill, and temporary restoration so that the trench is safely covered.

R. TRENCH UNDERCUT: Payment shall be made per cubic yard and is full compensation for all labor, mate4rials, and equipment required for any trench undercut and placement of dense grade aggregate (DGA, KTC-203) as directed by Sanitation District No. 1. No additional payment will be made for rock excavation. This item does not include any other excavation paid for by any other Contract item. This item is set up as a contingency to the contract and may or may not be required as determined by Sanitation District No. 1.

S. PAVEMENT RESTORATION: Payment shall be made per linear foot and include all labor, equipment, and materials to install new bituminous pavement. This pay item shall include preparation of subgrade, seal edge of repair and be performed in accordance with Sanitation District No.1 plans and specifications.

T. YARD RESTORATION: Payment shall be on a linear foot basis and shall include all labor, equipment, and materials to restore all areas not designated for pavement. Work shall be performed in accordance with Sanitation District No. 1 plans and specifications.

U. ASPHALT DRIVEWAY RESTORATION: Payment shall be made per square foot and include all labor, equipment, and materials to restore asphalt driveway. This pay item shall include preparation of subgrade, seal edge of repair and be performed in accordance with Sanitation District No.1 plans and specifications.

V. CONCRETE DRIVEWAY RESTORATION: Payment shall be made per square yard and include all labor, equipment, and materials to restore concrete driveway. This pay item shall include preparation of subgrade, geo-fabric, and repair replacement of edge drains in accordance with Sanitation District No.1 plans and specifications.

W. SUBMITTAL OF SANITARY DISTRICT NO. 1 APPLICATION FOR SANITARY SEWER CONNECTION PERMIT AND CERTIFIED TAPPER APPLICATION AND PERMIT: Payment shall be on a per application basis upon approval of Sanitary District No. 1 application for sanitary sewer connection permit and certified tapper application and permit as required by Sanitation District No.1 Plans and Specifications.

01 11 10-6

X. ALLOWANCE FOR CAPACITY CONNECTION FEE TO SANITARY DISTRICT NO. 1: Payment shall be on a per connection fee basis to pay for Sanitary District No. 1 capacity connection fee as required by Sanitation District No.1 Plans and Specifications.

PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED)

++ END OF SECTION ++

Section 01 29 00-1

1984.011/1-2019

SECTION 01 29 00

CONTRACT CONSIDERATIONS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Cash allowances. 2. Measurement and Payment–Unit Prices.

1.02 CASH ALLOWANCES

A. See Paragraph 13.02 of the General Conditions for costs to be included in allowances.

B. Refer to sections of the specifications identified in the Bid Form for specific information on use of cash allowances.

C. The Bid shall include the amount equal to the specified quantity times the unit price.

1.03 MEASUREMENT AND PAYMENT–UNIT PRICES

A. Measurement methods are delineated in the individual Specification sections.

B. CONTRACTOR shall take measurements and compute quantities. ENGINEER will check measurements and quantities.

C. Incidental Items of Work: Any items of Work shown on the Drawings or called for in the

Specifications, but not included in the Bid Form, shall be considered incidental items of Work. The cost of incidental items of Work shall be included in the prices bid for adjacent Work.

PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Section 01 31 00-1

1984.011/1-2019

SECTION 01 31 00

COORDINATION, FIELD ENGINEERING, AND MEETINGS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Coordination. 2. Field engineering. 3. Progress meetings.

1.02 COORDINATION

A. CONTRACTOR shall coordinate scheduling, submittals, and work of the various sections of the work to provide an efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

B. CONTRACTOR shall verify utility requirements and characteristics of operating equipment

are compatible with building utilities and coordinate Work of various sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment.

C. CONTRACTOR shall coordinate space requirements and installation of mechanical and

electrical work which are indicated diagrammatically on the Drawings and shall follow routing shown for pipes, ducts, and conduit as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

D. In finished areas, except as otherwise indicated, CONTRACTOR shall conceal pipes, ducts,

and wiring within the construction and coordinate locations of fixtures and outlets with finish elements.

E. CONTRACTOR shall coordinate completion and cleanup of Work of separate sections in

preparation for substantial completion and for portions of Work designated for OWNER’s occupancy.

F. After OWNER occupancy of premises, CONTRACTOR shall coordinate access to Site for

correction of defective Work and Work not in accordance with Contract Documents to minimize disruption of OWNER’s activities.

1.03 FIELD ENGINEERING

A. CONTRACTOR shall locate and protect property stakes, legal survey monuments, benchmarks, and survey control and reference points. CONTRACTOR shall pay for replacement of disturbed property stakes and legal survey monuments by a Registered Land Surveyor acceptable to OWNER and for replacement of benchmarks and survey control and reference points provided by ENGINEER.

B. CONTRACTOR shall provide field engineering services as required to establish elevations,

lines, and levels utilizing recognized engineering survey practices.

Section 01 31 00-2

1984.011/1-2019

C. CONTRACTOR shall furnish all required plummets and graduated poles to check all Work.

D. If stakes and boards have to be reset because of negligence of CONTRACTOR, CONTRACTOR shall bear the cost of such work.

E. If laser beam is used, CONTRACTOR shall check its Work against intermediate grade

stakes provided between manholes. Prior to initial use of the laser, CONTRACTOR shall set up laser on ground surface and check line and gradient controls. Lasers not functioning properly shall be immediately removed.

F. If existing property stakes not within the limits of the trench are removed or damaged by

CONTRACTOR, CONTRACTOR shall bear the cost of replacement. Replacement shall be made by a legal survey performed by a licensed Land Surveyor hired by OWNER. Cost for survey shall be deducted from the Contract Price.

G. CONTRACTOR shall be responsible for all lines, elevations, and measurements of buildings,

structures, piping, utilities, and other work executed by CONTRACTOR under the Contract. CONTRACTOR must exercise proper precaution to verify figures before laying out the Work and will be held responsible for any error resulting from its failure to exercise such precaution.

H. See Specifications for additional requirements concerning layout of the Work.

1.04 PROGRESS MEETINGS

A. Progress meetings will be held throughout progress of the Work at intervals agreed to by OWNER, ENGINEER, and CONTRACTOR. Interval will generally be monthly.

B. CONTRACTOR’s project manager, job superintendent, major subcontractors, and suppliers

shall attend as appropriate to address agenda topics for each meeting. CONTRACTOR’s representatives shall have authority to bind CONTRACTOR to decisions at the meetings.

C. The project schedule shall be updated monthly and shall be reviewed at each progress

meeting. CONTRACTOR shall provide the following information in written form at each meeting. 1. Construction progress, including:

a. Activities completed this reporting period. b. Activities in progress this reporting period. c. Activities scheduled to commence this reporting period.

2. Description of problem areas. 3. Current and anticipated delays.

a. Cause of the delay. b. Corrective action and schedule adjustments to correct the delay. c. Impact of the delay on other activities, on milestones, and on completion dates.

4. Changes in construction sequence.

D. ENGINEER will prepare and distribute minutes to all attending parties. PART 2–PRODUCTS

NOT APPLICABLE

Section 01 31 00-3

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PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Section 01 33 00-1

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SECTION 01 33 00

SUBMITTALS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Whenever possible throughout the Contract Documents, the minimum acceptable

quality of workmanship and materials has been defined either by manufacturer’s name and catalog number or by reference to recognized industry standards.

2. To facilitate CONTRACTOR’s understanding of the design intent, procedures have been established for advance submittal of design data and for its review or rejection by ENGINEER.

3. The type of submittal requirements specified in this section include construction progress schedule, submittal schedule, shop drawings, product data, samples, maintenance manuals, and other miscellaneous work related submittals.

B. Related work described elsewhere: More detailed requirements for submittals are described

in other sections of these specifications for some materials and equipment. They are to be considered additional requirements to supplement the requirements specified in this section. Submittals shall conform to Article 7 of the General Conditions.

C. Definitions: “Electronic Submittal” is defined as any submittal transmitted electronically to

ENGINEER for review. 1.02 IDENTIFICATION OF SUBMITTALS

A. CONTRACTOR shall completely identify each submittal and resubmittal by showing at least the following information: 1. Name and address of submitter, plus name and telephone number of the individual who

may be contacted for further information. 2. Name and location of project and identification number. 3. Drawing number and specifications section number to which the submittal applies. 4. Include the date of each submittal or resubmittal.

1.03 GROUPING OF SUBMITTALS

A. Unless otherwise specifically permitted by ENGINEER, CONTRACTOR shall make all submittals in groups containing all associated items so that information is available for checking each item when it is received.

B. Partial submittals may be rejected as not complying with the provisions of the Contract

Documents. 1.04 TIMING OF SUBMITTALS

A. CONTRACTOR shall make all submittals far enough in advance of scheduled dates of installation to provide required time for reviews, for securing necessary approval, for possible revision and resubmittal, and for placing orders and securing delivery.

Section 01 33 00-2

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B. The review period for submittals that are received after 3 P.M. shall commence on the following business day.

1.05 CONSTRUCTION PROGRESS AND SUBMITTAL SCHEDULES

A. Submit preliminary schedules within 10 days of the effective date of the Agreement.

B. Revise schedules incorporating any comments provided at the schedule review conference required in GC.2.05 and resubmit.

C. As a minimum, the construction progress schedule shall consist of a horizontal bar chart with

a separate line for each major portion of Work or operation, identifying first workday of each week.

D. Show complete sequence of construction by activity, identifying Work of separate stages and

other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration for each activity. Identify activities that are on the critical path.

E. Include line items for milestones (if any), Substantial, and Final Completion.

F. Submit updated schedules with each Application for Payment, identifying changes since

previous version.

G. Indicate estimated percentage of completion for each item of Work at each submission.

H. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates.

1.06 SHOP DRAWINGS

A. Shop drawings shall include specially prepared technical data for this project including drawings, diagrams, performance curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, measurements, and similar information not in standard printed form for general application to a range of similar projects. Shop drawings shall be submitted for all manufactured or fabricated items. See individual technical sections for special requirements.

B. CONTRACTOR shall make all shop drawings accurately to scale and sufficiently large to

show all pertinent aspects of the item and its method of connection to the work.

C. Shop drawings shall be checked, approved, and stamped by CONTRACTOR in accordance with the General Conditions before transmittal to ENGINEER for review and approval.

D. Complete shop drawings and descriptive data shall be submitted on all manufactured or

fabricated items prior to 50% completion of the Work. Applications for payment beyond 50% of the Contract amount will not be recommended for payment until all shop drawings are submitted, including the required hard copies, or a revised schedule for any remaining submittals is agreed to by OWNER and ENGINEER.

E. CONTRACTOR shall submit shop drawings following the procedure described below.

Except as noted, six color copies of shop drawings and descriptive data shall be submitted to ENGINEER for approval. Three copies of these will be returned to CONTRACTOR if approved. If shop drawings are not approved or if they are stamped “Approved as

Section 01 33 00-3

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Noted-Resubmit,” two corrected copies will be returned to CONTRACTOR for use in resubmittal. If CONTRACTOR desires more than three approved copies, submitted quantity shall be increased accordingly.

F. Shop drawings shall be submitted in 3-tab report covers, binder clips, or large envelopes.

G. Shop drawings submitted to ENGINEER will be reviewed and stamped “Approved,”

“Approved as Noted,” “Approved as Noted-Resubmit,” or “Not Approved.” CONTRACTOR shall resubmit the above number of corrected shop drawings for all shop drawings stamped “Approved as Noted-Resubmit” and “Not Approved” and will continue this process until shop drawings are stamped “Approved” or “Approved as Noted.” If drawings are stamped “Approved as Noted-Resubmit,” fabrication may proceed in accordance with the marked-up shop drawings. Installation shall not proceed until shop drawings have been resubmitted and stamped “Approved” or “Approved as Noted.”

H. If shop drawings are stamped “Approved as Noted” or “Approved as Noted-Resubmit” and

CONTRACTOR does not agree with revisions or cannot conform with revisions, fabrication shall not proceed and shop drawings shall be resubmitted with explanation of CONTRACTOR’s position.

I. All shop drawings used for construction site activities shall bear the “Approved” or “Approved

as Noted” stamp of ENGINEER.

J. Arrangements may be made between CONTRACTOR and ENGINEER to provide additional copies of “Approved” shop drawings for field activity purposes.

1.07 RESUBMISSION REQUIREMENTS

A. Make any corrections or changes in the submittals required by ENGINEER.

B. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for initial submittal. 2. Itemize in a cover letter any changes which have been made other than those requested

by ENGINEER.

C. See SC-7.16 for additional information regarding resubmittals. 1.08 MANUFACTURER’S DIRECTIONS

A. Manufactured articles, materials, and equipment shall be stored, commissioned, operated, applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer, unless specified to the contrary.

B. Wherever specifications call for work to be performed or materials to be installed in

accordance with the manufacturer’s printed instructions or directions, CONTRACTOR shall furnish copies as required for shop drawings of those instructions or directions to ENGINEER before installing the material or performing the work.

1.09 MAINTENANCE MANUAL

A. Prior to 75% completion of the Contract or at a minimum of 45 days prior to the scheduled start-up date of any individual item of equipment, whichever is earlier, CONTRACTOR shall

Section 01 33 00-4

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furnish to ENGINEER four complete copies of a maintenance manual for all equipment furnished. Applications for payment beyond 75% of the contract amount will not be recommended for payment until all maintenance manuals are submitted or a revised schedule for remaining maintenance manuals is agreed to by OWNER and ENGINEER.

B. The manuals shall include manufacturer's instructions for maintenance and operation for

each item of mechanical and electrical equipment. Manuals shall be specific for the equipment as installed; provide project specific inserts as required. Manuals shall contain: operation instructions, lubrication schedules, types and quantities, preventative maintenance program, spare parts list, parts lists, I.D. No. and exploded views, assembly instructions, parts supplier location, trouble shooting and startup procedures and, where applicable, test data and curves.

PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Section 01 41 00-1

1984.011/1-2019

SECTION 01 41 00

REGULATORY REQUIREMENTS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. OSHA requirements. 2. Roadway limits. 3. Permits. 4. Wage rates. 5. Recording and preserving historical and archaeological finds. 6. Sanitation District No. 1 of Northern Kentucky Requirements.

1.02 OSHA REQUIREMENTS

A. All work including site safety, equipment, materials, and fabricated items provided under the Contract shall comply with the provisions of the "Occupational Safety and Health Act” (OSHA), the Kentucky Occupational Safety and Health Act (KYOSH), and all other applicable federal, state, county and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements shall be followed.

B. The CONTRACTOR's failure to thoroughly familiarize itself with the aforementioned safety

provisions shall not relieve CONTRACTOR from compliance with the obligations and penalties set forth therein.

1.03 ROADWAY LIMITS

A. CONTRACTOR shall comply with roadway weight restrictions including seasonal weight restrictions.

1.04 PERMITS

A. The following permit was obtained by OWNER: Kentucky Division of Water Construction Permit.

B. They are included as attachments to this division. CONTRACTOR shall comply with all

provisions of this permit and shall be responsible for notifications as required by this permit. CONTRACTOR shall obtain all other permits required for the Work. Where the requirements of any permit is more restrictive than the Drawings or the Specifications, the permit requirements shall govern.

C. Any permits required for dewatering operations shall be obtained and paid for by

CONTRACTOR. 1.05 WAGE RATES

A. A state wage rate determination is not a requirement of this project.

Section 01 41 00-2

1984.011/1-2019

B. CONTRACTOR shall comply with the attached Federal Wage Rates. 1.06 RECORDING AND PRESERVING HISTORICAL AND ARCHAEOLOGICAL FINDS

A. In the event archaeological materials (arrowheads, stone tools, stone axes, prehistoric and historic pottery, bottles, foundations, Civil War artifacts, and other types of artifacts) are uncovered during the construction of the Project, Work is to immediately cease at the location and the Kentucky Heritage Council shall be contacted. The telephone number is (502) 564-7005. Construction shall not commence at this location until a written release is received from the Kentucky Heritage Council. Failure to report a find could result in legal action.

1.07 SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY REQUIREMENTS

A. CONTRACTOR shall complete and submit “Application for Sanitary Sewer Connection Permit” and “Certified Tapper Application and Permit” to Sanitation District No. 1 of Northern Kentucky. Applications and permits must be approved prior to disconnection of septic systems and connection to new sewer for each property. Application are included as attachments to this division.

PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Section 01 42 00-1

1984.011/1-2019

SECTION 01 42 00

REFERENCE STANDARDS AND DEFINITIONS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Reference Standards:

a. Throughout the Contract Documents, reference is made to codes and standards which establish qualities and types of workmanship and materials, and which establish methods for workmanship and materials, and which establish methods for testing and reporting on the pertinent characteristics.

b. Where materials or workmanship are required by these Contract Documents to meet or exceed the specifically named code or standard, it is CONTRACTOR's responsibility to provide materials and workmanship which meet or exceed that specifically named code or standard.

c. It is also CONTRACTOR's responsibility, when so required by the Contract Documents, to deliver to ENGINEER all required proof that the material or workmanship, or both, meet or exceed the requirements of the specifically named code or standard.

2. Definitions: a. A substantial amount of specification language constitutes definitions for terms

found in other Contract Documents, including the Drawings which must be recognized as diagrammatic in nature and not completely descriptive of requirements indicated thereon.

b. Certain terms used in the Contract Documents are defined generally in this section to supplement definitions of the Agreement, General Conditions, Supplementary Conditions, and other general contract documents.

c. Definitions and explanations of this section are not necessarily either complete or exclusive, but are general for the Work.

B. Related Work Described Elsewhere: The specific naming of codes or standards occurs on

the Drawings and in other sections of these Specifications. 1.02 QUALITY ASSURANCE

A. Familiarity with Pertinent Codes and Standards: 1. It is CONTRACTOR's responsibility to verify the requirements of the specifically named

codes and standards and to verify that the items procured for use in this Work meet or exceed the specified requirements.

2. When required by individual sections of these specifications, CONTRACTOR shall obtain a copy of each pertinent code or standard and maintain the copies at the job site during submittals, planning, and progress of the Work until Substantial Completion of the Work is attained.

B. Overlapping or Conflicting Requirements:

1. Where compliance with two or more industry standards or sets of requirements are specified, and the overlapping of those standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is

Section 01 42 00-2

1984.011/1-2019

generally recognized to be also most costly) is intended and will be enforced, unless more detailed language written directly into Contract Documents clearly indicates that a less stringent requirement is acceptable.

2. Refer all uncertainties to ENGINEER for decision before proceeding. 1.03 REFERENCE STANDARDS

A. Applicable standards of the construction industry are made a part of the Contract Documents by reference as if copied directly into the Contract Documents, or as if published copies were bound herewith. See Article 3.02 of the General Conditions for additional provisions regarding references.

B. Standards referenced directly in the Contract Documents or by governing regulation, have

precedence over nonreferenced standards which are recognized in industry for applicability to the Work.

C. Nonreference standards are hereby defined to have no particular applicability to the work

except as a general measurement of whether the Work complies with standards recognized in the construction industry.

D. Reference standards and codes listed in these specifications may include, but are not

necessarily limited to, standards or codes published by the following agencies and organizations:

1. AA Aluminum Association

1525 Wilson Boulevard, Arlington, VA 22209

2. AAMA American Architectural Manufacturer's Association 1827 Walden Office Square Suite 550, Schaumberg, IL 60173-4268

3. AASHTO American Association of State Highway & Transportation Officials 444 North Capitol Street NW Suite 249, Washington, DC 20001

4. ACI American Concrete Institute 38800 Country Club Drive, Farmington Hills, MI 48331-3439

5. AI Asphalt Institute 2696 Research Park Drive, Lexington, KY 40511-8480

6. AISC American Institute of Steel Construction One East Wacker Drive Suite 700, Chicago, IL 60601-1802

7. AISI American Iron and Steel Institute 25 Massachusetts Avenue NW Suite 800, Washington, DC 20001

8. ANSI American National Standards Institute 25 West 43rd Street, New York, NY 10036

9. APA American Plywood Association 7011 South 19th, Tacoma, WA 98466-5333

Section 01 42 00-3

1984.011/1-2019

10. API American Petroleum Institute 1220 L Street NW, Washington, DC 20005-4070

11. ARI Air-Conditioning & Refrigeration Institute 4100 North Fairfax Drive Suite 200, Arlington, VA 22203

12. ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers 1791 Tullie Circle NE, Atlanta, GA 30329

13. ASME American Society of Mechanical Engineers Two Park Avenue, New York, NY 10016-5990

14. ASSE American Society of Sanitary Engineering 901 Canterbury Suite A, Westlake, OH 44145

15. ASTM ASTM International 100 Barr Harbor Drive, West Conshohoken, PA 19428-2959

16. AWI Architectural Woodwork Institute 46179 Westlake Drive Suite 120, Potomac Falls, VA 20165-5874

17. AWPA American Wood Protection Association P.O. Box 361784, Birmingham, AL 35236-1784

18. AWS American Welding Society 8669 Doral Boulevard Suite 130, Doral, FL 33166

19. AWWA American Water Works Association 6666 West Quincy Avenue, Denver, CO 80235

20. BHMA Builder's Hardware Manufacturers Association 355 Lexington Avenue 15th floor, New York, NY 10017

21. BIA Brick Industry Association 1850 Centennial Park Drive Suite 301, Reston, VA 20191

22. CRSI Concrete Reinforcing Steel Institute 9333 North Plum Grove Road, Schaumburg, IL 60173

23. EJMA Expansion Joint Manufacturers Association 25 North Broadway, Tarrytown, NY 10591

24. FM FM Global FM Global Corporate Offices, 270 Central Avenue, Johnston, RI 02919

25. FTI Facing Tile Institute Box 8880, Canton, OH 44711

Section 01 42 00-4

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26. GA Gypsum Association 6525 Belcrest Road Suite 480, Hyattsville, MD 20782

27. GANA Glass Association of North America 800 SW Jackson Street Suite 1500, Topeka, KS 66612-1200

28. ICC International Code Council 500 New Jersey Avenue NW 6th Floor, Washington, DC 20001

29. IES Illuminating Engineering Society 120 Wall Street, Floor 17, New York, NY 10005-4001

30. MIL Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue, Philadelphia, PA 19120

31. NAAMM National Association of Architectural Metal Manufacturers 800 Roosevelt Road Building C Suite 312, Glen Ellyn, IL 60137

32. NCMA National Concrete Masonry Association 13750 Sunrise Valley Drive, Herndon, VA 20171-4662

33. NECA NECA National Electrical Contractors Association 3 Bethesda Metro Center Suite 1100, Bethesda, MD 20814

34. NEMA National Electrical Manufacturers Association 1300 North 17th Street Suite 1752, Rosslyn, VA 22209

35. NFPA National Fire Protection Association 1 Batterymarch Park, Quincy, MA 02169-7471

36. NIST National Institute of Standards and Technology (U.S. Department of Commerce), 100 Bureau Drive, Stop 1070 Gaithersburg, MD 20899-1070

37. NRCA National Roofing Contractors Association 10255 West Higgins Road Suite 600, Rosemont, IL 60018-5607

38. NSF National Sanitation Foundation International P.O. Box 130140, 789 North Dixboro Road, Ann Arbor, MI 48113-0140

39. OSHA Occupational Safety & Health Administration 200 Constitution Avenue NW, Washington, DC 20210

40. PCA Portland Cement Association 5420 Old Orchard Road, Skokie, IL 60077

41. PCI Prestressed Concrete Institute 200 West Adams Street Suite 2100, Chicago, IL 60606

Section 01 42 00-5

1984.011/1-2019

42. SAE Society of Automotive Engineers SAE World Headquarters 400 Commonwealth Drive, Warrendale, PA 15096-0001

43. SDI Steel Deck Institute P.O. Box 25, Fox River Grove, IL 60021

44. SDI Steel Door Institute 30200 Detroit Road, Westlake, OH 44145-1987

45. SIGMA Sealed Insulating Glass Manufacturers Assoc. 401 North Michigan Avenue Suite 2400, Chicago, IL 60611

46. SJI Steel Joist Institute 234 Cheves Street, Florence, SC 29501

47. SMACNA Sheet Metal and Air Conditioning Contractor's National Association 4201 Lafayette Center Drive, Chantilly, VA 20151-1219

48. SSPC Society for Protective Coatings 40 24th Street 6th Floor, Pittsburgh, PA 15222-4656

49. TCA Tile Council of America 100 Clemson Research Boulevard, Anderson, SC 29625

50. UL Underwriters Laboratories 333 Pfingston Road; Northbrook, IL 60062

1.04 SUBMITTALS

A. For OWNER's records, CONTRACTOR shall submit copies of permits, licenses, certifications, inspection reports, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the Work.

1.05 DEFINITIONS

A. Indicated: 1. The term “indicated” is a cross-reference to details, notes, or schedules on the drawings,

to other paragraphs or schedules in the specifications and to similar means of recording requirements in the Contract Documents.

2. Where terms such as “shown,” “noted,” “scheduled,” and “specified” are used in lieu of “indicated”, it is for the purpose of helping the reader locate cross-reference, and no limitation is intended except as specifically noted.

B. Approve (or Words of Similar Nature):

1. Where used in conjunction with ENGINEER's response to submittals, requests, applications, inquiries, reports, and claims by CONTRACTOR, the meaning of the term “approve” will be held to the limitation of ENGINEER's responsibilities and duties as specified in Paragraph 1.02.B.1. of the General Conditions.

Section 01 42 00-6

1984.011/1-2019

2. In no case will “approval” by ENGINEER be interpreted as a release of CONTRACTOR from responsibility to fulfill requirements of the Contract Documents.

C. Minimum Requirements:

1. Indicated requirements are for a specific minimum acceptable level of quality or quantity, as recognized in the industry.

2. Actual work must comply with (or within specified tolerances) or exceed minimums. 3. CONTRACTOR shall refer uncertainties to ENGINEER before proceeding.

D. Abbreviations: Abbreviations, where not defined in the Contract Documents, will be

interpreted to mean the normal construction industry terminology. PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Section 01 50 00-1

1984.011/1-2019

SECTION 01 50 00

TEMPORARY FACILITIES PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Temporary utilities. 2. Temporary support facilities. 3. Construction sign. 4. Removal of temporary facilities.

B. CONTRACTOR shall arrange for and provide temporary facilities as required for proper and

expeditious prosecution of the Work.

C. CONTRACTOR shall pay all costs, except as otherwise specified, until final acceptance of the Work unless OWNER makes arrangements for use of completed portions of the Work after substantial completion in accordance with the provisions of the General Conditions.

D. CONTRACTOR shall make all temporary connections to utilities and services in locations

acceptable to OWNER and local authorities having appropriate jurisdiction. 1. Furnish all necessary labor and materials. 2. Make all installations in a manner subject to the acceptance of such authorities and

OWNER. 3. Maintain such connections. 4. Remove temporary installation and connection when no longer required. 5. Restore services and sources of supply to proper operating conditions.

1.02 TEMPORARY UTILITIES

A. Temporary Toilets: CONTRACTOR shall provide and maintain sanitary temporary chemical toilets located where approved by OWNER and in sufficient number required for the work force employed by CONTRACTOR.

B. Weather Protection and Temporary Heat: CONTRACTOR shall provide weather protection

to protect the Work from damage because of freezing, rain, snow, and other inclement weather.

C. Temporary Water: CONTRACTOR shall supply its own water during construction.

CONTRACTOR shall also provide its own piping, valves, and appurtenances for its requirements. Connection to the existing water system shall be coordinated with OWNER and shall meet all code requirements including disinfection and backflow prevention.

D. Temporary Fire Protection: CONTRACTOR and Subcontractor(s) who maintain or provide

an enclosed shed or trailer shall provide and maintain in operating order in each shed or trailer a minimum of one fire extinguisher. More extinguishers shall be provided as necessary. Fire extinguishers shall be minimum dry chemical, nonfreezing-type, UL rating 2A-30BC, with 10-pound capacity for Class A, B, and C fires.

Section 01 50 00-2

1984.011/1-2019

1.03 TEMPORARY SUPPORT FACILITIES

A. CONTRACTOR shall provide whatever facilities and services which may be needed to properly support primary construction process and meet compliance requirements and governing regulations.

B. CONTRACTOR shall not use permanent facilities except as otherwise indicated, unless

authorized by OWNER. 1.04 CONSTRUCTION SIGN

A. Furnish and erect a construction sign to be maintained and kept in place until completion of the Contract.

B. The sign shall be constructed by a professional sign painter per the sign layout as shown on

the attached Drawing at the end of these Specifications. 1.05 REMOVAL OF TEMPORARY FACILITIES

A. Remove temporary materials, equipment, services, and construction as soon as practicable but no later than just prior to substantial completion inspection.

B. Clean and repair damage caused by installation or use of temporary facilities and restore

existing facilities used during construction to specified, or to original, condition. PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

Sign Dimensions: 1200mm x 2400mm x 19 mm (app. 4’ x 8’ x ¾”) Plywood Panel (APA Rated A-B grade – Exterior)

Temporary Black & White Construction Sign for projects funded by theDepartment for Local Government (DLG)

Matthew G. BevinGovernor

Office of the GovernorDepartment for Local Government

Evergreen-Ridgeview-Mary Lou SewerProject

Project Sponsor: Boone County Fiscal Court

Engineers : Strand Associates, Inc.

Contractor: TO BE DETERMINED

CDBG Administrator: Atkins-Elrod & Assoc.

This project is funded by a CommunityDevelopment Block Grant administered by the

Department for Local Government andfinanced by the U.S. Department of Housing

and Urban Development.

Equal Opportunity Employer

Sandra K. DunahooCommissioner

Section 01 57 00-1

1984.011/1-2019

SECTION 01 57 00

TEMPORARY CONTROLS PART 1–GENERAL 1.01 SUMMARY

A. Work Included: 1. Dust Control. 2. Water, Erosion, and Sediment Control. 3. Noise Control. 4. Traffic Control. 5. Site Security. 6. Daily Cleanup.

PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION 3.01 DUST CONTROL

A. CONTRACTOR shall execute the Work by methods to minimize raising dust from construction operations.

B. CONTRACTOR shall provide positive means to prevent airborne dust from dispersing into

atmosphere. 3.02 WATER, EROSION, AND SEDIMENT CONTROL

A. CONTRACTOR shall grade site to drain and shall maintain excavations free of water. Provide, operate, and maintain pumping equipment.

B. CONTRACTOR shall protect Site from puddling or running water.

C. CONTRACTOR shall provide erosion control measures as necessary to control discharge

of sediment laden water to surface waters and wetlands.

D. Except as provided for in the document, overland discharge of water from dewatering operations shall not be allowed. Depending on water quality, such water shall either be piped directly to the surface water or shall be directed to sedimentation basins or other such structures or features prior to discharge to surface waters so as not to cause damage to existing ground and improvements, erosion, or deposition in the discharge area.

E. CONTRACTOR shall use jute or synthetic netting, silt fences, straw bales, dikes, channels,

and other applicable measures to prevent erosion of soils disturbed by its construction operation.

Section 01 57 00-2

1984.011/1-2019

F. Restoration of the Site shall proceed concurrently with the construction operation. See Drawings and Specifications for erosion control measures in addition to that which may be required above.

G. Erosion control measures shall comply with the following document: Kentucky’s Best

Management Practices for Construction Activities. 3.03 NOISE CONTROL

A. Provide methods, means, and facilities to minimize noise produced by construction operations.

3.04 TRAFFIC CONTROL

A. CONTRACTOR shall be responsible for providing all signs, barricades, flagmen, and other traffic control devices in the construction zone.

B. CONTRACTOR shall be responsible for providing all signs, barricades, flagmen and other

traffic control devices in the construction zone. All traffic control measures shall meet the requirements Manual on Uniform Traffic Control Devices for Streets and Highways, Latest Edition.

C. Do not close or obstruct roadways without approval of OWNER.

D. Maintain one-way traffic on streets at all times.

E. Conduct operations with minimum interference to roadways.

3.05 SITE SECURITY

A. CONTRACTOR shall have the sole responsibility of safeguarding the Site perimeter to prevent unauthorized entry to the Site throughout the duration of the Project. CONTRACTOR shall at all times provide such permanent and temporary fencing or barricades or other measures as may be necessary to restrict unauthorized entry to its construction area including construction in public rights-of-way or easements. Site security measures shall include safeguards against attractive nuisance hazards as a result of construction activity.

B. CONTRACTOR shall at all times be responsible for the security of the Work including

materials and equipment. OWNER will not take any responsibility for missing or damaged equipment, tools, or personal belongings. CONTRACTOR shall have the sole responsibility of safeguarding the Work and the Site throughout the duration of the Project.

3.06 DAILY CLEANUP

A. CONTRACTOR shall clean up the Site and remove all rubbish on a daily basis.

B. CONTRACTOR shall clean up public streets and highways and remove any dirt, mud, or other materials due to project traffic on daily basis and shall comply with all local and state ordinances and permit requirements.

END OF SECTION

Section 01 60 00-1

1984.011/1-2019

SECTION 01 60 00

MATERIALS AND EQUIPMENT PART 1–GENERAL 1.01 SUMMARY

A. Work Included: CONTRACTOR shall be responsible for the delivery, handling, storage and protection of all material and equipment required to complete the Work as specified herein.

B. Related Sections and Divisions: Specific requirements for the handling and storage of

material and equipment are described in other sections of these Specifications. 1.02 PRODUCTS

A. Components required to be supplied in quantity within a Specification section shall be the same, and shall be interchangeable.

B. When any construction deviations from the Drawings and/or Specifications necessary to

accommodate equipment supplied by CONTRACTOR, result in additional costs to CONTRACTOR or other contractors, such additional costs shall be borne by CONTRACTOR. CONTRACTOR shall also pay any additional costs necessary for revisions of Drawings and/or Specifications by ENGINEER.

C. Each major component of equipment shall bear a nameplate giving the name and address

of the manufacturer and the catalogue number or designation. 1.03 TRANSPORTATION AND HANDLING

A. Materials, products and equipment shall be properly containerized, packaged, boxed, and protected to prevent damage during transportation and handling.

B. CONTRACTOR shall not overload any portion of the structure in the transporting or storage

of materials.

C. CONTRACTOR shall not damage other construction by careless transportation, handling, spillage, staining or impact of materials.

D. CONTRACTOR shall provide equipment and personnel to handle products, including those

provided by OWNER, by methods to prevent soiling and damage.

E. CONTRACTOR shall provide additional protection during handling to prevent marring and otherwise damaging products, packaging, and surrounding surfaces.

F. CONTRACTOR shall handle product by methods to avoid bending or overstressing. Lift

large and heavy components only at designated lift points. 1.04 DELIVERY AND RECEIVING

A. CONTRACTOR shall arrange deliveries of products in accordance with the Progress Schedule, allowing time for observation prior to installation.

Section 01 60 00-2

1984.011/1-2019

B. CONTRACTOR shall coordinate deliveries to avoid conflict with the Work and conditions at the Site; limitations on storage space; availability of personnel and handling equipment.

C. CONTRACTOR shall deliver products in undamaged, dry condition, in original unopened

containers or packaging with identifying labels intact and legible.

D. CONTRACTOR shall clearly mark partial deliveries of component parts of equipment to identify equipment and contents to permit easy accumulation of parts and to facilitate assembly.

E. Immediately on delivery, CONTRACTOR shall inspect shipment to review that:

1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Accessories and installation hardware are correct. 4. Containers and packages are intact and labels legible. 5. Products are protected and undamaged.

1.05 STORAGE AND PROTECTION

A. General: 1. CONTRACTOR shall store products, immediately on delivery, in accordance with

manufacturer's instructions, with all seals and labels intact and legible. 2. Available storage space at the Site is limited. Any additional off-site space required shall

be arranged by CONTRACTOR.

1.06 MAINTENANCE OF STORAGE

A. CONTRACTOR shall periodically inspect stored products on a scheduled basis.

B. CONTRACTOR shall verify that storage facilities comply with manufacturer's product storage requirements, and verify that manufacturer required environmental conditions are maintained continually.

C. CONTRACTOR shall verify that surfaces of products exposed to the elements are not

adversely affected and that any weathering of finishes is acceptable under requirements of Contract Documents.

D. CONTRACTOR shall perform scheduled maintenance of equipment in storage as

recommended by the manufacturer. A record of the maintenance shall be kept and turned over to ENGINEER when the equipment is installed.

1.07 INSTALLATION REQUIREMENTS

A. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the respective manufacturers, unless otherwise specified.

B. After installation, CONTRACTOR shall protect all materials and equipment against weather,

dust, moisture, and mechanical damage.

C. CONTRACTOR shall be responsible for all damages that occur in connection with the care and protection of all materials and equipment until completion and final acceptance of the

Section 01 60 00-3

1984.011/1-2019

Work by OWNER. Damaged material and equipment shall be immediately removed from the Site.

1.08 EQUIPMENT WARRANTIES

A. Warranties shall be nonprorated, include all parts and labor, and be in written form. Warranties shall specifically exclude buyer's indemnification language. Warranty language shall not eliminate manufacturer’s responsibility for sizing of the equipment. During warranty period, manufacturer shall be responsible for any travel expenses, outside contractor fees, and rental equipment fees associated with providing warranty service. Manufacturer shall pay expenses incurred for repairs and parts replacement not made by manufacturer if manufacturer’s response is not within 72 hours of notification by OWNER. Warranty language shall be provided with the shop drawings.

1.09 CONCRETE EQUIPMENT BASE

A. Cast-in-place concrete equipment bases shall be provided for all new and relocated equipment including electrical control panels, motor control centers, switchgear, etc. Concrete equipment bases shall be provided by CONTRACTOR except where specifically noted to be provided by others. Bases shall be 3 1/2-inch minimum height and shall be a minimum of 3 inches larger than equipment being supported. Grouting of equipment bases shall be as recommended by equipment manufacturer.

B. Concrete and grout shall meet applicable sections of the specifications.

C. Provide all anchor bolts, metal shapes and templates to be cast in concrete or used to form

concrete for support of equipment. PART 2–PRODUCTS

NOT APPLICABLE PART 3–EXECUTION

NOT APPLICABLE

END OF SECTION

PERMITS

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D

MATTHEW G. BEVIN

GOVERNOR CHARLES G. SNAVELY

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

300 SOWER BOULEVARD

FRANKFORT, KENTUCKY 40601

ANTHONY R. HATTON

COMMISSIONER

March 13, 2019

Jeffrey Earlywine Boone County Fiscal Court P.O. Box 960 2950 Washington Street Burlington, KY 41005 Re: Evergreen/Ridgeview SLE Project Boone County, Kentucky

Northern KY Sanitation District 1 West Regional WWTP Activity ID #: 44264, APE20190004 Receiving Treatment Plant KPDES #: KY0107239

Dear Mr. Earlywine:

We have reviewed the plans and specifications for the above referenced project. The plans include the

construction of approximately 10,919 LF of 8-inch PVC gravity sewer line, 1200 LF of 2-inch PVC force main,

190 LF of 2.5-inch PVC force main, and 194 LF of 1.25-inch PVC force main and 18 individual residence

simplex grinder pump stations. This is to advise that plans and specifications for the above referenced project are

APPROVED with respect to sanitary features of design, as of this date with the requirements contained in the attached

construction permit.

If we can be of any further assistance or should you wish to discuss this correspondence, please do not

hesitate to contact Mr. Mortaza Tabayeh at 502-782-7086.

Sincerely,

Terry Humphries, P.E.

Supervisor, Engineering Section

Water Infrastructure Branch

Division of Water

TH / MT

Enclosures

C: Boone County Health Department

Paul Maron, Strand

Division of Plumbing

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A � � � � � �- B � � � � � � � � � � ! �� � � � � � � � � / ( � � � � � � � 57) � � � � � � $ / 8 � � � � � ��. � � �& � � $ : ! A �' � .7 6 1 # 9 # # # , 7 �( , � @

�� � � �� �� ���� �� � � �� �� �5 5 � � � � ( � � � $ � � � $ � � � � � � � � � � � � � � � � � � � � & � � � � � $ � � = �( � � �� ' 5 � � � � � � � � � � � �� � � � � � � � � � � � � � � � �( � � � � �� � � � � � = �( � � � � ��' + , # - ./ 0 � # # 0 � � � � � �> 2 @ 3 2 � 3 45 1 6 � � � � �( � � � � � � � � � � � � � � � � � � � � � � � � � � �& � � � � � � � � � � � � � � � � �� & � �& ' + , # - . / 0 � # # 0 � � � � � � > 2 9 3 45 " . � 8 � � � � � � �� � � � � � =� � � � � � � � � � & � � � � � � � � � �( � � � � � � � � � �� � � � � $ � � � � � � � � � � � � � � � � � � � � � � � � � � � � & � � � �& � � � � � � � � � �' + 5 � � � � � � 2 � � 3 , 9' , 4

A � � � � � �- B � � � � � � � � � � ! �� � � � � � � � � / ( � � � � � � � 57) � � � � � � $ / 8 � � � � � ��. � � �& � � $ : ! A �' � .7 6 1 # 9 # # # , 7 �( 0 � @

�� � � �� �� ���� �� � � �� �� �5 7 � � �� � � � � � � � � � �� � � � � � � �( � �� � �� � � � � � � � � � � � � � � � � � � � �� � � �( � � � � � � � � � �� � � � � 2 " 3 � � � � � � � � � � � � �' 7 � � � � � � � � � � � � � � �� � � � �( � � � � �( � � ��� � � �� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 , 3 � � � � � � � � � � � � �' 5 � � � � & � 8 � � � � � �� � � � � � � � � � $ � � ( � � � � � � � � � � � � � � � �� � � � � � � � � �� � � � � � � $� � � � � � � � � ( � � � � � � � � � � � � � � � ��' + 5 � � � � � � 2 � � 3 , 1' " " � , 9' 45 1 . � � � � � ? � � �( � � � � � � � �� � � � � $ � � � � � � � � � � � � �� � � � � � � �& � � � � � �& � � � � � � � � � � � � � � �� � � � � � � � � � � � � � � � � � � � � � � � �& � � � � � � � � � � � � � � � � �� � � � � � � � � �'+ , # - ./ 0 � # # 0 � � � � � � > 4A � � � � � �- B � � � � � � � � � � ! �� � � � � � � � � / ( � � � � � � � 57) � � � � � � $ / 8 � � � � � ��. � � �& � � $ : ! A �' � .7 6 1 # 9 # # # , 7 �( @ � @

FEDERAL WAGE RATES

General Decision Number: KY190062 01/04/2019 KY62

Superseded General Decision Number: KY20180141

State: Kentucky

Construction Type: Heavy

County: Boone County in Kentucky.

HEAVY CONSTRUCTION PROJECTS (including sewer/waterconstruction).

Note: Under Executive Order (EO) 13658, an hourly minimum wageof $10.60 for calendar year 2019 applies to all contractssubject to the Davis-Bacon Act for which the contract is awarded(and any solicitation was issued) on or after January 1, 2015.If this contract is covered by the EO, the contractor must payall workers in any classification listed on this wagedetermination at least $10.60 per hour (or the applicablewage rate listed on this wage determination, if it is higher)for all hours spent performing on the contract in calendaryear 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019

ASBE0008-007 07/01/2017

Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 29.50 16.72---------------------------------------------------------------- ELEC0369-008 05/30/2018

Rates Fringes

ELECTRICIAN......................$ 31.66 17.01----------------------------------------------------------------* ENGI0018-016 05/01/2018

Rates Fringes

POWER EQUIPMENT OPERATOR (Backhoe/Excavator/Trackhoe).....$ 36.14 14.90---------------------------------------------------------------- ENGI0181-016 07/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR GROUP 1.....................$ 31.05 14.65

OPERATING ENGINEER CLASSIFICATIONS

GROUP 1 - Crane; Forklift

Operators on cranes with boom 150 feet and over, including jib, shall receive $0.75 above Group 1. All cranes with piling leads will receive $0.50 above Group 1 rate regardless of boom length. Combination rate shall mean $0.50 per hour above the basic hourly rate of pay.

Employees assigned to work below ground level are to be paid 10% above basic wage rate. This does not apply to open cut work.

---------------------------------------------------------------- ENGI0181-019 07/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR GROUP 1.....................$ 31.05 14.65 GROUP 2.....................$ 28.28 14.65 GROUP 3.....................$ 28.71 14.65 GROUP 4.....................$ 27.97 14.65

OPERATING ENGINEER CLASSIFICATIONS

GROUP 1 - Drill; Pumpcrete; Roller (Bituminous)

GROUP 2 - Bobcat/Skid Steer/Skid Loader; Concrete Pump; Roller (Rock)

GROUP 3 - Articulating Truck Operator

GROUP 4 - Pump; Roller (Earth)

Operators on cranes with booms 150 feet and over (including jib) shall receive $1.00 above Group 1 rate; 250 feet and over including jib shall receive $1.50 above Class 1 rate. Combination Rate: All crane operators operating cranes, where the length of the boom in combination with the length of the piling leads equal or exceeds 150 feet, shall receive $1.00 above the Group 1 rate.

Employees assigned to work below ground level are to be paid 10% above basic wage rate. This does not apply to open cut work.

---------------------------------------------------------------- IRON0044-005 06/01/2018

Rates Fringes

IRONWORKER (STRUCTURAL AND REINFORCING).....................$ 28.17 21.20---------------------------------------------------------------- IRON0070-011 06/01/2018

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 28.79 22.50----------------------------------------------------------------* LABO0189-016 07/01/2018

Rates Fringes

LABORER Concrete Worker & Grade Checker.....................$ 23.07 14.21 Tamper(Hand Held/Walk Behind).....................$ 23.32 14.21---------------------------------------------------------------- LABO0265-005 05/01/2015

Rates Fringes

LABORER Concrete Saw (Hand Held/Walk Behind) & Pipelayer...................$ 28.89 9.85 Flagger & Landscape.........$ 28.72 9.85---------------------------------------------------------------- SUKY2011-018 06/25/2014

Rates Fringes

CARPENTER (Form Work Only).......$ 24.80 8.76 LABORER: Common or General......$ 22.94 10.00

LABORER: Concrete Finishing.....$ 25.75 8.60 OPERATOR: Bulldozer.............$ 29.37 11.16 OPERATOR: Loader................$ 26.68 13.00 OPERATOR: Mechanic..............$ 29.74 11.16 OPERATOR: Oiler.................$ 24.34 13.00 OPERATOR: Trencher..............$ 26.27 12.37 TRUCK DRIVER: Dump Truck........$ 17.82 3.26----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.

================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leavefor Federal Contractors applies to all contracts subject to theDavis-Bacon Act for which the contract is awarded (and anysolicitation was issued) on or after January 1, 2017. If thiscontract is covered by the EO, the contractor must provideemployees with 1 hour of paid sick leave for every 30 hoursthey work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, includingpreventive care; to assist a family member (or person who islike family to the employee) who is ill, injured, or has otherhealth-related needs, including preventive care; or for reasonsresulting from, or to assist a family member (or person who islike family to the employee) who is a victim of, domesticviolence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EOis available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014.

Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate thatno one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until anew survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This canbe:

* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.

With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

SD1 FORMS

APPLICATION FOR SANITARY SEWER CONNECTION PERMIT SD1

10/19/17

I hereby apply for a permit to make a sanitary sewer connection to the SD1 sanitary sewer system. I understand that only a Certified Tapper is allowed to make the connection and any connections made prior to first obtaining the permit is in violation of SD1 Rules and Regulations and are subject to fines. 1. Certified Tapper Information: Company: Street Address: City: St: Zip: Phone No.: Fax No.: 2. Property to be connected: Street Address: City: Zip: Lot Number: Subdivision: Building Name (if commercial): 3. Property Owner: Street Address: City: St: Zip: Phone No.: Fax No.: Are you crossing CSX Railroad to connect to SD1 sanitary sewer? Yes No Does this property have city water? Yes No If No, how many rooms are there? Commercial Property Only – Estimated flow usage for this facility (GPD)? Is this a change to your current water meter size? Yes No Old meter size: inch New meter size: inch Please select one of the following: Fax and mail permit to: Call for permit to be picked up: This application takes a minimum of five business days and up to ten business days to process after all required documentation (completed application, applicable fee, copy of the building permit, and proof of water meter size for commercial property) has been submitted. The application will not be processed if the sewer system where the connection is applied for has not been accepted for ownership by SD1. Please see the back of this application for further details. Signing this application indicates that you have read and understand the requirements of this application listed on the front and back of this form.

ISSUANCE OF THE SEWER CAPACITY CONNECTION PERMIT WILL PUT THIS PROPERTY ON BILLING

Owner’s Signature: Date: Applicant’s Signature: Date:

Office Use Only Job Number: Section: Plan Review Approval: Date:

Application Rec’d By: Date: Fee Amount Rec’d:$ Date:

Water Meter Rec’d: Building Permit Rec’d: Number of Units:

Structure on Lot SD1 Storm Area Select One: Single Family Multi Family Commercial Lando Condo

Comments:

SD1 1045 Eaton Drive

Ft. Wright, Kentucky 41017 Phone: (859) 578-7460/Fax: (859) 578-6897

SANITARY SEWER CONNECTION PERMIT NOTES AND CLARIFICATIONS

1. The Sanitary Sewer Connection Permit will only be issued if the sewer system has been accepted by SD1 and is functioning. If an application is submitted with payment, the application will be held until the sanitary sewer system has been accepted by SD1 for ownership and maintenance. The payment will be sent to the accounting department for deposit. Deposit of fees by SD1 does not give you permission to make connection to the sanitary sewer line.

2. This application takes a minimum of five business days and up to ten business days to process. This

time period does not begin until we have received all required documentation (completed application, applicable fee, copy of the building permit, and proof of water meter size for commercial property). If there is a change in the fee schedule, the new fee schedule will apply upon receipt of all required documentation and this shall apply at the time the sewer system is accepted by SD1. Please reference the fee schedule by calling 859-578-7460 or visiting our website at www.sd1.org.

3. The application will be processed and the sanitary sewer connection permit will be sent to the

designated party on the reverse side of this form. If there is a reason why the permit cannot be processed, the owner will be contacted. Only persons certified as Certified Tappers by SD1 will be allowed to connect sanitary building sewers to SD1’s sewer system.

4. All work shall be completed during normal working hours, Monday through Friday, excluding holidays,

8:00 a.m. to 4:00 p.m.

5. The owner or plumber/contractor shall obtain a state plumbing permit from the Kentucky Plumbing Inspector’s Office. The state plumbing permit will not be issued without a SD1 Sanitary Sewer Connection Permit.

6. If the connection is being made along a creek, stream, street, road, highway or railroad, the

plumber/contractor/owner is responsible for obtaining the required permit(s) from the City, County, Army Corps of Engineers, Railroad Department or Kentucky Department of Highways.

7. Sanitary Sewer Capacity Connection Fee represents the cost of additional demand on the SD1’s

sanitary sewer system.

8. If crossing someone’s property to connect you are responsible for obtaining in easement. SD1’s easement is not for this purpose.

Issuance of a Sanitary Sewer Connection Permit is permission for your Certified Tapper to apply for

a Certified Tapper Application and Permit.

CERTIFIED TAPPER APPLICATION & PERMIT

6/27/13

___ Sanitary Sewer Manhole Tap ___ Lateral Connection & Repairs ___ Main Line Connection & Repairs Property Address: Street City New Connection Re-Connection Residential Commercial Industrial Property Owner: Address: Phone: Fax: Certified Tapper: Certification #

Company: Phone: Fax:

Reason for Tapping into the Manhole: Tapping main line or tee? Yes No

NOTICE: This permit requires a minimum of one week to process, which includes the pre-inspection. Inspection is required by SD1. Call (859) 578-7460 before 4:00 pm to schedule an inspection. Twenty-four (24) hour notice is required for scheduling purposes. A cancellation or change must be made at least 2 hours before the scheduled time. Although SD1 is not responsible for proper safety practices on the job site, if we observe that the proper safety equipment is not in use, we will not be able to make the inspection and may call the local authorities. THE UNDERSIGNED AGREE TO COMPLY WITH ALL APPLICABLE S D1 TECHNICAL SPECIFICATIONS PERTAINING TO THIS PROJECT. THIS PERMIT BECOMES NULL AND VOID IF WORK IS NOT COMPLETED WITHIN 6 MONTHS. Applicant’s Signature Date

Do not write below this line; for office use only

Permit #: Received by: Date: Inspection Fee Paid: Amount: Date: Confined Space Entry Documentation Approval: ___________________________ Pre-inspection report: Pre-inspection approval: ________ Date: Certified Tapper Acknowledgement: Date: Measurement from Manhole: Manhole #: Inspection approval:________________________________________________________________Date:_______ Size and Type of Service: _______________________ Safety Equipment in Use: Trench Box : Yes/No; Benching and Sloping: Yes/No; Ladders: Yes/No; Confined Space Entry Equipment: Yes/No; Gas Monitor: Yes/No; Hard Hats: Yes/No Comments:___________________________________________________________________________________________ ___________ No Violation: _____

02050-1

SECTION 02050 DEMOLITIONS PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as

shown, specified and required for demolitions, removal and disposal Work. 2. Included, but not limited to, are demolition and removals of existing materials,

equipment, or work necessary to install the new Work as shown and specified and to connect same with existing work in an approved manner. Demolition includes structural concrete, foundations, walls, doors, windows, structural steel, metals, roofs, masonry, attachments, appurtenances, piping, electrical and mechanical equipment, paving, curbs, walks, fencing, gates, and similar existing facilities.

3. Demolitions and removals which may be specified under other Sections shall conform to requirements of this Section.

4. OWNER reserves the right of ownership of any and all materials.

B. Related Sections: 1. Section 01 11 00, Summary of Work. 2. Section 02220, Excavation and Backfill.

1.2 SUBMITTALS

A. Schedule: Submit for approval proposed methods, equipment, and operating sequences. Include coordination for shut-off, capping, temporary services, continuation of utility services, and other applicable items to ensure no interruption of OWNER’S operations.

1.3 JOB CONDITIONS

A. Protection: 1. Perform all demolition and removal Work to prevent damage or injury to

structures, occupants thereof and adjacent features which might result from falling debris or other causes, and so as not to interfere with the use, and free and safe passage to and from adjacent structures.

2. Closing or obstructing of roadways, sidewalks, and passageways adjacent to the Work by the placement or storage of materials will not be permitted, and all operations shall be conducted with a minimum interference to traffic on these ways.

3. Erect and maintain barriers, lights, sidewalk sheds, and other necessary protective devices.

02050-2

4. Repair damage to facilities to remain, or to any property belonging to the OWNER or occupants of the facilities.

B. Scheduling:

1. Carry out operations so as to avoid interference with OWNER'S operations and work in the existing facilities.

C. Notification:

1. At least 48 hours prior to commencement of a demolition or removal, notify ENGINEER in writing of proposed schedule therefor. OWNER will inspect the existing equipment and mark for identification those items which are to remain the property of the OWNER. Do not start removals without notifying the ENGINEER.

D. Explosives:

1. Do not bring explosives on site nor use explosives for any demolition. PART 2 – PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 GENERAL

A. All materials and equipment removed from existing work, shall become the property of CONTRACTOR, except for those which OWNER has identified and marked for his use. All materials and equipment as indicated in Section 01010 or on the Contract Drawings shall be carefully removed by the CONTRACTOR, so as not to be damaged, and shall be cleaned and transported to the Lakeview Pump Station, 1045 Eaton Drive, Fort Wright, Kentucky 41017 or Dry Creek Waste Water Treatment Plant, 2999 Amsterdam Road, Villa Hills, Kentucky 41017 or as directed by the OWNER.

B. CONTRACTOR shall dispose of all demolition materials, equipment, debris, and all

other items, except for equipment or materials which are to remain the property of the OWNER, off the site and in conformance with all existing applicable laws and regulations.

C. Surfaces of walls, floors, ceilings, or other areas which are exposed by any of the

removals specified herein, and which will remain as architecturally finished surfaces shall be repaired and re-finished by the CONTRACTOR with the same or matching materials as the existing adjacent surface.

D. CONTRACTOR shall work closely with OWNER during completion of the Project

to avoid disruptions to pump station operations.

02050-3

E. Pollution Controls: Use water sprinkling, temporary enclosures, and other suitable

methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practical level. Comply with governing regulations pertaining to environmen-tal protection. 1. Do not use water when it may create hazardous or objectionable conditions

such as ice, flooding, and pollution. 2. Clean adjacent structures, facilities, and improvements of dust, dirt, and debris

caused by demolition operations. Return adjacent areas to conditions existing prior to the start of the Work.

F. Building Demolition:

1. Proceed with demolition from the top of the structure to the ground. Complete demolition work above each floor or tier before disturbing supporting members of lower levels.

2. Demolish concrete and masonry in small sections. 3. Remove structural framing members and lower to ground by means of hoists,

derricks, or other suitable methods. 4. Break up and remove foundations and slabs-on-grade, unless otherwise shown

to remain. 5. Locate equipment used for demolition work, and remove demolished materials,

so as to not impose excessive loads on supporting walls, floors or framing. 3.2 STRUCTURAL REMOVALS

A. Remove structures to the lines and grades shown. Where no limits are shown, the limits shall be 4 inches outside the item to be installed. The removal of masonry beyond these limits shall be at the CONTRACTOR'S expense and these excess removals shall be reconstructed to the satisfaction of the ENGINEER with no additional compensation to the CONTRACTOR.

B. All concrete, brick, tile, concrete block, roofing materials, reinforcement, structural

or miscellaneous metals, plaster, wire mesh and other items contained in or upon the structure shall be removed and taken from the site. Demolished items shall not be used in backfill adjacent to structures or in pipe line trenches.

C. After removal of parts or all of masonry walls, slabs and like work which tie into

new Work or existing work, the point of junction shall be neatly repaired so as to leave only finished edges and surface exposed.

D. The jambs, sills and heads of any new windows, passageways, doors, or other

openings cut into new Work or existing work, shall be dressed with new masonry, concrete or metal to provide a smooth, finished appearance.

02050-4

E. Where new anchoring materials including bolts, nuts, hangers, welds and reinforcing steel, are required to attach new Work to the existing work they shall be included under this Section, except where specified elsewhere.

3.3 MECHANICAL REMOVALS

A. Mechanical removals shall consist of dismantling and removing of existing piping, pumps, motors, equipment and other appurtenances as specified, shown, or required for the completion of the Work. It shall include cutting, capping, and plugging as required, except that the cutting of existing piping for the purpose of making connections thereto will be included under Division 15.

B. Existing process, water, chemical, gas, fuel oil and other piping not required for the

new Work shall be removed where shown or where it will interfere with new Work. Piping not indicated to be removed or which does not interfere with new Work shall be removed to the nearest solid support, capped and left in place. Chemical and fuel lines and tanks shall be purged and made safe prior to removal or capping. Where piping that is to be removed passes through existing walls, it shall be cut off and properly capped on each side of the wall.

C. When underground piping is to be altered or removed, the remaining piping shall be

properly capped. Abandoned underground piping may be left in place unless it interferes with new Work or is shown or specified to be removed.

D. Waste and vent piping shall be removed to points shown. Pipe shall be plugged with

cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain, they shall be removed and the hole in the roof properly patched and made watertight.

E. Any changes to potable water piping and other plumbing and heating system work

shall be made in conformance with all applicable codes and under the same requirements as other underground piping. All portions of the potable water system that have been altered or opened shall be pressure tested and disinfected in accordance with Section 15051 and local codes. Other plumbing piping and heating piping shall be pressure tested only.

3.4 ELECTRICAL REMOVALS

A. CONTRACTOR shall be responsible for disconnecting wiring at equipment to be removed. CONTRACTOR shall be responsible for removing the disconnected conduit, disconnect switches, wiring, lighting fixtures, receptacles, and all other appurtenant electrical removals unless otherwise noted on the Drawings.

B. Electrical removals shall consist of the removal of existing transformers, distribution

switchboards, control panels, motors, conduits and wires, poles and overhead wiring,

02050-5

panelboards, lighting fixtures, and miscellaneous electrical equipment all as shown, specified, or required to perform the Work.

C. All existing electrical equipment and fixtures to be removed shall be removed with

such care as may be required to prevent unnecessary damage, to keep existing systems in operation and to keep the integrity of the grounding systems.

D. Distribution switchboards shall be removed or modified as shown. Switchboards to

be removed shall be disconnected and dismantled, and all components shall be disposed of off the site. Circuit breakers and other control equipment on modified switchboards that will no longer be used shall be removed unless otherwise shown or specified. All new openings cut into the modified switchboard panels shall be cut square and dressed smooth to the dimensions required for the installation of the new equipment.

E. Motors shall be disconnected and removed where shown or specified. Motors not

designated by the OWNER to be salvaged shall be removed from the site. Motors or other electrical gear designated for reuse shall be stored in enclosed, heated storage.

F. Conduits and wires shall be abandoned or removed where shown. All wires in

abandoned conduits shall be removed, salvaged, and stored. Abandoned conduits concealed in floor or ceiling slabs, or in walls, shall be cut flush with the slab or wall at the point of entrance. The conduits shall be suitably plugged and the area repaired in a flush, smooth, approved manner. Exposed conduits and their supports shall be disassembled and removed from the site. Repair all areas of work to prevent rust spots on exposed surfaces.

G. Where shown or otherwise required, wiring in the underground duct system shall be

removed. All such wiring shall be salvaged and stored as specified. CONTRACTOR shall verify the function of all wiring before disconnecting and removing it. Ducts which are not to be reused shall be plugged where they enter buildings and made watertight.

H. Where shown, direct-burial cable shall be abandoned. Such cable shall be

disconnected at both ends of the run. Where it enters a building or structure, the cable shall be cut back to the point of entrance. All openings in buildings for entrance of abandoned direct-burial cable shall be patched and made watertight.

I. Poles and overhead wiring shall be abandoned as shown and specified. Existing

substation and poles owned by the power company will be removed by the power company. Poles not owned by the power company shall be completely removed from the site by the CONTRACTOR. The overhead wires shall be salvaged and stored as specified in Section 02050, Paragraph 3.1.A. CONTRACTOR shall perform this work after the new service has been completed and energized, and in accordance with the approved schedule. CONTRACTOR also shall make all the necessary arrangements with the power company for the removal of their

02050-6

transformers and metering equipment after the new electrical system has been installed and energized.

J. Panelboards where shown shall be removed and disposed of off the site. Where

shown or specified, they shall be replaced with new panelboards at the same or adjacent locations. All cutting and patching necessary for the removal and replacement of panelboards shall be performed.

K. Lighting fixtures shall be removed or relocated as shown. Fixtures not relocated

shall be removed from the site. Relocated fixtures shall be carefully removed from their present location and rehung where shown.

L. Wall switches, receptacles, starters and other miscellaneous electrical equipment,

shall be removed and disposed of off the site as required. Care shall be taken in removing all equipment so as to minimize damage to architectural and structural members. Any damage incurred shall be repaired.

3.5 ALTERATIONS AND CLOSURES

A. Alterations shall conform with all applicable Specifications, the Drawings.

B. Where alterations require cutting or drilling into existing floors, walls, and roofs, the holes shall be repaired in an approved manner. CONTRACTOR shall repair such openings with the same or matching materials as the existing floor, wall, or roof. All repairs shall be smoothly finished.

C. Openings in existing concrete slabs, ceilings, masonry walls, floors and partitions

shall be closed and sealed as shown or otherwise acceptable by the ENGINEER. New Work shall be keyed into the existing Work in an acceptable manner. New reinforcing steel shall be welded to the existing reinforcing. Welding shall conform to AWS D12.1, Reinforcing Steel Welding Code. In general, use the same or matching materials as the existing adjacent surface. The finished closure shall be a smooth, tight, sealed, permanent closure acceptable to the ENGINEER.

3.6 CLEAN-UP

A. CONTRACTOR shall remove from the site all debris resulting from the demolition operations as it accumulates. Upon completion of the Work, all materials, equipment, waste, and debris of every sort shall be removed and premises shall be left, clean, neat and orderly.

+ + END OF SECTION + +

02110-1

SECTION 02110 CLEARING AND GRUBBING PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: The CONTRACTOR shall totally clear the area within the limits of the

sewer easement, including but not limited to brush, hedges and trees (unless designated as not to be disturbed on the plans or by direction of the OWNER), stumps, logs, pavement, and loose or projecting material as necessary to allow the construction work to be completed. The cleared debris and pavement shall be removed and disposed of off-site unless otherwise approved by the OWNER in writing.

B. Related Sections:

1. Section 02220, Excavation and Backfill. PART 2 – PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 CLEARING AND GRUBBING

A. All fences shall be temporarily removed where crossing the sewer easement, and shall be completely restored to their pre-construction condition to the satisfaction of the OWNER after construction work in the area of the fences have been completed. Materials used shall be equal to or better than the original materials in the fences.

3.2 SURVEY MONUMENTATION

A. Any and all survey monumentation encountered and removed during the course of construction must be put back in its original location at the completion of construction by a Registered Surveyor licensed to do business in the State of Kentucky.

3.3 BLASTING

A. No blasting is permitted.

02110-2

3.4 TEMPORARY CLOSURES

A. Temporary closures shall be erected, maintained and removed at the completion of construction where livestock are in evidence or where directed by the OWNER.

B. Trees designated as not to be disturbed shall be protected from harm by

machinery, materials or the construction work.

+ + END OF SECTION + +

02220-1

SECTION 02220 EXCAVATION AND BACKFILL PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals

required to perform all excavating, backfilling, filling and grading, and disposing of earth materials as shown, specified, and required for construction of structures, manholes, vaults, conduits, pipelines, roads, and other facilities required to complete the Work in every respect.

2. All necessary preparation of subgrade for slabs and pavements is included. 3. All temporary means needed to prevent discharge of sediment to water courses

from dewatering systems or erosion are included. 4. No classification of excavated materials will be made. Excavation includes all

materials regardless of type, character, composition, moisture, or condition thereof.

B. Related Sections: 1. Section 02050, Demolitions.

2. Section 02900, Landscaping. 1.2 QUALITY ASSURANCE

A. Tests: 1. Engage the services of a qualified testing laboratory to make tests and

determine acceptability of the fill or material as listed below. Laboratory shall be acceptable to ENGINEER.

2. Field quality control testing will be performed by OWNER’s testing service. CONTRACTOR shall give full cooperation to OWNER’s testing personnel so that the required tests can be taken in an efficient and timely manner.

3. Required Tests: a. Select Fill Samples: Gradation, ASTM D 422. b. General Fill Samples: Gradation, ASTM D 422; Atterberg Limits,

ASTM D4318 c. Compacted General Fill: Compaction, ASTM D 1556 and ASTM D 698,

ASTM D 2922. d. Compacted Select Fill, Drainage Fill, Subbase Material and Pipe Bedding:

Compaction, ASTM D 1556 and ASTM D 698, ASTM D 2922, ASTM D4253, ASTM D4254.

02220-2

B. Permits and Regulations: 1. OWNER will obtain all necessary permits for work in roads, rights-of-way,

railroads, etc. 2. CONTRACTOR shall obtain permits as required by local, state and federal

agencies for discharging water from excavations. 3. CONTRACTOR shall perform excavation work in compliance with applicable

requirements of governing authorities having jurisdiction.

C. Reference Standards: Comply with applicable provisions and recommendations of the following except as otherwise shown or specified. 1. ASTM A 36, Specification for Structural Steel. 2. ASTM A 328, Specification for Steel Sheet Piling. 3. ASTM D 422, Method for Particle-Size Analysis of Soils. 4. ASTM D 698, Standard Test Methods for Laboratory Compaction

Characteristics of Soils Using Standard Effort (12,400 ft – lbf/cu ft) (600 KN-m/cum).

5. ASTM D 1556, Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method.

6. ASTM D 2321, Practice for Underground Installation of Thermoplastic Pipe for Sewer and other Gravity – Flow Applications

7. ASTM D 2922, In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth).

8. ASTM D4253, Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table.

9. ASTM D4254, Standard Test Method for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density.

9. AISC Specifications for the Design, Fabrication, and Erection of Structural Steel for Buildings.

10. Kentucky Department of Highways (KDOH), Standard Specifications for Road and Bridge Construction, 2000 Edition.

11. OSHA Standard, Title 29, Code of Federal Regulations, Part 1926, Section .650 (Subpart P - Excavations).

D. Documentation of Existing Conditions 1. Videotape pre-construction conditions of project area and surrounding

structures with audible descriptions of observed conditions. 1.3 SUBMITTALS

A. Excavation Plan: Prior to start of excavation operations, submit written plan to demonstrate compliance with OSHA Standard 29 CFR Part 1926.650. As a minimum, excavation plan shall include: 1. Name of competent person. 2. Excavation method(s) or protective system(s) to be used. 3. Copies of "manufacturer's data" or other tabulated data if protective system(s)

are designed on the basis of such data.

02220-3

B. Shop Drawings: Submit for OWNER’s records, the following: 1. Sheeting and bracing, or other protective system(s). 2. Dewatering system. 3. Cofferdams. 4. Anticipated Protection Methods. 5. Underpinning. Shop Drawings shall be prepared by a licensed professional engineer recognized as expert in the specialty involved. Also submit for OWNER’s records, calculations and all other pertinent information. CONTRACTOR shall be responsible for designing, installing, operating and maintaining the system(s) as required to satisfactorily accomplish all necessary sheeting, bracing, protection, underpinning and dewatering.

C. Submit gradation and compaction test reports of all specified soil materials.

1.4 JOB CONDITIONS

A. Subsurface Information: Refer to Supplementary Conditions for Data on subsurface conditions. Data is not intended as a representation or warranty of continuity of conditions between soil borings nor of groundwater levels at dates and times other than date and time when measured. OWNER will not be responsible for interpretations or conclusions drawn therefrom by CONTRACTOR. Data are solely made available for the convenience of CONTRACTOR. 1. Additional test borings and other exploratory operations may be made by

CONTRACTOR at no cost to OWNER.

B. Existing Structures: The Drawings show certain surface and underground structures adjacent to the Work. This information has been obtained from existing records. It is not guaranteed to be correct or complete and is shown for the convenience of CONTRACTOR. CONTRACTOR shall explore ahead of the required excavation to determine the exact location of all structures. They shall be supported and protected from damage by CONTRACTOR. If they are broken or damaged, they shall be restored immediately by CONTRACTOR at his expense.

C. Existing Utilities: Locate existing underground utilities in the areas of Work. If

utilities are to remain in place, provide adequate means of protection during all operations. 1. Should uncharted or incorrectly charted piping or other utilities be encountered

during excavation, consult piping or utility owner immediately for directions as to procedure. Cooperate with OWNER and utility owner in keeping services and facilities in operation. Repair damaged utilities to satisfaction of utility owner.

2. In general, service lines to individual houses and businesses are not shown; however, CONTRACTOR shall assume that a service exists for each utility to each house or business.

02220-4

3. Do not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by ENGINEER and then only after acceptable temporary utility services have been provided.

4. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies for shut-off of services if lines are active.

D. Protection of Persons and Property: Barricade open excavations occurring as part of

the Work and post with warning lights. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 1. Protect structures, utilities, sidewalks, pavements, and other facilities from

damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations.

E. Dust Control: Conduct all operations and maintain areas of activity, including

sweeping and sprinkling of roadways, to minimize creation and dispersion of dust. Calcium chloride may also be used to control serious or prolonged dust problems if methods listed above are inadequate.

PART 2 - PRODUCTS 2.1 SOIL MATERIALS

A. Select Fill: 1. Place select fill where shown or specified below and around structures,

pipelines, roads, tanks, walks, and other work. 2. Use well graded sand and gravel, free from organic matter. A well-graded select

fill shall have a uniformity coefficient greater than 6 for sand and greater than 4 for gravel and have a coefficient of gradation between 1 and 3 for sand and gravel. Not more than 70 percent by weight shall pass through a No. 40 sieve; not more than 10 percent by weight shall pass through a No. 200 sieve; and 100 percent shall pass through a 3-inch square sieve.

3. Advise ENGINEER in writing of source and, if required, submit a sample of the material for approval.

B. Subbase Material: 1. Naturally or artificially graded mixture of natural or crushed gravel, crushed

stone, or natural or crushed sand, approved by ENGINEER. 2. Comply with the gradation conforming to Crushed Stone Base in Section 805

of the KDOH Standard Specifications for Road and Bridge Construction, 2000 Edition.

C. Drainage Fill: Gradation shall conform to the requirements for Free Draining

Bedding and Backfill in Section 805 of the KDOH Standard Specifications for Road and Bridge Construction, 2000 Edition.

02220-5

D. General Backfill and Fill Materials: Provide approved soil materials for backfill and fill, free of rock thicker than 6 inches or larger than 24 inches maximum in any dimension, debris, waste, frozen materials, vegetable and other organic matter and other deleterious materials. Previously excavated materials meeting these requirements may be used for backfill. All rock shall be excluded from fill within 24 inches of the pipe.

E. Riprap: Provide rock, broken concrete, or stone of sizes such that at least 85% of the

total material by weight is larger than a 6-inch but less than an 18-inch square opening. At least 50% of the total material by weight shall be larger than a 12-inch square opening. The material smaller than a 6-inch square opening shall consist predominantly of rock and shall be free of soil.

F. Pipe Bedding Material: 1. Place around pipe and compact for pipe bedding material. 2. Fill shall be clean natural or washed sand and gravel, crushed gravel or crushed

stone, free from cementitious substances and flat or flaky particles in an amount to cause caking, packing, yielding or uneven support for the pipe. Lime sand shall not be acceptable. All material shall be of such sizes that one-hundred percent (100%) passes the one and one half (1 ½) inch screen, 40% or less passes the No. 40 sieve, and ten (10) percent or less passes the No. 200 sieve.

3. Fill shall not consist of any organic soil or stone larger than 1½-inch in any dimension.

G. Low Strength Mortar:

1. Use for trench backfill where shown on the Drawings. 2. Description:

a. Low strength mortar shall consist of a mixture of cement, sand, fly ash, water and other materials approved by SD1.

3. Materials and Mixing Proportioning: a. Cement: 30 lbs. b. Fly Ash, Class F: 300 lbs. Do not allow the loss or ignition for Class F fly

ash to exceed twelve (12) percent. c. Natural Sand (S.S.D): 3,000 lbs. d. Water (Maximum): 550 lbs. Water used for the mixture shall be potable

and free of oil, salts, acid and other impurities that would have an adverse effect on the quality of the backfill material.

4. Properties: a. Average Compressive Strength:

1) 28 days: 50 to 100 psi b. For applications that require early opening to traffic or placement of

pavement as soon as possible, provide a mixture with the following properties: 1) Mixture bleeds freely within 10 minutes 2) Mixture shall support a 150-pound person within three (3) hours.

02220-6

H. Flash Fill: 1. Use for trench backfill where shown on the Drawings. 2. Description:

a. Be readily flowable to form around pipes, cables and other embedments in trenches.

b. Achieve a quick initial set to permit paving within 4 hours of placement. c. Achieve an initial strength capable of bearing traffic within 4 hours of

placement. d. Achieve an ultimate strength of no more than 100 psi so that material can

be re-excavated if necessary. 3. Materials:

a. Cement: None. b. Fly ash shall meet ASTM C-618, Class C or Class F, except that

requirement for moisture and pozzolanic activity are waived for Class F fly ash.

c. Sand shall be natural, recycled, or manufactured. Other filler materials may be used as a substitute with approval.

d. Water used for the mixture shall be potable and free of oil, salts, acid and other impurities that would have an adverse effect on the quality of the backfill material.

4. Properties: a. Resistance to Penetration (avg. at 4 hours): 400 psi. b. Coefficient of Permeability: 2.6x10-5 cm/sec. c. Unconfined Compressive Strength:

1) 3 Hours: 20 psi (1.44 tsf). 2) 28 Days: 70 psi (5.0 tsf). 3) 91 Days: 100 psi (7.2 tsf).

d. Atterberg Limits: Non plastic. e. pH (at one month): 11.16. f. Thermal Resistivity: 45 C-cm/w. g. Color: Tan.

5. Mixing Proportioning: a. ASTM C-618 Fly Ash: 400 lbs. b. Sand: 2930 lbs. c. Water: 430 lbs. d. Unit Weight (Fresh Weight): 135 lbs/cu. ft.

6. Product Name: a. Flashfill by Roth Ready Mix Concrete Co. b. Or equal.

02220-7

PART 3 - EXECUTION 3.1 INSPECTION

A. CONTRACTOR shall examine installation site, verify elevations, and observe conditions under which work is to be performed and notify ENGINEER of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER.

B. Provide ENGINEER with sufficient notice and with means to examine the areas and

conditions under which excavating, filling, and grading are to be performed. ENGINEER will notify CONTRACTOR if conditions are found that may be detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected in an acceptable manner.

3.2 SITE PREPARATION

A. Clear all areas to be occupied by permanent construction or embankments of all trees, brush, roots, stumps, logs, wood and other materials and debris. Clean and strip subgrades for fills and embankments of vegetation, sod, topsoil and organic matter. All waste materials shall be removed from site and properly disposed of by CONTRACTOR. Burning will not be permitted.

3.3 TEST PITS

A. Where shown or ordered by ENGINEER, excavate and backfill, in advance of construction, test pits to determine conditions or location of existing facilities. Perform all work required in connection with excavating, stockpiling, maintaining, sheeting, shoring, backfilling and replacing pavement for the test pits.

B. Payment for test pits ordered by ENGINEER will be paid for under a change order

per Article 10 of the General Conditions.

C. No separate payment will be made for test pits made by CONTRACTOR for his own use.

3.4 EXCAVATION

A. Perform all excavation required to complete the Work as shown, specified and required. Excavations shall include earth, sand, clay, gravel, hardpan, boulders, bedrock, pavements, rubbish and all other materials within the excavation limits.

B. Refer to Section 02222 for Rock Removal.

02220-8

C. Excavations for structures and pipelines shall be open excavations. Provide excavation protection system(s) required by ordinances, codes, law and regulations to prevent injury to workmen and to prevent damage to new and existing structures or pipelines. Unless shown or specified otherwise, protection system(s) shall be utilized under the following conditions. 1. Excavation Less Than 5 Feet Deep: Excavations in stable rock or in soil

conditions where there is no potential for a cave-in may be made with vertical sides. Under all other conditions, excavations shall be sloped and benched, shielded, or shored and braced.

2. Excavations More Than 5 Feet Deep: Excavations in stable rock may be made with vertical sides. Under all other conditions, excavations shall be sloped and benched, shielded or shored and braced.

3. Excavation protection system(s) shall be installed and maintained in accordance with drawings submitted under Article 1.3 above.

D. Where the structure or pipeline is to be placed below the ground water table, well

points, cofferdams or other acceptable methods shall be used to permit construction of said structure or pipeline under dry conditions. Dry conditions shall prevail until concrete has reached sufficient strength to withstand earth and hydrostatic loads and until the pipelines are properly jointed, tested and backfilled. In addition, protect excavation from flooding until all walls and floor framing up to and including grade level floors are in place and backfilling has begun. Water level shall be maintained below top of backfill at all times.

E. Pumping of water from excavations shall be done in such a manner to prevent the

carrying away of unsolidified concrete materials, and to prevent damage to the existing subgrade.

F. The elevation of the bottom of footings shown shall be considered as approximate

only and ENGINEER may request such changes in dimensions and elevations as may be required to secure a satisfactory footing. All structure excavations shall be hand-trimmed to permit the placing of full widths, and lengths of footings on horizontal beds. Rounded and undercut edges will not be permitted.

G. When excavations are made below the required grades, they shall be backfilled with

compacted gravel or concrete at the expense of CONTRACTOR. H. Excavations shall be extended sufficiently on each side of structures, footings, etc.,

to permit setting of forms, installation of shoring or bracing or the safe sloping of banks.

I. Subgrades: 1. General Requirements: The backfill shall be maintained at ±3% from optimum

moisture content. The compacted fill shall remain firm and intact under all construction operations. Mud, muck, and other soft or unsuitable materials shall be removed.

02220-9

2. Subgrade Requirements for Roadways: Compact to the degree specified in Section 207 of the KDOH Standard Specifications for Road and Bridge Construction, 2000 Edition.

3. Subgrade Requirements for Pipeline Trench Bottoms, Floor Slabs and Concrete Pads: Compact to at least 95% of the maximum Standard Proctor dry unit weight as determined by ASTM D 698.

4. Subgrade Requirements for Footing Foundations: Compact to at least 98% of the maximum Standard Proctor dry unit weight as determined by ASTM D 698.

5. Soft Subgrades: For subgrades which are otherwise solid, but which become soft or unsuitable on top due to construction operations, remove the soft and unsuitable material and replace with suitable backfill and recompact to the specified density.

6. Finished Elevation of Stabilized Subgrades: Do not place above subgrade elevations shown.

J. Stability of Excavations: 1. Sides of Excavations: Slope to comply with codes and ordinances of agencies

having jurisdiction. 2. Shoring and Bracing: Provide shoring and bracing where sloping is not

possible either because of space restrictions or stability of material excavated. 3. Safety: Maintain sides and slopes of excavations in a safe condition until

completion of backfilling. 4. Caving: If caving occurs outside the excavation area, backfill the resulting hole

in accordance with the requirements of this section after removing loose material.

K. Pipe Trench Preparation: Trench construction shall be per SD1 pipe bedding and

trench condition details as follows 1. No more than 200 feet of trench may be opened in advance of pipe laying. 2. Trench width shall be minimized to greatest extent practical but shall conform

to SD1’s standard trench details and the following: a. Flexible Pipe: Sufficient to provide room for installing, jointing and

inspecting piping, but a minimum of pipe barrel OD plus two feet for 36” and less diameter pipe. For pipe that is greater than 36” in diameter, the trench width shall be the OD of the pipe plus four feet.

b. Rigid Pipe: Sufficient to provide room for installing, jointing and inspecting piping, but a minimum of pipe barrel OD plus two feet for 36” and less diameter pipe. For pipe that is greater than 36” in diameter, the trench width shall be: OD + 2*(OD/6).

c. Enlargements at pipe joints may be made if needed by CONTRACTOR. d. Sufficient for shoring and bracing, or shielding and dewatering. e. Sufficient to allow thorough compaction of bedding material adjacent to

bottom half of pipe. f. Do not use excavating or compaction equipment, which requires the

trench to be excavated to excessive width.

02220-10

3. Depth of trench shall be as shown. If required by site conditions, depths may be revised.

4. Bedding material shall be carefully placed over the full trench width before the pipe is laid to a depth of at least 6-inches and compacted in maximum of 6-inch lifts over the full trench width. Where pipe is laid in rock excavation, depth of pipe bedding below the pipe shall be at least 6-inches for pipe 24-in. and smaller and 9-inches for pipe 30-in. and larger. After laying pipe, the balance of the bedding material and backfill shall be placed as described herein.

L. Material Storage: Stockpile satisfactory excavated materials in approved areas, until

required for backfill or fill. Place, grade and shape stockpiles for proper drainage. 1. Locate and retain soil materials away from edge of excavations. 2. Dispose of excess soil material and waste materials as specified hereinafter.

M. Where ENGINEER considers the existing material beneath the bedding material

unsuitable, CONTRACTOR shall remove same and replace it with compacted select fill or compacted pipe bedding material.

3.5 UNAUTHORIZED EXCAVATION

A. All excavation outside the lines and grades shown together with the removal and disposal of the associated material shall be at CONTRACTOR'S expense. Unauthorized excavations shall be filled and compacted with select backfill by CONTRACTOR at his expense.

3.6 AUTHORIZED UNDERCUTS

A. Subgrades for concrete structures and trench bottoms shall be firm, dense, and thoroughly compacted and consolidated; shall be free from mud and muck; and shall be sufficiently stable to remain firm and intact under the feet of the workers.

B. If in the course of excavation as determined by the ENGINEER, unstable soil is

encountered at the point of the bottom of the required excavation, the CONTRACTOR shall be authorized to undercut sufficiently to remove all the unstable soil to the limits specified by the ENGINEER.

C. The CONTRACTOR shall refill the undercuts with select backfill or pipe bedding material and compact same to the requirements set forth in paragraph 3.4.I, unless other means of refill are specified.

D. The cost of removing and disposing of the unstable material and providing refill

material shall be reimbursable to the CONTRACTOR at the contract unit price bid.

02220-11

3.7 DRAINAGE AND DEWATERING

A. General: 1. Prevent surface and subsurface water from flowing into excavations and from

flooding adjacent areas. 2. Remove water from excavation as fast as it collects. 3. Maintain the ground water level below the bottom of the excavation to provide

a stable surface for construction operations, a stable subgrade for the permanent work, and to prevent damage to the Work during all stages of construction.

4. Provide and maintain pumps, sumps, suction and discharge lines and other dewatering system components necessary to convey water away from excavations.

B. Standby Requirements for Dewatering: Provide standby equipment to ensure

continuity of dewatering operations.

C. Disposal of Water Removed by Dewatering System: 1. All dewatering flows are to be settled in siltation basins or directed through

filtering devices before discharge to stabilized sites, such as streams or sewers; not onto exposed soils, stream banks, or any other site where the flow could cause erosion.

2. Silt from construction operations shall not be permitted to enter the storm sewer system. When construction occurs near storm sewer inlets, erosion control measures such as inlet filters and hay bales shall be used to prevent silt from entering storm sewers.

3. Dispose of all water removed from the excavation in such a manner as not to endanger public health, property, or any portion of the Work under construction or completed.

4. Dispose of water in such a manner as to cause no inconvenience to OWNER, ENGINEER, or others involved in work about the site.

5. Convey water from the construction site in a closed conduit. Do not use trench excavations as temporary drainage ditches.

6. CONTRACTOR shall be responsible for complying with all regulatory agency rules pertaining to dewatering and obtaining permits, if required.

3.8 SHEETING, SHORING AND BRACING

A. General: 1. Used material shall be in good condition, not damaged or excessively pitted.

All steel or wood sheeting designated to remain in place shall be new. New or used sheeting may be used for temporary work.

2. All timber used for breast boards (lagging) shall be new or used, meeting the requirements for Douglas Fir Dense Construction grade with a bending strength not less than 1,500 psi or Southern Pine No. 2 Dense.

3. All steel work for sheeting, shoring, bracing, cofferdams etc., shall be designed in accordance with the provisions of the "Specifications for the Design,

02220-12

Fabrication and Erection of Structural Steel for Buildings", of the AISC except that field welding will be permitted.

4. Steel sheet piling shall be manufactured from steel conforming to ASTM A 328. Steel for soldier piles, wales and braces shall be new or used and shall conform to ASTM A 36.

5. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses.

6. Unless otherwise shown, specified, or ordered, all materials used for temporary construction shall be removed when work is completed. Such removal shall be made in a manner not injurious to the structure or its appearance or to adjacent Work.

7. Provide permanent steel sheet piling or pressure creosoted timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cutoff tops as required and leave permanently in place.

8. The clearances and types of the temporary structures, insofar as they affect the character of the finished Work, and the design of sheeting to be left in place, will be subject to the approval of ENGINEER; but CONTRACTOR shall be responsible for the adequacy of all sheeting, shoring, bracing, coffer-damming, etc.

9. Safe and satisfactory sheeting, shoring and bracing shall be the entire responsibility of CONTRACTOR.

B. Sheeting Left in Place:

1. Steel sheet piling shown to be left in place shall consist of rolled sections of the continuous interlocking type unless otherwise approved. The type and design of the sheeting and bracing shall conform to the above specifications for all steel work for sheeting and bracing. Steel sheeting designated to be left in place shall be new.

2. Steel sheet piling to be left in place shall be driven straight to the lines and grades as shown. The CONTRACTOR shall determine the grade to which the sheet piling shall be driven. The piles shall penetrate into firm materials with secure interlocking throughout the entire length of the pile. Damaged piling having faulty alignment shall be pulled and replaced by new piling.

3. Cut off piling left in place to the grades shown and remove the cut offs from the site.

4. Clean wales, braces and all other items to be embedded in the permanent structure, and ensure that the concrete surrounding the embedded element is sound and free from air pockets or harmful inclusions. Provisions shall include the cutting of holes in the webs and flanges of wale and bracing members, and the welding of steel diaphragm waterstops perpendicular to the centerline of brace ends which are to be embedded.

5. Subsequent to removal of the inside face forms, and when removal of bracing is permitted, cut back steel at least 2 inches inside the wall face and patch opening

02220-13

with cement mortar. Concrete shall be thoroughly worked beneath wales and braces, around stiffeners and in any other place where voids may be formed.

6. Portions of sheeting or soldier piles and breast boards which are in contact with the foundation concrete shall be left in place, together with wales and bracing members which are cast into foundation or superstructure concrete.

C. Removal of Sheeting and Bracing:

1. Remove sheeting and bracing from excavations. Removal shall be done so as to not cause injury to the Work. Removal shall be equal on both sides of excavation to ensure no unequal loads on pipe or structure.

2. Defer removal of sheeting and bracing, where removal may cause soil to come into contact with concrete, until the following conditions are satisfied: a. Concrete has cured a minimum of 7 days. b. Wall and floor framing up to and including grade level floors are in place.

3.9 TRENCH SHIELDS

A. Excavation of earth material below the bottom of a shield shall not exceed the limits established by ordinances, codes, laws and regulations.

B. When using a shield for pipe installation:

1. Any portion of the shield that extends below the mid-diameter of an installed rigid pipe (i.e. RCCP) shall be raised above this point prior to moving the shield ahead for the installation of the next length of pipe.

2. The bottom of the shield shall not extend below the mid-diameter of installed flexible pipe (i.e. Steel, DI, PVC, etc.) at any time and shall be raised above this point prior to moving the shield ahead for the installation of the next length of pipe.

C. When using a shield for the installation of structures, the bottom of the shield shall

not extend below the top of the bedding for the structures.

D. When a shield is removed or moved ahead, extreme care shall be taken to prevent the movement of pipe or structures or the disturbance of the compacted bedding for pipe or structures. Pipe or structures that are disturbed shall be removed and reinstalled as specified.

3.10 GENERAL REQUIREMENTS FOR BEDDING, BACKFILL, FILL AND

COMPACTION

A. Furnish, place and compact all fill and backfill required for structures and trenches and to provide the finished grades shown and specified, including but not limited to restoration of access roads, construction benches, etc. Unless otherwise specified, backfill and fill may be obtained from on-site sources. Additional materials, if required, shall be furnished from off-site sources at no additional cost to OWNER.

02220-14

B. Backfill excavations as promptly as Work permits, but not until completion of the following: 1. Acceptance by ENGINEER of construction below finish grade including

dampproofing, waterproofing, perimeter insulation, trench construction, and pipe and bedding installation.

2. Inspection, testing, approval, and recording of locations of underground utilities.

3. Removal of concrete formwork. 4. Removal of shoring and bracing. 5. Removal of trash and debris. 6. Permanent or temporary horizontal bracing is in place on horizontally

supported walls. 7. Placement of settlement plates.

C. Keep excavations dry during backfilling operations. Bring backfill around structures

and piping up evenly on all sides.

D. Do not allow levels of backfill against concrete walls to differ by more than 2 feet on either side of walls unless walls are adequately braced or all floor framing is in place up to and including grade level slabs.

E. Place select backfill material above pipe encasements and as bedding material for

pipelines that pass under structures, concrete pavements, or other pipelines. General backfill material may be used above pipe bedding material in other areas. Method of bedding pipe shall be as specified in Section 02610 and as shown on the Drawings.

F. Place all bedding in pipe trenches in horizontal layers not exceeding 6 inches in

depth up to a point 12-inches or more above the top of the pipe and thoroughly compact each layer along the full trench width before the next layer is placed.

G. Prior to the installation of pipes which are to be installed in fill sections, place the fill

as described herein, until a minimum height of 2 feet above the pipe is reached, unless otherwise required in other sections. The fill for the trench width shall then be excavated and the pipe installed, bedded, and backfilled. The remainder of the fill shall then be placed.

H. Control the water content of backfill and fill material during placement within the

range necessary to obtain the compaction specified. In general, the moisture content of the fill shall be within 3 percent of the optimum moisture content for compaction as determined by laboratory tests. Perform all necessary work to adjust the water content of the material to within the range necessary to permit the compaction specified. Do not place backfill or fill material when free water is standing on the surface of the area where the backfill or fill is to be placed. No compaction of backfill or fill will be permitted with free water on any portion of the material to be compacted.

02220-15

I. Do not place or compact backfill or fill in a frozen condition or on top of frozen material. Remove backfill or fill containing organic materials or other unacceptable material and replace with approved backfill material.

J. Perform Compaction of bedding, backfill and fill with equipment suitable for the

type of material placed and which is capable of providing the densities required.

K. Compacted bedding, backfill, and fill shall be compacted by at least two coverages of all portions of the surface of each lift by compaction equipment. One coverage is defined as the condition obtained when all portions of the surface of the material have been subjected to the direct contact of the compactor.

L. Test the effectiveness of the equipment selected by CONTRACTOR at the

commencement of compaction by construction of a small section of trench, backfill or fill within the area where material is to be placed. If tests on this section show that the specified compaction is not obtained, CONTRACTOR shall increase the number of coverages, decrease the lift thicknesses or obtain a different type of compactor. No additional cost to OWNER shall be incurred.

M. Perform backfill around structures using the specified procedures, except that within

10 feet of foundations and underground structures, light compaction equipment shall be used, with the gross weight of the equipment not exceeding 7,000 pounds. Provide equipment that is capable of the required compaction within restricted areas next to structures and around piping.

3.11 PIPE BEDDING AND BACKFILL

A. Bedding Pipe: Bed pipe as specified below. Piping refers to the main line pipe as well as any service laterals or connections to the mainline pipe. 1. Trench excavation, backfill, bedding materials and compaction

shall conform to the requirements of this Section 02220. 2. Excavate trenches below the pipe bottom by the amount specified

below. 3. Remove all loose and unsuitable material from the trench bottom

in accordance with 3.6, Authorized Undercuts. 4. Use pipe bedding material as specified in 2.1.F, Pipe Bedding

Material. 5. Where pipe is installed in a trench excavation, pipe bedding shall be

carefully placed and compacted over the full trench width before the pipe is laid. Depth of pipe bedding below the pipe shall be at least 6 inches for pipe 24-in. and smaller and 9 inches for pipe 30-in. and larger. After laying pipe, the balance of the bedding shall be placed as described herein.

6. Carefully and thoroughly compact all pipe bedding with equipment that achieves the degree of compaction specified in 3.14, Compaction Specifications.

02220-16

7. Excavate for bell holes in bedding carefully so as not to disturb the surrounding compacted material and lay pipe so that the bell does not bear on the bedding material beneath the bell.

8. Continue placement of bedding material around pipe. Place all bedding and backfilling in pipe trenches in horizontal layers not exceeding 6 inches in depth and thoroughly compact each layer before the next layer is placed. Bedding material shall be sliced or worked-in along the length of the pipeline during each 6-inch layer lift and then compacted.

9. No pipe shall be brought into position until the preceding length has been bedded and secured in its final position.

10. Bedding and initial backfill continues to 12 inches above the top of the pipe.

11. See Sewer Trench Compaction Detail that follows this section.

B. Normal Backfill

1. After the pipe sections have been embedded up to a point 12 inches or more above the top of the pipe, the pipe sections have been encased in concrete, or the structures or appurtenances have been constructed, as specified on the drawings, the remainder of the trench or excavated area shall be backfilled using trench or structure excavated material if it meets the requirements set forth under 2.1.D. General Backfill and Fill Materials. If the material does not meet these requirements, the trench or structure excavated material shall be wasted and suitable imported material shall be used for backfill.

2. Backfill shall be placed in horizontal loose lifts not exceeding 8 inches in thickness and shall be mixed and spread in a manner assuring uniform lift thickness after placing. Backfill shall then be compacted as specified under 3.11 Compaction Specifications up to existing ground level or finished grade level if same has been established.

C. Rock Backfill

1. Where the trench is located in areas from which rock had to be excavated in a quantity other than isolated stones, the excavated rock may be used as part of the backfill above a point 2 feet or more above the top of the pipe, or above a point 1 foot above pipe encasement, but shall not be used under pavement areas, unless specifically authorized by the ENGINEER.

2. The rock fragments used in the backfill shall not exceed rock thicker than 6 inches or

larger than 24 inches maximum in any dimension, shall not be dropped into the trench directly over the pipe centerline and shall be used with sufficient smaller dimensioned material so that voids between larger fragments shall be filled. Compaction shall meet the requirements specified under 3.11 Compaction

02220-17

Specifications up to existing ground level or finished grade level if same has been established.

3. Rock shall not be used in the top 12-inches of the backfill, except across creeks,

gullies, ravines or areas designated by the ENGINEER, where the rock may be used to the existing ground level as specified on the drawings.

D. Backfill Under Roadway

1. Backfill under the pavement work within a 1 horizontal to 1 vertical projection downward from the bottom edge of curb shall be low strength mortar as specified in Section 02220. After the pipe sections have been embedded up to a point 12-inches or more above the top of the pipe, the pipe sections have been encased in concrete, or the structures or appurtenances have been constructed, as specified on the drawings, the remainder of the trench or excavated area shall be backfilled low strength mortar.

2. Low strength mortar backfill shall be placed in horizontal lifts not exceeding

8 to 12 inches in thickness until fluid head subsides to prevent flotation of pipes. Low strength mortar backfill shall extend from top of pipe bedding material to pavement subgrade.

3.12 COMPACTION SPECIFICATIONS

A. Requirements based on material types are as follows:

1. Select Fill, Drainage Fill and Pipe Bedding: For fill and bedding beneath structures and foundations, compact granular materials that exhibit a well-defined moisture density curve to at least 98 percent of the standard proctor maximum dry density (ASTM D698). For all other fill and bedding, compact granular materials that exhibit a well-defined moisture–density curve to at least 95 percent (ASTM D698). Moisture-condition fill materials to within a range of two (2) percent below to three (3) percent above optimum moisture content (ASTM D698). Compact granular materials that do not exhibit a well-defined moisture-density curve to at least 85 percent relative density (ASTM D4253 and D4254) beneath structures and foundations, and to at least 75 percent relative density (ASTM D4253 and D4254) for all other areas.

2. Subbase Material: Compact granular materials that exhibit a well-defined

moisture-density curve to at least 100 percent (ASTM D698). Moisture-condition subbase material to within one (1) percent of optimum moisture contents (ASTM D698). Compact granular materials that do not exhibit a well-defined moisture density curve to at least 85 percent relative density (ASTM D4253 and D4254).

02220-18

3. General Fill and Backfill: Compact materials that exhibit a well-defined moisture density curve to at least 98 percent of the standard proctor maximum dry density (ASTM D698) beneath structures, foundations and the top one (1) foot below pavements, and at least 95 percent (ASTM D698) in all other areas. Moisture-condition fill materials to within a range of two (2) percent below to three (3) percent above optimum moisture content (ASTM D698). Compact granular or rock materials that do not exhibit a well-defined moisture-density curve to at least 85 percent relative density (ASTM D4253 and D4254) beneath structures and foundations, and to at least 75 percent relative density (ASTM D4253 and D4254) for all other areas.

B. If the specified densities are not obtained because of improper control of placement

or compaction procedures, or because of inadequate or improperly functioning compaction equipment, or because of soil moisture content, the CONTRACTOR shall perform whatever work is required to provide the required densities. This work shall include complete removal of unacceptable bedding, backfill or fill areas, and replacement and recompaction until acceptable densities are provided.

C. CONTRACTOR shall repair, at his own expense, any Settlement that occurs within

the construction area. He shall make all repairs and replacements necessary within 30 days after notice from ENGINEER or OWNER.

3.13 EMBANKMENTS

A. To the maximum extent available, use excess earth obtained from structure bench and trench excavations for construction of embankments. Obtain additional material from borrow pits as necessary. After preparation of the embankment area, level and roll the subgrade so that surface materials of the subgrade will be compact and well bonded with the first layer of the embankment. All material deposited in embankments shall be free from rocks or stones, more than 6 inches thick or larger than 24 inches in maximum dimension, brush, stumps, logs, roots, debris, and organic or other objectionable materials. Construct embankments in horizontal layers not exceeding 8 inches in uncompacted thickness. Spread and level material deposited by excavating and hauling equipment prior to compaction. Thoroughly compact each layer by rolling or other method acceptable to the ENGINEER to at least 98 percent of the maximum density within two (2) to three (3) percent of optimum moisture content as determined by ASTM D 698 beneath structures and foundations, and 95 percent (ASTM D698) in all other areas. If the material fails to meet the density specified, compaction methods shall be altered. Wherever a trench passes through a fill or embankment, the fill or embankment material shall be placed and compacted to an elevation 24 inches above the top of the pipe before the trench is excavated.

02220-19

3.14 STRUCTURE FILL

A. Provide structure fill in the following locations: 1. Support for structure foundations where CONTRACTOR excavates below

design subgrade shall be provided at CONTRACTOR'S expense. 2. Support below and around piping and foundations. 4. Subgrade for roads and pavements. 5. Restoration of construction benches and access roads.

B. Subgrade surface shall be level, dry, firm and subject to ENGINEER'S approval. Do

not place fill if any water is on the surface of area to receive fill. Do not place or compact fill in a frozen condition or on top of frozen material.

C. Place fill in horizontal loose lifts of 8 inches maximum thickness. It shall be mixed

and spread in a manner to assure uniform lift thickness after placing.

D. Compact each layer of fill before placement of the next lift. E. Do not use fill containing topsoil, rubble, debris, wood or other organic matter. Fill

containing unacceptable material shall be removed and disposed of.

F. The water content of the fill being compacted shall be within the range of two (2) percent below to three (3) percent above the optimum moisture content of the material. CONTRACTOR shall wet or dry the fill materials during placement to achieve water contents needed for effective compaction.

G. Perform compaction of fill with equipment suitable for the type of fill material being

placed. Select equipment, which is capable of providing the densities, required and submit selection of the equipment to ENGINEER for approval.

H. Compact each layer of fill material by at least two complete coverages of all portions

of the surface of each lift using approved compaction equipment. One coverage is defined as the condition reached when all portions of the fill lift have been subjected to the direct contact of the compacting surface of the compactor.

I. The minimum density to be obtained in compacting the structural fill shall be

98 percent of the standard Proctor maximum dry density (ASTM D698) beneath structures and foundations, and 95 percent (ASTM D698) in all other areas. If the field and laboratory tests indicate unsatisfactory compaction, CONTRACTOR shall provide the additional compaction necessary to obtain the specified degree of compaction. All additional compaction work shall be performed by CONTRACTOR at no additional cost to OWNER until the specified compaction is obtained.

J. Structure fill necessary to replace subgrade materials disturbed and softened as a

result of CONTRACTOR'S operations or to backfill unauthorized excavation shall be provided, placed and compacted at CONTRACTOR'S expense.

02220-20

3.15 GRADING

A. General: Uniformly grade areas within limits of grading under this Section, including adjacent transition areas. Smooth subgrade surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades.

B. Grading Outside Building Lines: Grade areas adjacent to building lines to drain

away from structures and to prevent ponding. Finish surfaces free from irregular surface changes, and as follows: 1. Turfed Areas or Areas Covered with Gravel, Stone, Wood Chips, or Other

Special Cover: Finish areas to receive topsoil or special cover to within not more than 1 inch above or below the required subgrade elevations.

2. Walks: Shape surface of areas under walks to line, grade and cross-section, with finish surface not more than 1 inch above or below the required subgrade elevation.

3. Pavements: Shape surface of areas under pavement to line, grade and cross-section, with finish surface not more than 1/2 inch above or below the required subgrade elevation.

C. Grading Surface of Fill Under Building Slabs: Grade smooth and even, free of

voids, compacted as specified, and to required elevation. Provide final grades within a tolerance of 1/2-inch when tested with a 10-foot straightedge.

D. Compaction:

1. After grading, compact subgrade surfaces to the depth and percentage of maximum density for each area classification.

3.16 PAVEMENT SUBBASE COURSE

A. General: Place subbase material, in layers of specified thickness, over ground surface to support pavement base course. 1. See other sections of Division 2 for paving specifications.

B. Grade Control: During construction, maintain lines and grades including crown and

cross-slope of subbase course.

C. Shoulders: Place shoulders along edges of subbase course to prevent lateral movement. Construct shoulders of acceptable soil materials, placed in such quantity to compact to thickness of each subbase course layer. Compact and roll at least a 12-inch width of shoulder simultaneously with compacting and rolling of each layer of subbase course.

02220-21

D. Placing: Place subbase course material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting subbase material during placement operations. 1. When a compacted subbase course is shown to be 6 inches thick or less, place

material in a single layer. When shown to be more than 6 inches thick, place material in equal layers, except no single layer more than 6 inches or less than 3 inches in thickness when compacted.

3.17 DISPOSAL OF EXCAVATED MATERIALS

A. Material removed from the excavations which does not conform to the requirements for fill or is in excess of that required for backfill shall be hauled away from the project site by the CONTRACTOR and disposed of in compliance with ordinances, codes, laws and regulations at no additional cost to the OWNER.

3.18 RESTORING AND RESURFACING EXISTING ROADWAYS AND FACILITIES

A. Place 1-1/2 inches of temporary bituminous pavement immediately after backfilling trenches in paved roadways, which are to be retained for permanent use. Maintain the surface of the paved area over the trench in good and safe condition during progress of the entire Work, and promptly fill all depressions over and adjacent to the trench caused by settlement of backfilling. The permanent replacement pavement shall be equal to that of the existing roadways unless otherwise specified.

B. Pavement, gutters, curbs, sidewalks or roadways disturbed or damaged by the

CONTRACTOR'S operations shall be restored by him at his own expense to as good condition as they were previous to the commencement of the Work and in accordance with applicable local and state highway specifications.

3.19 TEMPORARY FENCING

A. Furnish and install a temporary fence surrounding excavations and work area. Fence shall have openings only at vehicular, equipment and worker access points.

B. The fence shall be a chain-link enclosure as described in Section 02831.

3.20 ENVIRONMENTAL PROTECTION AND RESTORATION

A. CONTRACTOR shall be responsible for complying with all regulatory requirements pertaining to environmental protection and restoration. CONTRACTOR shall follow all erosion control design provisions shown in the Erosion Prevention and Sediment Control Plan, drawings, and specifications. CONTRACTOR shall provide, install, and maintain additional erosion and sediment control measures as necessary to retain disturbed sediments on-site.

02220-22

B. All disturbed areas of the site shall be stabilized. Stabilization shall begin within 7 days on areas of the site where construction activities have permanently or temporarily (for 30 days or more) ceased. When snow cover causes delays, stabilization shall begin as soon as possible. Stabilization practices include seeding, mulching, placing sod, planting trees or shrubs, and using geotextile fabrics and other appropriate measures.

3.21 FIELD QUALITY CONTROL

A. Quality Control Testing During Construction: The OWNER’s testing service must inspect and approve subgrades and fill layers before construction work is performed thereon. Tests of subgrades and fill layers shall be taken as follows: 1. Footing Subgrade: For each strata of soil on which footings will be placed,

conduct at least one test to verify required design bearing capacities. Subsequent verification and approval of each footing subgrade may be based on a visual comparison of each subgrade with related tested strata, when acceptable to ENGINEER.

2. Paved Areas and Building Slab Subgrade: Make at least one field density test of subgrade for every 2000 square feet of paved area or building slab, but in no case less than 3 tests. In each compacted fill layer, make one field density test for every 2000 square feet of overlaying building slab or paved area, but in no case less than 3 tests.

3. Compacted bedding material beneath and around pipe in trenches: Make at least one field density test of compacted bedding at the start of the project to ensure CONTRACTOR’s method of compacting the bedding is meeting the compaction requirements. OWNER shall periodically call for tests of bedding compaction as the Work progresses and if the CONTRACTOR’s pipe placement operations differ from proper procedures.

B. If testing service reports or inspections show subgrade, fills, or bedding compaction

are below specified density, CONTRACTOR shall remove any unacceptable materials as necessary and replace with specified materials and provide additional compaction at the CONTRACTOR’s sole expense until subgrades, bedding, and backfill are acceptable as specified herein. The costs for the retesting of these subgrade, fills, or bedding materials that did not originally meet the specified density shall be paid by the CONTRACTOR.

+ + END OF SECTION + +

02222 - 1

SECTION 02222

ROCK REMOVAL PART 1 – GENERAL 1.01 WORK INCLUDED

A. The CONTRACTOR shall excavate rock, if encountered, as required to perform the required work, and shall dispose of the excavated material, and shall furnish acceptable material for backfill in place of the excavated rock.

B. CONTRACTOR shall utilize blasting if required and specified otherwise

rock shall be removed by a suitable mechanical method.

C. In general, rock in pipe trenches shall be excavated so as to be not more than 6 inches below the invert of the pipe after it has been laid.

D. No additional payment will be made for rock excavation.

1.02 References

A. NFPA 495 – Explosive Materials Code

B. Commonwealth of Kentucky Department of Mines and Minerals, Laws and Regulations Governing Explosives and Blasting.

1.03 REGULATORY REQUIREMENTS

A. Comply with Federal, State, and Local Regulations and National Codes on the purchase, transportation, storage, and use of explosive material. Federal Regulations and National Codes include but are not limited to the following: 1. Storage, security, and accountability: Bureau of Alcohol, Tobacco,

and Firearms (BATF): 27 CFR Part 181. 2. Shipment: DOT, 49 CFR Parts 171-179, 390-397. 3. Safety and Health: OSHA 29 CFR Part 1926, Subpart U. 4. Transportation and Storage: NFPA 495, Chapters 3 through 6. 5. Kentucky Department of Mines and Minerals code for explosive

disintegration of rock.

B. Obtain permits from local authorities having jurisdiction before explosives are brought to site or drilling is started.

02222 - 2

1.04 DEFINITIONS

A. Rock: A naturally occurring hard inorganic material that is in-situ. Rock may be either of sedimentary, igneous, or metamorphic origin, and is solid, bedded, jointed or fractured, and cannot be removed without ram hammering or systematic drilling and blasting; and boulders, masonry or concrete, except pavement, exceeding 1 cubic yard volume.

B. Blaster in Charge (BIC): One competent, experienced person shall be

specifically designated as Blaster-in-Charge (BIC); the BIC shall be in charge of explosives and blasting operations.

C. Explosives and Initiating Devices: Explosives and initiating devices

include, but are not limited to, dynamite and other explosives, slurries, water gels, emulsions, blasting agents, initiating explosives, detonators, and detonating cord.

D. Shot: Explosive charge designed to fracture rock when detonated.

1.05 QUALITY ASSURANCE

A. Prepare blasting plan in accordance with applicable regulatory requirements. Obtain written approval before bringing any explosives and initiating devices to the jobsite and beginning blasting. The blasting plan is for quality control and record keeping purposes. The review of the blasting plan does not relieve the Contractor of the responsibility for using existing drilling and blasting technology and for obtaining the required results in a safe manner. The blasting plan shall include, but not be limited to the following minimum requirements: 1. Part 1: Include a complete summary of proposed transportation,

handling, storage, safety precautions, and use of explosives and initiating devices, and include the name of the Blaster in Charge (BIC), who will supervise and be responsible for blasting operations, written evidence of past experience and competency, and a minimum of three references for that person.

2. Part 2: Shall contain the general concept for the blasting, including the following minimum requirements:

a. Typical plan and section view of the drill pattern for controlled blast holes, and production blast holes as necessary. Indicate stations or coordinates for the areas to be shot and number of holes. Show the free face, burden, hole diameters, depths, spacings, inclinations, and depth of subdrilling if any.

b. Individual blast hole loading pattern diagram for each type of shot anticipated showing:

02222 - 3

(1) Location of each hole. (2) Maximum dimensions for width, length, depth of

shot. (3) Amount of each type of explosive in each hole

including primer and initiators. (4) Location, type, and depth of stemming.

c. Initiation and delay methods, delay times and overall power factor.

d. Manufacturer’s data sheets for all explosives and initiating devices.

e. Controls of noise, dust, fly rock, airblast and vibrations. f. Data necessary to support the adequacy of the

Contractor’s proposed efforts regarding the safety of structures and slopes.

g. Information on test blasts (planned by the Contractor or) required by the regulatory authorities.

B Videotape preblast conditions with audible descriptions of observed

conditions. Provide and install vibration monitors and sensors at designated locations in accordance with blasting plan.

C. Blasting and liability insurance in accordance with Kentucky Department

of Highway (KDOH) and Sanitation District No. 1 (OWNER) requirements.

D. Comply with local and state safety codes in effect at the time of the work,

observe the recommendations set forth in Employers Mutual, Factory Mutual or Associated General Contractors safety manuals and shall be completely responsible for all blasting operations.

E. Blasting shall only be done by a Kentucky certified blaster and will be

referred to herein as the BIC. The BIC shall maintain documentation of current license at the site for review by regulatory authorities and OWNER.

F. Explosives and caps shall be kept in separate locked metal boxes, painted

a bright color and stenciled with approved warning signs. When not in use, explosives and caps shall be stored in separate magazines. Whenever a blast is made, signals warning persons of danger shall be given in ample time. Suitable timber or steel blasting mats shall be used over blast area to confine all material lifted by blasting.

G. Excessive blasting or overshooting will not be permitted. Any material

outside the authorized excavation limits which is shattered or loosened by blasting shall be removed at the CONTRACTOR’S expense. The OWNER shall have the authority, with notice, to order blasting stopped if

02222 - 4

the method or amount is causing overshooting or is dangerous to life or destructive to property.

H. Preparation: Provide security, notification of adjacent owners, warning

signs, guards, clearances, and other protective measures and procedures necessary to this project.

I. Protection: Protect existing features and facilities from damage,

movement or gas-induced pressures. Make proper use of blasting mats and other protective devices, adopting additional precautions necessary to prevent damage to trees, shrubs, and other landscape features, buildings, utilities, monuments, and other structures. Should damage occur, make restoration as required by the OWNER at no additional cost to the OWNER.

1.06 SCHEDULING

Requirements: Schedule blasting between the hours of 8 A.M. and 5 P.M., and only on weekdays.

PART 2 – PRODUCTS 2.01 MATERIALS

A. Explosives: Type recommended by explosives firm and required by authorities having jurisdiction.

B. Delay devices: Type recommended by explosives firm and conforming to

state regulations.

C. Blasting mat materials: Type recommended by explosives firm and conforming to state regulations.

PART 3 – EXECUTION 3.01 PREBLAST STRUCTURE SURVEY

A. Perform a preblast survey to determine and document with pictures the condition of adjacent structures, utilities, wells, buried cables, and other features within a minimum of 400 ft. of the blast area unless otherwise required by applicable regulatory authorities. Determine safe distances to structures or other facilities according to NFPA 495, Appendix B. Where facilities are closer than these distances, and natural barriers are not present, or when the amount of explosive cannot be reduced economically,

02222 - 5

blasting mats shall be used. Provide mats to protect environmentally sensitive areas, trees within 20 feet from the blasting area, streams, and rock formations from throw rock.

B. Purpose of survey is to document existing condition of structures prior to

blasting, and is intended to be used as evidence in ascertaining whether and to what extent damage may have occurred as result of blasting.

C. Conduct survey prior to start blasting.

D. Record information for each structure surveyed:

1. Age and type of construction. 2. Location and character of cracks. 3. Evidence of settlement and leakage. 4. Other pertinent information.

E. Record preblast survey information on forms prepared specifically for

preblast surveys. F. Supplement written records with photographs or videotape recordings.

G. Submit copies of written records and photographs or videotapes to

respective property owner, as well as, OWNER and ENGINEER, prior to start of blasting.

3.02 BLAST DESIGN

A. Design each blast to avoid damage to existing facilities, adjacent property, and completed Work. Consider effects of blast-induced vibrations and air blast, and fly rock potential in design of each blast.

B. Whenever peak particle velocity exceeds vibration limits, change design

of subsequent blasts, as necessary to reduce peak particle velocity to within limits established by BIC.

C. Whenever air blast exceeds limits, change design of subsequent blasts or

provide controls necessary to reduce air blast to within specified limits. 3.03 VIBRATION LIMITS

A. General: Establish appropriate maximum limit for air blast for each structure or facility that is adjacent to or near blast sites. Base maximum limits on expected sensitivity of each structure or facility to air blast, and federal, state, or local regulatory requirements, but not to exceed 0.015 psi peak overpressure (133 decibels).

02222 - 6

3.04 AIR-BLAST LIMITS

A. Establish appropriate maximum limit for air blast for each structure or facility that is adjacent to or near blast sites. Base maximum limits on expected sensitivity of each structure or facility to air blast, and federal, state, or local regulatory requirements, but not to exceed 0.015 psi peak overpressure (133 decibels).

3.05 FLY ROCK CONTAINMENT

A. Where fly rock may damage existing facilities, adjacent property, or completed Work, cover area to be blasted with blasting mats or provide other means that will contain and prevent scattering of blast debris.

3.06 VIBRATION AND AIR-BLAST MONITORING

A. Monitor and record blast-induced vibrations and air blast using suitable sensors and recording equipment for each blast.

B. Seismograph Requirements:

1. Designed for monitoring blast-induced vibrations and air blast. 2. Capable of recording particle velocity in three mutually

perpendicular directions in range from 0 to 6 inches per second. 3. Flat vibration frequency response between 4- and 200-Hz. 4. Capable of recording air-blast overpressure up to 140 decibels. 5. Flat air-blast frequency response between 2- and 500-Hz.

C. Monitor on, or at, structures or other facilities that are closest to point of

blasting. Monitoring more distant facilities that are expected to be sensitive to blast-induced vibrations and air blast.

D. BIC shall supervise establishment of monitoring programs and initial

operation of equipment; review interpretation of records and recommend revisions of blast designs.

E. Include following information in blasting plan.

1. Vibration and air-blast limits as recommended by BIC. 2. Name of qualified BIC who will be responsible for monitoring

program and interpretation of records. 3. Types and models of equipment proposed for monitoring. 4. Numbers and locations of proposed monitoring stations. 5. Procedures to be used for coordinating recording of each blast. 6. Steps to be taken if blasting vibrations or air blast exceed limits.

02222 - 7

3.07 EXPLOSIVES

The CONTRACTOR shall keep explosives on the site only in such quantity as may be needed for the Work under way and only during such time as they are being used. Notify the OWNER, in advance, of provisions to store and use explosives.

3.08 BLASTING PRECAUTIONS

A. Permission for any deviation from the blasting plan and other specified restrictions shall be secured from the OWNER and applicable authorities, in writing; however, permission for any such deviations shall not relieve the CONTRACTOR from any responsibility in the event of damage to buildings, structures or utilities.

B. All operations involving explosives shall be conducted with all possible

care to avoid injury to persons and property. Blasting shall be done only with such quantities and strengths of explosives and in such a manner as will break the rock approximately to the intended lines and grades and yet will leave the rock not to be excavated in an unshattered condition. Care shall be taken to avoid excessive cracking of the rock upon or against which any structure will be built, and to prevent injury to existing pipes or other structures and property above or below ground. Rock shall be well covered with logs or mats, or both, where required. Sufficient warning shall be given to all persons in the vicinity of the Work before a charge is exploded.

C. The CONTRACTOR shall be solely responsible for his blasting

operations. The CONTRACTOR shall not hold the OWNER and/or the ENGINEER liable for any damages resulting from his blasting operations on this project.

3.09 BLASTING RECORDS

A. For each blast, document the following: 1. Location of blast in relation to Project stationing or state plane

coordinate system and elevation. 2. Date and times of loading and detonation of blast. 3. Name of person in responsible charge of loading and firing. 4. Details of blast design, as previously specified. 5. Vibration records including location and distance of seismograph

geophones to blast and to nearest structure, and measured peak particle velocity. Report peak particle velocity in units of inches per second.

02222 - 8

6. Air-blast records. Report peak air blast values in units of pounds per square inch overpressure above atmospheric or in decibels at linear response.

7. Comments by BIC regarding damage to existing facilities, adjacent property, or completed Work, misfires, fly rock occurrences, unusual results, or unusual effects as required.

3.10 SUSPENSION OF BLASTING

A. In event damage to existing facilities, adjacent property, or completed Work occurs due to blasting, immediately suspend blasting and report damage to ENGINEER and OWNER. CONTRACTOR shall be responsible for all costs of repairs or replacement due to damage from blasting.

B. Before resuming blasting operations, adjust design of subsequent blasts, or

take other appropriate measures to control effects of blasting, and submit complete description of proposed changes for reducing potential for future damage.

C. Do not resume blasting until authorized by OWNER and applicable

regulatory authorities. 3.11 ROCK REMOVAL – MECHANICAL METHOD

A. Excavate and remove rock by the mechanical method. Drill holes and utilize mechanical impact to fracture rock.

B. In utility trenches, excavate 6 inches below invert elevation of pipe and

24 inches wider than pipe diameter.

C. Stockpile excavated materials and reuse select materials for site landscaping. Remove and dispose of excess materials offsite at approved location.

D. Correct unauthorized rock removal in accordance with backfilling and

compacting requirements of Section 02220. 3.12 PAYMENT

Rock excavation shall be bid incidental to the Work and will not be paid for separately.

++ END SECTION ++

02400- 1

SECTION 02400

TUNNELING, JACKING AND BORING

PART 1 – GENERAL 1.1 DESCRIPTION

A. Scope: CONTRACTOR shall provide all labor, materials, equipment, supervision and incidentals required to furnish and install casing pipe and carrier pipe as shown on the Plans or specified herein. 1. The CONTRACTOR’s attention is directed to the methods

described herein and shown on the drawings for installing the casing pipe below existing facilities. They are jacking and boring method.

2. Horizontal and vertical tolerance for the crossings shall be limited to the requirements herein. Should the tolerances be exceeded, it shall be at the option of the OWNER to: accept the installation; abandon the installation at the CONTRACTOR’s expense and require a new installation; or require a combination of hand-mined tunnel and casing pipe at the CONTRACTOR’s expense.

B. Coordination: CONTRACTOR shall carefully coordinate work at

crossings to avoid existing utilities.

C. Related Work Specified Elsewhere: 1. Section 02220, Excavation and Backfill. 2. Section 03300, Cast-In-Place Concrete.

1.2 QUALITY ASSURANCE

A. Installer’s Qualifications and Experience: 1. Installer shall be a specialist in the construction of casing pipes by

jacking, and boring and shall have at least 5 years experience in this specialty. Installer shall have satisfactorily constructed completely in his own name, during the past 5 years not less than ten similar installations which are comparable in diameter and length to that shown and specified herein.

2. The CONTRACTOR chosen to perform this work shall present evidence to prove to the satisfaction of the OWNER and ENGINEER that his company and the superintendent he will employ for this Project have experience in boring and jacking through ground similar to that found on the Project. The CONTRACTOR shall keep such a superintendent continuously employed until the boring and jacking work is completed.

02400- 2

3. Use only personnel thoroughly trained and experienced in the skills required. The field supervisor of boring operations and the boring machine operator shall have not less than 12 months experience in the operations of the equipment being used.

4. Welds shall be made only by experienced welders, tackers and welding operators who shall have at least 10 years experience in this specialty. Welders previously qualified by tests as prescribed in the American Welding Society, AWS D.1.1 to perform the type of work required are adequate but a certified welder is not required.

5. Perform topographical surveys prior to the beginning of any excavation in the area and upon completion of the carrier pipe installation and backfilling. CONTRACTOR shall restore all existing surface and sub-surface facilities damaged due to measurable settlement at no additional cost to the OWNER.

6. See additional requirements for vibration, movement and crack monitoring. (To be determined on a Project by Project basis depending on proximity to nearby structures.)

B. Permits:

1. Where permits are required, the OWNER shall be responsible to obtain and pay for all permits, insurance and bonds required completing the work.

2. The CONTRACTOR shall obtain copy of the permits and be familiar with all necessary requirements of the agencies having jurisdiction prior to starting any boring or jacking operations. Adequate means shall be provided and dewatering shall be performed prior to excavation to keep the work free from water.

C. Requirements of Regulatory Agencies: Comply with the OSHA

Standards, Underwriter Laboratories, Kentucky Transportation Cabinet and all other authorities having jurisdiction.

D. Tolerances 1. The casing pipes shall be installed on the lines and grades shown

on the Plans and within tolerances required to allow the sewer pipe to be installed in accordance with the lines and grades shown on the plans.

2. The maximum allowable tolerances are as follows: a. Allowable Horizontal Tolerance (ft): To be determined on a

project by project basis depending on specific requirements of project.

b. Allowable Vertical Tolerance (ft): To be determined on a project by project basis depending on specific requirements of project.

3. Refer to paragraph 3.1, herein.

02400- 3

E. Reference Standards: 1. ANSI B36.10, Welded and Seamless Wrought Steel Pipe. 2. ASTM A 53, Standard Specification for Pipe, Steel, Black and

Hot-Dipped, Zinc-Coated, Welded and Seamless. 3. ASTM A 106, Standard Specification for Seamless Carbon Steel

Pipe for High Temperature Service. 4. ASTM A 139, Electric-Fusion (ARC Welded) Steel Pipe. 5. ASTM A 153, Zinc-Coating (Hot Dip) on Iron and Steel

Hardware. 6. ASTM A 252, Welded and Seamless Steel Pipe Piles. 7. ASTM A 307, Carbon Steel Bolts and Studs, 60,000 psi Tensile

Strength. 8. ASTM A 1011, Steel, Sheet and Strip, Hot-Rolled, Carbon,

Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, and Ultra-High Strength

9. AREA Chapter 1, Part 4, “Jacking Culvert Pipe through Fills”. 10. AREA Chapter 1, Part 5, “Specification for Pipelines Conveying

Non-Flammable Substances”. 11. AWS D1.1, Structural Welding Code. 12. OSHA.

1.3 SUBMITTALS

A. Installation Methods: Before starting work, the CONTRACTOR shall submit drawings and descriptions showing methods and equipment for the excavation of the jacking pits and installation of the casing pipes and the carrier pipe for approval by the OWNER. The CONTRACTOR shall prepare a report of anticipated construction method information, dewatering methods, jacking pit elevations and profile of proposed bore. The report shall be submitted to the OWNER.

B. Technical data, test reports, work schedules and any other information

required by the authority having jurisdiction.

C. Certificates: Certificate of Conformance in accordance with paragraph 21.1. of ASTM A139.

1.4 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Delivery: 1. Exercise special care during delivery not to damage the casing

pipe, exterior coatings, and carrier pipe. 2. Damaged materials will be rejected by the OWNER’S Project

Representative and replaced by the CONTRACTOR at his expense.

02400- 4

3. Deliver materials to such locations so as to avoid excessive handling.

4. The OWNER is not responsible for accepting shipments of any kind.

B. Storage:

1. Store casing pipe and carrier pipe on approved blocking for protection from corrosion until incorporation into the Work in accordance with manufacturer’s recommendation.

2. Store in areas shown on the Plans or as approved by the OWNER’S Project Representative.

3. The OWNER shall be permitted access to inspect the materials in storage areas.

C. Handling:

1. Handle materials in a manner so as to avoid damage. 2. Materials damaged during handling shall be repaired or replaced as

ordered by the OWNER’S Project Representative. 1.5 JOB CONDITIONS

A. Subsurface Information: 1. The ENGINEER has not prepared a subsurface investigation

report. 2. CONTRACTOR shall refer to the Supplementary Conditions for

requirements on subsurface information. 3. Data on subsurface conditions is not intended as a representation or

warranty of continuity of such conditions between soil borings. ENGINEER will not be responsible for interpretation or conclusions drawn therefrom by CONTRACTOR.

4. Additional test borings and other exploratory operations may be made by CONTRACTOR at no cost to OWNER.

B. Existing Structures: The Drawings show certain existing facilities and

surface and underground structures located on or adjacent to the Work. This information has been obtained from existing records. It is not guaranteed to be correct or complete and is shown for the convenience of CONTRACTOR. CONTRACTOR shall explore ahead of the required Work to determine the exact location of all structures. They shall be supported and protected from damage by CONTRACTOR. If they are broken or damaged, they shall be restored immediately by CONTRACTOR at his expense.

C. Existing Utilities: Locate existing underground utilities in the areas of

Work. If utilities are to remain in place, provide adequate means of protection during all operations.

02400- 5

1. Should uncharted or incorrectly charted piping or utilities be encountered during Work, consult 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 satisfaction of utility owner.

2. Do not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by ENGINEER and then only after acceptable temporary utility services have been provided.

3. Coordinate with utility companies for shut-off of services, if required and the lines are active.

4. See additional requirements specified on the Contract Drawings.

D. Protection of Persons and Property: Barricade open excavations occurring as part of this Work. Obtain approval of OWNER prior to use of warning lights. Operate warning lights during hours from dusk to dawn each day and as otherwise required, per approval of OWNER.

Protect structures, utilities, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations.

E. Topographic mapping shown on plan/profile drawings was derived using photogrammetric survey methods. The mapping should be regarded as accurate within normal tolerance for 2-foot contour interval photogrammetric mapping as of the date of photography.

F. The ground profiles and vertical alignments shown on plan/profile

drawings are derived from the topographic mapping and therefore are approximate.

G. Use of Explosives: Do not bring explosives onto site or use in the Work.

Use of explosive materials is specifically prohibited.

H. Dust Control: CONTRACTOR shall conduct all operations and maintain the area of activities, including sweeping and sprinkling of roadways, so as to minimize creation and dispersion of dust. Calcium chloride shall be used to control serious or prolonged dust problems, subject to approval of ENGINEER.

I. All excavations shall be sheeted, shored and braced as required to prevent

subsurface subsidence. Refer to Section 02220 for additional requirements.

J. Boring pits shall be kept dewatered, and pumps shall be attended on a

24-hour basis, if conditions so require. Close observation shall be

02400- 6

maintained to detect any settlement or displacement of facilities during dewatering operations. Dewater into a sediment trap and comply with applicable environmental protection criteria specified elsewhere in these Contract Documents.

K. Maintain the air in the pipe, when hand excavating, in a condition suitable

for the health of workmen at all times. 1.6 GUARANTEE

A. Guarantee of Work completed by the CONTRACTOR shall be as

specified in the General Conditions of these specifications, except that longer periods may be required where noted in the permits or specified by applicable authorities.

PART 2 – PRODUCTS 2.1 MATERIALS

A. Steel Casing Pipe: 1. Casing pipe shall be steel pipe meeting the requirements herein. 2. Unless otherwise called for, casing pipe shall be smooth-wall steel

pipe of welded steel construction conforming to ASTM A-139, Grade B, with butt welded joints when more than one length is used. The steel casing pipe shall be of new material with a minimum yield point of 35,000 psi.

3. Sections of the casing pipe shall be welded together to form a continuous conduit capable of resisting all stresses, including jacking stresses. Welding of the steel casing pipe shall be solidly butt-welded with a smooth non-obstructive joint inside. Casing pipe shall be designed for earth cover shown on the Drawings and live load including impact equal to HS-20 wheel loading for roadway crossings.

4. Minimum wall thickness shall be 0.500 inch. This needs to be checked on a project specific basis to limit deflection to less than 5 percent. Inside diameter shall be 4 inches minimum greater than outside diameter of gravity sewer or force main at joints or couplings.

5. If the casing pipe is furnished in sections and requires field welding, then it shall be furnished with plain ends, mill beveled for field butt welding. Field welded joints shall be performed by experienced welders as specified in paragraph 1.2.A.4 above and be full penetration single-vee groove, butt type welds around the entire circumference of the pipe. All welding shall receive testing as specified in section 15051, paragraph 3.3.B.2. Copies of test reports shall be submitted to the OWNER.

02400- 7

6. Coatings: 1. The exterior surface of the casing pipe shall receive surface

preparation conforming to SSPC-SP6. One of the following coating systems shall be applied in the shop: a. Kop-Coat, Carboline Co.

1) Primer: Kop-Coat 340 gold primer – 1 coat, 2 to 4 dry mils.

2) Finish: Bitumastic 300 M – 2 coats, 8 to 10 dry mils per coat.

b. Tnemec: 1) Primer: 37H Chem-Prime HS – Coat, 2.0 to 3.5 dry

mils. 2) Finish: Tnemec-Tar – 2 coats, 8.0 to 10.0 dry mils

per coat. c. Or equal.

2. The interior surface of the casing pipe is not required to be coated, but all rust and corrosion shall be removed at the shop and prior to installation.

3. The exterior surfaces of each welded joint after welding is complete shall be coated in the field prior to jacking with the same material used to coat the pipe in the shop. CONTRACTOR shall coordinate coating application and drying time with coating manufacturer to ensure coating has cured properly prior to jacking the pipe.

7. CONTRACTOR may use a mechanical joint type pipe in lieu of welded joints. The pipe joint shall be flush with the inside and outside diameter. The joints shall be manufactured by Permalok Corporation or ENGINEER approved equal.

B. Carrier Pipe: Inside tunneling or casing pipe, all carrier pipe shall be

harnessed or restrained with casing spacers.

C. Casing Spacers and End Seals.

PART 3 – EXECUTION 3.1 GENERAL

A. Installation of the crossings shall be by jacking and boring and shall

conform in all respects to the requirements contained herein and other applicable standards.

B. Lines and Grades: The CONTRACTOR is responsible for establishing

and maintaining proper line and grade at each crossing.

02400- 8

1. The CONTRACTOR shall periodically check his line and grade to assure conformance with line and grade shown on the Plans and within the tolerances indicated in this Section.

2. Extra work required because of the CONTRACTOR’S failure to maintain the proper line and grade, as shown on the Plans, shall be performed, by the CONTRACTOR, at no additional cost to the OWNER.

3. The casing pipe and currier pipe in its final position shall be straight and true in alignment and grade, as indicated on the drawings. Sufficient deviation from line or grade, in the opinion of the OWNER or ENGINEER, shall be justification for disapproving the installation. No space shall be left unfilled between the earth and the outside of the casing.

3.2 INSPECTION

A. As required by the OWNER, Sanitation District No. 1 of Northern

Kentucky Representative; or other regulatory authority.

3.3 PREPARATION

A. Work pits at each end of the crossings shall be sufficiently large to permit satisfactory installation of the casing pipe or tunnel liner plates. All excavation, backfill, sheeting, shoring, bracing, and dewatering shall comply with the applicable requirements of Section 02220 of these Specifications and the requirements of the applicable authorities.

B. All pits and their locations necessary in the performance of this work shall

be acceptable to the OWNER, ENGIENER, and the agency having jurisdiction prior to starting work. All pits shall be adequately sheeted to protect the work, all persons, and adjacent property. The CONTRACTOR shall provide all additional shields, headers, or stabilization of the pit faces to prevent settlement or damage to the areas above the casing. The CONTRACTOR shall be completely responsible and liable for protecting the work and adjacent property and for any damages that may result due to insufficient stabilization.

C. The CONTRACTOR shall dispose of excess excavated material or drilling

mud/cuttings in an approved upland disposal site. 3.4 INSTALLATION

A. Installation of Steel Casing Pipe by Jacking:

1. Install in accordance with current American Railroad Engineering Association Specifications requirements.

02400- 9

2. Design bracing and backstops and use jacks of sufficient rating such that jacking can be accomplished in a continuous manner until the leading edge of the pipe reaches the final positions shown on the Plans.

3. If voids develop around the casing pipe as it is jacked, pump cement grout to fill all such voids, or fill by other means acceptable to the OWNER’S Project Representative.

4. Fill all voids as specified hereafter as soon as possible after completion of jacking operation.

B. Installation of Steel Casing Pipe by Boring:

1. The boring method shall consist of pushing the pipe into the fill with a boring auger rotating inside the pipe to remove the soil.

2. Provide the front of the casing pipe with suitable mechanical arrangements or devices that will positively prevent the auger and cutting head from leading the pipe so that there will be no unsupported excavation ahead of the pipe.

3. The equipment and mechanical arrangements or devices used to bore and remove the earth shall be removable from within the casing pipe in the event an obstruction is encountered.

4. The face of the cutting edge shall be arranged to provide reasonable obstruction to the free flow of soft or poor soil.

5. Do not use water or other liquids to facilitate casing emplacement or spoil removal.

6. If voids develop around the casing pipe as it is bored, pump cement grout to fill all such voids, or fill by others means acceptable to the OWNER’S Project Representative.

7. Fill all voids as specified hereinafter as soon as possible after completion of boring operation.

C. Obstructions: If an obstruction is encountered during installation to stop

the forward action of the casing pipe, and it becomes evident that it is impossible to advance the pipe, the CONTRACTOR shall continue the casing pipe by hand tunneling and installation of tunnel liner plates. The continuation by the tunneling method shall be at the CONTRACTOR’S expense and at no additional cost to the OWNER.

D. Installation of the Gravity Sewer: 1. After completion of the tunnel or steel casing pipe, the Gravity

Sewer pipe shall be installed and pressure tested by an approved method.

2. Care shall be taken to prevent undue disturbances of the joints. 3. The sewer pipe shall be laid on the line and grade shown on the

Plans. 4. The sewer pipe shall be blocked in place, using stainless steel

casing spacers as specified in Section 15051.

02400- 10

5. The sewer pipe shall be installed with casing spacers in a centered/restrained position.

6. The CONTRACTOR shall repair, replace or take whatever action is deemed necessary by the OWNER to correct all disturbed joints at no additional cost to the OWNER.

E. End Seals:

1. After the sewer pipe is installed in the steel casing, and successfully pressure tested, construct end seals as shown on the Plans and as specified herein.

2. Prior to the installation of end seals, the sewer pipe shall be properly and sufficiently secured against flotation and against all movement, which would disturb joints. a. The CONTRACTOR shall be responsible for all joints. b. The CONTRACTOR shall repair, replace, or take whatever

action is deemed necessary by the OWNER’S Project Representative to correct all disturbed joints at no additional expense to OWNER.

F. Corrosion Control:

1. Provide coatings per this Section and as indicated on Drawings.

G. Dewatering: 1. Dewatering shall be performed in accordance with the criteria

specified in Sections 02220 and 15051.

++ END OF SECTION ++

02521-1

SECTION 02521 CONCRETE SIDEWALKS PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as

shown, specified and required to furnish and install concrete sidewalks. 2. Provide concrete sidewalks in the areas shown on the Drawings or if existing

concrete sidewalks are disturbed or damaged by the CONTRACTOR during the construction operations as determined by the OWNER.

3. Limits of replacement shall be as determined by the OWNER to restore disturbed or damaged areas to before construction conditions. No additional payment to the CONTRACTOR will be made by the OWNER for this repair Work and shall be incidental to the Contract Work.

4. Types of Work covered by these specifications are as follows: a. Conventionally formed or machine formed sidewalk. b. The thickness and extent of sidewalk as shown.

B. Related Sections:

1. Section 02220, Excavation and Backfill. 2. Section 03300, Cast-In-Place Concrete.

1.2 QUALITY ASSURANCE

A. Reference Standards: Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. 1. ASTM D1190, Specification for Concrete Joint Sealer, Hot Poured Elastic type. 2. ASTM D994, Specifications for Preformed Expansion Joint Filler for Concrete.

B. Applicator Qualifications: Minimum of two years installing sidewalks.

1.3 SUBMITTALS

A. Samples: Submit for approval the following: 1. Samples, manufacturer's product data, test reports and material certifications as

required in referenced Sections for concrete Work.

02521-2

PART 2 - PRODUCTS 2.1 MATERIALS

A. Reinforcing Bars and Welded Wire Fabric: Deformed steel bars and smooth wire fabric shall comply with requirements of Section 03300, Cast-in-Place Concrete.

1. Furnish wire fabric in flat sheets, not rolls.

B. Concrete Materials: Comply with requirements of applicable Section 03300, Cast-in-Place Concrete, for formwork, concrete materials, admixtures, bonding materials, curing materials and others as required.

C. Expansion Joint Material: Comply with requirements of Section 03300,

Cast-in-Place Concrete, for preformed expansion joint fillers. 2.2 CONCRETE MIX, DESIGN AND TESTING

A. Comply with requirements of applicable provisions of Section 03300, Cast-in-Place Concrete, for concrete mix design, sampling and testing, and quality control.

B. Design the mix to produce concrete having properties of compressive strength, slump

range and air content as specified in Section 03300. PART 3 - EXECUTION 3.1 INSPECTION

A. CONTRACTOR and his installer shall examine the substrate and the conditions under which Work is to be performed and notify ENGINEER of unsatisfactory conditions. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER.

B. Verify that earthwork is completed to correct line and grade.

C. Check that subgrade is smooth, compacted, and free of frost and excessive moisture.

D. Do not commence work until conditions are satisfactory.

3.2 SUBBASE MATERIAL

A. Place below sidewalks, properly wet and compact to the thickness shown. B. Subbase material shall meet the gradation and requirements of Section 02220 for

subbase material.

02521-3

3.3 FORM CONSTRUCTION

A. Set forms to line and grade. Install forms over full length of sidewalk. 3.4 REINFORCEMENT

A. Locate, place, and support reinforcement as specified in Section 03300, unless otherwise shown. Size of reinforcement shall be as shown or specified by the OWNER or governing authority.

3.5 CONCRETE PLACEMENT

A. General: Comply with the requirements of Section 03300 for mixing and placing concrete, and as specified.

B. For sidewalks, place concrete in one course, monolithic construction, for the full

width and depth of walks.

C. Machine Formed: Automatic sidewalk machine may be used for forming, at CONTRACTOR's option. Concrete shall have properties as specified in Section 03300, except that maximum slump shall be 2-1/2 inches and air content shall be 2 percent of design. Machine forming shall produce sidewalks to the required cross-section, lines, grades, finish, and jointing, as specified for conventionally formed concrete. If results do not conform to requirements remove and replace.

3.6 JOINTS

A. General: Construct expansion, contraction, and construction joints with faces perpendicular to surface of the sidewalk. Construct transverse joints at right angles to the Work centerline and as shown.

B. Contraction Joints: Provide these joints at 5 feet on centers for sidewalks.

C. Construction Joints: Place joints at locations where placement operations are

stopped for a period of more than 1/2-hour, except where such pours terminate at expansion joints.

D. Expansion Joints: Provide 1/2-inch expansion joint filler where Work abuts

structures; at returns; and at 30-foot spacing for straight runs. If sidewalk is not poured monolithically, provide expansion joints where each abuts the other. 1. Place top of expansion joint material not less than 1/2 inch or more than 1 inch

below concrete surface. Apply joint sealer on top of expansion joint material flush with concrete surface, and in accordance with manufacturer's instructions.

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3.7 CONCRETE FINISHING

A. Smooth the exposed surface by screeding and floating.

B. Work edges of sidewalks and transverse joints; and round to 1/4-inch radius.

C. Complete surface finishing by drawing a fine-hair broom across surface, perpendicular to line of traffic.

3.8 CURING

A. Protect and cure finished concrete sidewalks, complying with applicable requirements of Section 03300.

3.9 REPAIR AND CLEANING

A. Repair or replace broken or defective sidewalk.

B. Sweep Work and wash free of stains, discolorations, dirt and other foreign material. + + END OF SECTION + +

02606-1

SECTION 02606 MANHOLES PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown on the Design Drawings, specified herein and required to furnish and install all precast and cast-in-place manholes, air release manholes and bypass pumping vaults.

B. General:

1. Manholes shall conform in shape, size, dimensions, material, and other respects to the details shown or as approved by ENGINEER.

2. Cast-iron frames, grates and covers shall be as specified in Section 05540.

3. Concrete for cast-in-place manholes and for inverts in precast manholes shall conform to the requirements specified under Section 03300.

4. Floor access hatch covers for air release manholes shall be as specified in Section 05536.

C. Related Sections:

1. Division 2 Sections on Earthwork. 2. Section 03300, Cast-In-Place Concrete. 3. Section 05540, Castings. 4. Division 15 Sections on Piping.

1.2 QUALITY ASSURANCE

A. Reference Standards: 1. ASTM C 33, Standard Specification for Concrete Aggregate. 2. ASTM C 76, Class III Reinforced Concrete Pipes. 3. ASTM C 443, Specifications for Joints for Circular Concrete

Sewer and Culvert Pipe, using Rubber Gaskets. 4. ASTM C 478, Specification for Precast Reinforced Concrete

Manhole Sections. 5. ASTM C 579, Standard test method for compressive strength of

chemical resistant mortars, grouts, monolithic surfacing and polymer concretes.

6. ASTM C 857, Standard Practice for Minimum Structural Design Loading for underground Precast Concrete Utility Structures.

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7. ASTM C 923, Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals.

8. ASTM D 695, Standard Test Method for Compressive Properties of Rigid Plastics.

9. ASTM D 790, Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials.

10. ASTM C 990, Standard Specification for Joints for Concrete Pipe, Manholes, Precast Box Sections Using Preformed Flexible Joint Sealants.

11. ASTM C 1244, Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test Prior to Backfill.

12. ASTM D 1737, Test Method for Elongation of Attached Organic Coatings with Cylindrical Mandrel Apparatus

13. ASTM D 2240, Standard Test Method for Rubber Property 14. ASTM D 412, Standard Test Methods for Vulcanized Rubber and

Thermoplastic Elastomers Tension 15. ASTM D 4161, Standard Specification for Fiberglass (Glass-Fiber-

Reinforced Thermosetting-Resin) Pipe Joints Using Flexible Elastomeric Seals.

16. ASTM D 6783, Standard Specification for Polymer Concrete Pipe. 17. ASTM F 477, Specification for Elastomeric Seals (gaskets) for

Joining Plastic Pipe. 18. ASTM 4060, Test Method for Abrasion Resistance of Organic

Coatings by the Taber Abraser 19. ASTM 4541, Standard Test Method for Pull Off Strength of

Coatings using Portable Adhesion Testers 20. AWWA C 110, Ductile-Iron and Gray-Iron Fittings, 3 in. through

48 in., for Water and Other Liquids. 21. AWWA C 111, Rubber-Gasket Joints for Ductile-Iron Pressure

Pipe and Fittings.AWWA C 115, Flanged Ductile-Iron Pipe with Threaded Flanges.

22. AWWA C 151, Ductile-Iron Pipe, Centrifugally Cast, for Water or Other Liquids.

23. AWWA C 302, Reinforced Concrete Pressure Pipe, Noncylinder Type, for Water and Other Liquids.

1.3 SUBMITTALS

A. Shop Drawings: Submit for approval the following: 1. Design Drawings showing design and construction details of all

precast concrete and cast-in-place manholes including details of joints between the manhole bases and riser sections and stubs or openings for the connection of sewers. Design Drawings shall show invert elevations of all pipe connections entering and leaving the manhole

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along with flowline slope across the base. Design Drawings shall also show the delta angles for all points of intersection, except where more than one line intersects at the same manhole. Where more than one line intersects, the angles relating all lines shall be shown. All angles shall be shown to the nearest second.

2. Manufacturer’s name for all precast structures.

B. Submit a laying schedule of each manhole showing elevations and manhole components to be used from base to casting.

C. For manhole interior linings, submit a description of the method and

materials required to line the manhole. Submit a Material Data Safety Sheet (MSDS) for each product used in the lining. A CIGMAT evaluation shall be submitted, if required. Submittals shall also include, as required, work procedures for flow diversion plans and methods/materials used for repair of leaks and cracks in manholes. If required, submit calculations for the round manhole lining that demonstrate hoop strength under maximum hydrostatic conditions. The calculation shall assume zero liner adhesion to the existing structure, but assume lateral support from the existing wall. The calculated hoop stress shall be less than 11% of the compressive strength as determined by appropriate ASTM test method. Submit a final installation report on manholes that have been lined.

PART 2 - PRODUCTS 2.1 PRECAST CONCRETE MANHOLES, AIR RELEASE MANHOLES, AND

BYPASS PUMPING VAULTS

A. General: 1. Precast manholes shall conform to the details shown on the Standard

Details. 2. Concrete shall be minimum 4,000 psi compressive strength. 3. Except where otherwise specified precast manhole components shall

consist of reinforced concrete pipe sections especially designed for manhole construction and manufactured in accordance with ASTM C 478 except as modified herein. a. Standard Manholes shall be six (6) feet or more in depth,

measured from the base of the cover frame to the invert of the outlet and shall be concentric cone-type, top construction as shown on the Design Drawings.

b. Shallow Manholes shall be less than six (6) feet in depth, measured from the base of the cover frame to the invert of the outlet and shall be of flat-top construction as shown on the Design Drawings.

4. Precast, reinforced concrete manhole bases, riser sections, flat slabs

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and other components shall be manufactured by wet cast methods only, using forms which will provide smooth surfaces free from irregularities, honeycombing or other imperfections.

5. All precast manhole components shall be of approved design and of sufficient strength to withstand the loads imposed upon them. They shall be designed for a minimum earth cover loading of 130 pounds per cubic foot, an H-20 wheel loading, and an allowance of 30 percent in roadways and 15 percent in rights-of-way for impact.

6. Precast concrete manhole sections (including eccentric and concentric cones, risers and grade rings) shall conform to ASTM C 478 except sections deeper than 12 feet shall have reinforcing equal to that of ASTM C76 Class III reinforced concrete pipes, unless otherwise noted on the Design Drawings.

7. Lifting holes, if used in manhole components, shall be tapered, and no more than two shall be cast in each section. Tapered, solid rubber plugs shall be furnished to seal the lifting holes. The lifting holes shall be made to be sealed by plugs driven from the outside face of the section only.

8. Mark date of manufacture, manhole number as shown on the Design Drawings, and name or trademark of manufacturer on inside of barrel.

B. Manhole Bases Sections:

1. Precast concrete manhole base sections shall be "monolithic", consisting of base slab and base riser (barrel) section. a. If floatation is found to occur based on the Design Engineer’s

review, precast base sections shall be furnished with an integral anti-flotation footing, thickness as specified hereinafter, extending trench bank-to-bank as shown in the Standard Details (minimum 8” projection).

b. Precast concrete manhole base slab thickness shall comply with the following schedule: 0.0’ – 15.0' Vertical Height - 8" Slab 15.1' – 20.0' Vertical Height - 10" Slab 20.1' – 25.0' Vertical Height - 12" Slab 25.1' – 30.0' Vertical Height - 14" Slab

c. Manholes over 30 feet shall be designed by a Professional Engineer registered in the State of Kentucky. Submittals shall be provided to SD1 for review & approval. d. Manhole bases shall have two cages of reinforcing steel in their walls, each of the area equal to that required in the riser sections. Wall thickness shall not be less than 5 inches. e. There should be a minimum of twelve (12”) inches between the outside diameters of all pipe penetrations in the base section. f. Base riser shall extend a minimum twelve (12) inches above the top of the highest pipe in the base.

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2. Flow channel (invert) and apron (bench) shall be poured separately at the point of manufacture to the dimensions shown on the Design Drawings. a. The flow channel through manholes should be made to conform in shape and slope to that of the sewers. b. Invert shall be smooth and semi-circular in cross-section of

the same diameter of the pipe leaving the manhole. c. Changes of direction of flow or sewer centerline within the

manhole shall be made by forming the flow channel along a smooth curve with as long radius as the inside of the manhole will allow.

d. Bench shall slope toward invert at not less than one (1) inch per foot.

3. All precast base sections with pipe openings shall be furnished with ASTM C 923 pipe-to-manhole connector gaskets as specified hereinafter.

C. Manhole Barrel Sections:

1. Manhole barrel sections shall have reinforcing steel in their walls, Wall thickness shall not be less than 5 inches.

2. The barrel of the manhole shall be constructed of various lengths of riser pipe manufactured in increments of one foot to provide the correct height with the fewest joints. Openings in the barrel of the manholes for sewers or drop connections will not be permitted closer than one foot from the nearest joint. Special manhole base or riser sections shall be furnished as necessary to meet this requirement.

3. The barrel sections shall be of the height required, but not less than one (1) foot in height. No opening shall be cut into a barrel section, the maximum dimension of which exceeds one-half (1/2) the section height.

4. Joints between manhole components shall be the tongue and groove. The circumferential and longitudinal steel reinforcement shall extend into the tongue and groove ends of the joint without breaking the continuity of the steel. Joints between the base sections, riser sections and top slabs of manholes 72 inches in diameter and less shall be rubber and concrete joints. Joints for manhole components greater than 72 inches in diameter shall be provided with steel bell and spigot rings.

5. Precast manhole section joints shall be joined with one of the following products:

a. ASTM C 443, a single, continuous rubber O-ring gasket and shall conform to AWWA C302.

b. ASTM C-990, flexible butyl resin sealant such as Conseal CS-102, CS-202 as manufactured by Concrete Sealants, Inc.

c. Hamilton-Kent “Kent-Seal No. 2” d. K.T. Snyder Co. “Rub’r-Nek”

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e. Press Seal Gasket “E-Z Stik” 6. All precast barrel sections with pipe openings shall be furnished with

ASTM C 923 pipe-to-manhole connector gaskets as specified hereinafter.

D. Cone Sections and Top Slab: 1. A precast concentric cone or precast top slab shall be provided at the

top of the manhole barrel to receive the cast iron frame and cover or floor access hatch cover as shown on the Design Drawings. Eccentric cones will be evaluated on a case by case basis.

2. Cone sections and top slabs shall be designed for an H-20 wheel loading, and an allowance of 30 percent in roadways and 15 percent in rights-of-way for impact.

3. Cone sections for standard manholes shall have a minimum 8” thick upper walls and shall not exceed 3’-0” in height.

4. Concrete top slabs shall not be less than 8 inches thick.

E. Drop Manhole: 1. Drop Manholes shall conform to all provisions specified herein, with

the additional requirements for the drop pipe as shown on the Design Drawings.

2. The drop pipe shall be of the same material and diameter as the inlet sewer pipe used.

3. Drop pipe shall be totally enclosed in concrete, formed, with a minimum covering dimension of six (6) inches.

4. No drop pipes shall be allowed inside of the manholes, unless otherwise approved by SD1.

5. Base shall be cast to support drop connection.

F. Acceptable Manufacturers 1. Aerocrete. 2. Sherman Dixie. 3. KOI. 4. Hanson. 5. or equal.

2.2 PRECAST EPOXY RESIN MANHOLES A. General:

Polymer concrete manholes may be installed in lieu of lined concrete manholes. Polymer concrete manholes shall be manufactured in accordance with ASTM D 6783. 1. Design:

a. Manholes shall be designed to withstand all live loads and dead loads as described in project plans and specifications.

b. Dead loads shall include overburden load, soil side pressure

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and hydrostatic loading conditions. c. Manholes shall also be designed to resist buoyancy for the

project conditions. d. Compressive strength: Pipe shall have a minimum

unconfined compressive strength of 13,000 psi when measured in accordance with ASTM C 579.

B. Materials:

Resin: The manufacturer shall use only polyester resin systems designed for use with this particular application. 1. Filler: All aggregate, sand and quartz powder shall meet the

requirements of ASTM C 33, where applicable. 2. Additives: Resin additives, such as curing agents, pigments, dyes,

fillers and thixotropic agents, when used, shall not be detrimental to the manhole.

3. Elastomeric Gaskets: Gaskets shall be suitable for the service intended. All gaskets shall meet the requirement of ASTM F 477.

C. Manufacturing and Product Construction

1. Manholes: Manhole components shall be manufactured by the vibratory vertical casting process resulting in a dense, non-porous, corrosion-resistant, homogeneous, composite structure. Manhole bases shall be designed to withstand flotation from groundwater or floodwater and movement from high velocities and/or directional changes in flow. The flow channel, benches and inverts must also be of the same material as the manhole, integral within the manhole and installed by the manhole manufacturer and as shown on the standard manhole details drawing.

2. Joints: a. The manhole components shall be connected with a

compatible epoxy bonding agent or an elastomeric sealing gasket as the sole means to maintain joint water-tightness.

b. Joints at pipe tie-ins shall be ASTM C923 flexible pipe-to-manhole connector gaskets, as specified in Section 2.4. Joints shall be watertight. The connector gaskets shall be integral with the manhole wall. Walls shall have sufficient thickness to install the connector within the hole cored in the manhole wall. Pipe stubs cast into the manhole through the wall to provide the additional wall thickness are not acceptable and will not be allowed.

3. Fittings: a. Cones, reducer slabs, base slabs and adjusting rings shall be

of the same material as adjoining riser sections. b. Fittings shall be manufactured elastomeric gaskets, epoxy

bonding or fiberglass overlay. 4. Manhole Steps:

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a. Furnish steel-reinforced polypropylene steps as specified in Section 2.6.

b. No steps shall be aligned over the flow channel. c. Step spacing is 16” as indicated on the Standard Drawings.

5. Acceptable manufacturer: Manufacturer of pipe and fittings shall employ manufacturing methods and material formulations in use for a minimum of ten years.

a. Meyer Rohr +Schacht GmbH. b. or equal.

2.3 MISCELLANEOUS METALS

A. Metal frames, covers, floor access hatch covers, steps, toe pockets and similar required items shall be provided as shown on the Design Drawings and in accordance with Division 5 Sections on Metal Fabrications.

2.4 FLEXIBLE PIPE JOINT SEAL

A. A flexible pipe joint seal shall be provided in the connection of pipe to manholes and other miscellaneous structures. The rubber seal shall meet the requirements given in ASTM C 923. The seal shall be of a size specifically designed for the pipe size and material.

B. All connecting elements of the seal shall be Type 304 stainless steel.

C. Flexible pipe joint seal shall allow for pipe alignment of up to fifteen (15)

degrees deflection.

D. Pipes entering manholes that do not have existing flows and have slopes greater than twenty –six (26) percent shall have fittings (22.5 or 11.25 degree bends) installed immediately outside the manhole.

E. If a flexible pipe joint seal is provided at each manhole wall penetration and

the pipe is not rigidly locked into the manhole wall through grouting or other methods, then the 12” maximum pipe stub shown in the SD1 Standard Drawing No. 113 is not required.

F. Acceptable Products: 1. Kor-N-Seal by NPC, Inc. 2. A-Lok by A-LOK Products, Inc. 3. Dura-Seal III by Dura-Tech 4. Or equal.

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2.5 MANHOLE COATINGS AND LININGS

A. Interior Lining 1. Where a force main connects to an existing manhole, that manhole

and at least the next three (3) manholes downstream shall be lined with a corrosion resistant monolithic lining conforming to SD1’s Technical Specifications. SD1 may also require existing manholes up to one (1) mile downstream of the new force main discharge be similarly lined on a case-by-case basis. The cover on the force main discharge manhole shall be a solid lid (not vented). SD1 may require that additional downstream vented manhole lids be replaced on a case-by-case basis.

Any existing manholes to be lined shall be inspected by the

DESIGN ENGINEER and SD1 to determine the conditions of the manholes and confirm if the manholes are suitable for lining. If in the opinion of SD1, the existing manholes cannot be lined, then the manholes shall be replaced.

B. Any concrete manhole designated to be lined on the Design Drawings must

have a liner selected from one of the three types listed below or the Epoxy Resin type (Deduct Alternate) specified in section 2.2 above. 1. Type 1 - Cured-in-place PVC composite liner

a. As a minimum the manhole liner systems shall be composed of a multiple layered composite. The primary layer shall be manufactured from 20 mils PVC with 10 ounce per square yard polyester fleece. The surface hairs of the fleece must be embedded in the molten PVC during the manufacturing process of the PVCP laminate. Glued laminates are not allowed.

b. The fibrous body will be impregnated with a modified epoxy resin. Add fiberglass and resin, for additional liner

thickness.

PVCP20-10=86 mills. (20 mill PVC & 10 oz Fleece). (i.e. no fiberglass). PVCP20-28=88 mills. (20 mill PVC, 10 oz Fleece and 18 oz Fiberglass). PVCP20-34=110 mills. (20 mill PVC, 10 oz Fleece & 24 oz Fiberglass). PVCP20-custom mills (20 mill PVC, 10 oz Fleece & Fiberglass as required).

c. Liner Thickness: The anticipated hydrostatic head “h” in feet above the bottom of the invert and the Radius “R” in feet of the structure shall determine the necessary liner thickness “t” in mils according to the calculation: t = 3.32 x R x h.

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Contractor shall calculate “t” for all manholes and provide these calculations to the Owner as part of the liner submittal.

d. Liner shall be PVCP, Multiplexx™ Liner System or approved equal. Manholes receiving an interior lining shall have a polypropylene ladder in lieu of steps. i. Ladder shall be Lane Vault Ladder or equal.

2. Type 2 – SPECTRASHIELD a. The lining system shall be composed of a multi-layered stress skin

palled liner system and installed in accordance with the manufacture’s specifications. The components are described below: i. The moisture barrier shall be a modified polymer and shall

have a minimum thickness of 50 mils. The modified polymer shall be sprayable, solvent free, two-component polymeric, moisture/chemical barrier specifically developed for the corrosive wastewater environment.

ii. The surfacer shall be a polyurethane/polymeric blend foam and shall have a minimum thickness of 400 mils. The foam shall be consist of two components with low viscosity and contain flame retardants.

iii. The final corrosion barrier shall be a modified polymer and shall have a minimum thickness of 50 mils. The modified polymer shall be sprayable, solvent free, two-component polymeric, moisture/chemical barrier specifically developed for the corrosive wastewater environment.

The total thickness of the multi-component stress panel liner shall be a minimum of 500 mils.

b. The components shall meet the following chemical analysis: (i) Modified Polymer: “A Component” Viscosity, 77° F, cps., ASTM D-1638 450 Physical State Liquid Color Clear to Amber Hygroscopicity Reacts with water “B Component” Viscosity, 77° F, cps., ASTM D-1638 500 Physical State Liquid

Color Flamingo Pink Hygroscopicity 100 %

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Reaction Profile (100 grams, 175° F Sample) Gel Time, seconds 10 Tack Free Time, seconds 20 Cure Time, seconds 90 A System / B System Volume Ratio 1:1 Typical Physical Properties Tensile Strength, PSI >3600 Elongation, % >300 Tear Strength, PLI >5000 Shore a Hardness 96 100% Modulus, PSI >2500

(ii) Polyurethane Rigid Structure Foam

“A Component” Viscosity, 77° F, cps., ASTM D-1638 200 Physical State Liquid Color Dark Brown Hygroscopicity Reacts with water and evolves CO2 gas “B Component” Viscosity, 77° F, cps., ASTM D-1638 660 Physical State Liquid Color Transparent Dark Hygroscopicity Absorbs water rapidly thus changing ratio Reaction Profile (100 grams, 77° F Sample) Cream Time, seconds 1-4 Tack Free Time, seconds 5-8 Rise Time, seconds 6-10 A System / B System Volume Ratio 1:1

Typical Physical Properties Density, nominal, core, lbs/ft3 4-10 ASTM D-1622, 74° F Compression Strength, PSI 90-150 ASTM D-1621, 74° F Parallel Rise Closed Cell Content, % Over 95 ASTM 1940, 74° F

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Shear Strength, PSI 225-250 ASTM C-273, 74° F

3. Type 3 – Duraplate 100 Liner System

Lining for manholes shall be PVC Duraplate 100 Liner System as manufactured by ALOK Products, Tullytown, Pennsylvania; 1-800-822-2565. Liner shall be cast integral into the concrete at the point of precast manufacture. a. PVC Liner, Channel Joints, H-joints and Corner Joints;

Manufactured from polyvinyl chloride resin. White in color to assist in providing a light reflective environment. All sheet compounds shall result in a semi-rigid material for thermoforming to the contour of the structure and shall have a minimum wall thickness of 1.7mm (0.065 inch).

b. Lined manholes shall have a flat top that is lined with the same type of protective liner as the manhole.

c. Rubber gasket between structures shall be provided for a watertight seal. Gasket shall be DURA-Plate-Lok-Sealant MT-320 measuring 0.5 inches by 1.5 inches to be placed on the return. When the two sections are coupled, the butyl-lok will displace over the return on the bell and tongue ends of the liner.

d. Linings shall be installed by a certified lining manhole precaster, while constructing the manhole, in strict conformance with the manufacturer’s requirements. The Precaster shall submit certification documentation from ALOK products with the manhole submittals. i. Inspect the form core for sharp or jagged edges that

could damage the liner during the precasting and shipping process.

ii. Place Dura Plate 100 Liner panels level around the core of the form. Form release agent is not necessary.

iii. Install the vertical joints by placing the black rubber strip between the panel returns, making sure that the flap of the strip is fitted over one of the returns.

iv. Place backing plate on the inside return of panel that

the flap fits over. Hold together with spring loaded clamps evenly spaced about 12” apart.

v. Secure the panels together with fasteners placed every 3 inches, making sure that each fastener is tightened to 5 in-lbs.

Note: The fasteners must be installed from the side opposite the flap, straight thru the backing plate, parallel to the liner.

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vi. Repeat for all seams. Note: Caulk can be placed between the form core and liner returns to minimize concrete seepage during production.

vii. Install reinforcement into form with any other necessary parts needed for the structure.

viii. Pour concrete around the liner evenly to prevent shifting of the liner.

ix. Vibrate and compact the concrete in a manner that will protect the liner and produce a dense, homogenous structure.

x. Take precaution to protect the liner from sharp or jagged objects while stripping from the form.

xi. Visually inspect the liner after production for any cuts or tears. If repairs are needed, refer to Dura Plate 100 Liner repair bulletin for proper repair procedures.

E. Steps shall be installed in each manhole at the point of manufacture.

Drill all holes in liner larger than the diameter of the step. Install steps or ladder then caulk area around step and liner with FR500 caulking material (lap Sealant) and seal with a minimum 0.5” thickness of ThoRoc SewerGuard epoxy.

F. All hole opening surfaces shall be coated with a minimum 0.5” thickness coverage of ThoRoc SewerGuard epoxy that overlaps the liner at least 1 ½ inches.

G. Manhole Bench and Inverts – The benches and inverts shall be of the same material as the manhole, integral within the manhole and installed by the manhole manufacturer and as shown on the standard manhole detail drawings. The benches and inverts shall be coated with a minimum of 0.5” thickness of ThoRoc SewerGuard epoxy or approved equal. Thickness shall be tested in the field by SD1. CONTRACTOR shall patch all test holes.

H. The procedure below shall be followed at the factory to determine the

thickness of epoxy applied to the benching in manholes and structures manufactured.

Procedure: 1. Utilizing a 40"L x 1.5"W x 0.5"H Nylon rod: a. Designate each rod with a corresponding number. b. Verify each rod dimension using a caliper.

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c. Initial and date the measurements. 2. Mark the rod with a line at 1” increments. 3. Cut the rod at each line to form segments of

1 L x 1.5"W x 0.5"H. 4. Once the concrete is formed in the base of the manhole or

structure space the segments approximately 18” apart and adhere the segments to the concrete such that the 0.5"H is the distance from top of concrete to the tip of the nylon segment. a. Document the spacing of each segment on the back of

the Manhole or Structure Assembly/Inspection Form. b. Initial and date the measurements.

5. As the benching is being applied, it should be above the segments, which are 0.5"H. 6. During the final inspection of the manhole/structure, there should be no visible segments.

a. Document the observations on the back of the Manhole or Structure Assembly/Inspection Form.

b. Initial and date the observations. c. If the difference or thickness of the ThoRoc is

0.5" ─ 1.0" inches at all reference points, the manhole is acceptable.

d. If the difference or thickness of the ThoRoc is less than 0.5", the thickness is not correct. Inform proper production personnel of the problem and that it needs to be corrected before the manhole/structure is approved.

2.6 MANHOLE STEPS

A. Plastic manhole steps shall be PS1-PF (Press Fit polypropylene plastic) as manufactured by MA Industries, or equal. Steps shall be driven into specially sized holes cast into the manhole section. Holes shall be formed in the manhole section using an insert plug that is removed upon curing.

B. No steps shall be aligned over the flow channel. Step spacing shall be 16” as shown the Standard Detail Drawing.

2.7 MANHOLE RISERS

A. Manhole risers (adjusting rings) 6” to 10” height shall be concrete.

B. Manhole risers 2” to 4” height shall be high density polyethylene as manufactured by Ladtech, Inc.

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2.8 EXTERNAL SLEEVE FOR STRUCTURE

A. Provide external sleeve around all manhole joints and the chimney as designated on the plans. Any manholes located within fifty (50) feet or less of a creek/ stream or within a floodplain shall have an external sleeve. External sleeve shall be a wraparound heat shrinkable sleeve that creates a barrier to water infiltration and protects support of the structure and frame from ground moisture prevents corrosion and freeze-thaw damage. The system shall be compatible with and bond to concrete, metal, and fiberglass using an adhesive type primer. The sleeve shall have the following physical properties:

Softening Point 212 degrees Fahrenheit ASTM E-28 Lap Shear Strength 12 PSI DIN 30 672 Tensile Strength 2900 PSI ASTM D-638 Elongation 600% ASTM D-638 Hardness 46 Shore D ASTM D-2240 Abrasion Resistance 45 mg ASTM D-1044 Peel Strength 9PLI ASTM D-1000 Water Absorption 0.05% ASTM D-570 Low Temperature -40 degrees Fahrenheit ASTM D-2671D Minimum Width 12 inches

B. System shall accommodate ground movement and resists soil stress. C. Acceptable Products: 1. WrapidSeal – Manhole Encapsulation System by Canusa –CPS. 2. Link- Seal Riser- Wrap Heat Shrink System.

3. Or Equal. PART 3 - EXECUTION 3.1 MANHOLE BASES

A. General

1. Manholes shall be constructed at the locations shown on the Design Drawings.

2. The dimensions shall be as shown on the detail sheets and the depths shall be as indicated by either finished top elevation given or depth dimension given on the plans.

3. Perform Sitework as per the requirements of Specifications Sections 02050, 02110, 02220, and 02222.

4. Excavation for manholes and other underground structures shall be of sufficient size to adequately accommodate installation and proper centering.

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5. The bases shall be placed directly on an 8-inch to 12-inch deep pad (compacted thickness) of pipe bedding material as specified in section 02220, placed to proper elevation and leveled, unless a deeper excavation is required to remove any loose sandy soils or soft to medium stiff, clayey soils down to a soil stratum suitable for support of the manhole and base. a. The excavated soils shall be replaced with an appropriate

Structural Backfill material or with controlled, low-strength material (CLSM), lean concrete, or an extra thickness of manhole base concrete.

6. The excavation shall be kept free of water while the manhole is being constructed and manhole shall not be backfilled until inspected by the OWNER.

7. CONTRACTOR will be required to compact bedding material around the entire circumference of the manhole and manhole excavation area to at least 12-inches above the highest incoming or outgoing pipe.

8. Compacted backfill as specified on the Design Drawings or section 02220 shall then be placed above the compacted bedding material up to finished grade.

B. Pre-Cast Bases

1. The OWNER reserves the right to inspect precast manhole base sections at the construction site and to reject the use of such sections if the OWNER determines the products unsuitable for the OWNER’S installation.

2. Pre-Cast bases shall be used in lieu of doghouse manholes where flow permits, as determined by the ENGINEER.

3. Cast-in-Place Bases 4. Cast-in-Place Bases shall be used when installing a doghouse

manhole over an existing sewer or as approved by the ENGINEER. a. Cast-in-place bases shall be placed on suitable foundations

after the pipes are laid as specified in 3.1.A.5. 5. The base shall be cast monolithically to an elevation at least 12 inches

above the top of the highest pipe entering the manhole, except where a drop connection is to be installed. a. Base thickness shall be as per 2.1.B.1. b. Base, walls and bottom shall be at least of the thickness

shown and reinforced to withstand the loads to be expected. c. Connections for sewer pipes shall conform to SD1’s standard

detail. d. The base of the bell or groove end at joints between

components shall be buttered with 1:2 cement-sand mortar to provide a uniform bearing between components.

e. All joints shall be sealed with cement mortar inside and out and troweled smooth to the contour of the wall surface.

f. Raised or rough joint finishes will not be accepted.

02606-17

3.2 PRECAST MANHOLE SECTIONS

A. Set sections vertical with steps and sections in true alignment.

B. Install sections, joints and gaskets in accordance with manufacturer’s recommendations.

3.3 MANHOLE CHANNELS

A. All invert channels through manholes shall be constructed of 4,000 psi concrete.

B. The flow line (channel) and benches shall be cast separately from the floor

and side wall at the place of manufacture, unless otherwise approved by SD1.

C. Channels shall be properly formed to the sizes, cross sections, grades and shapes shown or as ordered.

D. Benches shall be built up to the heights shown or as ordered and given a

uniform wood float finish.

E. Care shall be taken to slope all benches for proper drainage to the invert channel.

F. All flow channel angles between any new incoming pipe and new outgoing

pipe shall be at least 95 degrees in the direction of flow as seen in the figure below. For any pipe with velocities exceeding 5 feet per second consult SD1 for the required angle or for the need of an oversized manhole.

3.4 GRADE RINGS

A. Grade rings shall be used for all precast and masonry manholes to adjust height of manhole frame casting where required. 1. Grade rings shall be a maximum of 10 inches in height, constructed

on the roof slab or cone section on which the manhole frame and cover shall be placed.

2. The height of the grade ring shall be such as is necessary to bring the manhole frame to the proper grade.

3. One piece precast concrete rings shall be used for grade adjustment

02606-18

greater than six (6) inches and up to ten (10) inches in height. Rings shall be set concentrically on top of the cone section or top slab if used.

4. High density polyethylene risers shall be used for grade adjustment from two (2) inches to a maximum of six (6) inches in height. Rings shall be set concentrically on top of the cone section or top slab if used.

5. All grade rings shall be sealed using two rows of butyl rubber sealant.

B. The casting frame shall be installed on the riser as previously described with four (4) five-eights (5/8) inch diameter stainless steel bolts extending through the riser, grade rings, and into the cone section or top slab. 1. The riser and cone may also be drilled with four (4) equally spaced

five-eights (5/8) inch diameter holes and four (4) No. 5 steel reinforcement bars installed and left flush with the riser top to prevent lateral movement and the casting frame bolted to the riser as previously described.

C. High Density Polyethylene Manhole Adjusting Rings shall be used to adjust

up to a maximum of six (6) inches. 3.5 PIPE CONNECTIONS TO MANHOLES

A. A flexible pipe-to-manhole joint connector shall be used for joining piping to manholes and other miscellaneous structures. The rubber seal shall meet the requirements given in ASTM C 923. The seal shall be of a size specifically designed for the pipe size and material and be as specified herein.

1. If a Kor-N-Seal joint seal or equal with a stainless steel tightening band is used, CONTRACTOR shall tighten the band to the proper torque as specified by the manufacturer.

2. If the slope of the incoming sewer exceeds 26% from the horizontal, a fitting shall be used outside the manhole wall to facilitate a more perpendicular connection to the manhole wall. The use of this fitting is to be evaluated on a case by case basis by SD1 engineers.

B. All pipe connections to manholes shall match crowns. If matching crowns is not possible, a drop manhole may be approved by SD1. C. All drop manholes shall be approved by SD1. Drop manholes may be acceptable under the following conditions:

1. If the slope of the influent sewer is greater than or equal to five (5) percent, SD1’s drop connection detail 104 shall be followed. All other influent sewer slopes and drop connections will be evaluated on a case by case basis.

2. All other drop manhole requests shall be approved on a case by case basis including but not limited to pipe realignments, connections

02606-19

to existing manholes, etc. NOTE TO DESIGN ENGINEER: SD1 prefers matching crowns for sewer connections; however, depending upon depth of the sewer, drop manholes will be evaluated. Contact SD1 to discuss the details of the design for the project. 3. If the total height of the drop is greater than sixteen (16) feet, a Vortex assembly shall be used. See Section 2.8. D. Slide manholes shall not be used. 3.6 CONNECTIONS TO EXISTING MANHOLES

A. Perform by core drilling. B. A flexible pipe-to-manhole joint connector shall be used for joining new

piping to existing manholes and other miscellaneous structures. The rubber seal shall meet the requirements given in ASTM C 923. The seal shall be of a size specifically designed for the pipe size and material and be as specified herein.

1. If a Kor-N-Seal joint seal or equal with a stainless steel tightening band is used, CONTRACTOR shall tighten the band to the proper torque as specified by the manufacturer. C. The flow channel and bench for the new connection shall be constructed

onsite or the existing flow channel and bench modified to accept the new piping.

D. New connections to existing manholes need to be greater than

ninety (90) degrees to the existing flow channel in the direction of the flow.

E. Where new flows joining an existing eight (8) inch sewer that is flowing half pipe or greater, or the exiting pipe is twelve (12) inches or greater, an oversized manhole shall be installed to allow a smooth, sweeping flow transition. Consult SD1 for required manhole diameter.

F. Perform all connections in accordance with Parts 3.9 and 3.11 of this section. 3.7 DOGHOUSE MANHOLES

For joining new pipe to existing pipe, refer to Item 3.1.B.2 of this section for requirements. Doghouse manholes shall only be used for connections to sewer mains with high flows, as determined by the ENGINEER. Doghouse manholes must be approved by SD1. For applications using doghouse manholes, refer to Item 3.1.C of this section and SD1 Standard Detail No.106 for requirements.

02606-20

3.8 INTERIOR LINING

Any concrete manhole designated to be lined on the Design Drawings must have Type 1 - Cured-in-place PVC composite liner, Type 2 – SPECTRASHIELD Liner System, or Type 3 – Duraplate 100 Liner System. Epoxy Resin manholes can also be used in lieu of lined manholes as a Deduct Alternate (see Section 2.2).

A. Cured-in-place PVC Composite Liner:

1. Description of Work a. This work shall include the furnishing of all labor, materials,

and equipment for the installation of a cured-in-place PVC composite liner within a new sanitary sewer manhole.

b. The manhole liner shall be manufactured to the shape of the manhole. The fibrous portion of the liner shall be saturated with a modified epoxy resin, then pressurized and cured in-place.

c. A removable inflation bladder shall be pressurized between ½ - 5 pounds per square inch. The bladder will be removed upon completion of the curing.

d. The exposed surface of the liner shall be white PVC. 2. Liner Performance Requirements

a. Liner shall be of the type that allows lining of a concentric, eccentric or flat top manhole without removing the manhole ring and top section or corbel.

b. The liner shall be installed and cured in place via controlled curing by heat and pressurization in the manhole to complete the curing process.

c. The lining of the manhole shall result in a monolithic structure to the shape and contour of the existing manhole. The liner shall be installed and bond to the interior manhole substrate and be completely watertight, and free of any joints or openings other than pipe inlets, outlets and the cover frame opening.

d. Where indicated on the manhole schedule, the lining shall be designed with independent structural hoop strength for full height hydrostatic pressure as if the liner were a secondary vessel inside the existing manhole. The manufacturer shall design adequate liner thickness into the system with or without additional fiberglass layers.

e. All lined manholes shall have lined inverts. Plug the pipes entering the manhole and line the flow channel to the edge of the pipe. Trim all pipe openings and seal trimmed edges with a coating of epoxy mastic.

3. Preparation All surfaces of the manhole shall be cleaned with a high-pressure

02606-21

water-jet sprayer with an operating pressure of at least 3,500 psi. Pressure wash the manhole to remove all dirt, grease, sand, and surface contaminants on the wall and floor leaving a clean damp surface.

4. Liner Installation a. Installation shall be by an installer that is qualified by the liner

manufacturer. The Contractor shall include the furnishing of all materials, equipment, tools, and labor as required for the rehabilitation of the manholes selected, including the installation of the interior liner.

b. The installation of the approved liner system shall be in strict accordance with the manufacturer’s instructions. This shall include the preparation, installation, inflation, curing, and finishing operations, required for the completion of the manhole lining process.

c. All safety rules and regulations, applicable laws, and insurance requirements shall be observed in storing, handling, use, and application of the liner materials, resins, and any solvents.

d. Ventilation shall be provided to the workers at all times. 5. Warranty

The CONTRACTOR shall warrant to the OWNER in writing the installation, fabrics, and resins to be free of defects in workmanship and materials for a period of ten years.

B. SPECTRASHIELD Liner System

The applicator of the SpectraShield liner system shall be trained and certified by the manufacturer for the handling, mixing, application and inspection of the liner system as described. To ensure total unit responsibility, all materials and installation thereof shall be furnished and coordinated with/by one supplier/applicator who turnkeys the work and assumes full responsibility for the entire operations.

1. Inspection a. Applicator shall take appropriate action to comply with all

local, state and federal regulations including those set forth by OSHA, EPA, the Owner and any other applicable authorities.

b. Prior to conducting any work, perform inspection of structure to determine need for protection against hazardous gases or oxygen depleted atmosphere and the need for flow control or flow diversion.

c. Submit plan for flow control or bypass to owner/engineer for approval prior to conducting the work.

d. New Portland cement structures shall have endured a minimum of 28 days since manufacture prior to commencing installation of the liner system.

2. Description of Work

02606-22

a. This work shall include the furnishing of all labor, material, and equipment for the installation of SpectraShield liner system within a new sanitary sewer manhole.

3. Surface Preparation a. Conduct surface preparation program to include monitoring of

atmosphere for hydrogen sulfide, methane, low oxygen or other gases, approved flow control equipment, and surface preparation equipment.

b. Surface preparation methods may include high pressure water cleaning, hydro blasting, abrasive blasting, grinding, detergent water cleaning and shall be suited to provide a surface compatible for installation of the liner system.

c. Surface preparation method shall produce a cleaned, abraded and sound surface with no evidence of laitance, loose concrete, brick or mortar, contaminants or debris, and shall display a surface profile suitable for application of liner system.

d. After completion of surface preparation, perform the seven point check list, which is the inspection for: 1. Leaks 5. Ring and Cover condition 2. Cracks 6. Invert Condition 3. Holes 7. Inlet and Outlet Pipe Condition 4. Exposed Rebar

e. After the defects in the structure are identified, repair all leaks with a chemical or hydraulic sealant designed for use in field sealing of ground water. Severe cracks shall be repaired with a urethane based chemical sealant. Product to be utilized shall be as approved by owner/engineer prior to installation. Repairs to exposed rebar, defective pipe penetrations or inverts, etc. shall be repaired utilizing non-shrink grout or approved alternative method.

4. Material Installation a. Application procedures shall conform to recommendations of

the manufacturer, including materials handling, mixing, environmental controls during application, safety and spray

equipment. b. Spray equipment shall be specifically designed to accurately

ratio and apply the liner system. c. Application of multi-component liner system shall be in strict

accordance with manufacturer’s recommendation. Final installation shall be a minimum of 500 mils. A permanent identification and date of work performed shall be affixed to the structure in a readily visible location.

d. Provide final written report to owner/engineer detailing the location, date of report, and description of repair.

5. Post-Construction Inspection

02606-23

a. Final liner system shall be completely free of pinholes or voids. Liner thickness shall be the minimum value as described herein.

b. Visual inspection shall be made by the Owner/Engineer. Any deficiencies in the finished liner system shall be marked and repaired according to the procedures set forth by Manufacturer.

c. The sewer system may be returned to full operational service as soon as the final inspection has taken place.

3.9 STUBS FOR FUTURE CONNECTIONS

A. Installation of stubs for future connections shall be evaluated on a case by case basis and approved by SD1. If stubs are approved, PVC, ductile iron, or fiberglass pipe stubs with approved watertight plugs shall be installed in manholes. SD1 requires that future connections to existing manholes be cored and the benching modified to accept the new connection. Where pipe stubs, sleeves or couplings for future connections are shown or ordered, CONTRACTOR shall provide all materials and work for their construction.

B. If stubs are approved by SD1, stubs out of manholes shall be a two (2) to five

(5) foot stick of pipe with sealed caps. When future connections are made to these manholes, the stubs shall be removed and a full stick of pipe shall be installed at the proper slope.

C. Where connections are made to existing manholes installed after May 15,

2000, the existing manhole shall be vacuum tested prior to the connection being made. If the manhole is vacuum tested prior to alterations and fails, it is the responsibility of SD1 to repair or replace the manhole. If the manhole passes the vacuum test prior to connection, but fails the vacuum test after the connection is made, then the CONTRACTOR shall repair or replace the manhole per SD1’s direction and approval.

If the CONTRACTOR fails to vacuum test the manhole prior to any

connections being made, and the manhole fails the vacuum test after the connection, the CONTRACTOR shall repair or replace the manhole per SD1’s direction and approval.

D. If the connection to an existing manhole is cored, the connection shall be

booted and the existing manhole shall pass a vacuum test after all work is complete, if the existing manhole was installed after May 15, 2000.

E. If the elevation or grade of an existing manhole is altered, the existing manhole shall pass a vacuum test after all work is complete, if the existing manhole was installed after May 15, 2000.

02606-24

3.10 GRADING AT MANHOLES

A. Manholes shall be installed to conform to the following convention unless otherwise called for on the plans. The ground surface shall be graded to drain away from the manhole. Final dimensions shall be determined after grading has taken place. 1. Manholes in roads, parking lots, paved areas and lawns shall be

installed flush with the surrounding area. 2. Manholes in wooded or other inaccessible areas shall be installed

twelve (12) inches above the final grade. 3. Manholes in cultivated fields, hay fields and pastures shall be

installed with the cone section flush with the final grade. After installation of the casting, a slope fill 1:5 (1 vertical to 5 horizontal) shall be installed to provide surface drainage away from the manhole.

B. Manholes in paved areas shall be constructed to meet the final surface grade.

In paved areas on State Highways, all manholes shall be 1/2 inch below final wearing surfaces. Manholes shall not project above finished roadway pavements to prevent damage from snowplows.

C. CONTRACTOR shall be solely responsible for the proper height of all

manholes necessary to reach the final grade at all locations. CONTRACTOR is cautioned that ENGINEER'S review of Shop drawings for manhole components will be general in nature and CONTRACTOR shall provide an adequate supply of random length precast manhole riser sections to adjust any manhole to meet field conditions for final grading.

3.11 MANHOLE WATERTIGHTNESS

A. All manholes shall be free of visible leakage. Each manhole shall be tested for leaks and inspected. If the manhole fails a visual leakage inspection and/or vacuum testing, SD1 will consider the manhole defective and the Contractor shall replace the manhole and make any necessary reconnections to the new or existing pipelines at no additional cost to the Owner. No leak repairs shall be performed without the ENGINEER'S approval.

B. Vacuum test manholes to ASTM C 1244. Testing to be witnessed by

OWNER. Manholes not subject to vacuum testing must be in writing from OWNER. This specification shall govern the negative air pressure (vacuum) testing of sanitary sewer manholes and structures and shall be used as a method of determining acceptability by the OWNER, in accepting maintenance of a sanitary sewer manhole or structure on behalf of the public. Other forms of testing of some manholes may be required, as deemed necessary by the Owner.

02606-25

C. Manholes shall be tested after installation with all connections in place along with the following completed prior to testing: 1. Lift holes, if any, shall be plugged with an approved, non-shrinkable

grout prior to testing. 2. Drop connections shall be installed prior to testing. 3. The vacuum test shall include testing of the seal between the cast iron

frame and the concrete cone, slab or grade rings. 4. The manholes shall be backfilled and finished to design grade prior to

test. 5. Test pressure requirements of ASTM C-923 shall be met.

D. Test Procedure:

1. Temporarily plug, with the plugs being braced to prevent the plugs or pipes from being drawn into the manhole, all pipes entering the manhole at least eight inches into the sewer pipe(s). The plug must be inflated at a location past the manhole/pipe gasket.

2. The test head shall be placed inside the frame at the top of the manhole and inflated, in accordance with the manufacturer's recommendations.

3. A vacuum of 10" of mercury shall be drawn on the manhole. Shut the valve on the vacuum line to the manhole and disconnect the vacuum line.

4. The pressure gauge shall be liquid filled, having a 3.5 inch diameter face with a reading from zero to thirty inches of mercury.

5. The manhole shall be considered to pass the vacuum test if it holds at least 9 inches of mercury for the following time durations:

Time (Minutes)

Manhole Depth 4’ Diameter 5' Diameter 6' Diameter

20 Feet or Less 1 2 3 20.1 to 30 Feet 2 3 4

Note: Consult SD1 on manhole diameters larger then six (6) feet.

6. If a manhole fails the vacuum test, SD1 will consider the manhole defective and the CONTRACTOR shall replace the manhole and/ or defective components and make any necessary reconnections to the new or existing pipelines at no additional cost to the Owner. No repairs shall be made to the manhole unless approved by the ENGINEER.

7. All temporary plugs and braces shall be removed after each test. 8. Manholes will be accepted as having passed the vacuum test

requirements if they meet the criteria stated above. + + END OF SECTION + +

02610-1

SECTION 02610 PIPE AND FITTINGS PART 1 - GENERAL 1.1 WORK INCLUDED

A. CONTRACTOR shall provide all labor, materials, equipment, incidentals, and services as shown, specified, and required for furnishing, installing, and testing all buried piping, fittings, and specials specified herein. Piping herein specified includes force main & gravity sewer. Refer to the pipe material schedule shown below to determine which pipe materials are acceptable for each application. Remove and replace all existing piping that interferes with installation of new pipe or structures or that is damaged by new installations in a manner acceptable to ENGINEER.

Type Size Depth Acceptable Materials

Aerial Any Ductile Iron; PVC SDR 35 inside casing pipe

Gravity Any Less than 20’ PVC SDR 35; Fiberglass Polymer Mortar Pipe SN 46

Any 20.1’ to 30’ PVC SDR 26; Ductile Iron; Fiberglass Polymer Mortar Pipe SN 72

Any 30.1’ or greater Fiberglass Polymer Mortar Pipe; Ductile Iron

Horizontal Directional Drill

Any Any HDPE ; Ductile Iron; Restrained Joint PVC C-900

Force Main Any Any HDPE ;Ductile Iron ; PVC C-900

Note: Pipe selected shall be designed for the cover and loading requirements

to each project. Design calculations for pipe wall thickness and structural design shall be provided by the ENGINEER, as requested by SD1. Restrained joint calculations for force mains shall be provided for all projects.

Depth is based on maximum cover between structures or manhole runs. Pipe shall be the same thickness between structures or manholes. B. The Work includes, but is not limited to, the following:

1. Piping beneath structures. 2. Supports and restraints. 3. Pipe encasements.

02610-2

4. Work on or affecting existing piping. 5. Testing. 6. Cleaning and disinfecting. 7. Installation of all jointing and gasketing materials, specials, flexible

couplings, mechanical couplings, harnessed and flanged adapters, sleeves, tie rods, and all other Work required to complete the buried piping installation.

8. Incorporation of valves, meters and special items shown or specified into the piping systems as required.

9. Unless otherwise specifically shown, specified, or included under other Sections, all buried piping work required, beginning at the outside face of structures or structure foundations and extending away from structure.

C. Review installation procedures under other Sections and other contracts and

coordinate with the work that is related to this Section.

1.2 RELATED WORK

1. Section 02220, Excavation and Backfill. 2. Section 02710, Drainage Structures. 3. Section 03300, Cast-In-Place Concrete. 4. Division 15, Sections on Piping, Valves and Appurtenances. 5. Section 15121, Wall Pipes, Floor Pipes and Pipe Sleeves.

1.3 LIMITATIONS

All existing piping as shown on the Design Drawings is based on the best information available, but SD1 and ENGINEER makes no guarantees as to the accuracy of the locations or type of piping depicted. All new piping which ties into existing lines must be made compatible with that piping. So that piping conflicts may be avoided, CONTRACTOR shall open up his trench well ahead of the pipe laying operation to confirm exact locations and sizes of existing piping before installing any new piping. CONTRACTOR shall provide all fittings and adapters necessary to complete all connections to existing piping as approved by SD1. All costs associated with alignment adjustments on new piping to tie into existing piping shall be borne by CONTRACTOR. No additional costs will be paid by SD1.

1.4 QUALITY ASSURANCE

Requirements of Regulatory Agencies:

A. Comply with requirements of UL, FM and other jurisdictional authorities, where

applicable.

B. Refer to the General and Supplementary Conditions regarding permit requirements for this Project.

02610-3

1.5 REFERENCES Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified: A. AWWA C104, Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings

for Water.

B. AWWA C105, Polyethylene Encasement for Ductile-Iron Piping for Water and Other Liquids

C. AWWA C110, Standard for Ductile-Iron and Gray-Iron Fittings, 3 In.-48 In.

(76 mm-1,219 mm), for Water.

D. AWWA C111, Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings

E. AWWA C115, Standard for Flanged Ductile-Iron Pipe with Ductile-Iron or Gray-Iron Threaded Flanges.

F. AWWA C150, Standard for Thickness Design of Ductile-Iron Pipe.

G. AWWA C151, Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water.

H. AWWA C600, Installation of Ductile-Iron Water Mains and Their Appurtenances.

I. AWWA C606, Grooved and Shouldered Joints.

J. AWWA C800, Underground Service Line Valves and Fittings.

K. AWWA C900, Polyvinyl Chloride (PVC) Pressure Pipe, and Fabricated Fittings,

4 In.-12 In. (100 mm-300 mm), for Water Dist.

L. AWWA M23, PVC—Design and Installation

M. ASTM A 27, Standard Specification for Steel Castings, Carbon, for General Application.

N. ASTM A 82, Standard Specification for Steel Wire, Plain for Concrete Reinforcement.

O. ASTM A 185, Welded Steel Wire Fabric for Concrete Reinforcement.

P. ASTM A 496, Deformed Steel Wire for Concrete Reinforcement.

Q. ASTM A 497, Steel Welded Wire Fabric, Deformed for Concrete Reinforcement.

02610-4

R. ASTM A 1011, Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, and Ultra-High Strength.

S. ASTM A 615, Standard Specification for Deformed and Plain Billet Steel Bars for

Concrete Reinforcement.

T. ASTM C 14, Standard Specification for Concrete Sewer, Storm Drain and Culvert Pipe.

U. ASTM C 76, Standard Specification for Reinforced Concrete Culvert, Storm Drain

and Sewer Pipe.

V. ASTM C 118, Concrete Pipe for Irrigation or Drainage.

W. ASTM C 150, Standard Specification for Portland Cement

X. ASTM C 361, Standard Specification for Reinforced Concrete Low-Head Pressure Pipe.

Y. ASTM C 443, Standard Specification for Joints for Concrete Pipe and Manholes,

Using Rubber Gaskets.

Z. ASTM C 478, Standard Specification for Precast Reinforced Concrete Manhole Sections.

AA. ASTM D 1238, Measuring Flow Rates of Thermoplastics by Extrusion Plastometer.

BB. ASTM D 1598, Time-to-Failure of Plastic Pipe Under Constant Internal Pressure.

CC. ASTM D 1599, Short Time Hydraulic Failure Pressure of Plastic Pipe, Tubing, and

Fittings.

DD. ASTM D 1784, Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds.

EE. ASTM D 1785, Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe,

Schedules 40, 80, and 120

FF. ASTM D 2122, Determining Dimensions of Thermoplastic Pipe and Fittings

GG. ASTM D 2412, Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading.

HH. ASTM D 2464, Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings,

Schedule 80.

02610-5

II. ASTM D 2467, Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80.

JJ. ASTM D 2564, Standard Specification for Solvent Cements for Poly (Vinyl

Chloride) (PVC) Plastic Piping Systems.

KK. ASTM D 2774, Practice for Underground Installation of Thermoplastic Pressure Piping.

LL. ASTM D 3034, Bell and Spigot-Type Poly (Vinyl Chloride) (PVC) Plastic Pipe and

Fittings. MM. ASTM D 3212, Standard Specification for Joints for Drain and Sewer Plastic Pipes

Using Flexible Elastomeric Seals

NN. ASTM D 3261, Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing.

OO. ASTM D 3262, Standard Specification for Fiberglass (Glass-Fiber-Reinforced

Thermosetting-Resin) Sewer Pipe.

PP. ASTM D 3350, Standard Specification for Polyethylene Plastics Pipe and Fittings Materials.

QQ. ASTM D 3754, “Fiberglass” (Glass-Fiber-Reinforced-Thermosetting-Resin) Sewer

and Industrial Pressure Pipe.

RR. ASTM D 4161 Standard Specification for Fiberglass (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe Joints Using Flexible Elastomeric Seals.

SS. ASTM D 5685, “Fiberglass” (Glass-Fiber-Reinforced-Thermosetting-Resin) Pressure

Pipe Fittings.

TT. ASTM F 437, Threaded Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80.

UU. ASTM F 439, Socket-Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe

Fittings, Schedule 80.

VV. ASTM F 441, Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings.

WW. ASTM F 493, Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings.

XX. ASTM F 714, Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter.

YY. ASCE MOP No. 37, Design and Construction of Sanitary and Storm Sewers

02610-6

1.6 SUBMITTALS

A. Provide the following:

1. Size, class and other details of pipe to be used. 2. Full details of piping, specials, joints, harnessing, and connections to existing

piping, structures, equipment and appurtenances. 3. Laying schedules and detailed drawings in plan and profile for piping. 4. Jacking and boring operation details, including size of jacking and receiving

pits, method of shoring and dewatering, jacking machine information, casing pipe, spacers and end seals.

5. Method to monitor vibration, movement, settlement, cracking of nearby structures from jacking and boring operation.

B. Tests: Submit description of proposed testing methods, procedures and apparatus.

Prepare and submit report for each test.

C. Certificates: Submit certificates of compliance with referenced standards.

D. As requested by SD1, all pipe manufacturers that supply pipe for the project shall provide a detailed structural design taking in account the depth of burial, highway loads, bedding and backfill requirements, water elevation, soil conditions and installation procedures. All designs submitted shall have a Professional ENGINEER’s stamp from Kentucky. Such design shall be received, reviewed, and approved prior to manufacture.

E. As requested by SD1, pipe manufacturer for each pipe type used shall be present and instruct CONTRACTOR on proper installation technique per shop drawings and manufacturer’s recommended procedures. As requested by SD1, pipe manufacturer’s representative shall visit job site to monitor progress of pipe installation and shall notify in writing the CONTRACTOR and SD1 of any discrepancy, changes, or incorrect procedures that would prevent the pipe from performing as designed.

F. Record Drawings: Submit record drawings.

PART 2 - PRODUCTS 2.1 MATERIALS

A. Refer to applicable Sections for material specifications. B. General:

1. Marking Piping:

02610-7

a. Clearly mark each piece of pipe or fitting with a designation conforming to those shown on the laying schedule.

b. Cast or paint material, type and pressure designation on each piece of pipe or fitting 4 inches in diameter and larger.

c. Pipe and fittings smaller than 4 inches in diameter shall be clearly marked by manufacturer as to material, type and rating.

2.2 DUCTILE IRON PIPE AND FITTINGS

A. Piping furnished hereunder shall be complete with all joint gaskets, bolts, and nuts required for installation of valves and equipment furnished by others for installation under this contract.

B. Pipe Manufacturer’s Experience and Field Services:

1. All ductile iron pipe, fittings, and specials shall be fabricated, lined and coated by the pipe manufacturer. Minimum required experience shall include manufacture of a similar pipeline in length to this contract, of equal or larger diameter than the pipe to be provided with joints, lining, and coating suitable for the same or greater pressure rating specified herein, which has performed satisfactorily for the past 5 years.

2. An experienced, competent, and authorized field service representative shall be provided by the pipe manufacturer to perform all pipe manufacturer’s field services specified herein. The field service representative’s minimum required experience qualifications shall include 5 years of practical knowledge and experience installing ductile iron pipe with joints, lining, and coating of the pipe to be provided.

3. All ductile iron pipe shall be installed in accordance with the pipe manufacturer’s recommendations. The pipe manufacturer’s field service representative shall visit the site and inspect, check, instruct, guide, and direct CONTRACTOR’s procedures for pipe handling and installation at the start of the pipe installation. The pipe manufacturer’s field service representative shall coordinate his services with CONTRACTOR.

4. Each joint, including all restrained joints, shall be checked by CONTRACTOR as instructed by the pipe manufacturer’s field service representative to determine that the joint and the restraints are installed properly.

5. The pipe manufacturer’s field service representative shall furnish to SD1, through ENGINEER, a written report certifying that CONTRACTOR’s installation personnel have been properly instructed and have demonstrated the proper pipe handling and installation procedures. The pipe manufacturer’s field service representative shall also furnish to SD1, through ENGINEER, a written report of each site visit. The pipe manufacturer’s field service representative shall revisit the site as often as necessary until all trouble is corrected and the pipeline installation and operation are satisfactory in the opinion of the ENGINEER.

6. All costs for these services shall be included in the Contract Price.

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C. Materials:

1. Where ductile iron pipe is required, it shall conform to ANSI/AWWA C151/A21.51, Table 1 or Table 3. Pressure class 350 shall be used for all piping, unless otherwise shown on the drawings or specified. Fittings shall conform to ANSI/AWWA C110/A21.10 , or ANSI/AWWA C153/A21.53, with a minimum working pressure rating of 350 psi. All fittings shall be suitable for a test pressure as specified herein without leakage or damage.

2. All buried pressure piping shall be push-on joint or mechanical joint. Restrained joint pipe shall be installed at the station locations shown on the Contract Drawings. All above ground piping or piping in vaults shall be flanged.

3. All gravity sewer piping shall be push-on joint or mechanical joint. 4. Push-on joints and mechanical joints shall be in accordance with

ANSI/AWWA C111/A21.11. 5. Restrained joint pipe shall be fabricated to the lengths required as determined

by the laying schedule to be submitted as specified herein. If deviations from the approved laying schedule are required in the field as approved by SD1 and ENGINEER and field-cuts are required, CONTRACTOR shall provide restraint on the field-cut piping using, EBAA Iron “Megalug” restrained joints as specified below.

6. Field cuts shall be minimized and will be limited to only locations approved by SD1 and ENGINEER, when no other alternative to using factory provided joint restraint exists. Use of field-lock, fast-grip, field flex-ring, TR-flex gripper ring, etc. gaskets for field-cut pipe shall not be allowed.

D. Joints:

1. Certification of joint design shall be provided in accordance with ANSI/AWWA C111/A21.11-90, Section 4.5, Performance Requirements, as modified herein.

2. The joint test pressure for each type of joint used on this project shall be not less than 2 times the working pressure or 1-1/2 times the test pressure of the pipeline, whichever is higher. The same certification and testing shall also be provided for restrained joints. For restrained joints, the piping shall not be blocked to prevent separation and the joint shall not leak or show evidence of failure.

3. It is not necessary that such tests be made on pipe manufactured specifically for this project. Certified reports covering tests made on other pipe of the same size and design as specified herein and on the drawings and manufactured from materials of equivalent type and quality may be accepted as adequate proof of design.

4. Nuts, bolts, and tie -rods used on buried pressure pipe and fittings shall be low alloy steel T- bolts with Zinc anode caps for all T-bolts and rods. The entire installation shall be wrapped in two layers of polyethylene encasement. Nuts, bolts and stiffener plates which will be in contact with sewage shall be stainless steel Type 316.

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E. Material Schedule:

Push-on Joints and Mechanical Joints ANSI/AWWA C111/A21.11 Restrained Push-on Joints Positive locking segments and/or rings (4 inch through 64 inch)

American “Flex-Ring”, or “Lok-Ring”; U.S. Pipe “TR Flex”; Clow Corp., “Super-Lock”, without exception

Restrained Push-on Joints, (field-cut spigot) locking wedge type

EBAA Iron “Megalug” Series 1700, without exception. Shall only be used in locations approved by the ENGINEER.

Restrained Mechanical Joints (Factory prepared spigot) (4 inch through 48 inch)

American “MJ coupled Joints”

Restrained Mechanical Joints (field cut spigot)

EBAA Iron “Megalug” Series 1100, without exception. Shall only be used in locations approved by the ENGINEER.

Fittings ANSI/AWWA C110/A21.1, or

ANSI/AWWA C153/A21.53, all with minimum working pressure of 350 psi, and suitable for the test pressure based on the project design without leakage or damage.

Flanged Joints & Fittings Ductile Iron, ANSI/AWWA

C115/A21.5 suitable for the test pressure based on the project design without leakage or damage. Faced and drilled, ANSI B16.1 125-pound flat face. Threaded conforming to AWWA C115/A21.15.

Bolting 125-pound flat–faced flange: ASTM

A 307, Grade A carbon steel hex head bolts and ASTM A563 Grade A carbon steel hex head nuts

Gaskets

Restrained Push-on and Mechanical Joints: Synthetic rubber conforming

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to AWWA C111/A21.11. Natural rubber is not acceptable. Flanged: 1/8 inch thick, red rubber (SBR), hardness 80 (Shore A), rated to 200 degrees F., conforming to ANSI B16.21, AWWA C207, and ASTM D1330, Grades 1 and 2. Full face for 125-pound flat-faced flanges, or specially designed gaskets with required properties per ANSI/AWWA C111/A21.11 to meet the test pressure rating. Blind flanges shall be gasketed covering the entire inside face with the gasket cemented to the blind flange. Gasket pressure rating to equal or exceed the system hydrostatic test pressure.

Joint Lubricant Manufacturer’s standard Tapping Sleeves 316 SS, with 316 SS body and

bolting, and rubber sealing gasket, suitable for the test pressure specified herein. JCM Industries, Model JCM 452 or approved equal.

Polyethylene Encasement Seamless, ANSI/AWWA

C105/A21.5; LLD-8 mil or HDCL-4 mil

F. Lining and Coating Ductile Iron Pipe and Fittings:

1. All buried ductile iron pipe and fittings shall have manufacturers outside standard asphaltic coating and ceramic epoxy lining inside, factory applied. Ceramic epoxy lining shall be Protecto 401 as manufactured by Vulcan Painters, Inc. of Birmingham, AL, or NovoCoat SP-2000W as manufactured by NovoCoat Protective Coatings, of Addison, Texas and as specified herein. Flange faces shall be coated externally with a suitable manufacturer’s standard rust-preventative compound.

2. Application of Lining: The interior of the pipe exposed to liquids and gases shall be blasted and cleaned to remove all loose oxides and rust. After cleaning, the lining material shall be applied to yield 40 mils for the complete system using a centrifugal lance applicator. No lining shall take place over grease, oil, etc.,

02610-11

that would be detrimental to the adhesion of the compound to the substrate. The compound shall not be applied when the substrate temperature is below 40 degrees F., or in adverse atmospheric conditions which will cause detrimental blistering, pinholing or porosity of the film.

3. Lining Material: The material shall be a two component epoxy with the following minimum Requirements: a. A permeability rating of 0.0 perms when measured by

ASTM E96-66, Procedure A. Duration of test - 6 weeks. b. A direct impact resistance of 125 inches-pounds with no cracking

when measured by ASTM-D-2794. c. The ability to build at least 50 mils dry in one coat. d. The material shall be recoatable with itself for at least seven days

with no additional surface preparation when exposed to direct summer sun and a temperature of 90 degrees F.

e. The material shall contain at least 20% by volume of ceramic quartz pigment.

f. A test and service history demonstrating the ability of the material to withstand the service expected.

4. Inspection: a. All pipe shall be checked for thickness using a magnetic film

thickness gauge. b. All pipe shall be pinhole detected with a non-destructive 2,500 volt

test. c. Each pipe joint shall be marked with the date application of the lining

system and with its numerical sequence of application of that date. d. Each requirement of 3. above must be certified by the material

supplier. 5. Field Cuts:

a. All manufacturer’s procedures and recommendations shall be followed when making field cuts. Note proper field preparations and curing time of the coating.

G. All items used for jointing pipe shall be furnished with the pipe and tested before

shipment. The joints shall be made with tools and lubricant in strict conformity with the manufacturer’s instructions. If requested, three (3) copies of such instructions shall be delivered to the ENGINEER at start of construction.

H. Encasement:

1. Polyethylene encasement shall be provided for all buried ductile iron pipe, including all straight pipe, bends, tees, wyes, adapters, closure pieces, field restraint devices, valves and other fittings or specials, in accordance with ANSI/AWWA C105/A21.5, Method A. Preparation of the pipe shall include, but not be limited to: removing lumps of clay, mud, cinders, etc., prior to installation.

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2. Where ductile iron pipe is also embedded or encased in concrete or within a casing pipe, the polyethylene encasement shall be installed over the ductile iron pipe prior to concrete placement and in conjunction with installation in the casing pipe.

3. The pipe shall be wrapped with 8-mil thickness polyethylene tube wrap, using the recommended minimum flat tube widths for the specified pipe sizes. The polyethylene tube wrap shall be of virgin polyethylene as produced from DuPont Alathan resin or equal.

4. The polyethylene tube seams and overlaps shall be wrapped and held in place by means of 2-inch wide plastic backed adhesive tape. The tape shall be Polyken Number 900, Scotchrap Number 50, or equal. The tape shall be such that the adhesive shall bond securely to both metal surfaces and polyethylene film.

5. The polyethylene film supplied shall be clearly marked at a minimum of 2-ft along its length, containing the following information: a. Manufacturer’s name or trademark b. Year of Manufacture c. ANSI/AWWA C105/A21.5 d. Minimum film thickness and material type (LLDPE or HDCLPE) e. Applicable range of nominal pipe diameter size(s) f. Warning--Corrosion Protection--Repair any Damage

2.3 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS (GRAVITY LINES)

A. Polyvinyl Chloride (PVC) and Chlorinated Polyvinyl Chloride (CPVC) Piping─Schedule Rated Pipe:

1. Pipe and Fitting Material: a. Standard: ASTM D 1784. b. Type: Type I, Grade 1, rigid (12454-B).

2. Pipe: a. PVC: 1) Standard: ASTM D 1785. 2) Designation: PVC 1120. b. CPVC: 1) Standard: ASTM F 441.

3. Joints: a. General: Connect pipe by solvent cementing except where flanged or threaded fittings are required at expansion joints, valves, flow meters, equipment connections or otherwise shown or directed.

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b. Flanged Joints: 1) Use flanges joined to pipe by solvent cementing. 2) Flange Drilling and Dimensions: Comply with ANSI B16.1. 3) Flange Gaskets: Viton full face. 4) Bolts, Nuts and Washers: Type 316 stainless steel. 5) Provide washers on each face of the bolted connection.

c. Threaded Joints: 1) Taper Pipe Threads: ANSI B2.1. 2) Joint Preparation: Teflon tape. 3) Use PVC dies for taper pipe threads.

d. Primer and Solvent Cement: 1) Standard: a) PVC: ASTM D 2564. b) CPVC: ASTM F 493.

4. Fittings: a. Socket-Type:

1) PVC: a) Standard: ASTM D 2467. b) Designation: PVC I. 2) CPVC: a) Standard: ASTM F 439. b. Threaded Type: 1) PVC: a) Standard: ASTM D 2464. b) Designation: PVC I. 2) CPVC: a) Standard: ASTM F 437.

B. Polyvinyl Chloride (PVC) Piping – Gravity Sewer Pipe and Fittings:

1. Pipe and Fitting Material: a. Standard: ASTM D 1784.

2. Pipe and Fittings: a. Standard:

1) 4-inch through 15-inch diameter: ASTM D 3034. 2) 18-inch through 27-inch diameter: ASTM F 679.

b. Thickness Class: As shown in item 1.1 this section. 3. Joints:

a. Push On Joints: Connect pipe with integral wall bell and spigot joints. The bell shall consist of an integral wall section with a solid cross section rubber gasket, factory assembled, securely locked in place to prevent displacement during assembly. Joints shall be assembled in accordance with the pipe manufacturer’s recommendations and ASTM D 3212.

b. Gaskets: Rubber gaskets shall be in compliance with ASTM F 477 and shall be suitable for the service specified.

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2.4 POLYVINYL CHLORIDE (PVC) PIPE – C900 Piping (FORCE MAINS)

1. This pipe shall meet the requirements of AWWA C900-75 for Polyvinyl Chloride (PVC) Pressure Pipe. The pipe shall be PVC 1120 pipe with cast iron pipe equivalent ODs. See Table 1 below for pipe material depth and pressure limitations.

2. Provisions must be made for expansion and contraction at each joint with a rubber ring. The bell shall consist of an integral wall section with a solid cross-section rubber ring which meets the laboratory performance of ASTM D3139. The bell section shall be designed to be at least as strong as the pipe wall.

3. Standard laying lengths shall be 20 feet + for all sizes. At least 85 percent of the total footage of pipe of any class and size shall be furnished in standard lengths, the remaining 15% in random lengths. Random lengths shall not be less than 10 feet long. Each standard and random length of pipe shall be tested to four times the class pressure of the pipe for a minimum of 5 seconds. The integral bell shall be tested with the pipe.

4. Fittings for all lines 4 inches in diameter or larger shall be restrained ductile iron and in accordance with AWWA C153 and have a body thickness and radii of curvature conforming to ANSI A21.10 or ANSI A21.53 for compact fittings.

5. Fittings for all lines less than 4 inches in diameter shall be PVC gasketed push on type or socket glue-type manufactured specifically for the pipe class being utilized. All socket-glue type connections shall be joined with PVC solvent cement conforming to ASTM D2564. Product and viscosity shall be as recommended by the pipe and fitting manufacturer to assure compatibility. Solvent cement joints shall be made up in accordance with the requirements of ASTM D2855.

6. Appropriate restraint shall be provided for all fittings. Fittings shall be restrained with EBAA Iron Mega-Lugs, without exception. Pipe joints on either side of the fittings shall also be restrained to the distance required by the restrained joint calculations with the appropriate EBAA Iron Mega- Lug. The appropriate restraints are listed below: • Series 2000SV: MEGALUG Restraint for existing C900 PVC Pipe

at DIP fitting • Series 2500: MEGALUG Restraint for C900 at PVC fitting • Series 2800: MEGALUG Restraint Harness for C900 • Series 2200: MEGALUG Restraint for C900 at DIP Mechanical

Joint fitting

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TABLE -1 Pipe Material Depth and Pressure Limitations

Pipe Material Minimum Depth of Bury1, 2

Maximum Depth of Bury1, 2

Pressure Class / Rating

Maximum Surge Pressure Capacity

Pressure Class 350 – DIP 3 ft. 30 ft. 350 psi 450 psi DR 25 – C900 PVC 3 ft. 10 ft. 165 psi.3 264 psi5 DR 18 – C900 PVC 3 ft. 20 ft. 235 psi.3 376 psi5 DR 14 – C900 PVC 3 ft. 30 ft. 305 psi.3 488 psi5

1. Depth of bury limitations are provided as a general rule. At the discretion of SD1, greater depths may be allowed provided special pipe bedding is provided. Under some combinations of pipe material, soil type and bedding conditions, maximum acceptable depths may be reduced. For all applications where depth of bury is greater than or equal to thirty (30) feet, DIP shall be used.

2. Design ENGINEER shall consult appropriate references to ensure selected pipe material is suitable for each application. Such references may include the DIPRA Design of Ductile Iron Pipe brochure, Uni-Bell Handbook of PVC Pipe Design and Construction, PWEagle Technical Bulletins TB-D5 and TB-D8 (for PVC pipe), or Performance Pipe Bulletin PP 503 and PP 508 (for HDPE pipe) or other appropriate sources.

3. Total System Pressure (i.e. maximum working pressure plus any routine pressure surge) shall be less than the Pressure Class, as defined by AWWA C900-07 (values given in the above table are at 73.4˚F). “Maximum working pressure” is the maximum steady-state, sustained operating pressure applied to the pipe exclusive of transient pressures.

4. Maximum working pressure shall be less than the Pressure Class, and Total System Pressure (i.e. maximum working pressure plus any routine pressure surge) shall be less than 1.5 times the Pressure Class, as defined by AWWA C906-07 (values given in the above table are at 73.4˚F). “Maximum working pressure” is the maximum steady-state, sustained operating pressure applied to the pipe exclusive of transient pressures.

5. For C900 PVC pipe, maximum working pressure plus occasional or “emergency” surges shall not be greater than the Maximum Surge Pressure Capacity (1.6 times the Pressure Class of the pipe) as defined by AWWA C900(2007).

6. For C906 HDPE pipe, maximum working pressure plus occasional or “emergency” surges shall not be greater than the Maximum Surge Pressure Capacity (2.0 times the Pressure Class of the pipe) as defined by AWWA C906(2007).

2.5 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS

A. Quality Assurance: 1. Qualification of Manufacturers: Qualified manufacturers shall be firms

regularly engaged in the manufacture of HDPE pipe and pipe fittings of the same size, type, and joint configuration specified, and whose products have been in satisfactory use for not less than five (5) years.

2. Heat Fusion Training/Certification: The CONTRACTOR shall ensure and certify that persons making heat fusion joints have received training in the manufacturer’s recommended procedure not more than 12 months prior to commencing construction. a. An experienced, competent, and authorized field service

02610-16

representative shall be provided by the pipe manufacturer to perform all pipe manufacturer’s field services specified herein. The field service representative’s minimum required experience qualifications shall include 5 years of practical knowledge and experience in making heat fusion joints and installing HDPE pipe.

b. All HDPE pipe shall be installed in accordance with the pipe manufacturer’s recommendations. The pipe manufacturer’s field service representative shall visit the site and inspect, check, instruct, guide, and direct CONTRACTOR’s procedures for pipe handling and installation at the start of the pipe installation. The fusion pipe manufacturer’s field service representative shall coordinate his services with CONTRACTOR.

c. Each joint shall be checked by CONTRACTOR as instructed by the pipe manufacturer’s field service representative to determine that the pipe is properly fused.

d. The pipe manufacturer’s field service representative shall furnish to SD1, through ENGINEER, a written report certifying that CONTRACTOR’s installation personnel have been properly instructed and have demonstrated the proper pipe handling, fusion, and installation procedures. The pipe manufacturer’s field service representative shall also furnish to SD1, through ENGINEER, a written report of each site visit. The pipe manufacturer’s field service representative shall revisit the site as often as necessary until all trouble is corrected and the pipeline installation and operation are satisfactory in the opinion of the ENGINEER.

e. All costs for these services shall be included in the Contract Price. 3. Interchangeability of Pipe and Fittings: Within Contract limits, pipe and

fittings from different approved manufacturers shall not be interchanged. 4 HDPE shall be manufactured in accordance with ASTM F 714, Polyethylene

(PE) Plastic Pipe (SDR-PR) Based on Outside Diameter, and shall be so marked. Each production lot of pipe shall be tested for (from material or pipe) melt index, density, percent carbon, (from pipe) dimensions and ring tensile strength.

5. Materials used for the manufacture of HDPE pipe and fittings shall be PE3408 HDPE, meeting cell classification 345434C or 345434E per ASTM D 3350 and meeting Type III, Class B or Class C, Category 5, Grade P34 per ASTM D 1248; and shall be listed in the name of the pipe and fitting manufacturer in Plastics Pipe Institute (PPI) TR-4, Recommended Hydrostatic Strengths and Design Stresses for Thermoplastic Pipe and Fittings Compounds, with a standard grade rating of 1,600 psi at 73° F. The manufacturer shall certify that the materials used to manufacture pipe and fittings meet those requirements.

6. Fabricated fittings shall be made by heat fusion joining specially machined shapes cut from pipe, polyethylene sheet stock, or molded fittings. Fabricated fittings shall be rated for internal pressure service at least equal to the full service pressure rating of the mating pipe. Directional fittings

02610-17

16-inch IPS and larger such as elbows, tee, etc., shall have a plain end inlet for butt fusion and flanged directional outlets.

7. Molded fittings shall be manufactured in accordance with ASTM D 3261, Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE ) Plastic Pipe and Tubing, and shall be so marked. Each production lot of molded fittings shall be subjected to the test required under ASTM D 3261.

8 Flange adapters shall be made with sufficient through-bore length to be clamped in a butt fusion joining machine without the use of a stub-end holder. The sealing surface of the flange adapter shall be machined with a series of small V-shaped grooves to provide gasketless sealing, or to restrain the gasket against blow-out.

9. Flange adapters shall be fitted with back-up rings pressure rated equal to or greater than the mating pipe. The back-up ring bore shall be chamfered or radiused to provide clearance to the flange adapter radius. Flange bolts and nuts shall be Grade 2 or higher.

10. Joints between HDPE pipes and between HDPE fittings and pipes shall be fusion bonded as described in Section 3.5.

11. The exterior of the HDPE pipe shall be color coded and striped in a way to identify the difference in pipe service, size and application.

12. HDPE pipe shall be black. 13. All piping used for horizontal directional drilling shall be permanently striped.

14. Internal 316 stainless steel stiffeners as manufactured by JCM Industries, Inc., or approved equal shall be used at all locations where external connectors or restraint clamps are installed. MJ adapters as manufactured by Central Plastics Company or equal, with creation of positive restraint to the pipe from heat fusion of the adapter to the pipe, and creation of positive restraint at the connection through bolting of the backup ring to the MJ valve or fitting, can be used in lieu of the JCM internal stainless steel stiffeners and external restraint clamps.

15. Except as noted in item 14 above, all mechanical connections shall be stiffened and restrained. Restraints shall be as manufactured by JCM Industries, Inc., or approved equal.

16. External restraint clamps utilized for transition from ductile iron pipe to polyethylene pipe shall be as manufactured by JCM Industries, Inc., or approved equal. Restraints must be compatible with stiffeners and pipe. JCM restraints shall not be used with HDPE pipe in locations where test pressures will exceed 150 psi. In locations where HDPE pipe will have test pressures exceeding 150 psi, provide an MJ adapter as described in item 14 above.

17. The Dimension Ratios (DR’s) are shown on the table below:

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Pipe Material Depth and Pressure Limitations

Pipe Material Minimum Depth of Bury1, 2

Maximum Depth of Bury1, 2

Pressure Class / Rating

Maximum Surge Pressure

Capacity DR 17 – HDPE 3 ft. 10 ft. 100 psi4 200 psi6 DR 13.5 – HDPE 3 ft. 15 ft. 128 psi4 256 psi6 DR 11 – HDPE 3 ft. 20 ft. 160 psi4 320 psi6 DR 9 – HDPE 3 ft. 25 ft. 200 psi4 400 psi6 DR 7.3 – HDPE 3 ft. 25 ft. 254 psi4 508 psi6

1. Depth of bury limitations are provided as a general rule. At the discretion of SD1, greater depths may be allowed provided special pipe bedding is provided. Under some combinations of pipe material, soil type and bedding conditions, maximum acceptable depths may be reduced. For all applications where depth of bury is greater than or equal to thirty (30) feet, DIP shall be used.

2. Design ENGINEER shall consult appropriate references to ensure selected pipe material is suitable for each application. Such references may include the DIPRA Design of Ductile Iron Pipe brochure, Uni-Bell Handbook of PVC Pipe Design and Construction, PWEagle Technical Bulletins TB-D5 and TB-D8 (for PVC pipe), or Performance Pipe Bulletin PP 503 and PP 508 (for HDPE pipe) or other appropriate sources.

3. Total System Pressure (i.e. maximum working pressure plus any routine pressure surge) shall be less than the Pressure Class, as defined by AWWA C900-07 (values given in the above table are at 73.4˚F). “Maximum working pressure” is the maximum steady-state, sustained operating pressure applied to the pipe exclusive of transient pressures.

4. Maximum working pressure shall be less than the Pressure Class, and Total System Pressure (i.e. maximum working pressure plus any routine pressure surge) shall be less than 1.5 times the Pressure Class, as defined by AWWA C906-07 (values given in the above table are at 73.4˚F). “Maximum working pressure” is the maximum steady-state, sustained operating pressure applied to the pipe exclusive of transient pressures.

5. For C900 PVC pipe, maximum working pressure plus occasional or “emergency” surges shall not be greater than the Maximum Surge Pressure Capacity (1.6 times the Pressure Class of the pipe) as defined by AWWA C900(2007).

6. For C906 HDPE pipe, maximum working pressure plus occasional or “emergency” surges shall not be greater than the Maximum Surge Pressure Capacity (2.0 times the Pressure Class of the pipe) as defined by AWWA C906(2007).

The DRs shall be verified by the Design ENGINEER and the manufacturer for the laying and pressure conditions shown on the drawings, including full consideration of vacuum, with calculations submitted to SD1 for review. NOTE: Manufacturers who do not comply with this requirement will not be considered an equal. The CONTRACTOR shall be liable if the pipe fails or pulls apart. The minimum DR shown above shall be used unless a thicker wall DR is recommended by the manufacturer during his verification. For horizontal directional drilling (HDD), pipe installed at depths from 0’-15’ deep shall have a minimum DR 9 rating or manufacturer’s minimum recommended DR, whichever is more conservative. HDD pipe installed at depths greater than 15’ shall also have a minimum DR 9 rating or manufacturer’s minimum recommended DR, whichever is more conservative.

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CONTRACTOR shall note that depending on the wall thickness of the pipe to be furnished, an increase in pipe size may be required to provide comparable internal diameter to ductile iron pipe. 18. Mechanical joint ductile iron fittings for DIP sized HDPE pipe meeting all

requirements of ANSI A211.11 (AWWA C111) may be used in lieu of HDPE pipe fittings. Restraints shall be Sur-Grip as manufactured by JCM Industries, Inc., or approved equal.

19. Nuts, bolts, and tie -rods used on buried pressure pipe and fittings shall be low alloy steel T- bolts with Zinc anode caps for all T-bolts and rods. The entire installation shall be wrapped in two layers of polyethylene encasement. Nuts, bolts and stiffener plates which will be in contact with sewage shall be stainless steel Type 316.

20. HDPE pipe shall have OD of ductile iron pipe. 21. HDPE pipe shall be as manufactured by CP Performance Pipe, or equal.

2.6 FIBERGLASS REINFORCED POLYMER MORTAR (FIBERGLASS) PIPE AND

FITTINGS (GRAVITY LINES)

A. Fiberglass reinforced polymer mortar (fiberglass) pipe and fittings for gravity sewers shall conform to the requirements of ASTM D-3262, current approval, “Standard Specification for ‘Fiberglass’ (Glass-Fiber-Reinforced Thermosetting Resin) Sewer Pipe.”

B. Materials: 1. Resin Systems: The manufacturer shall use only polyester resin systems with

a proven history of performance in this particular application. The historical data shall have been acquired from a composite material of similar construction and composition as the proposed product.

2. Glass Reinforcements: Chopped glass reinforcement fibers used to manufacture the components shall be of highest quality commercial grade E-glass filaments with binder and sizing compatible with impregnating resins. Continuous circumferential glass reinforcement fibers, where utilized, shall be of grade ECR-glass with binder and sizing compatible with impregnating resins.

3. Silica Sand: Sand shall be a minimum of 98% silica with a maximum moisture content of 0.2%.

4. Additives: Resin additives, such as curing agents, pigments, dyes, fillers, thixotropic agents, etc., when used, shall not detrimentally affect the performance of the product.

5. Elastomeric Gaskets: Gaskets shall be supplied by qualified gasket manufacturers and be suitable for the service intended.

C. Manufacture and Construction:

1. Pipes: Manufacture pipe by a process that will result in a dense, non-porous, corrosion-resistant, consistent composite structure.

2. Joints: Unless otherwise specified, the pipe shall be field connected with fiberglass couplings that utilize elastomeric EPDM or REKA sealing gaskets

02610-20

as the sole means to maintain joint watertightness. The joints shall meet the performance requirements of ASTM D4161. Additionally, the joints shall be rated to a pressure of 80% of -14.7 psi as installed. Joints at tie-ins, when needed may utilize fiberglass, gasket-sealed closure couplings.

3. Fittings: Flanges, elbows, reducers, tees, wyes, laterals and other fittings shall be capable of withstanding all operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe joined by glass-fiber-reinforced overlays. All fittings and couplings shall be pressure rated for a minimum of 50 psi.

4. End Coating: Protective spigot end resin coating shall be applied at the time of manufacture. CONTRACTOR shall similarly coat the ends of all field cut pipes if the wall of the pipe is completely de-aerated during the production process and glass and sand are not impregnated with 100% pure resin to form a wall that cannot be penetrated by water.

5. Fiberglass pipe shall be as manufactured by: Hobas Pipe USA, Inc., or approved equal.

6. For bury depths greater than 20 feet, CONTRACTOR shall comply with special trench construction requirements recommended by the manufacturer.

D. Dimensions:

1. Diameters: The actual outside diameter of the pipe barrel shall be in accordance with ASTM D3262. The internal diameters of all pipes shall be as specified on the Contract Drawings for each pipe diameter.

2. Lengths: Pipe shall be supplied in nominal lengths of 20 feet. Actual laying length shall be nominal +1, -4 inches. At least 90% of the total footage of each size and class of pipe, excluding special order lengths, shall be furnished in nominal length sections.

3. Wall Thickness: The minimum wall thickness shall be the required design thickness for the laying conditions. Manufacturer shall provide information in writing to SD1 per the submittal requirements.

4. End Squareness: Pipe ends shall be square to the pipe axis with a maximum tolerance of 1/4 inch.

E. Testing:

1. Pipes: Pipes shall be manufactured and tested in accordance with ASTM D3262.

2. Joints: Joints shall meet the requirements of ASTM D4161. 3. Stiffness: As tested in accordance with ASTM D2412. Any fiberglass pipe

run that exceeds 20 feet ,but less than 30 feet, in depth to invert anywhere along the run length from one manhole or structure to a second manhole or structure shall be a minimum stiffness of 72 psi for the entire run.

F. Customer Inspection:

1. SD1 or other designated representative shall be entitled to inspect pipes at the factory or witness the pipe manufacturing.

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2. Manufacturers Notification to Customer: Should SD1 request to see specific pipes during any phase of the manufacturing process, the manufacture must provide SD1 with adequate advance notice of when and where the production of those pipes will take place.

G. Packaging, Handling, and Shipping shall be done in accordance with the

manufacturer’s instructions. 2.7 TRACER WIRE

A. All pressure pipe shall have marking tape 6” wide. Marking tape for the force main shall be green with the words “Sanitary Sewer” installed approximately twelve (12) inches above the pipe and shall continue for the length of the pipe installation.

B. All pipe for sanitary force mains shall be installed with a twelve (12) gauge solid

copper (PVC coated) tracing wire taped to the top of the pipe every five (5) feet. No tracing wire length shall exceed fifteen hundred (1500) feet between air release valves and/or discharge manhole, where system becomes gravity, without terminating in a curb stop box marked with “Sewer”. Tracing wire must run continuously through air release valves and made accessible from ground level. Sanitary force mains that end in a discharge manhole, at which point system becomes gravity, shall terminate tracing wire in a curb stop box next to the discharge manhole. Curb stop boxes shall not be located in pavement areas. Splices in the tracing wire shall be kept to a minimum and approved by SD1. If splices are required, they shall be made with copper split bolt (Ilsco #1K-8 or approved equal) and taped with electrical tape. Tracer wire shall be tested to confirm it is functioning properly after installation.

2.8 PIPE COUPLINGS

The pipe couplings shall be of a gasketed, sleeve-type with diameter to properly fit the pipe. Each coupling shall consist of one (1) stainless steel middle ring, of thickness and length specified, two (2) stainless steel followers, two (2) rubber-compounded wedge section gaskets and sufficient track-head steel bolts to properly compress the gaskets. The couplings shall be assembled on the job in a manner to insure permanently tight joints under all reasonable conditions of expansion, contraction, shifting and settlement, unavoidable variations in trench gradient, etc. The coupling shall be Dresser, Style 38, as manufactured by Dresser Manufacturing Division, Bradford, PA, or equal.

2.9 WYE BRANCH FITTINGS AND LATERALS FOR NEW CONSTRUCTION

A. Tee or wye branch fittings shall be used for household or service connection lines to the sewer collector line. The fittings shall meet the requirements of the mainline pipe materials as specified herein. The wyes and tees shall be located as shown on the Contract Drawings. The wyes and tees shall be positioned as to require the least number of fittings per lateral connection. Regular wye connections shall be in

02610-22

accordance with Standard Drawing No. 120. Stack wye connections shall include vertical piping, elbows, wye, and concrete encasement in accordance with Standard Drawing No. 108. If a single sweep tee connection is used, the sweep must be in the direction of sanitary sewer main

B. Inserta Tee pipe fittings are permitted as an alternate lateral tap connection in lieu of

wye fittings on a case by case basis for new construction. Inserta Tee type shall be compatible for the pipe type be tapped. Contractor shall be responsible for supplying the proper Tee. Install Inserta Tees using procedures and equipment as referenced in the manufacturer’s written installation instructions and in accordance with standard drawing 102.

C. Tapping saddles shall only be used with the explicit approval of SD1 on a case by

case basis. D. Lateral extensions shall be installed from the end of the regular or stack wye

connection to the limit of easement or public right-of-way in accordance with Standard Drawing No. 120.

2.10 CONNECTIONS TO EXISTING SEWERS

A. Connections to existing public sewers shall be made at the nearest wye or tee

available on the public sewer. Connections to existing sewers where wyes or tees are not available shall be made by one of the following methods: 1. Install a wye or tee branch fitting per the manufacturer’s recommendations or

an approved method by SD1. 2. Inserta Tee Pipe Fittings: Install Inserta Tees using procedures and equipment

as referenced in the manufacturer’s written installation instructions and in accordance with standard drawings 102.

3. Tapping Saddles: Tapping saddles shall only be used with the explicit approval of SD1 on a case by case basis.

2.11 JOINT RESTRAINERS AND APPURTENANCES

A. General: Where new pipe is connected to the existing piping, consult SD1 for appropriate pipe connections.

PART 3 - EXECUTION 3.1 GENERAL

A. After being delivered alongside the trench, the pipe, fittings, and specials shall be carefully examined for cracks, soundness, or damage, or other defects while suspended above the trench before installation. No piece of pipe or fitting which is known to be defective shall be laid or placed in the lines. If any defective pipe or

02610-23

fitting shall be discovered after the pipe is laid, it shall be removed and replaced with a satisfactory pipe or fitting without additional charge. Before each piece of pipe is lowered into the trench, it shall be thoroughly cleaned out. Each piece of pipe shall be lowered safely and separately in the trench. In case a length of pipe is cut to fit in a line, it shall be so cut as to leave a smooth end at right angles to the longitudinal axis of the pipe.

B. The bell and spigot of the joint shall be thoroughly wire brushed and cleaned of dirt

and foreign matter immediately prior to jointing. The contact surfaces shall be coated with the lubricant, primer or adhesive recommended by the manufacturer, and then the pipe shall be pushed together until the joint snaps distinctly in place. The pushing together of the pipe may be done by hand or by the use of a bar.

C. Place pipe to the grades and alignment indicated, with a tolerance of one in 100

vertical and one in 500 horizontal. Remove and relay pipes that are not laid correctly. Slope piping uniformly between elevations shown.

D. Trenches shall be kept dry during pipe laying. Before pipe laying is started, all water

that may have collected in the trench shall be removed. Ensure that ground water level in trench is at least 12 inches below bottom of pipe before laying piping. Do not lay pipe in water. Maintain dry trench conditions until jointing and backfilling are complete and protect and keep clean water pipe interiors, fittings and valves.

E. All pipe shall be laid starting at the lowest point and proceed towards the higher

elevations. Place bell and spigot pipe so that bells face the direction of laying. F. When laying of the pipe is stopped, the end of the pipe shall be securely plugged or

capped. Plugging shall prevent the entry of animals, liquids, or persons into the pipe or the entrance or insertion of deleterious material. 1. Install standard plugs into all bells at dead ends, tees or crosses. Cap all

spigot ends. 2. Fully secure and block all plugs and caps installed for pressure testing to

withstand the specified test pressure. 3. Where plugging is required for phasing of the Work or for subsequent

connection of piping, install watertight, permanent type plugs. G. Pipe manufacturer for each pipe type used shall be present and instruct

CONTRACTOR on proper installation technique per shop drawings and manufacturer’s recommended procedures prior to the start of the Work.

H. Install piping as shown, specified and as recommended by the manufacturer. If there

is a conflict between manufacturer’s recommendations and the Drawings or Specifications, request instructions from SD1 before proceeding.

I. Deflections at joints shall not exceed 75 percent of the amount allowed by the pipe

manufacturer.

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J. Field cut pipe, where required, with a machine specially designed for cutting piping.

Make cuts carefully, without damage to pipe or lining, and with a smooth end at right angles to the axis of pipe. Cut ends on push-on joint shall be tapered and sharp edges filed off smooth. Flame cutting will not be allowed.

K. Touch up protective coatings in a satisfactory manner prior to backfilling. See pipe

material section for specific requirements.

L. Place concrete pipe containing elliptical reinforcement with the minor axis of the reinforcement in a vertical position.

M. Laying Pipe and Service Laterals

1. Conform to manufacturer's instructions and requirements of the standards listed below, where applicable:

a. Ductile Iron Pipe: AWWA C600, AWWA C105. b. Concrete Pipe: AWWA M9, Concrete Pipe Handbook. c. Thermoplastic Pipe: ASTM D 2774. d. ASCE Manual of Practice No. 37.

3.2 PIPING INSTALLATION- GENERAL

A. Excavation for Pipeline Trenches: Refer to Section 02220. Trenches in which pipes are to be laid shall be excavated to the depths shown on the Drawings or as specified by the ENGINEER. Minimum cover for all pipelines shall be 36 inches under non-traffic areas and 60 inches under traffic areas unless otherwise shown on the Drawings. Notify ENGINEER in advance of excavating, bedding and pipe laying operations.

B. Jointing: The types of joints described herein shall be made in accordance with the

manufacturer’s recommendations.

C. Separation of Sewers and Potable Water Pipe Lines: 1. Horizontal and Vertical Separation:

a. Wherever possible, existing and proposed potable water mains and service lines, and sanitary and storm sewers and service lines shall be separated horizontally by a clear distance of not less than 10 feet.

b. If local conditions preclude a clear horizontal separation of not less 10 feet, the installation will be permitted provided the potable water main is in a separate trench or on an undistributed earth shelf located on one side of the sewer and at an elevation so the bottom of the potable water main is at least 18 inches above the top of the sewer.

c. Exception: 1) Where it is not possible to provide the minimum horizontal

and vertical separation described above, the potable water main must be constructed of cement lined ductile iron slip-on or mechanical joint pipe complying with the public water

02610-25

supply design standards of the governing agency. Sewer must be constructed of epoxy lined ductile iron slip-on or mechanical joint pipe complying with SD1’s requirements. Both pipes shall be pressure tested in accordance with the requirements of the buried piping schedule, but in no case less than 150 psi, to assure watertightness before backfilling.

2. Crossings: a. Provide a minimum vertical distance of 18 inches between the

outsides of pipes. b. Center one full length section of potable water main over the sewer so

that the sewer joints will be equidistant from the potable water main joints.

c. Provide adequate structural support where a potable water main crosses under a sewer to maintain line and grade.

d. Exceptions: 1) See requirements in paragraph 3.2.C.1.c.(1) above. 2) Encase either potable water main or sewer in a watertight

carrier pipe that extends 10 feet on both sides of the crossing, measured perpendicular to the potable water main.

D. Piping in close proximity to cathodic protection:

1. Where new metal piping is in close proximity to or crosses existing steel or Ductile Iron pipe confirmation if the existing piping has cathodic protection shall be performed. If existing piping is catholically protected, SD1 shall be consulted for direction.

E. On steep slopes, take measures acceptable to ENGINEER to prevent movement of

the pipe during installation. Permanent slope anchors shall be installed on all pipe with slopes over twenty (20) percent. See the SD1’s standard detail for Concrete Anchor Block. Consult with SD1 on spacing of the anchors.

F. Where force mains parallel gravity sewers, fittings shall be provided to maintain

12-inches of separation between all pipes and manholes. G. Reaction Anchorage (Pressure Pipe Only):

1. All tees, Y-branches, bends deflecting 11-1/4 degrees or more, and plugs which are installed in buried piping shall be provided with proprietary restrained joint systems for preventing movement of the pipe and joints caused by the internal test pressure.

H. Thrust Restraint:

1. Provide thrust restraint on pressure piping systems where shown and specified.

2. Thrust restraint for DIP shall be accomplished by means of restrained pipe joints.

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3. Thrust restraints shall be designed for the axial thrust exerted by the system design pressures as specified by the Design ENGINEER.

I. Dewatering and Groundwater:

1. Discharging of sediment laden groundwater or rainwater from excavations directly to watercourses or storm sewers is prohibited. Failure of the CONTRACTOR to comply with the requirements of this specification may result in SD1 issuing a stop work order or non-approval of pay estimates until the CONTRACTOR puts measures in place to comply with this specification. All costs associated with the stop work or non-approval of pay estimates shall be at the CONTRACTOR’s sole expense.

2. Pipe trenches and excavations for appurtenances shall be kept free from water during trench bottom preparation, pipe laying and jointing, pipe embedment and building of appurtenances in an adequate and acceptable manner.

3. Where the trench or excavation bottom is mucky or otherwise unstable because of ground water, or where the ground water elevation is above the bottom of the trench or excavation, the ground water shall be lowered by means acceptable to the ENGINEER to the extent necessary to keep the trench or excavation free from water while the trench or excavation is in progress. The discharge of ground water from the trench or excavation area shall be by the methods specified below to natural drainage channels, gutters, drains, or storm sewers which will conduct the water away from the trench or excavation area. Means of diverting any surface water away from the trench or excavation area shall be taken and surface water prevented from entering the trench or excavation area.

4. Dewatering equipment shall be provided 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 sub grade 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.

5. 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 a minimum of 6 inches or more below the bottom of the excavation.

6. Surface water shall be diverted or otherwise prevented from entering excavations or trenches to the greatest extent possible without causing damage to adjacent property.

7. Groundwater and rainwater removed during dewatering shall be discharged onto undisturbed ground where vegetative cover exists or through sediment and erosion controls and allowed to flow overland to filter out any sediments before discharging to any drain, storm sewer, or watercourse specified above. No such flows are permitted onto exposed soils, stream banks, or other areas subject to erosion.

02610-27

8. Where overland flow on existing undisturbed ground is not sufficient to adequately remove all sediment from dewatering operations prior to discharge to any drain, storm sewer, or watercourse, straw bale check dams, sediment capturing bags, or other means shall be used to remove the sediment from the water prior to discharge. The method of discharging ground water or rain water from the trench or excavation area shall be such as to not create any erosion of existing ground.

9. All discharge locations shall be approved prior to construction by the ENGINEER and OWNER.

10. CONTRACTOR shall take measures to prevent damage to properties, structures, sewers, and other utility installations and other work.

11. CONTRACTOR shall repair all damage, disruption, or interference resulting directly or indirectly from groundwater control system operations at no additional cost to SD1.

12. The CONTRACTOR shall maintain the components of the dewatering system and surface water erosion and sediment controls within the project site. Deficiencies identified during visual inspection by SD1, SD1 's representatives, or the governing regulatory authority shall be remedied by the CONTRACTOR at no additional cost to SD1.

13. Dewatering system components shall be located where they will not interfere with construction activities adjacent to the work area.

14. The CONTRACTOR shall be responsible for the condition of any pipe or conduit which he may use for drainage purposes, and all such pipe or conduit shall be left clean and free of sediment.

J. Groundwater Barriers: 1. Where specified, continuity of bedding material shall be interrupted by

low permeability groundwater barriers to impede passage of water through the bedding. Groundwater barriers for all pipelines shall be soil plugs of 3 feet in thickness, extending the full depth and width of the pipe bedding material in the trench, and spaced not more than 400 feet apart. The soil plugs shall be constructed from soil meeting ASTM D2487 classification GC, SC, CL, or ML, and compacted to 95 percent of maximum density at or near the optimum moisture content (ASTM D698).

K Pipe Encasements:

1. Concrete Encasement: a. Wherever pipe encasement is called for on the plans or ordered in by

SD1, the CONTRACTOR shall construct the encasement as shown on the drawings or in accordance with SD1’s standard drawings.

b. Support the pipe sections on oak blocks or other compressible blocks, being sure to keep the pipe sections on line and grade and then pour concrete, completely under each section, along each side and up to a point at least twelve (12) inches above the top of each section, making sure that all voids are filled. In lieu of blocks, the CONTRACTOR may use a bed of concrete, to initially support the pipe sections.

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c. The minimum dimension of concrete under the pipe sections shall be six (6) inches and on each side of the sections shall be twelve (12) inches. This encasement shall be reinforced around the top and sides of the pipe as shown on the Contract Drawings for creek crossings and other locations. If the trench walls are nearly vertical from the bottom of the trench up to a point to which the encasement is to be poured, forms for forming the encasement may be omitted and the concrete poured to and against the trench walls. Where trench walls are not nearly vertical, proper forms shall be set for forming the encasement, unless otherwise called for by SD1. The space between the trench walls and any formed encasement shall be filled and compacted with approved pipe bedding or backfilling material.

d. Care shall be taken to assure that the pipe sections remain on line and grade during the placing of concrete and that the joints are not disturbed. Backfill shall not be placed for a minimum of six (6) hours after encasement is completed, unless otherwise approved by SD1.

e. Exercise care to avoid flotation when installing pipe in cast-in-place concrete.

2. Casing Pipe: a. Whenever casing pipe is called for on the plans, the CONTRACTOR

shall install a casing pipe of the size and of the material called for on the plans by means of jacking, boring, or trenching.

b. When the casing pipe is to be installed under a highway or railroad, and at other locations specifically designated on the Drawings, the method of installation shall be jacking or boring as specified in Section 02400, unless trenching is specifically allowed. 1. For force mains inside casing pipe all pipe joints shall be

restrained joint connections. Casing spacers or wood blocking shall be used to center the pipe in the casing. The annular space between the force main and casing pipe shall be completely filled with 500 psi or higher compressive strength grout.

2. For gravity pipe inside casing pipe, casing spacers shall be used to center the pipe within the casing. The annular space does not have to be filled.

c. Casing Spacers- Include in casing pipe. Centered/Restrained Casing spacers shall be installed to position the carrier pipe within the center of the casing pipe. The required spacing and installation shall be per the manufacturer’s recommendation, except that for PVC carrier pipe, a minimum of 3 spacers shall be installed on each length of pipe with a maximum 6 feet spacing between spacers. All spacers shall be 316 stainless steel as manufactured by Cascade Waterworks MFG Co., Advance Products and Systems (APS) or other approved equal. Casing spacers shall also be provided with height field-adjustment capability for installation of gravity sewer on a constant slope.

02610-29

d. Casing pipe end seals shall be installed at each end of the casing pipe and shall consist of a proper sized rubber seal and attached to the carrier and casing pipe with stainless steel bands per the manufacturers recommendation. Casing pipe end seals shall be manufactured by Cascade Waterworks MFG Co., Advanced Products and Systems (APS) or other approved equal.

L. Work Affecting Existing Piping:

1. Location of Existing Piping: a. Locations of existing piping shown should be considered

approximate. b. CONTRACTOR shall determine the true location of existing piping

to which connections are to be made, and location of other facilities which could be disturbed during earthwork operations, or which may be affected by CONTRACTOR'S Work in any way.

c. Conform to applicable requirements of Division 1 pertaining to cutting and patching, and connections to existing facilities.

2. Taking Existing Pipelines Out of Service: a. Do not take pipelines out of service unless specifically noted on the

Drawings, or approved by SD1. 3. Work on Existing Pipelines:

a. Cut or tap pipes as shown or required with machines specifically designed for this work.

b. Install temporary plugs to prevent entry of mud, dirt, water and debris.

c. Provide all necessary adapters, fittings, pipe and appurtenances required to complete the Work.

M. Install service laterals per SD1’s standard details and per the requirements specified

in this specification,

N. Bedding and backfilling of pipeline trenches shall be in accordance with the requirements set forth in Section 02220 and as shown on SD1’s trench compaction detail.

O. Before final acceptance, the CONTRACTOR will be required to level all trenches or

to bring the trench up to grade. The CONTRACTOR shall also remove from roadways, rights-of-way and/or private property all excess earth or other materials resulting from construction.

02610-30

3.3 DUCTILE IRON PIPE INSTALLATION REQUIREMENTS

A. Jointing Pipe: 1. Ductile Iron Mechanical Joint Pipe:

a. Wipe clean the socket, plain end and adjacent areas immediately before making joint. Make certain that cut ends are tapered and sharp edges are filed off smooth.

b. Lubricate the plain ends and gasket with soapy water or an approved pipe lubricant, in accordance with AWWA C111, just prior to slipping the gasket onto the plain end of the joint assembly.

c. Place the gland on the plain end with the lip extension toward the plain end, followed by the gasket with the narrow edge of the gasket toward the plain end.

d. Insert the pipe into the socket and press the gasket firmly and evenly into the gasket recess. Keep the joint straight during assembly.

e. Push gland toward socket and center it around pipe with the gland lip against the gasket.

f. Insert bolts and hand tighten nuts. g. Make deflection after joint assembly, if required, but prior to

tightening bolts. Alternately tighten bolts 180 degrees apart to seat the gasket evenly. The bolt torque shall be as follows: Pipe Size Bolt Size Range of Torque (inches) (inches) (ft-lbs) 3 5/8 45-60 4-24 3/4 75-90 30-36 1 100-120 42-48 1-1/4 120-150

2. Ductile Iron Push-On Joint Pipe: a. Prior to assembling the joints, the last 8 inches of the exterior surface

of the spigot and the interior surface of the bell shall be thoroughly cleaned and all mud, debris, etc. removed and joint recesses wiped clean.

b. Rubber gaskets shall be wiped clean and flexed until resilient. Refer to manufacturer's instructions for procedures to ensure gasket resiliency when assembling joints in cold weather.

c. Insert gasket into joint recess and smooth out the entire circumference of the gasket to remove bulges and to prevent interference with the proper entry of the spigot of the entering pipe.

d. Immediately prior to joint assembly, apply a thin film of approved lubricant to the surface of the gasket which will come in contact with the entering spigot end of pipe. CONTRACTOR may, at his option, apply a thin film of lubricant to the outside of the spigot of the entering pipe.

e. For assembly, center spigot in the pipe bell and push pipe forward until it just makes contact with the rubber gasket. After gasket is compressed and before pipe is pushed or pulled all the way home,

02610-31

carefully check the gasket for proper position around the full circumference of the joint. Final assembly shall be made by forcing the spigot end of the entering pipe past the rubber gasket until it makes contact with the base of the bell. When more than a reasonable amount of force is required to assemble the joint, the spigot end of the pipe shall be removed to verify the proper positioning of the rubber gasket. Gaskets which have been scoured or otherwise damaged shall not be used.

f. Maintain an adequate supply of gaskets and joint lubricant at the site at all times when pipe jointing operations are in progress.

3. Proprietary Joints: a. Pipe which utilizes proprietary joints such as Fastite, by American

Cast Iron Pipe Company, Tyton by U.S. Pipe Incorporated, restrained joints, or other such joints shall be installed in strict accordance with the manufacturer's instructions.

B. Polyethylene Tube Wrap Installation:

The polyethylene tube wrap shall be installed on ductile iron pipe in accordance with AWWA C105 and the following: 1. Pick up the pipe by a crane at the side of the trench using either a sling or

pipe tongs, and raise the pipe about three feet off the ground. Slip a section of the polyethylene tubing over the spigot send of the pipe and bunch up, accordion fashion, between the end of the pipe and the sling. The tubing should be cut to a length approximately 4 feet longer than the length of the pipe.

2. Lower the pipe into the trench, seat the spigot end in the bell of the adjacent installed pipe and then lower the pipe to the trench bottom. A shallow bell hole shall be provided in the trench bottom to facilitate the wrapping of the joint.

3. Make up the pipe joint in the normal fashion. 4. Remove the sling from the center of the pipe and hook into the bell cavity

and raise the bell end 3 or 4 inches to permit the polyethylene tubing to be slipped along the full length of the barrel. Enough of the tubing should be left bunched up, accordion fashion, at each end of the pipe to overlap the adjoining pipe approximately 2 feet.

5. To make the overlap joint, pull the tubing over the bell of the pipe, fold around the adjacent spigot and wrap with approximately three (3) circumferential turns of the 2-inch wide plastic adhesive tape to seal the tubing to the pipe.

6. The tubing on the adjacent pipe shall then be pulled over the first wrap on the pipe bell and sealed in place behind the bell using approximately three circumferential turns of the 2-inch plastic adhesive tape.

7. The resulting wrap on the barrel of the pipe will be loose, and it should be pulled snugly around the barrel of the pipe and the excess material folded over at the top, and held in place by means of 6-inch strips of the 2-inch wide

02610-32

plastic adhesive tape at intervals of approximately 3 feet along the pipe barrel.

8. Fittings, valves, hydrants, etc., shall be hand wrapped, using polyethylene film that is held in place with the plastic adhesive tape. a. Bends, reducers, and offsets can be wrapped with the polyethylene

tubing in the same manner as pipe. b. Valves can be wrapped by bringing the tube wrap on the adjacent

pipe over the bells or flanges of the valve and sealing with a flat sheet of the polyethylene passed under the valve bottom and brought up around the body to the stem and fastened in place with the adhesive tape.

c. Hydrants can be wrapped with polyethylene tubing slipped over the hydrant to encase the hydrant from the lead-in valve to the ground level of the hydrant. To provide drainage of the hydrant, it is necessary to cut a small hole in the film and insert a short pipe nipple to drain the water to the soil outside the film wrap.

d. All fittings that require concrete backing should be completely wrapped prior to pouring the concrete backing block.

3.4 HDPE INSTALLATION REQUIREMENTS

A. Pipe Joining: 1. Joints between plain end pipes and fittings shall be made by butt fusion, and

joints between the main and saddle branch fittings shall be made using saddle fusion using only procedures that are recommended by the pipe and fittings manufacturer.

2. Butt fusion shall be performed between pipe ends, or pipe ends and fitting outlets, of like outside diameter and wall thickness (SDR or DR). Butt fusion jointing between like diameters, but unlike wall thickness, shall not be permitted. Transitions between unlike wall thicknesses shall be made with a transition nipple (a short length of the heavier wall pipe with one end machined to the lighter wall) or by mechanical means.

3. Heat-joining of HDPE pipe shall conform to applicable portions of AWWA C-906.

4. HDPE pipe and fittings shall be joined together or to other materials by means of flanged connections (flange adapters and back-up rings) or mechanical couplings designed for joining HDPE pipe or for joining HDPE pipe to another material. Mechanical couplings shall be fully pressure-rated and fully thrust restrained such that when installed in accordance with manufacturer’s recommendations, a longitudinal load applied to the mechanical coupling will cause the pipe to yield before the mechanical coupling disjoins. External joint restraints shall be used in lieu of fully restrained mechanical couplings.

02610-33

B. Installation: 1. On every day that butt fusions are to be made, the first fusion of the day shall

be a trial fusion. The trial fusion shall be allowed to cool completely, then fusion straps shall be cut out. The test strap shall be 12-inch (minimum) or 30 times the wall thickness in length with the fusion in the center, and 1-inch (minimum) or 1.5 times the wall thickness in width. Bend the test strap until the ends of the strap touch. If the fusion fails at the joint, a new trial fusion shall be made, cooled completely and tested. Butt fusion of pipe to be installed shall not commence until a trial fusion has passed the bent strap test.

2. Installation shall be in accordance with ASTM D 2321, manufacturer’s recommendations, and this specification. All necessary precautions shall be taken to ensure a safe working environment in accordance with all applicable safety codes and standards.

3. Mechanical joints and flange connections shall be installed in accordance with the manufacturer’s recommended procedure. Flange faces shall be centered and aligned to each other before assembling and tightening bolts. In no case shall the flanged bolts be used to draw the flanges into alignment. Bolt threads shall be lubricated and flat washers shall be fitted under the flange nuts. Bolts shall be evenly tightened according to the tightening pattern and torque step recommendations of the manufacturer. At least one (1) hour after initial assembly, flange connections shall be re-tightened following the tightening pattern and torque step recommendations of the manufacturer. The final tightening torque shall be 100 ft.-lbs. or as recommended by the manufacturer.

4. Pipe shall be laid on grade and on a stable foundation in accordance with Section 02220.

5. When lifting with slings, only wide fabric choker slings shall be used to lift, move, or lower pipe and fittings. Wire rope or chain shall not be used.

6. CONTRACTOR shall be liable to correct any pipe installed off line or grade (whether by horizontal directional drilling or other means).

3.5 POLYVINYL CHLORIDE (PVC) GRAVITY PIPE INSTALLATION REQUIREMENTS

A. Push-on Joints:

1. Bevel all field-cut pipe, remove all burrs and provide a reference mark the correct distance from the pipe end.

2. Clean the pipe end and the bell thoroughly before making the joint. Insert the O-ring gasket, making certain it is properly oriented. Lubricate the spigot well with an approved lubricant; do not lubricate the bell or O-ring. Insert the spigot end of the pipe carefully into the bell until the reference mark on the spigot is flush with the bell.

3.6 FIBERGLASS PIPE INSTALLATION REQUIREMENTS

A. Pipe Handling: Use textile slings, other suitable materials or a forklift. Use of chains or cables is not permitted.

02610-34

B. Jointing: 1. Clean ends of pipe and coupling components. 2. Apply joint lubricant to pipe ends and elastomeric seals of coupling. Use

only lubricants approved by the pipe manufacturer. 3. Use suitable equipment and end protection to push or pull the pipes together. 4. Do not exceed forces recommended by the manufacturer for coupling pipe. 5. Join pipes in straight alignment then deflect to required angle. Do not allow

the deflection angle to exceed the deflection permitted by the manufacturer. 3.7 GENERAL TESTING REQUIREMENTS

A. General: 1. Test all piping. 2. All piping shall be tested prior to post-construction CCTV operations. 3. Notify SD1 at least 48 hours in advance of testing. 4. Conduct all tests in the presence of SD1. 5. Remove or protect any pipeline-mounted devices which may be damaged

by the test pressure. 6. Provide all apparatus and services required for testing, including but not

limited to, the following: a. Test pumps, bypass pumps, hoses, calibrated gauges, meters, test

containers, valves and fittings. b. Temporary bulkheads, bracing, blocking and thrust restraints.

7. Provide air if an air test is required and power if pumping is required. 8. CONTRACTOR shall provide fluid required for testing.

B. Force Mains Test Schedule:

1. The required hydrostatic test pressures shall be as specified by the Design ENGINEER and approved by SD1.

2. Unless otherwise specified, the required hydrostatic test pressures are at the lowest elevation of the pipeline.

C. Pressure Test Procedure for Force Mains:

1. Complete backfill and compaction of entire pipe before testing. 2. Fill section to be tested slowly with water and expel all air. Install

corporation cocks, if necessary, to remove all air. 3. Apply specified test pressure for two hours and observe pressure gage.

Check carefully for leaks while test pressure is being maintained. 4. A successful test shall be defined as zero drop in the specified test pressure

during the two hour testing period.

D. Displacement of Pipe: 1. The sewer pipe sections may be checked by SD1 to determine if any

displacement of the pipe sections from alignment and grade have occurred as each portion of the sewer is completed between manhole locations. When the test is required by SD1, it shall be as follows: a. Flashing a light beam by means of a strong flashlight or reflecting

02610-35

sunlight through the portion of the sewer between manhole locations or by utilizing a laser beam.

b. When viewed from the opposite end of the portion of the sewer from the light location, the light beam should be full throughout the sections, but not less than two-thirds full under any circumstances. There shall be no "dips" in the grade of the pipe invert.

c. If the pipe sections show any misalignment, displacement or any other defects in the sections or joints, the CONTRACTOR shall remedy the defect to the satisfaction of SD1.

d. This test may be done after the pipe sections have been laid, the joints completed and the bedding completed to twelve (12) inches above the pipe sections, or after completion of the sewer and all backfilling has been undertaken or both.

E. Deflection of Pipe:

1. A deflection test shall be performed on all gravity sanitary sewers using flexible pipe. The test shall be conducted after the final backfill has been in place at least thirty (30) days. No pipe shall exceed a deflection of five percent (5%). The deflection test is to be run by using a rigid mandrel, or equal means approved by SD1, and shall have a diameter equal to ninety-five percent (95%) of the inside diameter of the pipe, including the pipe manufacturer’s tolerances. The test shall be performed without mechanical pulling devices. All tests must be witnessed and approved by a representative of SD1.

2. A deflection test shall be performed on all ductile iron gravity sanitary sewers exceeding twelve (12) feet in depth. The test shall be conducted after the final backfill has been in place at least thirty (30) days. No pipe shall exceed a deflection of five percent (5%). The deflection test is to be run by using a rigid fin style mandrel fitted with rubber inline skate wheels, rubber padding on the fins, or equal means to prevent damage to the internal lining of the pipe. If a wheeled mandrel is used each fin shall have 2 wheels made of polyurethane with a Shore Scale durometer value of between 78A and 82A. Any damages to the lining from the mandrel testing shall be repaired to the satisfaction of SD1 at the sole expense of the CONTRACTOR. Final diameter of the protected mandrel shall be equal to ninety-five percent (95%) of the inside diameter of the pipe, including the pipe manufacturers’ tolerances. The test shall be performed without mechanical pulling devices. All tests must be witnessed and approved by a representative of SD1.

F. Air Test for Gravity Sewers 42” and Smaller:

1. The CONTRACTOR shall test the tightness of the pipe sections, joints and appurtenances of all gravity sewers by means of the low pressure air test.

2. No tests shall be made until the backfill is consolidated over the pipe and all service lines in the section to be tested have been connected and plugged.

3. The low pressure air test shall be conducted in accordance with procedures outlined in UNIBELL Specification UNI B-6. If the section of sewer being

02610-36

tested is below the elevation of ground water in the trench, the test pressure shall be 0.433 psi for each foot of ground water above the invert of the pipe.

4. All tests must be witnessed and approved by a representative of SD1. 5. Any leaks determined from the air test shall be replaced by the

CONTRACTOR to the satisfaction of SD1. 6. The minimum air test pressure for all gravity sewers shall be 4 psi.

G. Individual Pipe Joint Testing for Gravity Sewers 48” and Greater: 1. The CONTRACTOR shall test each individual joint of the gravity sewers

using the following procedure: a. The test pressure shall be 22 psig for 10 minutes using the individual

joint apparatus, based in the ASTM 4161 joint test standards. The pressure gage used shall read in one (1) psi increments.

b. Center the joint tester over the joint. Inflate the outer element to the manufacturer’s specified pressure over the desired test pressure.

c. Fill the center of the joint tester cavity with water or air, dependent upon test used, until it flows evenly from the bleed off valve, which removes air from the outer cavity. The bleed off valve shall be located at the top of the joint tester assembly. Close the bleed–off valve and pressurize the cavity to the test pressure. Allow pressure to stabilize (10 to 15 seconds).

d. The test time period is 10 minutes. If the pressure in the cavity drops below 22 psig, the joint is defective and fails the test.

e. When the joint test is completed, all pressure must be exhausted from the center cavity and from the end element to 0 psig. The joint tester can then be transported and positioned on the next joint to be tested.

H. Repair of Failed Pipe Sections: 1. Contact SD1 24 hours prior to making any repairs to failed pipe sections.

SD1 shall be present during the entire duration of time repairs are being made to failed sections of pipe.

2. The CONTRACTOR shall remove and replace, at no extra cost to SD1 all sections of pipe which fail any of the tests specified in this section in accordance with the following procedures: a. Excavate failed sections of pipe in accordance with Section 02220. b. Cut out and/or remove failed sections and relay new pipe beginning

at nearest joint. c. Close pipe with pipe coupling per manufacturer’s recommendation

and approval of SD1. 3. The CONTRACTOR shall provide all material, labor, and equipment necessary

to remove and replace the failed pipe section. 4. Retest the replaced sewer sections to meet the requirements listed in this

section.

02610-37

3.8 CLEANING AND DISINFECTION

A. Cleaning: 1. Thoroughly clean all piping and flush, prior to placing in service. 2. Piping 24 inches in diameter and larger shall be inspected from inside and all

debris, dirt and foreign matter removed. 3. If piping which requires disinfection has not been kept clean during storage

or installation, CONTRACTOR shall swab each section individually before installation with a five percent hypochlorite solution, to ensure clean piping.

B. Disinfection:

1. Disinfect all potable and finished water piping. 2. A suggested procedure for accomplishing complete and satisfactory

disinfection is specified below. Other procedures will be considered for approval by the ENGINEER. a. Thoroughly flush piping prior to disinfection with water. For

pipelines 24 inches in diameter and larger, pipelines shall be manually cleaned, carefully removing all sweepings, dirt and debris prior to disinfection.

b. Conform to procedures described in AWWA C651. Continuous feed method of disinfecting shall be used unless alternative method is acceptable to ENGINEER.

3. CONTRACTOR shall supply water for initial flushing, testing and chlorination. CONTRACTOR shall provide all temporary piping, hose, valves, appurtenances and services required. Cost of water required for re-disinfection will be paid by CONTRACTOR.

4. Chlorine will be supplied by CONTRACTOR. 5. Bacteriologic tests will be performed by SD1. A certified test laboratory

report will be made available to CONTRACTOR, if requested. 6. After the required retention period, the heavily chlorinated water shall be

flushed to wet well at a rate acceptable to SD1. 3.9 CLEAN-UP

Upon completion of the installation of the piping and appurtenances, the CONTRACTOR shall remove all debris and surplus construction materials resulting from the work. The CONTRACTOR shall grade the ground along each side of pipe trenches in a uniform and neat manner leaving the construction area in a shape as near as possible to the original ground line. Refer to Section 02900, Landscaping, for restoration.

- END OF SECTION -

02651 - 1

SECTION 02651

TELEVISION INSPECTION

PART 1 – GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, tools,

equipment and incidentals as shown, specified, and required to perform Post- Installation television (TV) inspection of all sanitary and storm sewers, as specified herein.

1.2 DEFINITIONS

A. Post-Installation TV Inspection: Video inspection to determine that rehabilitation of an existing sewer or construction of new sanitary and/or storm sewers have been completed according to Specifications.

1.3 PERFORMANCE REQUIREMENTS

A. Inspection shall be done one sewer line section (i.e. manhole to manhole) at a time.

B. Quality of inspection recording shall be acceptable to SD1 when viewed

on a 19” monitor.

C. Inspection shall be performed by a SCREAMTM or NASSCO Pipeline Assessment Certification Program (PACP) certified operator and shall meet the coding and reporting standards and guidelines as set by SCREAMTM or PACP. All report annotations, pipe conditions and pipe defects shall be identified properly using SCREAMTM or PACP codes as defined by SCREAMTM or NASSCO.

1.4 SUBMITTALS

A. Submit one copy of Electronic Inspection Reports and TV videos on portable hard drive, CD, DVD, or other digital media.

1.5 REFERENCE STANDARDS

A. NASSCO prepared Pipeline Assessment and Certification Program (PACP), Current Edition Reference Manual. This manual includes a standard TV inspection form and sewer condition codes.

02651 - 2

PART 2 – PRODUCTS 2.1 TELEVISION EQUIPMENT

A. Closed Circuit TV Equipment: Select and use closed-circuit television equipment that will produce a color digital recording.

B. Pipe Inspection Camera: Produce a video using a pan-and-tilt, radial

viewing, pipe inspection camera or a hand-held video camera that pans ± 275 degrees and rotates 360 degrees. Use an accurate footage counter to measure the exact distance of the camera from the centerline of the starting point. Use a camera with camera height adjustment so that the camera lens is always centered at one-half the inside diameter, or higher, in the pipe being televised. Provide a lighting system that allows the features and condition of the pipe to be clearly seen. A reflector in front of the camera may be required to enhance lighting in humidity conditions. The camera shall be operative in 100 percent humidity conditions. The camera, television monitor and other components of the video system shall be capable of producing a minimum 500-line resolution colored video picture. Picture quality and definition shall be to the satisfaction of the ENGINEER. If unsatisfactory, equipment shall be removed and no payment made for an unsatisfactory inspection.

C. Television Inspection Logs: Prepare printed location records to clearly

identify the location of each source of infiltration or defect discovered using a standard stationing system. Other data of significance includes: 1. Estimation of extraneous flows observed from holes, joints, cracks,

and from the annular space between rehabilitated sliplined pipe. 2. Unusual conditions. 3. Roots. 4. Cracked or collapsed sections. 5. Sags or low spots in the pipe. 6. Presence of scale and corrosion. 7. Structural deficiencies. 8. Signs of previous leakage. 9. Sewer line sections that the camera failed to pass through and

reasons for the failure. 10. Other discernible features.

D. For off-road work, CONTRACTOR shall provide the appropriate

vehicle(s) for the terrain in order to access the sewers and allow for proper inspection of the sewers and manholes.

E. Data shall be recorded digitally and a copy of the television inspection logs shall be supplied to the OWNER or ENGINEER in the form of a bound report. A table listing acronyms and their meaning shall be

02651 - 3

included in the report. CONTRACTOR shall also supply the OWNER a copy of the television inspection logs on an electronic file that is Microsoft Excel compatible.

F. Video Capture - Full time live color video files shall be captured for each

pipe segment inspected. The files shall be stored in industry standard MPEG format viewable from an external hard drive on an external personal computer that utilizes a standard digital media player to view the recording. The MPEG video shall be ISO-MPEG Level 1 (MPEG-1) coding with a resolution of at least 352 pixels (x) by 240 pixels (y) and an encoded frame rate of 29.97 frames per second. System shall perform an automatic disk image/file naming structure to allow saved video/data sections to be saved to a portable hard drive. The video recording shall be free of electrical interference and shall produce a clear and stable image. The digital recordings and inspection data shall be cross-referenced to allow instant access to any point of interest within the digital recording.

PART 3 – EXECUTION 3.1 POST INSTALLATION TELEVISION INSPECTION ALL NEWLY CONSTRUCTED SEWERS SHALL BE CLEANED AND FREE FROM DEBRIS PRIOR TO PERFORMING THE POST INSTALLATION TELEVISION INSPECTION. THIS COST SHALL BE CONSIDERED INCEDENTAL TO THE POST INSTALLATION TELEVISION INSPECTION.

A. Televise each sewer line to document the structural and maintenance conditions of the line. The sewer inspections shall be compatible with the SCREAMTM defect coding system for sewers and manholes, which is SD1’s standard defect coding system. The CONTRACTOR shall either use the SCREAMTM sewer defect coding system or SD1 will allow the CONTRACTOR to use an industry standard defect coding system, such as NASSCO PACP in lieu of using the SCREAMTM sewer defect codes, to conduct the sewer inspections.

The following data for the defect observations shall be recorded:

• Observation Data • Observation#, unique per defect • Footage • Clock position (1 – 12) • Defect/Description (use code) • Comments

02651 - 4

B. In addition to recording the defects for the sewers and manholes, CONTRACTOR shall also record the following attribute data as “fields” in their inspections:

• Upstream MH# • Downstream MH# • Date of inspection • Direction of inspection

o 1 = upstream to downstream o 2 = downstream to upstream

• Length of pipe (as noted by last observation footage) • Diameter/height (inches) • Shape (use shape code or text) • Material (use pipe material code or text) • Pipe width, non-circular (inches) • Crew • Video (name as USMH_DSMH_Direction_date.mpg) • Comments

C. Immediately after cleaning, televise the sewer line to document its condition and to locate existing points of infiltration or other defects. Notify the OWNER and ENGINEER 24 hours in advance of any TV inspection so that the OWNER and ENGINEER may observe inspection operations.

D. Perform TV inspection of the sewer as follows:

1. A NEW inspection shall be started where a manhole, junction, or diversion chamber is located. This includes new manholes, junctions, or diversion chambers identified in the field, but not previously identified in SD1 mapping. Therefore, no manholes, junctions, or diversion chambers shall be at a midpoint of an inspection log, only at the beginning and the end of each inspection. Inspection runs shall begin and end at manholes or junctions unless an obstruction is encountered. Lateral connections from inlets/catch basins, material changes or breaks in grade are not approved locations to begin/end an inspection. Said features shall be logged on the recording. If CONTRACTOR uses a lateral connection from inlets/catch basins, material changes or breaks in grade as a begin/end point for televising, SD1 will reject said segment and the sewer data shall be reorganized to match the data requirements at no additional cost to SD1.

2. Perform Survey TV Inspection immediately after cleaning. a. Move the camera through the line in either direction at a

uniform rate not exceeding 30 feet per minute, stopping when necessary to ensure proper documentation of the sewer’s condition. The intent is to perform the inspection per the NASSCO and SCREAMTM standards. It may be

02651 - 5

necessary for a lower rate of speed depending on the defects encountered.

b. Use manual winches, power winches, TV cable and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions to move the camera through the sewer line.

c. Quantify visible leakage of extraneous flow into the sewer or other sags or defects in the sewer and record on electronic log and audio videotape. The video recording may be paused during observation. Record results of the flow observed on videotape and inspection logs.

3. Perform Post-Installation TV Inspection to confirm completion of rehabilitation work or proper installation of new sewers. Verify that the rehabilitation work or new sewer construction conforms to the requirements of the Specifications. Provide a color, digital recording showing the completed Work. Prepare and submit a log providing location of any discrepancies.

4. Camera shall pan beginning and ending manholes to demonstrate that all debris has been removed. Camera operator shall slowly pan clamped joints, and when pipe material transitions from one material to another. A log shall be completed for every segment that is submitted to the OWNER.

5. Inspections shall be from center of the starting manhole to the center of the ending manhole. Distances along the pipe should be measured from the center of the upstream manhole. Measurement meters shall be accurate to the nearest foot per 100 feet of sewer being televised within the particular section of pipe (section of pipe being defined as the length of pipe between the upstream and downstream MHs). Prior to recording the location of defects and service connections, slack in the cable of the television inspection camera shall be taken up to assure metering device is designating proper footage. Accuracy of the measurement meters shall be checked daily by use of a walking meter, roll-a-tape, or other suitable device.

6. Center the camera in the middle of the pipe. 7. Stop at every defective joint for a time long enough to properly

assess and code the defective joint. Pan and tilt to observe and document areas of apparent deteriorated pipe surface.

8. Stop at every lateral connection. Center the camera so that the lighting and the pan and tilt view can be used to inspect as far into the lateral connection as possible. Record all defects found in the service connection. Observe top, bottom and sides of lateral connections. Where lateral flow is observed, observe flows from service connections for a length of time long enough to ascertain if the flow is sanitary or extraneous flow. The video recording may

02651 - 6

be paused during observation. Record results of the flow observed on the inspection. The inspection of the service lateral itself is not to be performed as part of the sewer mainline inspection.

9. TV inspection recordings shall be continuous for each pipe segment.

10. CONTRACTOR is responsible for adjusting light levels, cleaning fouled or fogged lenses, and allowing vapor to dissipate from camera lights in order to produce acceptable recordings.

11. Sewer inspections not meeting the requirements set forth in this specification as determined by SD1 shall be re-performed at no additional cost to SD1 until the inspection meets to SD1’s satisfaction.

12. CONTRACTOR shall complete the post-installation CCTV within 30 days after the acceptance of the Mandrel test.

3.2 FLOW CONTROL

A. Flow will not be allowed to exceed 10% of the normal diameter of the pipe while performing post-installation TV inspection.

3.3 ACCEPTANCE OF WORK

A. Rehabilitation or completion of new sewer installation work shall only be accepted if no defects are found in the line upon TV inspection as determined by the OWNER.

B. Contractor shall repair all defects to the piping in a manner acceptable to

the OWNER at no additional cost to the OWNER. 3.4 INSPECTION DELIVERABLES

A. Pipe inspection logs shall be submitted as specified in section 2.1 B. The CCTV videos shall be provided as specified in Section 2.1. C. All videos shall be divided into separate files for each manhole to manhole

segment. D. Digital Inspection Recordings

1. Provide digital inspection recordings. Inspection recordings must be viewable on a standard 19” computer monitor.

2. Recording shall be of a quality sufficient for the ENGINEER to evaluate the condition of the sewer and manholes, locate the sewer service connections, and verify cleaning. If SD1 determines that the quality is not sufficient, CONTRACTOR shall re-televise the sewer segment and/or re-inspect the manhole and provide a new

02651 - 7

recording and report at no additional compensation. Camera distortions, inadequate lighting, dirty lens, or blurred/hazy picture will be cause for rejection.

3. Multiple project areas may be included on a given submittal, but the files must be organized in individual project folders. Each pipe segment must be its own electronic file. Electronic recording file must allow snap scrolling to allow easy and quick access of the entire recording.

4. Each submittal must have a file index whose name contains the pipe segment reference number.

5. Label each submittal with the following information: a. Pipe Segments b. CONTRACTOR’s Name c. Project Name d. Contract Number e. Inspection Type: f. Date Televised

++ END OF SECTION ++

02710-1

SECTION 02710 DRAINAGE STRUCTURES PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install all precast drainage structures including drain inlets, catch basins, headwalls and similar structures.

B. General:

1. Structures shall conform in shape, size, dimensions, materials, and other respects to the details shown or as approved in a shop drawing.

2. Cast iron frames, grates and covers shall be the standard frame and grate or cover unless otherwise shown and shall be as specified in Section 05540.

3. All concrete shall conform to the requirements specified under Section 03300. 4. Inverts shall be as shown and shall conform accurately to the size and elevation

of the adjoining pipes.

C. Related Sections: 1. Division 2 Sections on Earthwork. 2. Section 03300, Cast-In-Place Concrete. 3. Section 05540, Castings. 4. Division 15 Sections on Piping.

1.2 QUALITY ASSURANCE

A. Reference Standards: 1. ASTM C 478, Specification for Precast Reinforced Concrete Manhole Sections. 2. ASTM C 923, Specification for Resilient Connectors Between Reinforced

Concrete Manhole Structures, Pipes and Laterals. 1.3 SUBMITTALS

A. Samples: Submit for approval samples of gaskets and accessories, if any, for the structures.

B. Shop Drawings: Submit for approval the following:

1. Drawings showing design and construction of all precast concrete. 2. Manufacturer’s name for all precast structures.

PART 2 - PRODUCTS

02710-2

2.1 PRECAST PRODUCTS

A. Where shown or otherwise approved by ENGINEER, precast concrete shall be used for items such as area drains, catch basins, splash pads, etc. Layout and details shall be as shown and specified. Design shall be adequate to withstand all loads imposed including earth pressure, vehicle loads and construction loading.

B. Precast concrete sections shall conform to ASTM C 478, where applicable.

C. Where precast structures are made up of various precast components such as base

sections, riser sections and top sections, the joint between sections shall be the tongue and groove type.

2.2 MISCELLANEOUS METALS

A. Metal frames, covers, grates, troughs and similar required items shall be provided as shown and in accordance with Division 5 Sections on Metal Fabrications.

2.3 FLEXIBLE PIPE JOINT SEAL

A. A flexible pipe joint seal shall be provided in the connection of pipe to drainage structure. The rubber seal shall meet the requirements given in ASTM C923. The seal shall be of a size specifically designed for the pipe size and material.

B. All connecting elements of the seal shall be Type 304 stainless steel.

C. Acceptable Product:

1. Kor-N-Seal by NPC, Inc. 2. Or equal.

PART 3 - EXECUTION 3.1 GRADING RINGS

A. Grading rings or brick stacks shall be used for all precast structures where required. They shall be constructed on the top slab on which the frame will be placed. The height of the stack shall be such as is necessary to bring the frame to the proper grade but in no case greater than 12 inches.

3.2 PRECAST ITEMS

A. Precast products shall be placed on a concrete or crushed stone bed, set at the proper grade and carefully leveled and aligned.

02710-3

B. Backfill shall be carried up evenly on all sides of the structures to prevent overturning forces.

3.3 PIPE JOINT IN STRUCTURE BASE

A. An approved joint shall be provided between each pipe entering and exiting the structure. Joint may be accomplished by the installation in the structure base of the bell end of a short pipe or by other means subject to approval of ENGINEER.

B. Pipes shall not protrude inside the structure, but shall be cut in an approved manner

to be flush with the inside wall of the structure. + + END OF SECTION + +

02831-1

SECTION 02831

FENCING PART 1 - GENERAL 1.1 DESCRIPTION A. Scope:

1. CONTRACTOR shall provide all labor, materials, tools, equipment and incidentals as shown, specified and required to furnish and install all temporary and permanent fencing shown on the drawings or to restore existing fencing damaged by construction.

2. The extent of fencing is shown on the Drawings. 3. Existing Fencing disturbed or damaged by the CONTRACTOR'S operations

shall be restored by CONTRACTOR at his own expense to as good condition as the fencing was previous to the commencement of the Work to the satisfaction of the OWNER and property owner.

4. Types of products that may be required include the following: a. Galvanized steel framework. b. Polyvinylchloride fusion bonded finish. c. Barbed wire. d. Grounding and bonding. e. Auxiliary system components, gates, accessories, fasteners and fittings.

B. Related Sections:

1. Section 03300, Cast-In-Place Concrete. 1.2 REFERENCE STANDARDS A. Comply with applicable provisions and recommendations of the following, except

as otherwise shown or specified: 1. ASTM A53, Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and

Seamless, Standard Specification for. 2. ASTM A90, Weight [Mass] of Coating on Iron and Steel Articles with Zinc

or Zinc-Alloy Coatings, Standard Test Method for. 3. ASTM A121, Metallic-Coated Carbon Steel Barbed Wire, Standard

Specification for. 4. ASTM A123, Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel

Products, Standard Specification for. 5. ASTM A153, Zinc Coating (Hot-Dip) on Iron and Steel Hardware, Standard

Specification for. 6. ASTM A570, Steel, Sheet and Strip, Carbon, Hot-Rolled, Structural Quality,

Standard Specification for.

02831-2

7. ASTM A653, Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process, Standard Specification for.

8. ASTM A780, Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings, Standard Practice for.

9. ASTM A817, Metallic-Coated Steel Wire for Chain-Link Fence Fabric, Standard Specification for.

10. ASTM A824, Metallic-Coated Steel Marcelled Tension Wire for Use with Chain Link Fence, Standard Specification for.

11. ASTM B6, Zinc, Standard Specification for. 12. ASTM D412, Vulcanized Rubber and Thermoplastic Rubbers and

Thermoplastic Elastomers – Tension, Standard Test Methods for. 13. ASTM D746, Brittleness Temperature of Plastics and Elastomers by Impact,

Standard Test Method for. 14. ASTM D792, Density and Specific Gravity (Relative Density) of Plastics by

Displacement, Standard Test Methods for. 15. ASTM D1499, Light- and Water-Exposure Apparatus (Carbon-Arc Type)

for Exposure of Plastics, Standard Practice for Operating. 16. ASTM D2240, Rubber Property – Durometer Hardness, Standard Test

Method for. 17. ASTM G23, Light-Exposure Apparatus (Carbon-Arc Type) With and

Without Water for Exposure of Nonmetallic Materials, Standard Practice for Operating.

18. ASTM E329, Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction, Standard Specification for.

19. ASTM E548, General Criteria Used for Evaluating Laboratory Competence, Standard Guide for.

20. ASTM F552, Standard Terminology Relating to Chain Link Fencing. 21. ASTM F567, Installation of Chain-Link Fence, Standard Practice for. 22. ASTM F626, Fence Fittings, Standard Specification for. 23. ASTM F668, Poly Vinyl Chloride (PVC)-Coated Steel Chain-Link Fence

Fabric, Standard Specification for. 24. ASTM F900, Industrial and Commercial Swing Gates, Standard

Specification for. 25. ASTM F1043, Strength and Protective Coatings on Metal Industrial Chain

Link Fence Framework, Standard Specification for. 26. ASTM F1083, Pipe, Steel, Hot-Dipped Zinc-Coated (Galvanized) Welded,

for Fence Structures, Standard Specification for. 27. ASTM F1664, Poly(Vinyl Chloride)(PVC)-Coated Steel Tension Wire Used

With Chain-Link Fence, Standard Specification for. 28. ASTM F1665, Poly Vinyl Chloride (PVC)-Coated Steel Barbed Wire Used

with Chain Link Fences, Standard Specification for. 29. Institute of Electrical and Electronic Engineers (IEEE), C2 - National

Electrical Safety Code.

02831-3

30. Institute of Electrical and Electronic Engineers (IEEE), 81 - Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System, Standard Guide for.

31. Chain Link Fence Manufacturer’s Institute (CLFMI), CLF 2445 - Product Manual.

32. Underwriters’ Laboratories, Incorporated, Standards for Safety, UL 467, Grounding and Bonding Equipment.

33. The Americans with Disabilities Act of 1990 (Public Law 101-336), Appendix A to Title 28 Code of Federal Regulations Part 36 (Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities - ADAAG).

1.3 DEFINITIONS A. Terminology used in this Specification shall comply with CLF 2445, ASTM F552

and the following: 1. The term “knuckling” shall be used to describe the type of selvage obtained

by interlocking adjacent pairs of wire ends and then bending the wire ends back into a closed loop.

2. The term “gate operating cycle” shall mean one gate opening plus one gate closing.

3. The term “fencing” shall be used to describe an assembly of metal components, including wire chain-link fabric fastened to top, bottom and intermediate horizontal rails and to vertical line posts, corner posts and terminal posts. This assembly shall also include all auxiliary components, gates, fittings, fasteners and other accessories all with polymer coating and other specified protective coatings.

1.4 QUALITY ASSURANCE

A. Erector Qualifications: 1. Engage a single erector skilled, trained and with successful and documented

experience in the installation of fencing, who is acceptable to the fencing manufacturer, and with specific skill and successful experience in the erection of the types of components required; and who agrees to employ only tradesmen with specific skill and successful experience in this type of Work. Submit names and qualification to ENGINEER along with the following information on a minimum of three successful projects: a. Names and telephone numbers of owner, architects or engineers

responsible for projects. b. Approximate contract cost of the fencing. c. Amount of area installed.

B. Testing Agency Qualifications: To qualify for approval, an independent testing

agency shall demonstrate to ENGINEER’s satisfaction, based on evaluation of criteria submitted by testing agency, that it has the experience and capability to

02831-4

satisfactorily conduct the testing indicated without delaying the Work, in accordance with ASTM E329 and as documented according to ASTM E548.

C. Source Quality Control:

1. Provide fencing as a complete system with all gates, hardware, appurtenances and other components produced by a single manufacturer, including custom erection accessories, fittings, clamps and fastenings as may be necessary or required.

2. Provide fence fabric imprinted with manufacturer’s trade name, country of origin, core wire gauge, and finished outside diameter gauge.

3. Provide shipping list for materials used, endorsed with the manufacturer’s voucher certifying that the material used in the fencing complies with these Specifications and with specific selections made on approved Shop Drawings.

4. Structural shapes of satisfactory sections and equal strengths may be substituted if approved by ENGINEER.

D. Performance Criteria:

1. Comply with the standards of the Chain Link Fence Manufacturer’s Institute for product and installation requirements and the requirements of ASTM F567. These standards shall represent a minimum level of quality when additional information is not shown or specified in the Contract Documents.

2. Where proposed fencing framework or other structural components varies from Contract Documents, the fabricator shall provide structural calculations for the design of the proposed fencing to CONTRACTOR for submittal to ENGINEER as part of Shop Drawing review. Structural analysis shall verify that all system components including, but not limited to, supports, gates, fasteners, fittings and connections meet the requirements of governing authorities having jurisdiction at the Site. Such modifications shall be incorporated into the Work only as acceptable to ENGINEER.

3. Verify size of framing members shown or specified, and submit with Shop Drawings. Member sizes, thicknesses and weights shown or specified shall be considered minimum. Where structural analysis indicates, provide additional members, or increased member size, thickness or weight.

4. Modifications may be made only as necessary to meet Site conditions to ensure proper fitting and support of the Work, and only upon submittal of Shop Drawings and receipt of approval by ENGINEER.

5. Furnish weights of zinc coatings on wire and pipe fabrications, in compliance with CLF 2445.

6. Furnish thickness of polyvinylchloride coating on wire and pipe fabrications in compliance with CLF 2445.

02831-5

E. Fabrication Tolerances: 1. Fabric, posts, rails, and other supports shall be straight or uniformly curved

to provide the profiles shown, to a dimensional tolerance of 1/16 inch in 10 feet - 0 inches without warp or rack in the finished installation.

1.5 SUBMITTALS

A. Qualifications Data: Submit qualifications data for the following: 1. Erector. 2. Test agency.

B. Samples: Submit for approval the following:

1. Each fencing component, fastener, post, rail, support, chain-link fabric and other auxiliary and miscellaneous items labeled with identification as to use and location.

2. Each chain-link fabric material, 6-inches square; and framework members, and typical accessories, each approximately 6-inches long.

3. Full range of manufacturer's standard and custom colors. 4. ENGINEER's review will be for color and texture only. Compliance with all

other requirements is the responsibility of CONTRACTOR.

C. Shop Drawings: Submit the following: 1. Copies of manufacturer’s technical product information, specifications and

installation instructions for all fencing components, and auxiliary system components.

2. All structural calculations verifying that all system components comply with the requirements of governing authorities having jurisdiction at the Site.

3. Drawings at a scale of 1/4 inch equals 1 foot of typical fence assembly, identifying all materials, dimensions, sizes, weights, and finishes of all rails, posts, braces, supports and other fencing components. Show fence heights, and locations of gates. Show gate swing, or other operation, hardware, and accessories. Include plans, elevations, sections, with required installation and operating clearances, and details of post anchorage, attachments and bracing.

4. A list of all hardware, fasteners and accessories.

D. Test Reports: Submit the following: 1. Physical properties of polyvinylchloride protective coating in compliance

with ASTM D1499. 2. Weight of zinc coating on pipe fabrications in compliance with ASTM A90. 3. On-Site Test Reports: Indicate and interpret test results for compliance of

chain-link fence and gate grounding and bonding with performance requirements.

02831-6

1.6 DELIVERY, STORAGE AND HANDLING

A. Comply with requirements specified in Sections 01610 and 01611. B. Delivery of Materials:

1. Packaging and marking shall comply with CLF 2445. 2. Deliver materials in manufacturer’s original, unopened packaging with all

factory-applied tags, labels and other identifying information intact, legible and accurately representing material approved on Submittals by ENGINEER.

C. Storage of Materials:

1. Store all materials under weatherproof cover, off the ground and away from other construction activities.

2. Do not store material in a manner that would create a humidity chamber. Provide for free movement of air under protective cover and between components of the fencing.

D. Handling of Materials:

1. Handle material in a manner that is in compliance with product institute standards and that will prevent damaging coatings.

1.7 PROJECT CONDITIONS

A. Site-Measurements: Take measurements at the Site and verify layout information and dimensions for fencing and gates in relation to property surveys and existing conditions.

B. Do not begin installation and erection of the fencing until final grading is

completed. PART 2 - PRODUCTS 2.1 MATERIALS

A. General: 1. Pipe sizes specified are commercial pipe sizes. 2. Tube sizes specified are nominal outside dimension. 3. Roll-formed section sizes are the nominal outside dimensions. 4. Wire gauges shall conform to American Steel and Wire Company gage. 5. Heat-form all arcs and chords before protective coatings are applied to

metal. 6. All sizes specified are given for uncoated metal. All protective coatings are

in addition to specified metal dimensions, gages and sizes.

02831-7

B. Chain-Link Fence Fabric: 1. One-piece fabric widths, complying with CLFMI product requirements. 2. Wire mesh shall be woven throughout in the form of approximately uniform

square mesh with parallel sides and horizontal and vertical diagonals of approximately uniform dimensions, of size and gage specified and in compliance with ASTM A817, Type 1, cold-drawn carbon steel wire with minimum breaking strength of 2,170 pounds and coated with polyvinylchloride (PVC) plastic resin finish over galvanized steel wire, as specified. Fabric shall be recommended by the Chain Link Fence Manufacturer’s Institute for heavy industrial usage.

3. Provide fabric knuckled to eliminate exposure of sharp edges. 4. Fabric Gage: Provide the following:

a. No. 9-gage wires. 5. Mesh Size: Provide the following:

a. 2-inch mesh. 2.2 FRAMEWORK A. General: The following table is provided for the convenience of CONTRACTOR

and provides actual OD and equivalent nominal NPS size and trade size of round members.

Actual OD NPS Size Trade Size 1.315 1 1-3/8 1.660 1-1/4 1-5/8 1.900 1-1/2 2 2.375 2 2-1/2 2.875 2-1/2 3 3.500 3 3-1/2 4.000 3-1/2 4 6.625 6 6-5/8 8.625 8 8-5/8 B. Pipe shall be commercial grade, plain end steel pipe with standard weight walls.

Steel strip used in the manufacture of pipe shall be in compliance with ASTM F1083, Schedule 40 pipe with minimum yield strength of 25,000 pounds per square inch and protected with zinc, as specified.

C. End, Corner, and Pull Posts: Provide end, corner, and pull posts of minimum

sizes as follows: 1. 2.875 inches OD pipe weighing 5.79 pounds per linear foot.

D. Line Posts: Provide line posts of the minimum sizes and weights as follows:

1. 2.375 inches OD pipe weighing 3.65 pounds per linear foot.

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E. Gate Posts: Furnish gate posts for supporting single gate leaf, or one leaf of a double gate installation, for nominal gate widths as follows: 1. 6.625 inches OD pipe weighing 18.97 pounds per linear foot.

F. Top Rail: Provide top rails, unless otherwise shown, of the following:

1. 1.900-inch OD pipe weighing 2.72-pounds per linear foot. 2. Provide in manufacturer's longest lengths, with expansion type coupling

0.051-inch thick rail sleeves, approximately 7-inches long, for each joint. 3. Provide means for attaching the top rail securely to each gate, corner, pull,

and end post.

G. Roll-Formed Steel: Provide rolled steel shapes produced from structural-quality steel conforming to ASTM A570, Grade 45, with a minimum yield strength of 45,000 pounds per square inch. Protective coating system shall conform to ASTM F1043, as specified.

2.3 GATES

A. Swing gates shall comply with ASTM F900. B. Gate hinges shall be of the double clamping offset type. To hold the gate in the

open or closed positions, provide each gate frame with a keeper that automatically engages a gate shoe set in concrete. Gates shall have a drop latch with provision for a padlock. 1. Gate Hinges: Pressed or forged steel or malleable iron to suit gate size,

non-lift-off type, 180 degree offset heavy-industrial hinges; 1-1/2 pair per leaf.

2. Latch: Forked-type or plunger-bar type to permit operation from either side of gate, with padlock eye as integral part of latch.

C. All gate frames shall have intermediate horizontal rails. Gate frames shall be of

welded construction and shall be galvanized after fabrication. Single gates 6-feet wide or wider and double gates 12-feet wide or wider shall be provided with diagonal bracing in one direction, extending from top to bottom rail.

D. Gate Stops: Provide gate stops for double gates consisting of mushroom-type

flush plate with anchors, set in concrete, and designed to engage a center drop rod or plunger bar. Include locking device and padlock eyes as an integral part of the latch, using one padlock for locking both gate leaves.

E. Fabricate gate perimeter frames of tubular members. Provide additional

horizontal and vertical members to ensure proper gate operation and for attachment of fabric, hardware and accessories. Space so that frame members are not more than 8 feet apart. Fabricate as follows: 1. 1.900-inch OD pipe weighing 2.72-pounds per linear foot.

02831-9

F. Assemble gate frames by welding or with special malleable or pressed steel fittings and rivets for rigid connections. Use same fabric as for fence. Install fabric with stretcher bars at vertical edges. Bars may also be used at top and bottom edges. Attach stretchers to gate frame at not more than 15 inches on center. Attach hardware with rivets or by other means which will provide security against removal or breakage.

G. Install diagonal cross-bracing on gates consisting of 1/2-inch diameter adjustable

length truss rods provided with turnbuckles to ensure frame rigidity without sag or twist.

H. Where barbed wire is shown above gates, extend the end members of gate frames

1 foot-0 inch above the top member and prepare to receive three strands of wire. Provide necessary clips for securing wire to extensions.

2.4 AUXILIARY FENCING MATERIALS AND ACCESSORIES

A. Wire Ties: 1. For tying fabric to line posts, use 9-gage aluminum alloy 1100-H4,

polyvinylchloride coated wire ties to match fence fabric, spaced 12 inches on center.

2. For tying fabric to rails and braces, use 9-gage aluminum alloy 1100-H4, polyvinylchloride coated wire ties to match fence fabric, spaced 24 inches on center.

3. For tying fabric to tension wire, use 11-gage aluminum alloy 1100-H4, polyvinylchloride coated wire hog ring ties to match fence fabric, spaced 24 inches on center.

B. Tension Wire: Provide tension wire consisting of aluminized, 7-gage, coiled

spring steel wire coated with 0.40-onces of aluminum per square foot of wire surface, minimum; in compliance with ASTM F1664. 1. Locate at bottom of fabric only.

C. Barbed Wire Supporting Arms: Furnish pressed steel for three rows of barbed

wire attached to each arm, complete with provisions for anchorage to posts. Supporting arms shall be integral with post top weather cap. Provide following type: 1. Single 45 degree arm, one for each post.

D. Barbed Wire: Commercial quality steel, two strand, 11-gage line wire with

14-gage, 4-point twisted barbs spaced 5 inches on center, as follows: 1. PVC-coated, complying with ASTM F1665.

E. Post Caps: Pressed steel, wrought iron, or cast aluminum alloy, designed as a

weathertight closure cap, for tubular posts. Provide one cap for each post unless

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equal protection is afforded by combination post top cap and barbed wire supporting arm, where barbed wire is required. 1. Provide caps with openings to permit through passage of the top rail. 2. Provide cone-type caps for terminal posts and loop-type caps for line posts.

F. Stretcher Bars: One piece lengths equal to full height of fabric, with a minimum

cross-section of 3/16-inch by 3/4-inch. Provide one stretcher bar for each gate and end post, and two for each corner and pull post, except where fabric is integrally woven into the post.

G. Stretcher Bar Bands: Pressed steel, galvanized, 0.078-inches to 0.108-inches

thick depending on post diameter, spaced not over 15 inches on center to secure stretcher bars to end, corner, pull, and gate posts. 1. Bands may also be used with special fittings for securing rails to end, corner,

pull and gate posts.

H. Truss Rods: Steel rods, 3/8-inch diameter, merchant quality with turnbuckle. I. Concrete: Refer to Section 03300, Cast-In-Place Concrete.

2.5 FENCE GROUNDING

A. Conductors: Bare, solid wire for No. 6-gage and smaller; stranded wire for No. 4-gage and larger. 1. Material Above Finished Grade: Copper. 2. Material On or Below Finished Grade: Copper. 3. Bonding Jumpers: Braided copper tape, 1-inch wide, woven of No. 30-gage

bare copper wire, terminated with copper ferrules.

B. Connectors and Ground Rods: As listed in UL 467. 1. Connectors for Below-Grade Use: Exothermic welded type. 2. Ground Rods: Copper-clad steel.

a. Size: 5/8-inch by 8 feet-0 inches. 2.6 FINISHES

A. Chain-Link Fence Fabric: 1. Polyvinylchloride (PVC) plastic resin finish over galvanized steel wire finish

with not less than 11.2 ounces per square foot, complying with ASTM A392, Class I.

B. Framework and Appurtenances: Provide the following for steel framework,

auxiliary system components and miscellaneous accessories: 1. Galvanizing: Zinc for galvanizing shall be of High Grade or Special High

Grade conforming to ASTM B6 with a maximum aluminum content of

02831-11

0.01 percent. Galvanize metal by the "hot-dip" process in compliance with the following standards:

Class of Work ASTM Structural Iron and Steel Shapes ........................................................A123 Rolled-Form Sheet Steel ....................................................................A653 Hardware and Accessories .................................................................A153 Fittings ...............................................................................................F626 Pipe ....................................................................................................A53 2. Provide minimum weights of zinc as follows:

a. Pipe: 1.8-ounces of zinc per square foot. Type A coating shall be applied both inside and outside according to ASTM F1043, as determined by ASTM A90.

b. Rolled-Form Sheet Steel: 4.0-ounces of zinc per square foot of surface area.

c. Hardware and Accessories: Zinc weights in compliance with Table 1 of ASTM A153.

C. PVC Finish for All Fencing Components: Provide polyvinylchloride (PVC)

epoxy-modified plastic resin finish, fusion bonded to heated metal, minimum 10-mil thickness. 1. Provide the following physical properties for polyvinylchloride coating:

a. Specific Gravity, ASTM D792: 1.30 to 1.38, maximum. b. Ultimate Tensile Strength, ASTM D412: 2,600 pounds per square inch

±5 percent.\ c. Hardness, ASTM D2240: Durometer A (10 second) 93 ±3. d. Ultimate Elongation, ASTM D412: 275 percent ±5 percent. e. Compression Cut Resistance, Bell Laboratories: 2,000 pounds per

square inch. f. Low Temperature Brittleness, ASTM D746: -20 degrees C. g. Low Temperature Flexibility, (Mandrel Wrap): -40 degrees C. h. Weatherometer Exposure, ASTM G23, with no change: 1,000 hours.

2. Provide polyvinylchloride (PVC) plastic resin finish over aluminized steel wire by the thermal extrusion method, in compliance with ASTM F668, Class 2b.

3. Color: a. As selected by OWNER from manufacturer’s complete range of

standard and custom colors. b. Provide fencing with all components, including framework and

accessories completely protected with color coating, in compliance with CLF 2445.

02831-12

D. Welded Joints: 1. Repair zinc coatings at welded joints by applying a zinc-rich paint. 2. Repair polymer-coated steel by applying an epoxy primer, intermediate coat

and urethane top coat, matching color and reflectivity of adjacent PVC finish.

PART 3 - EXECUTION 3.1 INSPECTION A. CONTRACTOR and his installer shall examine the conditions under which the

fencing and gates are to be erected and notify ENGINEER in writing of conditions detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER.

3.2 PREPARATION

A. Do not begin fence installation and erection before the final grading is completed, with finish elevations established.

3.3 ERECTION

A. Erect framework, fabric and accessories in accordance with ASTM F567. B. Excavation: Drill holes of diameters specified, for post footings in firm,

undisturbed or compacted soil. 1. For posts set in cast-in-place concrete, provide hole diameters dug or drilled

a minimum of four times the largest cross section of the post. a. Unless otherwise indicated, excavate hole depths approximately

3-inches lower than the post bottom, with bottom of posts set not less than 24 inches below the surface of finished grade when in firm, undisturbed soil, plus an additional 3 inches for each foot increase in the fence height over 4 feet.

2. Spread soil from excavations uniformly adjacent to the fence line, or on adjacent areas of the Site, as directed.

3. When solid rock is encountered at the surface, drill into rock at least 12 inches for line posts and at least 18 inches for end, pull, corner, and gate posts. Drill hole at least 1-inch greater diameter than the largest dimension of the post to be placed. a. If solid rock is below soil overburden, drill to full depth required,

except penetration into rock need not exceed the minimum depths specified above.

02831-13

C. Setting Posts: Remove loose and foreign materials from sides and bottoms of holes, and moisten soil prior to placing concrete. 1. Center and align posts in holes 3 inches above bottom of excavation. 2. Posts shall be set in concrete footings, except as otherwise shown or

specified. Place concrete around posts in a continuous pour, and vibrate or tamp for consolidation. Check each post for vertical and top alignment, and hold in position during placement and finishing operations.

3. Extend concrete to 2-inches above grade or to 2-inches below grade if a cover of sod, blacktop, or other material is shown to conceal concrete. Crown to shed water away from posts.

4. Extend footings for gate posts to the underside of bottom hinge. Set keeps, stops, sleeves and other accessories into concrete as required.

5. Keep exposed concrete surfaces moist for at least seven days after placement, or cure with membrane curing materials, or other acceptable curing method.

6. Grout posts set in sleeved holes, concrete constructions, or rock with grout, as specified in Section 03300 and as recommended by CLF 2445.

D. Concrete Strength: Allow concrete to attain at least 75 percent of its minimum

28-day compressive strength, but in no case sooner than seven days after placement, before rails, tension wires, barbed wire, or chain-link fabric is installed. Do not stretch and tension fabric and wires, and do not hang gates until the concrete has attained its full design strength.

E. Posts and Rails:

1. Line Posts: Set posts in cast-in-place concrete footings as specified, spaced not more than 10 feet on centers. Install caps on tops of all posts to exclude moisture and to receive the top rail unless equal protection is afforded by combination post top cap and barbed wire supporting arm, where barbed wire is required.

2. Top Rails: Run rail continuously through post caps or extension arms, bending to radius for curved runs. Provide expansion couplings as recommended by fencing manufacturer to form a continuous rail between terminal posts.

3. Brace Assemblies: Install braces so posts are plumb when diagonal rod is under proper tension. Install brace assemblies at end posts and at both sides of corner and pull post panels. Panels adjacent to gates shall have intermediate horizontal rails and diagonal bracing. The diagonal bracing shall run from the center of the first line post to the bottom of the terminal post.

F. Chain-Link Fabric:

1. Install fabric on security side of fence, and anchor to framework so that fabric remains in tension after pulling force is released. Pull fabric taut and tie to posts, rails, and tension wires. Fasten to terminal posts and gate posts

02831-14

with tension bars threaded through mesh and secured with tension bands at maximum intervals of 14 inches.

2. Tie to line posts, gate frames and top and bottom rails with tie wires spaced at maximum 12 inches on posts and 24 inches on rails.

3. Connect tension bars to posts and frames by means of adjustable bolts and bands spaced not more than 14 inches apart.

4. Leave approximately 2 inches between finish grade and bottom selvage, except where bottom of fabric extends into concrete.

5. Join roll of chain-link fabric by weaving a single picket into the ends of the roll to form a continuous mesh.

G. Tension Wire:

1. Stretch tension wire taut and free of sag, from end to end of each stretch of fence and position at a height that will enable the wire to be fastened to the chain-link fabric by securing within the top 12 inches of the chain-link fabric.

2. Fasten bottom tension wire within the bottom 6 inches of the chain-link fabric.

3. Tie tension wire to each post with not less than 6-gage galvanized wire.

H. Barbed Wire: 1. Install three parallel wires on each extension arm to the security side of

fence, unless otherwise indicated 2. Pull wire taut to remove all sag and firmly install in the slots of extension

arms to prevent movement or displacement. 3. Secure wire to terminal posts utilizing terminal post band arms or brace

bands. 4. Extend vertical members of gates to receive the barbed wire.

I. Stretcher Bars: Thread through or clamp to fabric 4 inches on center, and secure

to posts with metal bands spaced 15 inches on center.

J. Gates: Install gates plumb, level, and secure for full opening without interference. Install ground-set items in concrete for anchorage, as shown on approved Shop Drawings. Adjust hardware for smooth operation and lubricate where necessary.

K. Tie Wires: Use U-shaped wires conforming to diameter of pipe. Clasp pipe and

fabric firmly with ends twisted at least two full turns. Bend ends of wire to minimize hazard to persons or clothing.

L. Fasteners: Install nuts for tension band and hardware bolts on side of fence

opposite fabric side. Peen ends of bolts or score threads to prevent removal of nuts.

02831-15

3.4 GROUNDING AND BONDING

A. Fence Grounding: Install at maximum intervals of 1500 feet except as follows: 1. Ground fencing within 100 feet of buildings, structures, walkways, and

roadways at maximum intervals of 750 feet. a. Gates and Other Fence Openings: Ground fence on each side of

opening. 1) Bond metal gates to gate posts. 2) Bond across openings, with and without gates, except openings

indicated as intentional fence discontinuities. Use No. 2-gage wire and bury it at least 18 inches below finished grade.

B. Protection at Crossings of Overhead Electrical Power Lines: Ground fencing at

location of crossing and at a maximum distance of 150 feet on each side of crossing.

C. Fences Enclosing Electrical Power Distribution Equipment: Ground as required

by IEEE C2, unless otherwise shown.

D. Grounding Method: At each grounding location, drive a ground rod vertically until the top is 6 inches below finished grade. Connect rod to fence with No. 6-gage conductor. Connect conductor to each fence component at the grounding location, including the following: 1. Each Barbed Wire Strand: Make grounding connections to barbed wire with

wire-to-wire connectors designed for this purpose.

E. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame.

F. Connections: Make connections so possibility of galvanic action or electrolysis is

minimized. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. 1. Use electroplated or hot-tin-coated materials to ensure high conductivity and

to make contact points closer in order of galvanic series. 2. Make connections with clean, bare metal at points of contact. 3. Make aluminum-to-steel connections with stainless-steel separators and

mechanical clamps. 4. Make aluminum-to-galvanized-steel connections with tin-plated copper

jumpers and mechanical clamps. 5. Coat and seal connections having dissimilar metals with inert material to

prevent future penetration of moisture to contact surfaces.

02831-16

3.5 SITE QUALITY CONTROL

A. Acceptance Testing: 1. Ground-Resistance Testing Agency: Engage a qualified independent testing

agency to perform Site quality-control testing. 2. Ground-Resistance Tests: Subject completed grounding system to a megger

test at each grounding location. Measure ground resistance not less than two full days after last trace of precipitation, without soil having been moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. Perform tests by two-point method according to IEEE 81.

3. Desired Maximum Grounding Resistance Value: 25 ohms. 4. Excessive Ground Resistance: If resistance to ground exceeds desired value,

notify ENGINEER promptly. Include recommendations to reduce ground resistance and proposal to accomplish the recommendations.

5. Report: Prepare test reports, certified by testing agency, of ground resistance at each test location. Include observations of weather and other phenomena that may affect test results.

3.6 ADJUSTMENT AND CLEANING

A. Adjust fencing and leave in good working condition. B. Repair coatings damaged in the shop or during erection on-Site by recoating with

manufacturer's recommended repair compound, applied in accordance with manufacturer's directions.

C. Gate: Adjust gate to operate smoothly, easily, and quietly, free from binding,

warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding.

D. Lubricate operating equipment and clean exposed surfaces.

E. Repair and replace all broken or bent components. F. Protect fencing and accessories from construction traffic until acceptance of the

Work.

+ + END OF SECTION + +

02900-1

SECTION 02900 LANDSCAPING PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as

shown, specified and required to furnish and perform landscaping Work. 2. The extent of the landscaping Work shall be performed as shown and includes

establishment of turf for all areas disturbed during the Work. 3. The types of landscaping Work required include the following:

a. Topsoil stockpiled for reuse. b. Topsoil from off-site sources if topsoil stockpiled is insufficient to

complete the Work of this Section. c. Lawn areas. d. Maintenance Work as specified until completion of the Contract. e. Soil amendments. f. Fertilizers. g. Fencing. h. Signs. i. Mailboxes. j. Guardrails. k. Shrubs and ornamental landscaping. l. Other miscellaneous items impacted by construction. m. Guarantees.

B. Coordination:

1. Review installation procedures under other Sections and coordinate the installation of items that must be installed with the landscaping.

2. Notify other contractors in advance of the installation of the landscaping to provide the other contractors with sufficient time for the installation of items included in their contracts that must be installed before the landscaping.

C. Related Sections:

1. Section 02220, Excavation and Backfill. 1.2 QUALITY ASSURANCE

A. Source Quality Control:

1. General: a. Ship landscape materials with certificates of inspection as required by

governmental authorities. b. Comply with governing regulations applicable to landscape materials.

02900-2

c. ENGINEER will request inspection of delivery slips for materials to verify specified quantities of bulk deliveries of soil amendments and fertilizers.

2. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Analytical Chemists, wherever applicable or as further specified.

3. Off-Site Topsoil: Obtain topsoil from local sources or from areas having similar soil characteristics to that found at the site of the Work. Obtain topsoil only from naturally well-drained sites where topsoil occurs in depth of not less than 4-inches; do not obtain from bogs or marshes.

4. Topsoil stockpiled for reuse: Topsoil will be inspected by ENGINEER before reuse. At the time of inspection ENGINEER shall require representative soil samples to be tested for physical properties, hydrogen-ion value, organic matter, and available phosphoric acid and potassium. Supply twenty pound samples and make tests at no additional expense to OWNER. If deficiencies in the topsoil are found, as a result of this analysis, they shall be corrected at no additional expense to OWNER.

B. Reference Standards: Comply with applicable provisions and recommendations of

the following, except where otherwise shown or specified. 1. ANSI Z60.1, American Standard for Nursery Stock.

2. ASTM C 602, Agricultural Liming Materials. 3. ASTM D 2487, Classification of Soils for Engineering. 4. ASTM D 977, Emulsified Asphalt. 5. Association of Official Analytical Chemists, Official Methods of Analysis. 6. American Joint Committee on Horticultural Nomenclature, Standardized Plant

Names. 7. Official Seed Analysists of North America, Standards of Quality. 8. FSO-F-241D, Fertilizer, Mixed, Commercial. 9. FSO-P-166E, Peat Moss; Peat, Humus; and Peat, Reed-sedge.

1.3 SUBMITTALS

A. Shop Drawings: Submit for approval the following: 1. Before delivery of off-site topsoil, a written statement giving the location of the

properties from which the topsoil is to be obtained and the names and addresses of the suppliers.

2. Manufacturer's specifications and installation instructions for all materials required.

B. Test Reports: Submit for approval the following:

1. Before delivery of off-site topsoil, a soil analysis made by an approved soil testing laboratory stating porosity, the percentages of silt, clay, sand and organic matter, the pH and the mineral and plant nutrient content of the topsoil. Supply topsoil with 5 percent organic matter minimum.

02900-3

C. Certificates: Submit for approval the following: 1. Certificates of inspection as may be required by governmental authorities to

accompany shipments, and manufacturer's or vendors certified analysis for soil amendments and fertilizer materials. For standard products submit other data substantiating that materials comply with specified requirements.

2. Certificates from seed vendors certified statement for each seed mixture required, stating botanical and common name, percentage by weight and percentages of purity, germination, and weed seed for each species.

1.4 PRODUCT DELIVERY, STORAGE AND HANDLING

A. Delivery of Materials: 1. Do not deliver seed until site conditions are ready for planting. 2. Deliver packaged materials in original, unopened containers showing weight,

analysis and name of manufacturer. Protect materials from deterioration during delivery.

3. Furnish seed in sealed, standard containers. 4. Notify ENGINEER of delivery schedule in advance so plant material may be

inspected upon arrival at job site. 5. Remove unacceptable material immediately from project site.

B. Storage of Materials:

1. Store and cover materials to prevent deterioration. Remove packaged materials which have become wet or show deterioration or water marks from the site. Replace at no further cost to OWNER.

2. Seed that is wet or moldy or that has been otherwise damaged in transit or storage is not acceptable. Replace at no further cost to OWNER.

1.5 JOB CONDITIONS

A. Environmental Requirements: 1. Proceed with and complete the Work as rapidly as portions of the site become

available, working within the seasonal limitations for each kind of landscape Work required.

2. Minimize the disturbed construction area and begin temporary stabilization and restoration within fourteen (14) days per the Erosion Prevention and Sediment Control Plan.

3. Do not spread seed when wind velocity exceeds 5 miles per hour. 4. Do not plant when drought, or excessive moisture, or other unsatisfactory

conditions prevail.

B. Scheduling: 1. Plant or install materials only during normal planting seasons for each type of

landscape Work required. Correlate planting with specified maintenance periods to provide maintenance until occupancy by OWNER.

02900-4

2. Minimize the disturbed construction area and begin temporary stabilization and restoration within fourteen (14) days per the Erosion Prevention and Sediment Control Plan.

3. Fall seeding shall be performed between the dates of August 15 and October 1. Spring seeding will be permitted as soon as the ground can be worked to May 31, provided severe drought and high wind conditions do not exist.

1.6 ALTERNATIVES

A. Do not make substitutions. Substitutions may be allowed, by ENGINEER, at the varietal level only. Submit to ENGINEER proof of non-availability and proposal for use of equivalent material.

1.7 GUARANTEE

A. Guarantee lawns through the specified maintenance period, and until Final Acceptance of the Work.

PART 2 - PRODUCTS 2.1 MATERIALS

A. Topsoil: 1. Topsoil may not be available onsite for landscape/restoration Work. If topsoil is

available it shall be removed and stockpiled onsite for reuse. If topsoil stockpiled is insufficient to complete the Work in this section as specified, or if topsoil is not available onsite, topsoil from approved offsite sources shall be provided. No additional costs will be paid by OWNER for this Work.

2. Provide off-site topsoil as required, which is fertile, friable, natural loam, surface soil, capable of sustaining vigorous plant growth, free of any admixture of subsoil, clods of hard earth, plants or roots, rocks, sticks or other extraneous material harmful to plant growth. Supply topsoil with the following analysis: a. No. 10 Sieve: 95 to 100 percent passing by weight.

No. 270 Sieve: 40 to 85 percent passing by weight. Silt (0.05 – 0.005 mm): 20-65 percent passing by weight Clay (passing 0.005 mm): 10-35 percent passing by weight.

b. pH 5.0 to pH 7.5. If approved by ENGINEER, natural topsoil not having the hydrogen-ion value specified may be amended by CONTRACTOR at his own expense.

c. Organic content not less than 5 percent and no more than 20 percent, as determined by ignition loss.

d. Free of pests and pest larvae.

02900-5

B. Soil Amendments: 1. Lime: Natural limestone containing not less than 85 percent of total

carbonates, ground so that not less than 90 percent passes a 10-mesh sieve and not less than 50 percent passes a 100-mesh sieve.

2. Sand: Washed of fine to medium texture. 3. Ferrous Sulfate: Commercial grade and unadulterated.

C. Commercial Fertilizers:

1. Complete fertilizer of neutral character, with a minimum of 75 percent nitrogen derived from natural organic sources or ureaform; 40-50 percent of the nitrogen shall be water soluble. Available phosphoric acid derived from superphosphate, bone, or tankage. Potash derived from muriate of potash, containing 60 percent potash. Uniform in composition, free-flowing and suitable for application with approved equipment. Provide fertilizer with the following percentages of available plant nutrients: a. For lawns, provide fertilizer with not less than 4 percent phosphoric acid

and not less than 2 percent potassium, and the percentage of nitrogen required to provide not less than 1.5 pounds of actual nitrogen per 1000 square feet of lawn area. Provide nitrogen in a form that will be available to the lawn during the initial period of growth.

D. Grass Materials:

1. Grass Seed Mixture: Provide fresh, clean, new-crop seed complying with the tolerance for purity and germination established by the Official Seed Analysts of North America. Provide seed of the grass species, proportions and minimum percentages of purity, germination, and maximum percentage of weed seed, as specified.

2. The seed shall comply with seed laws and noxious weed restrictions in strict accordance with the standards of the American Association of Nurserymen as set forth in the latest edition of American Standard for Nursery Stock, ANSI-Z60.1. Seed shall also meet the requirements for purity and germination as specified in the Proceedings of the Association of Official Seed Analysis, Rule for Testing Seeds.

3. Seed shall be furnished in sealed standardized containers of the vendor bearing the date of last germination, which shall be within a period of 6 months prior to planting. Seed which has become wet, moldy, or otherwise damaged in transit or storage will not be acceptable.

4. The Schedule of Grass Seed Requirements is as follows. One of the following mixes shall be used:

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SCHEDULE OF GRASS SEED REQUIREMENTS MIX #1 (For shaded lawn areas only) Application By per 1000 Weight Name of Grass Purity Germination square feet 60% Kentucky Bluegrass 95% 80% 1.8 pounds (minimum) Blend * -

Poa pratensis 20% Chewings Red 97% 85% .6 pounds (minimum) Fescue -

Festuca rubra commutata

20% Certified Pennfine 98% 90% .6 pounds

Rye Grass - Lolium perenne

_________ 3.0 pounds

MIX #2 - Fielder’s Choice Turfgrass Mixture Finished Lawns (CWS) Application By per 1000 Weight Name of Grass Purity Germination square feet 29.90% Crew Cut Tall Fescue 95% 94% 2.4 pounds 29.90% Tulsa Tall Fescue 95% 94% 2.4 pounds 19.95% Grande Tall Fescue 95% 94% 1.6 pounds 19.30% ICE Perennial Ryegrass 95% 91% 1.6 pounds

_________ 8.0 pounds

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MIX #3 – Team Mates Turfgrass Mixture Finished Lawns (Lesco) Application By per 1000 Weight Name of Grass Purity Germination square feet 29.52% Stetson Tall Fescue 95% 94% 2.4 pounds 29.42% Legitimate Tall Fescue 95% 94% 2.4 pounds 29.32% Padre Tall Fescue 95% 94% 2.4 pounds 9.74% Evening Shade Perennial 95% 91% 0.8 pounds

Ryegrass _________ 8.0 pounds

MIX #4 – Riparian and Natural Areas Application By per 1000 Weight Name of Grass Purity Germination square feet 27% Annual Rye 95% 90% 0.14 pounds 9% Creeping Red 95% 85% 0.05 pounds 18% Canada Wild Rye 70% 75% 0.09 pounds 18% Riverbank Wild Rye 70% 75% 0.09 pounds

5% Indian Grass 70% 75% 0.02 pounds 5% Big Blue Stem 70% 75% 0.02 pounds 9% Little Blue Stem 70% 75% 0.05 pounds 5% Fox Sedge 90% 75% 0.02 pounds

5% Frank’s Sedge 90% 75% 0.02 pound _________

0.51 pounds

5. The following requirements apply to all mixes: a. Weed seed content not over 0.25 percent and free of noxious weeds. b. Provide bluegrass blend consisting of half of each of the following: 1) Adelphi. 2) Glade.

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c. All seed shall be rejected if the label lists any of the following grasses: 1) Timothy. 2) Orchard. 3) Sheep Fescue. 4) Meadow Fescue. 5) Canada Blue. 6) Alta Fescue. 7) Bent Grass.

H. Miscellaneous Landscape Materials:

1. Mulch: a. Anti-Erosion Mulch: Provide clean, seed-free salt hay or threshed straw

of wheat, rye, oats or barley, free from noxious weeds. Materials which are low grade and unfit for farm use such as "U.S. Sample Grade" are acceptable.

2. Water: Potable. PART 3 – EXECUTION 3.1 RESTORATION

A. CONTRACTOR shall restore all areas disturbed by construction activity as the Work

progresses. All pipeline installation shall have disturbed areas, where pipeline construction is complete, Permanently or Temporarily restored as the CONTRACTOR proceeds with construction activity farther along the length of the line. During construction, no more than 500 feet of length as measured along the pipeline shall be left non- Permanently or Temporarily Restored after pipeline construction in the area is complete. Temporarily restoring areas will only be permitted when site conditions are such that Permanent Restoration cannot be accomplished as described in Section 02900 1.5. Job Conditions. Areas that are Temporarily Restored shall be restored with Mulch as described in Sections 02900 2.1H and 3.4.

B. Failure to provide restoration and landscaping as the work progresses and as specified herein to the OWNER’s satisfaction may be grounds for non-approval of the CONTRACTOR’s applications for payment.

C. All areas of the project site disturbed by construction activity shall comply with the sediment and erosion control requirements of SD1 and as shown on the drawings. These requirements shall be in addition to the restoration requirements specified herein.

3.2 INSPECTION

A. CONTRACTOR and his installer shall examine the subgrade, verify the elevations, observe the conditions under which Work is to be performed, and notify ENGINEER of unsatisfactory conditions. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER.

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3.3 PREPARATION A. Seed Turfbed Preparation:

1. Loosen subgrade of turfbed areas to a minimum depth of 4 inches. Remove stones over 1-1/2-inches in any dimension and sticks, roots, rubbish and other extraneous matter. Limit preparation to areas which will be planted promptly after preparation.

2. Spread topsoil to minimum depth of 6-inches after natural settlement and light rolling. a. Do not spread topsoil while in a frozen condition or when moisture

content is so great that excessive compaction will occur nor when so dry that dust will form in the air or clods will not break readily.

3. Soils in all areas to receive turf must reach a neutral pH by a means satisfactory to SD1.

4. Apply commercial fertilizers in the following quantities: a. For grass apply only at a rate sufficient to supply 1 pound phosphoric acid

and not less than 1.5 pounds potassium, and provide not less than .75 pounds of actual nitrogen per 1000 square feet of lawn area. For 18-24-12 with 25% SCU use 7 pounds per 1000 square feet

5. Apply commercial fertilizers just prior to seeding. 6. Thoroughly and evenly incorporate commercial fertilizers with the soil to depth

of 3 inches by discing, or other approved method. a. In areas inaccessible to power equipment, use hand tools. b. Adjacent to existing trees, adjust depth to avoid disturbing roots.

7. Grade turfbed areas to smooth, even surface with loose, uniformly fine texture. Remove all stones and extraneous foreign material in excess of 1-inch in diameter. Roll and rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading.

8. Moisten prepared turfbed areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting. Do not create a muddy soil condition.

9. Restore turfbed areas to specified condition if eroded or otherwise disturbed after fine grading and prior to planting.

3.4 INSTALLATION

A. Determine location of underground utilities and perform Work in a manner which will avoid possible damage. Hand excavate, as required, to minimize possibility of damage to underground utilities. Maintain grade stakes until removal is mutually agreed upon by all parties concerned.

B. CONTRACTOR shall provide all materials, labor, and equipment to complete all

seeding work. Seeded areas shall be uniform in color, leaf texture, and shoot density, and reasonably free of weeds, with plants at two inches tall, minimum.

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C. Seeding Lawns: 1. Sow seed using a spreader or seeding machine. 2. Distribute seed evenly over entire area by sowing equal quantity in 2 directions

at right angles to each other. 3. Sow not less than the quantity of seed specified. 4. Cultivator-packer, or similar equipment, may be used to cover the seed and to

firm the seedbed in one operation. In areas inaccessible to cultivator-packer: a. Rake the seeded ground and roll in two directions with a water ballast

roller, weighing not less than 100 pounds per linear foot. b. Take care during raking that seed is not raked from one spot to another.

5. Protect seeded areas against erosion by spreading specified lawn mulch after completion of seeding operations. a. Spread uniformly to form a continuous blanket not less than

1-1/2 inch loose measurement over seeded areas. Provide mulch. Place mulch using either of the following methods: 1) Place mulch with equipment that will blow or eject, by means of a

constant air stream, controlled quantities of the mulch in a uniform pattern over the specified area to achieve 80 to 90 percent of the ground is covered. If the mulch is excessively cut or broken take measures to reduce the cutting or breakage to a limit acceptable to ENGINEER.

b) Thru all residential yards mulch must be anchored using either of the following methods:

1) Anchor mulch in place with UV degradable netting. Netting should start to decompose after one month with 80% breakdown occurring within three months. All edges and center of netting should be stapled to hold the mat in place with not more than 4-6 feet between staples. All staples should be inserted flush with the ground surface. Netting shall be held in place using 11 gauge wire staples, geotextile pins or wooden stakes. Once seed as germinated to a height of 3-4 inches all netting and staples must be removed before first lawn mowing.

2) Anchor mulch in place with a mechanical crimper to incorporate straw mulch into the soil.

3) A tackifing agent maybe used to slue the straw mulch together with the soil surface. The tackifier agent shall be selected based on longevity and ability to hold the mulch in place. Apply tackifier at a rate of 125 pounds per acre.

6. Do not leave seeded areas unmulched for longer than 1 day. Reseed areas which remain without mulch for longer than 1 day.

7. Mulch shall be sufficiently anchored into the soil by crimping or other suitable methods to prevent loss or bunching of the mulch by wind or other causes.

8. Prevent foot or vehicular traffic, or the movement of equipment, over the mulched area. Reseed areas damaged as a result of such activity.

9. Water seeded areas thoroughly with a fine spray.

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D. Slopes Steeper than 4:1 low maintenance areas: 1. For slopes steeper than 4:1 low maintenance areas, walk bulldozer or other

tracked equipment up and down slopes before seeding to create tread-track depressions for catching and holding seed.

2. For slopes steeper than 2:1 install erosion control blankets or turf mates according to manufacturers’ recommendations

3. Use seed mix #4 for slopes steeper than 4:1 low maintenance areas. E. Reconditioning Existing Turf:

1. Recondition existing turf areas damaged by CONTRACTOR'S operations including storage of materials and equipment and movement of vehicles. Also recondition existing turf areas where minor regrading is required.

2. Provide fertilizer, seed or sod and soil amendments as specified for new turf and as required to provide a satisfactorily reconditioned turf. Provide new topsoil as required to fill low spots and meet new finish grades.

3. Cultivate bare and compacted areas thoroughly to provide a satisfactory planting bed.

4. Remove diseased and unsatisfactory turf areas; do not bury into soil. Remove topsoil containing foreign materials resulting from CONTRACTOR'S operations including oil drippings, stone, gravel and other loose building materials.

5. Where substantial turf remains (but is thin), mow, rake, aerate if compacted, fill low spots, remove humps and cultivate soil, fertilize, and seed. Remove weeds before seeding or if extensive, apply selective chemical weed killers as required. Apply a seedbed mulch, if required, to maintain moist condition.

6. Water newly planted areas and keep moist until new turf is established. F. Be prepared to provide potable water and maintain temporary piping hoses and

watering equipment as required to convey water from water source and to keep landscape Work moist as required for proper growth. CONTRACTOR shall supply required irrigation materials, equipment and potable water.

G. Any fences, signs, mailboxes, guardrails, shrubs, ornamental landscaping, or other

miscellaneous items that need to be removed to facilitate sewer construction operations shall be replaced, in kind or with repairs satisfactory to the OWNER at the CONTRACTOR’S expense. Replacement of fences, signs, mailboxes, guardrails, shrubs, ornamental landscaping, or other miscellaneous items shall be considered a part of the sewer installation and shall be done immediately after the installation and backfilling of the sewer. The cost for the removal and replacement shall be included in the contract price bid for restoration.

H. All drainage ditches, culverts, and storm pipes disturbed by the CONTRACTOR’S

work shall be restored, reshaped, and graded to drain properly per the contract unit price bid for restoration.

02900-12

I. Pavement restoration shall be in accordance with the restoration sections on the Standard Detail sheets in the Contract Documents and the provisions of the Governing Agency responsible for the particular road.

3.5 PROTECTION AND MAINTENANCE

A. Begin maintenance immediately after planting.

B. Seeded areas shall be protected against traffic. All seeded areas shall be maintained

by the CONTRACTOR until final acceptance of the project. Maintenance shall include watering, reseeding, repair of erosion damage, maintenance of mulch, cleanup and all other operations necessary for the satisfactory development of the grass.

C. Mulch shall be maintained until covered with growing grass seedlings. Material that

has been removed from the site by wind or other causes shall be replaced and secured.

D. Original grades of grass areas shall be maintained after commencement of planting

operations and until final acceptance. Any damage to the finished surface from construction operations shall be promptly repaired. In the event erosion occurs from either watering operations or rainfall, such damage shall be corrected and areas reseeded where required. Ruts, ridges, tracks, and other surface irregularities shall be corrected and areas reseeded where required.

E. Maintain lawns by watering, fertilizing, and other operations such as rolling,

regarding, and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. After grass has started, reseed repeatedly all areas greater than 8 inches square which fail to show a uniform stand of grass for any reason whatsoever until all areas are covered with a satisfactory stand of grass, as determined by OWNER.

F. Prior to final acceptance, seeded areas that show signs of substantial desiccation, as evident by a loss of color and a distinct yellowing or where no germination is evident, shall be considered as failed and shall be reseeded until an acceptable cover is obtained.

3.5 CLEANUP AND PROTECTION

A. During landscape Work, store materials and equipment where directed. Keep pavements clean and work area in an orderly condition.

B. Protect landscape Work and materials from damage due to landscape operations,

operations by other contractors and trades and trespassers. Maintain protection during installation and maintenance periods. Treat, repair or replace damaged landscape Work as directed.

02900-13

C. Remove all rubbish, equipment and rejected materials from the site.

D. Protection includes all temporary fences, barriers and signs and other Work incidental to proper maintenance.

3.6 INSPECTION AND ACCEPTANCE

A. When the landscape Work is completed, including maintenance, ENGINEER will make an inspection to determine acceptability.

B. Where inspected landscape Work does not comply with the requirements, replace

rejected Work and continue specified maintenance until reinspected by ENGINEER and found to be acceptable. Remove rejected plants and materials promptly from the project site.

C. Seeded lawns will be acceptable provided all requirements, including maintenance,

have been compiled with, and a healthy uniform, close stand of the specified grass is established, free of weeds, bare spots and surface irregularities.

D. Restoration of disturbed areas in a timely manner is a priority. Payments to the

CONTRACTOR may be withheld by the OWNER for the sewer installation if there is poor or untimely restoration.

4.7 GUARANTEE

A. The CONTRACTOR shall guarantee all work and materials for a period of one year after completion of seeding work. All seeded areas shall have a uniform stand of grass in a density acceptable to the OWNER. During the guarantee period, all turf which dies shall be replaced by and at the expense of the CONTRACTOR. Replacement made under the CONTRACTOR’s guarantee shall be covered by a like guarantee for a period of one year after completion of the replacement.

4.8 SETTLEMENT

A. CONTRACTOR shall be responsible for all erosion and settlement of backfill, fills, and embankments which may occur within the correction period stipulated in the General Conditions.

B. CONTRACTOR shall make, or cause to be made, all repairs or replacements made

necessary by settlement within 30 days after notice from ENGINEER or OWNER. + + END OF SECTION + +

03300-1

SECTION 03300

CAST-IN-PLACE CONCRETE

PART 1 - GENERAL

1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and

incidentals as shown, specified and required to furnish and install cast-in-place concrete, reinforcement and related materials.

B. Coordination: 1. Review installation procedures under other Sections and coordinate the

installation of items that must be installed in the concrete.

1.2 QUALITY ASSURANCE

A. Source Quality Control: 1. Concrete Testing Service:

a. OWNER shall employ acceptable testing laboratory to perform materials evaluation, testing and design of concrete mixes.

B. Reference Standards: Comply with the applicable provisions and recommendations of the following, except as otherwise shown or specified. 1. ACI 301, Specifications for Structural Concrete for Buildings (includes

ASTM Standards referred to herein except ASTM A 36). 2. ACI 304, Guide for Measuring, Mixing, Transporting, and Placing

Concrete. 3. ACI 305, Hot Weather Concreting. 4. ACI 306, Cold Weather Concreting. 5. ACI 315, Manual of Engineering and Placing Drawings for Reinforced

Concrete Structures. 6. ACI 318, Building Code Requirements for Reinforced Concrete. 7. ACI 347, Guide to Formwork for Concrete. 8. ACI 350, Environmental Engineering Concrete Structures. 9. ASTM A 36, Specification for Structural Steel. 10. Concrete Reinforcing Steel Institute, Manual of Standard Practice, includes

ASTM Standards referred to herein.

1.3 SUBMITTALS

A. Samples: Submit samples of materials as specified and may be requested by ENGINEER, including names, sources and descriptions.

03300-2

B. Shop Drawings: Submit for approval the following: 1. Copies of manufacturer's specifications with application and installation

instructions for proprietary materials and items, including admixtures, bonding agents, and concrete related materials.

2. Drawings for fabrication, bending, and placement of concrete reinforcement, and reinforcement accessories. Comply with ACI 315, Chapters 1 through 7.

3. Concrete Mix Design Report: a. All concrete mix design report shall be submitted to ENGINEER at

least 15 days prior to start of Work. Do not begin concrete production until mixes have been reviewed and are acceptable to ENGINEER. Mix designs may be adjusted when material characteristics, job conditions, weather, test results or other circumstances warrant. Do not use revised concrete mixes until submitted to and accepted by ENGINEER.

b. Concrete mix design proportions. c. Mill test reports covering chemical and physical properties of cement

included in concrete design mix. d. Sieve analysis report of fine and coarse aggregates to show compliance

with specified requirements. e. Manufacturer’s literature on all admixtures used in the mix design.

1) All admixtures must be included and tested in the concrete design mix to predetermine satisfactory results.

C. Laboratory Batch Trial Test Reports: ENGINEER'S review will be for general information only. Production of concrete to comply with specified requirements is the responsibility of CONTRACTOR.

1.4 PRODUCT DELIVERY, STORAGE AND HANDLING

A. Deliver concrete reinforcement materials to the site bundled, tagged and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on placement diagrams.

B. All materials used for concrete must be kept clean and free from all foreign matter during transportation and handling and kept separate until measured and placed in the mixer. Bins or platforms having hard clean surfaces shall be provided for storage. Suitable means shall be taken during hauling, piling and handling to insure that segregation of the coarse and fine aggregate particles does not occur and the grading is not affected.

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PART 2 - PRODUCTS

2.1 CONCRETE MATERIALS

A. Portland Cement: ASTM C 150, Type II.

B. Aggregates: ASTM C 33. 1. Fine Aggregate: Clean, sharp, natural sand free from loam, clay, lumps or

other deleterious substances. Dune sand, bank run sand and manufactured sand are not acceptable.

2. Coarse Aggregate: Clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter, as follows: a. Crushed stone, processed from natural rock or stone. b. Washed gravel, either natural or crushed. Use of slag and pit or bank

run gravel is not permitted.

C. Coarse Aggregate Size: Size to be ASTM C 33, Nos. 57 or 67, unless permitted otherwise by ENGINEER.

D. Water: Clean, drinkable.

E. Air-Entraining Admixture: ASTM C 260.

F. Water-Reducing Admixture: ASTM C 494, Type A. Only use admixtures which have been tested and accepted in mix designs. Only to be added onsite by a certified admixture representative of the concrete supplier.

G. Water-Reducing High Range Admixture: ASTM C 494, Type F/G. Only use admixtures which have been tested and accepted in mix designs. Only to be added onsite by a certified admixture representative of the concrete supplier.

2.2 CONCRETE

A. Proportioning and Design Mix 1. Minimum compressive strength at 28 days: 4000 psi. 2. Maximum water cement ratio by weight: 0.44. 3. Minimum cement content: 564 pounds per cubic yard. 4. Normal weight: 145 pounds per cubic foot. 5. Use air-entraining admixture in all concrete: provide not less than 4 percent

nor more than 8 percent entrained air for all concrete. 6. Slump Limits:

a. Proportion and design mixes to result in concrete slump at the point of placement of not less than 1 inch and not more than 4 inches. If Water-Reducing Admixtures or Superplasticizers are used slump after addition of the admixture shall not exceed 8 inches.

03300-4

7. Calcium Chloride: Do not use calcium chloride in concrete, unless otherwise authorized in writing by ENGINEER. Do not use admixtures containing calcium chloride.

2.3 FORM MATERIALS

A. Provide form materials with sufficient stability to withstand pressure of placed concrete without bow or deflection.

B. Exposed Concrete Surfaces: Acceptable panel-type to provide continuous, straight, smooth, as-cast surfaces. Use largest practical sizes to minimize form joints.

C. Unexposed Concrete Surfaces: Suitable material to suit project conditions.

D. Provide 3/4-inch chamfer at all exposed corners.

E. Form Ties: 1. Provide factory-fabricated, removable or snapoff metal form ties, designed

to prevent form deflection, and to prevent spalling of concrete surfaces upon removal. Materials used for tying forms will be subject to approval of ENGINEER.

2. Unless otherwise, shown, provide ties so that portion remaining within concrete after removal of exterior parts is at least 1-inch from the outer concrete surface. Unless otherwise shown, provide form ties that will leave a hole no larger than 1-inch diameter in the concrete surface.

3. Ties for exterior walls and walls subject to hydrostatic pressure shall have waterstops.

4. Provide wood or plastic cones for ties, where concrete is exposed in the finish structure and in the interior of tanks.

5. Wire ties are not acceptable.

2.4 REINFORCING MATERIALS

A. Reinforcing Bars: ASTM A 615, Grade 60.

B. Welded Wire Fabric: ASTM A 185.

C. Steel Wire: ASTM A 82.

D. Supports for Reinforcement: Bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcement in place. 1. Use wire bar type supports complying with CRSI recommendations, except

as specified below. Do not use wood, brick, or other unacceptable materials.

2. For slabs on grade, use supports with sand plates or horizontal runners where base materials will not support chair legs.

03300-5

3. For all concrete surfaces, where legs of supports are in contact with forms, provide supports complying with CRSI, Manual of Standard Practice as follows: a. Either hot-dip galvanized, plastic protected or stainless steel legs.

E. Adhesive Dowels: 1. Where adhesive dowels are shown or required to be installed into concrete,

adhesive material shall be used for the installation of all reinforcing bars. 2. Adhesive Material:

a. Capsule or injectable adhesive material shall be a two-component system which includes a hardener and a resin.

b. Product and Manufacturer: Provide adhesive material by one of the following: 1) HY 150 or HVA capsule by Hilti Fastening Systems, Inc. 2) Power-Fast or Needle-Capsule by Powers Fastening, Inc. 3) Or equal.

3. Dowel: a. Dowel reinforcing bars shall meet the ASTM standards for Grade 60,

A615 steel.

F. Form Savers: Form savers may be used as a mechanical connection in applications where drilling holes in form material is not desired. This connection shall be a full mechanical connection that shall develop in tension or compression, as required, at least 125 percent of specified yield strength (fy) of the bar in accordance with ACI 318 Section 12.14.3. 1. Product and Manufacturer: Provide on of the following:

a. Form Saver by Lenton Rebar Splicing Division of Erico Products, Inc. b. Or equal.

2.5 RELATED MATERIALS

A. Construction Joint Waterstops 1. Polyvinylchloride (PVC) Waterstops:

a. Provide PVC waterstops complying with Corps of Engineers CRD-C572.

b. Provide serrated type with a minimum thickness of 3/8 inch by a minimum width of 6 inches may be provided in specific applications as approved by the ENGINEER.

c. Product and Manufacturer: Provide PVC waterstops as manufactured by one of the following: 1) Style No. 783 or No. 724, Greenstreak Plastic Products company. 2) Style No. R6-38T or No. RSB6-38, Vinylex Corporation. 3) Or equal.

2. Adhesive Waterstop: a. Provide preformed adhesive waterstop in construction joint locations

where shown, or as alternative to PVC waterstop where appropriate.

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b. The preformed waterstop shall meet or exceed all requirements of Federal Specifications SS-S-210A, “Sealing Compounds for Expansion Joints”.

c. Product and Manufacturer: Provide waterstops as manufactured by one of the following: 1) Synko-Flex Waterstop by Synko-Flex Products, Division of

Henry Products, Inc. 2) Or equal.

3. Hydrophilic Waterstops: a. Hydrophilic waterstop may be used as an alternate to the adhesive

waterstop. b. Product and Manufacturer: Provide waterstops as manufactured by one

of the following: 1) Hydrotite CJ-0725-3K and Leakmaster LV-1, Greenstreak Plastic

Products Company. 2) Adeka MC201OM and P201 by Adeka, Inc. 3) Or equal.

B. Membrane-Forming Curing compound: ASTM C 309, Type I-D. 1. Provide without fugitive dye when requested by ENGINEER.

C. Epoxy Bonding Agent: 1. Two-component epoxy resin bonding agent.

a. Product and Manufacturer: Provide one of the following: 1) Sikadur 32, Hi-Mod LPL, as manufactured by Sika Chemical

Corporation. 2) Epoxtite Binder (Code No. 2390), as manufactured by A.C. Horn,

Incorporated. 3) Or equal.

D. Latex Bonding Adhesive: 1. Provide a latex bonding adhesive formulated for use in both interior and

exterior locations. The bonding adhesive shall be stable in submerged locations and shall not be affected by chlorine. Adhesive shall be capable of being applied to damp or dry surfaces. The latex bonding adhesive shall comply with ASTM C1059, Type II, where specified.

2. Product and Manufacturer: Provide one of the following: a. Weld-Crete by Larsen Products Corp. b. Or equal.

2.6 GROUT

A. Nonshrink Grout: 1. Prepackaged nonstaining cementitious grout requiring only the addition of

water at the job site.

03300-7

2. Product and Manufacturer: Provide one of the following: a. Euco N-S, as manufactured by the Euclid Chemical Company. b. Masterflo 713, as manufactured by Master Builders Company. c. Or equal.

B. Grout Fill: 1. Except where otherwise specified use 1 part cement to 3 parts sand

complying with the following: a. Cement: ASTM C 150, Type II. b. Fine and Coarse Aggregate (No. 7) meeting ASTM C 33. c. Specified 28-day Compressive Strength: 3,000 psi. d. Maximum Water-Cement Ratio by Weight: 0.50. e. Air Content Percentage 7±1%. f. Minimum Cement Content in Pounds per Cubic Yard: 611.

PART 3 - EXECUTION

3.1 INSPECTION

A. CONTRACTOR and his installer shall examine the substrate and the conditions under which Work is to be performed and notify ENGINEER in writing of unsatisfactory conditions. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to ENGINEER.

3.2 FORMWORK

A. Construct the concrete members and structures to correct size, shape, alignment, elevation and position, complying with ACI 347.

B. Provide openings in formwork to accommodate Work of other trades. Accurately place and securely support items built into forms.

C. Clean and adjust forms prior to concrete placement. Apply form release agents or wet forms, as required. Retighten forms during and after concrete placement if required to eliminate mortar leaks.

3.3 REINFORCEMENT MATERIALS

A. Comply with the applicable recommendations of specified codes and standards, and CRSI, Manual of Engineering and Placing Drawings, for details and methods of reinforcement placement and supports.

B. Clean reinforcement to remove loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete.

C. Position, support, and secure reinforcement against displacement during formwork construction or concrete placement, including sidewalks. Locate and

03300-8

support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. 1. Place reinforcement to obtain the minimum concrete coverages as shown

and as specified in ACI 318. Arrange, space, and securely tie bars and bar supports together with 16 gage wire to hold reinforcement accurately in position during concrete placement operations. Set with ties so that twisted ends are directed away from exposed concrete surfaces.

2. Reinforcing steel shall not be secured to forms with wire, nails or other ferrous metal. Metal supports subject to corrosion shall not touch formed or exposed concrete surfaces.

D. Provide sufficient numbers of supports of strength required to carry reinforcement. Do not place reinforcing bars more than 2 inches beyond the last leg of any continuous bar support. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads.

E. Splices: 1. Provide standard reinforcement splices by lapping ends, placing bars in

contact, and tying tightly with wire. Comply with requirements shown for minimum lap of spliced bars in accordance with ACI 318.

F. Install welded wire fabric in as long lengths as practical, lapping at least one mesh. Locate and support fabric by metal chairs, runners, bolsters, spacers and hangers, as required for proper placement of the concrete.

G. Installation of Embedded Items: Set and build into the Work anchorage devices and embedded items required for other Work that is attached to, or supported by cast-in-place concrete. Use setting diagrams, templates and instructions provided under other Sections and other contracts for locating and setting. Refer also to Paragraph 1.1.B., Coordination.

H. Adhesive Dowels: 1. Drilling equipment used and installation of adhesive dowel shall be in

accordance with manufacturer's instructions. 2. Assure that embedded items are protected from damage and are not filled in

with concrete. 3. Unless otherwise shown or approved by ENGINEER conform to following

for adhesive dowels: Bar Size Embedment Depth #3 3 ¾” #4 5 ½” #5 7” #6 8 ½” #7 10” #8 11 ¾” #9 12 ¾”

03300-9

(If an alternate adhesive material is submitted, CONTRACTOR must submit embedment depths per manufacture’s recommendation. Embedment depths shall be based on a compressive strength of 2000 psi when embedded into existing concrete.)

4. The CONTRACTOR shall comply with the adhesive material manufacturer's installation instructions on the hole diameter. The CONTRACTOR shall properly clean out the hole utilizing a synthetic brush and compressed air to remove all loose material from the hole, prior to installing adhesive capsules or material. Proper mixing of the two-component system shall be done to the manufacturer’s recommendations.

5. Adhesive material manufacturer's representative shall observe and demonstrate the proper installation procedures for the adhesive dowels and adhesive material at no additional expense to the OWNER. Each installer shall be certified in writing by the manufacturer to be qualified to install the adhesive dowels.

3.4 CONSTRUCTION JOINTS

A. Comply with ACI 301, Chapter 6, and as specified below.

B. Locate and install construction joints as shown. Additional construction joints shall be located as follows: 1. In walls locate joints at a spacing of 50 feet maximum. 2. Provide other additional construction joints as required to satisfactorily

complete all work.

C. Horizontal Joints: 1. Roughen the surface in an acceptable manner that exposes the aggregate

uniformly and does not leave laitance, loosened particles of aggregate, or damaged concrete at the surface.

2. Remove laitance, waste mortar or other substance which may prevent complete adhesion.

3. For concrete over 45 days old, apply concrete epoxy bonding adhesive prior to placing new concrete.

D. Vertical Joints: 1. Roughen the surface in an acceptable manner that exposes the aggregate

uniformly and does not leave laitance, loosened particles of aggregate, or damaged concrete at the surface.

2. Remove laitance, waste mortar or other substance which may prevent complete adhesion.

3. For concrete over 45 days old, apply concrete epoxy bonding adhesive prior to placing new concrete.

3.5 BONDING TO HARDENED CONCRETE

A. The surface of hardened concrete upon which fresh concrete is to be placed shall be rough, clean, sound, and damp. Before placement of new plastic concrete, the

03300-10

hardened surface shall be cleaned of all laitance and foreign substances (including curing compound), washed with clean water and wetted thoroughly.

B. For bonding to hardened concrete less than 30 days old, coarse aggregate shall be omitted from the first batch or batches of concrete placed against hardened concrete. The mortar puddle shall cover the hardened concrete with at least 2 inches at every point.

C. Use epoxy bonding agent for the following: 1. Bonding of fresh concrete to concrete cured greater than 30 days or to

existing concrete. 2. Handle and store epoxy adhesive in compliance with the manufacturer's

printed instructions, including safety precautions. 3. Mix the epoxy adhesive in complete accordance with the instructions of the

manufacturer. 4. Before placing fresh concrete, thoroughly roughen and clean hardened

concrete surfaces and coat with epoxy grout not less than 1/16-inch thick. Place fresh concrete while the epoxy material is still tacky, without removing the in-place grout coat, and as directed by the epoxy manufacturer.

3.6 LATEX BONDING ADHESIVE

A. Use latex bonding adhesive as an alternative to epoxy bonding agent in specific applications as approved by the ENGINEER.

B. Handle and store latex bonding adhesive in compliance with the manufacturer’s printed instructions, including safety precautions.

C. Mix the latex bonding adhesive in complete accordance with the instructions of the manufacturer.

D. Before applying latex bonding adhesive, thoroughly roughen and clean hardened concrete surfaces.

E. Latex bonding adhesive shall not be exposed to water from the time it is placed up to a period of at least 7 days after the concrete has been placed.

3.7 CONCRETE PLACEMENT

A. CONTRACTOR is solely responsible for the means and methods used to properly transport concrete onsite from the unloading point to the point of placement. The mechanism and equipment used to properly transport concrete shall be closely considered when the CONTRACTOR is planning his Work. Pumping of concrete is not required, however, if the CONTRACTOR fails to place the concrete to the satisfaction of the OWNER and ENGINEER by means other than pumping, the concrete shall be pumped by the CONTRACTOR at no additional cost to the OWNER.

03300-11

B. Concrete shall not be placed until all reinforcement materials are inspected and permission for placing concrete is granted by ENGINEER. All concrete placed in violation of this provision will be rejected.

C. Inspection: Notify OWNER and ENGINEER at least 1 full working day in advance before starting to place concrete.

D. Manufacturing and delivery shall be in accordance with ASTM C 94.

E. Discharge Time: 1. As determined by set time, do not exceed 1-1/2 hours after adding cement to

water unless special approved time delay admixtures are used. Coordinate time delay admixture information with manufacturer and ENGINEER prior to placing concrete.

2. Maintain required slump throughout time of concrete placement and consolidation. Discontinue use of high range water reducing admixture (superplasticizers) and provide new mix design if it fails to maintain slump between 4 to 6 inches and produce good consolidation for the length of time required. Redesign mix adjusting set control admixtures to maintain setting time in range required.

F. Job-Site Mixing: Not permitted for this project.

G. All concrete for liquid retaining structures, and all concrete in contact with earth, water, or exposed directly to the elements shall be watertight.

H. Concrete Placement: Comply with ACI 304, placing concrete in a continuous operation within planned joints or sections. Do not begin placement until work of other trades affecting concrete is completed.

I. Provide sufficient illumination in the interior of forms so concrete deposition is visible, permitting confirmation of consolidation quality.

J. Make all concrete solid, compact and smooth, and free of laitance, cracks and cold joints.

K. Pumping of Concrete: 1. Provide standby pump, conveyor system, crane and concrete bucket, or

other system onsite during pumping, for adequate redundancy to assure completion of concrete placement without cold joints in case of primary placing equipment breakdown.

2. Minimum Pump Hose (Conduit) Diameter: 4 inches. 3. Replace pumping equipment and hoses (conduits) that are not functioning

properly.

L. Consolidate placed concrete using mechanical vibrating equipment with hand rodding and tamping, so that concrete is worked around reinforcement and other embedded items and into all parts of forms.

03300-12

1. Consolidate concrete with internal vibrators with minimum frequency of 8,000 cycles per minute and amplitude as required to consolidate concrete in section being placed.

2. Provide at least one standby vibrator in operable condition at placement site prior to placing concrete.

3. Consolidation Equipment and Methods: ACI 309R. 4. During concrete placement, vibration consolidation shall not exceed

distance of 3 feet from point of top of concrete being placed. 5. Vibrate concrete in vicinity of joints to obtain impervious concrete.

M. Protect concrete from physical damage or reduced strength due to weather extremes during mixing, placement, and curing. 1. In hot weather comply with ACI 305. 2. In cold weather comply with ACI 306.

3.8 CURING

A. Curing: Begin initial curing as soon as free water has disappeared from exposed surfaces. Where possible, keep continuously moist for not less than 72 hours or apply curing compound immediately after final floating and finish. Continue curing through use of moisture-retaining cover or membrane-forming curing compound. Cure formed surfaces by moist curing until forms are removed. Provide protection as required to prevent damage to exposed concrete surfaces.

3.9 FINISHES

A. Slab Finish: 1. After placing concrete slabs, do not work the surface further until ready for

floating. Begin floating when the surface water has disappeared or when the concrete has stiffened sufficiently. Use a wood float only. Check and level the surface plane to a tolerance not exceeding 1/4-inch in 10 feet when tested with a 10 foot straightedge placed on the surface at not less than 2 different angles. Cut down high spots and fill all low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat the surface to a uniform, smooth, granular texture.

2. After floating, begin the first trowel finish operation using a power-driven trowel. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface.

3. Consolidate the concrete surface by the final hand troweling operation. Finish shall be free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8-inch in 10 feet when tested with a 10-foot straight edge. Grind smooth surface defects which would telegraph through applied floor covering system.

4. Use trowel finish for the following: a. Interior exposed slabs unless otherwise shown or specified.

5. Apply non-slip broom finish to exterior concrete slab and elsewhere as shown on the Drawings.

03300-13

B. Formed Surfaces: 1. Rough Form Finish:

a. Standard rough form finish shall be the concrete surface having the texture imparted by the form material used, with tie holes and defective areas repaired and patched with mortar of 1 part cement to 1 1/2 parts sand and all fins and other projections exceeding 1/4-inch in height rubbed down or chipped off.

b. Use rough form finish for the following: 1) Exterior vertical surfaces up to 1 foot below grade. 2) Interior exposed vertical surfaces of liquid containers up to 1 foot

below liquid level. 3) Interior and exterior exposed beams and undersides of slabs. 4) Other areas shown.

2. Smooth Form Finish: a. Produce smooth form finish by selecting form materials which will

impart a smooth, hard, uniform texture. Arrange panels in an orderly and symmetrical manner with a minimum of seams. Repair and patch defective areas as above with all fins or other projections completely removed and smoothed.

b. Use smooth form finish for surfaces that are to be covered with a coating material. The material may be applied directly to the concrete or may be a covering bonded to the concrete such as waterproofing, dampproofing, painting or other similar system.

3. Smooth Rubbed Finish: a. Provide smooth rubbed finish to concrete surfaces which have received

smooth form finish as follows: 1) Rubbing of concrete surfaces not later than the day after form

removal. 2) Moistening of concrete surfaces and rubbing with carborundum

brick or other abrasive until a uniform color and texture is produced. Do not apply cement grout other than that created by the rubbing process.

b. Except where surfaces have been previously covered as specified above, use smooth rubbed finish for the following: 1) Interior exposed walls and other vertical surfaces. 2) Exterior exposed walls and other vertical surfaces down to 1 foot

below grade. 3) Interior and exterior horizontal surfaces, except exterior exposed

slabs and steps. 4) Interior exposed vertical surfaces of liquid containers down to

1 foot below liquid level. 5) Other areas shown.

4. Grout Cleaned Finish: a. Provide grout cleaned finish to concrete surfaces which have received

smooth form finish as follows: 1) Combine 1 part portland cement to 1-1/2 parts fine sand by

volume, and mix with water to the consistency of thick paint.

03300-14

Blend standard portland cement and white portland cement, amounts determined by trial patches, so that the final color of dry grout will closely match adjacent concrete surfaces.

2) Thoroughly wet the concrete surface and apply grout uniformly by brushing or spraying immediately to the wetted surfaces. Scrub surface with cork float or stone to coat surface and fill surface holes. Remove excess grout by scraping, followed by rubbing with clean burlap to remove any visible grout film. Keep grout damp during the setting period by means of fog spray at least 36 hours after final rubbing. Complete any area in the same day it is started, with the limits of any area being natural breaks in the finished surface.

b. Except where surfaces have been previously covered as specified above, use grout cleaned finish for the following: 1) Interior exposed walls and other vertical surfaces. 2) Exterior exposed walls and other vertical surfaces down to 1 foot

below grade. 3) Interior and exterior horizontal surfaces, except exterior exposed

slabs and steps. 4) Interior exposed vertical surfaces of liquid containers down to

1 foot below liquid level. 5) Other areas shown.

5. Related Unformed Surfaces: a. At tops of walls, horizontal offsets, and similar unformed surfaces

occurring adjacent to formed surfaces, strike off smooth and finish with a texture matching the adjacent formed surfaces. Continue the final surface treatment of formed surfaces uniformly across the adjacent unformed surfaces, unless otherwise shown.

3.10 GROUT PLACEMENT

A. Nonshrink: 1. Place nonshrink grout as shown and in accordance with manufacturer's

instructions. If manufacturer's instructions conflict with the Specifications do not proceed until ENGINEER provides clarification.

2. Drypacking of nonshrink grout will not be permitted. 3. Placing grout shall conform to the temperature and weather limitations

described in Article 3.4 above.

B. Grout Fill: 1. Grout Fill shall be placed, cured, and finished as described in Article 3.7,

3.8 and 3.9.

3.11 FIELD QUALITY CONTROL

A. Reinforcement Materials 1. The CONTRACTOR shall correct improper workmanship, remove and

replace, or correct as instructed, found unacceptable or deficient.

03300-15

2. Adhesive Dowels: a. OWNER will retain an independent testing laboratory to perform field

quality testing of installed adhesive dowels. A minimum of ten percent of the adhesive dowels shall be tested to fifty percent of the yield capacity of the reinforcing bar.

b. CONTRACTOR shall provide access for the testing agency to places where work is being produced so that required inspection and testing can be accomplished.

c. If failure of any of the adhesive dowels occur, the CONTRACTOR will be required to pay for the costs involved in testing the remaining ninety percent of the adhesive dowels.

d. The CONTRACTOR shall pay for all corrections and subsequent tests required to confirm the integrity of the dowels.

e. The independent testing and inspection agency shall complete a report on each area. The report should summarize the observations made by the inspector and be submitted to the ENGINEER.

B. Concrete Work 1. Quality Control: OWNER'S testing laboratory will perform sampling and

testing during concrete placement, as follows: a. Sampling: ASTM C 172. b. Slump: ASTM C 143, one test for each load at point of discharge. c. Air Content: ASTM C 31, one for each set of compressive strength

specimens. d. Compressive Strength: ASTM C 39, one set of 4 cylinders for each

50 cubic yards or fraction thereof of each class of concrete; 1 specimen tested at 7 days, 2 specimens tested at 28 days, 1 specimen tested at 56 days.

e. Report test results in writing to ENGINEER on same day tests are made.

2. Cut out and properly replace or repair to the satisfaction of ENGINEER, surfaces which contain cracks or voids, are unduly rough, or are in any way defective. Patches or plastering will not be acceptable.

3. Repair, removal, and replacement of defective concrete shall be at no additional cost to OWNER.

+ + END OF SECTION + +

05540-1

SECTION 05540 CASTINGS PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as

shown, specified and required to furnish castings. 2. Castings include metal items that are not a part of the miscellaneous metal

fabrications or metal systems in other Sections of these Specifications.

B. Castings shall be for the following types of construction: 1. Manholes. 2. Catch basins. 3. Valve Boxes.

C. Related Sections:

1. Section 02606, Manholes. 2. Section 02710, Drainage Structures.

1.2 QUALITY ASSURANCE

A. Reference Standards: Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. 1. ASTM A 48, Standard Specification for Gray Iron Castings.

B. Shop Assembly:

1. Preassemble items in the shop to the greatest extent possible, so as to minimize field splicing and assembly of units at the site. Disassemble units only to the extent necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation.

1.3 SUBMITTALS

A. Shop Drawings: Submit for approval the following: 1. Fabrication and erection of all casting assemblies. Include plans, elevations,

and details of sections and connections. Show anchorage and accessory items. a. Include setting drawings for location and installation of castings and

anchorage devices. 2. Copies of manufacturer's specifications, load tables, dimension diagrams,

anchor details and installation instructions.

05540-2

PART 2 - PRODUCTS 2.1 MATERIALS

A. Gray Iron Castings: ASTM A 48, Class 30A.

B. Manhole Frames with Sealed Covers: 1. Roadway and finished lawn areas: Neenah Foundry Co., Model R-1916-F or

approved equal 2. Non-Roadway areas or where casting is above grade: Neenah Foundry Co.,

Model R-1917 or approved equal 3. Bolt frame to manhole cone section with 5/8-inch stainless steel expansion

anchors.

C. Manhole Frames with Solid Covers: 1. Neenah Foundry Co., Model R-1642 or East Jordan, Model 1045 2. Bolt frame to manhole cone section with 5/8-inch stainless steel expansion

anchors. 3. One consealed pick hole.

D. Area Inlet Catch Basin Frames and Gratings: 1. Frames: a. Neenah Foundry Co., Model R-4899 or approved equal. 2. Grating: a. Neenah Foundry Co., Model R-4884-A or approved equal.

E. Lamphole Frames with Covers (for cleanouts): 1. Non-Roadway: Neenah Foundry Co., Model R-1976.

2. Sidewalks and paved areas: Sewer cleanout lid assembly, vestal lid rmc-18-1, SN# 32-032, 32 lbs

3. Or equal. 2.2 DESIGN AND FABRICATION

A. Design round frames and covers to prevent rocking and rattling under traffic. B. Manhole Steps:

1. CONTRACTOR has the option to provide aluminum or reinforced polypropylene manhole steps as specified below.

2. All manhole steps provided for the Project must be fabricated from the same material and must meet minimum OSHA requirements.

4. Aluminum Manhole Steps: Forged aluminum alloy, ASTM 221. 5. Reinforced Polypropylene Manhole Steps: ½ inch Grade 60 steel reinforcing

rod, ASTM A-615, encapsulated in copolymer polypropylene, ASTM D 2146-68 under Type II, Grade 16906.

05540-3

C. Fabricate castings true to pattern so that component parts fit together. D. Identification Markings: 1. Provide markings on all manhole lids. 2. All manhole lids shall be provided with the words “SANITARY SEWER”

across the center of the lid. PART 3 - EXECUTION 3.1 INSTALLATION

A. Follow manufacturer's printed instructions and approved Shop Drawings.

B. Set castings accurately to required location, alignment and elevation, plumb, level, true and free of rack, measured from established lines and levels. Brace temporarily or anchor temporarily in formwork.

+ + END OF SECTION + +

Section 11313-1

1984.011/1-2019

SECTION 11313

RESIDENTIAL GRINDER PUMPS

PART 1–GENERAL 1.01 SUMMARY

A. Work Included: Provide excluding electrical and house connections, factory-built grinder pump units consisting of a grinder pump core, and all necessary parts and equipment installed in high-density polyethylene tank.

B. Related Sections and Divisions: Applicable provisions of Division 01 shall govern work in

this section. 1.02 REFERENCES

A. See Division 01. 1.03 SUBMITTALS

A. Submit as required in Division 01. Submittal shall include, but not be limited to, the following: Product data, shop drawing, performance curves, and report of factory test.

1.04 QUALITY ASSURANCE

A. Pumping station shall be in conformance with requirements of the Boone County and all applicable industry codes and laws.

1.05 DELIVERY, STORAGE, AND HANDLING

A. The units shall be shipped to the job site factory-assembled so that only the grinder pump need be installed in the basin and the alarm monitor need be mounted outside the home.

1.06 WARRANTY

A. The pump manufacturer shall warrant the units being supplied to OWNER against defects in workmanship and materials for a period of 5 years from the earlier of either the date established for partial utilization in accordance with GC 14.04 and 14.05, as modified in the Supplementary Conditions, or Substantial Completion of the project under normal use, operation, and service and no greater than 66 months from the date of delivery. The warranty shall be in printed form and apply to all similar units. Warranty shall include replacement parts and labor to replace same.

1.07 PAYMENT

A. Installation of grinder pumps shall be paid for according to the unit prices bid. The unit prices shall include all labor, material, and equipment required for complete installation, including excavation, dewatering, bedding, pump placement and testing, ballast, backfill, and restoration. It should be noted that the location of the grinder pumps on the drawing is approximate. Final locations and accessway length will be determined by ENGINEER in the

Section 11313-2

1984.011/1-2019

field. As such, quantities for particular accessway lengths will vary from those listed in the Bid, final payment will be based on the actual quantity of grinder pumps installed with the field determined accessway length.

PART 2–PRODUCTS 2.01 MANUFACTURER

A. The equipment specified shall be the product of any company experienced in the design and manufacture of grinder pumps for specific use in low-pressure sewage systems. The company shall submit detailed installation and user instructions for its product, submit evidence of an established service support program including complete parts and service manual, and be responsible for maintaining a continuing inventory of grinder pump replacement parts.

B. The pumps and basins shall be Environment-One Model DH071, or equal.

2.02 GRINDER PUMP BASINS

A. The tank shall be a Wetwell/Drywell design made of high-density polyethylene, with a grade selected to provide the necessary environmental stress cracking resistance. Corrugated sections are to be made of a double wall construction with the internal wall being generally smooth to promote scouring. The corrugations of the outside wall are to be a minimum amplitude of 1 1/2 inches to provide necessary transverse stiffness. Any incidental sections of a single wall construction are to be 0.250 inches thick (minimum). All seams created during tank construction are to be thermally welded and factory tested for leak tightness. The tank wall and bottom must withstand the pressure exerted by saturated soil loading at maximum burial depth. All station components must function normally when exposed to 150 percent of the maximum external soil and hydrostatic pressure.

B. The tank shall be furnished with one EPDM grommet fitting to accept a 4 1/2-inch OD DWV or Schedule 40 pipe. The tank capacities shall be as shown on the contract drawings.

C. The Drywell accessway shall be an integral extension of the Wetwell assembly and shall include a lockable cover assembly providing low profile mounting and watertight capability. The accessway design and construction shall enable field adjustment of the station height in increments of 4 inches or less without the use of any adhesives or sealants requiring cure time before installation can be completed.

D. The station shall have all necessary penetrations molded in and factory sealed. To ensure a leak free installation no field penetrations will be acceptable.

E. All discharge piping shall be constructed of 304 stainless steel. The discharge shall terminate outside the accessway bulkhead with a stainless steel, 1 1/4-inch Female NPT fitting. The discharge piping shall include a stainless steel ball valve rated for 235 psi WOG; PVC ball valves or brass ball/gate will not be accepted. The bulkhead penetration shall be factory installed and warranted by the manufacturer to be watertight.

F. The accessway shall include a single NEMA 6P Electrical Quick Disconnect (EQD) for all power and control functions, factory installed with accessway penetrations warranted by the manufacturer to be watertight. The EQD will be supplied with 32 feet, 25 feet of useable

Section 11313-3

1984.011/1-2019

Electrical Supply Cable (ESC) outside the station, to connect to the alarm panel. The ESC shall be installed in the basin by the manufacturer. Field assembly of the ESC into the basin is not acceptable because of potential workmanship issues. The EQD shall require no tools for connecting, seal against water before the electrical connection is made, and include radial seals to assure a watertight seal regardless of tightening torque. Plug-type connections of the power cable onto the pump housing will not be acceptable due to the potential for leaks and electrical shorts. A junction box shall not be permitted in the accessway due to the large number of potential leak points. The EQD shall be so designed to be conducive to field wiring as required. The accessway shall also include an integral 2-inch vent to prevent sewage gases from accumulating in the tank.

2.03 GRINDER PUMP CORE

A. Core Unit: The grinder pump shall have a cartridge-type, easily-removable core containing pump, motor, grinder, controls, check valve, antisiphon valve, and wiring. The watertight integrity of the core unit, including wiring and access cover, shall be established by 100% factory air test at a minimum 5 psig. The core unit shall be mounted to the top of the tank and shall have two lifting eyes provided in the top housing which can be used to facilitate easy removal of the core unit from the tank.

B. Pump Unit:

1. The pump shall be an integral, vertical rotor, motor-driven, solids handling pump of the progressing cavity type with mechanical seal.

2. The rotor shall be through-hardened, highly-polished, precipitation-hardened stainless steel. The stator shall be composed of an ethylene propylene synthetic elastomer. All materials shall be suitable for domestic wastewater services.

C. Mechanical Seal: The core shall be provided with a mechanical shaft seal to prevent leakage

between motor and pump. The seal shall have a stationary ceramic seat and carbon rotation sealing surface with face precision lapped and held in position by a stainless steel spring.

D. Grinder:

1. The grinder shall be positioned immediately below the pumping elements and shall be direct-driven by a single, one-piece motor shaft. The grinder impeller assembly shall be securely fastened to the pump motor shaft. The grinder impeller shall be a one-piece, 4140 cutter wheel of the rotating type with inductively hardened cutter teeth. The cutter teeth shall be inductively hardened to Rockwell 50-60c for abrasion resistance. The shredder ring shall be of the stationary type and the material shall be white cast iron. The teeth shall be ground into the material to achieve effective grinding. The shredder ring shall have a staggered tooth pattern with only one edge engaged at a time, maximizing the cutting torque. This assembly shall be dynamically-balanced and operate without objectionable noise or vibration over the entire range of recommended operating pressures.

2. The grinder shall be constructed so as to eliminate clogging and jamming under all operating conditions including starting. Sufficient vortex action shall be created to scour tank free of deposits or sludge banks. These requirements shall be accomplished by the following items in conjunction with the grinder pump tank: a. The grinder shall be positioned in such a way that solids are fed in an upflow

direction. b. The maximum flow rate through the cutting mechanism must not exceed 4 feet per

second. This is a critical design element to minimize jamming and as such must be adhered to.

Section 11313-4

1984.011/1-2019

c. The inlet shroud shall have a diameter of no less than 5 inches. Inlet shrouds that are less than 5 inches in diameter will not be accepted due to their inability to maintain the specified 4 feet per second maximum inlet velocity which by design prevents unnecessary jamming of the cutter mechanism and minimizes blinding of the pump by large objects that block the inlet shroud.

d. The impeller mechanism must rotate at a nominal speed of no greater than 1800 rpm.

3. The grinder shall be capable of reducing all components in normal domestic sewage, including a reasonable amount of “foreign objects” such as paper, wood, plastic, glass and rubber to finely divide particles which will pass freely through the passages of the pump and the 1 1/4-inch-diameter discharge piping.

E. Motor:

1. The motor shall be a 1 hp, 110 or 230-volt, 1,725 rpm, capacitor start, ball bearing, squirrel-cage induction-type with a low-starting current not to exceed 30 or 60 amps, and high starting torque of 8.4-foot pounds minimum.

2. Inherent protection against running overloads or locked rotor conditions for the pump motor shall be provided by the use of an automatic-reset, integral thermal overload protector incorporated into the motor. This motor protector combination shall be listed by Underwriters Laboratories, Inc. for the application.

F. Check Valve: The pump shall be equipped with factory-installed, gravity-operated,

flapper-type integral check valve built into the discharge pipe. This valve will provide a full-ported passageway when open and shall introduce a friction loss of less than 6 inches of water at maximum rated flow. Working parts will be made of a 300 Series stainless steel and fabricated reinforced synthetic elastomer to ensure corrosion resistance, dimension stability, and fatigue strength. A nonmetallic hinge shall be an integral part of the flapper assembly providing maximum degrees of freedom for assured seating even at a very low back pressure. The valve body shall be an injection molded part made of an engineered thermoplastic resin. The valve shall be rated for continuous operating pressure of 235 psi.

G. Antisiphon Feature:

1. The pump shall be constructed with a positive flooded suction configuration. 2. An added assurance that the pump cannot lose primer even under negative pressure

conditions in the discharge piping system, the pump shall be equipped with an integral antisiphoning, air relief valve in the discharge piping just below the main check valve. This valve will automatically close when the pump is running and open to atmosphere when the pump is off.

H. Controls:

1. Necessary controls shall be integral with the grinder pump and shall be located in the top housing of the core unit inside a waterproof access cover. The cover shall be attached with stainless steel, tamper-proof fasteners.

2. Nonfouling wastewater level detection for controlling pump operation shall be accomplished by monitoring the pressure changes in an integral, air-bell level sensor connected through airtight tubing to a pressure switch. The level detection device shall consist of all static components in contact with the wastewater, or if floating elements are employed, they must have a clear space to float up into which extends a full 360 degrees around the point of suspension or support.

3. Overflow sensing will be accomplished by a separate air-bell sensor of the same type.

Section 11313-5

1984.011/1-2019

4. To assure reliable operation of pressure-sensitive switches, each core shall be equipped with a quick-disconnect breather assembly, complete with check valve, to prevent accidental entry of water into motor compartment in the event of flooding.

I. Lifting Eyes: The grinder pump core unit shall have two lifting eyes provided in the top housing which can be used to facilitate easy removal of the core unit from the tank if necessary.

J. Electrical:

1. The grinder pumps shall be free from electrical and fire hazards as required in a residential environment. As evidence of compliance with this requirement, the completely assembled and wired grinder pump in its tank shall be listed by Underwriters Laboratories, Inc.

2. The grinder pumps shall meet accepted standards for plumbing equipment for use in or near residences, shall be free from noise, odor, or health hazards, and shall have been tested by an independent laboratory to certify its capability to perform as specified in either individual or low-pressure sewer system applications. As evidence of compliance with this requirement, the grinder pump shall bear the National Sanitation Foundation seal of approval.

3. The grinder pumps shall meet the electrical requirements of NR 110.14(5)(b). 4. CONTRACTOR shall coordinate with homeowner on the location of power supply from

the home to the grinder pump station control panel. Power supply requirement to the control panel shall be a four-conductor cable with a 240 volt, single-throw, double-pull breaker.

K. Operation Conditions: The pumps shall be of semi-positive displacement type. The pumps

provided shall be capable of delivering 11 gpm against a normal-rated total dynamic head of 92 feet. At zero head, the output shall be 15 gpm minimum. The pumps shall be capable of intermittent (5-minute minimum) operation at any heads up to 150% of normal-rated dynamic head while discharging at least 80% of rated flow without damage to the driving motor or piping system. The electrical rating of each pump shall be 16 or 8 amps, single-phase, 110- or 230-volt, 60 Hz.

L. Stainless Steel Curb Stop/Check Valve Assembly (Uni-Lateral): 1. The curb stop shall be pressure-tight in both directions. The ball valve actuator shall

include position stop features at the fully opened and closed positions. The curb stop/check valve assembly shall be designed to withstand a working pressure of 235 psi.

2. The stainless steel check valve shall be integral with the curb stop valve. The check valve will provide a full-ported 1 1/4-inch passageway and shall introduce minimal friction loss at maximum rated flow. The flapper hinge design shall provide a maximum degree of freedom and ensure seating at low back pressure.

3. All plastic fitting components are to be in compliance with applicable ASTM standards. 4. All pipe connections shall be made using compression fitting connections including a

Buna-N O-ring for sealing to the outside diameter of the pipe. A split-collet locking device shall be integrated into all pipe connection fittings to securely restrain the pipe from hydraulic pressure and external loading caused by shifting and settling.

5. Curb boxes shall be constructed of ABS, conforming to ASTM-D 1788. Lid top casting shall be cast iron, conforming to ASTM A-48 Class 25, providing magnetic detectability, and be painted black. All components shall be inherently corrosion-resistant to ensure

Section 11313-6

1984.011/1-2019

durability in the ground. Curb boxes shall provide height adjustment downward (shorter) from their nominal height.

6. Pipe shall have a working pressure of 160 psi minimum and shall be classified SDR per ASTM D 3035.

7. The stainless steel, combination curb stop/check valve component shall be 100 percent hydrostatically tested to 150 psi in the factory.

M. Alarm Panel: 1. Each grinder pump station shall include a NEMA 4X, UL-listed alarm panel suitable for

wall or pole mounting. The NEMA 4X enclosure shall be manufactured of thermoplastic polyester to ensure corrosion resistance. The enclosure shall include a hinged, lockable cover. The enclosure shall not exceed 10 1/2 inches W by 14 inches H by 7 inches D, or 12 1/2 inches W by 16 inches H x 7 1/2 inches D if certain options are included.

2. The alarm panel shall contain one 15-amp, double-pole circuit breaker for the pump core’s power circuit and one 15-amp, single-pole circuit breaker for the alarm circuit. The panel shall contain a push-to-run feature, an internal run indicator, and a complete alarm circuit. All circuit boards in the alarm panel are to be protected with a conformal coating on both sides and the AC power circuit shall include an auto resetting fuse.

3. The alarm panel shall include the following features: external audible and visual alarm; push-to-run switch; push-to-silence switch; redundant pump start; and high level alarm capability. The alarm sequence is to be as follows when the pump and alarm breakers are on: a. When liquid level in the sewage wet-well rises above the alarm level, the contacts

on the alarm pressure switch activate, audible and visual alarms are activated, and the redundant pump starting system is energized.

b. The audible alarm may be silenced by means of the externally mounted, push-to-silence button.

c. Visual alarm remains illuminated until the sewage level in the wet-well drops below the “off” setting of the alarm pressure switch.

4. The visual alarm lamp shall be inside a red, oblong lens at least 3 3/4 inches L by 2.38 inches W by 1 1/2 inches H. Visual alarm shall be mounted to the top of the enclosure in such a manner as to maintain NEMA 4X rating. The audible alarm shall be externally mounted on the bottom of the enclosure, capable of 93 dB at 2 feet. The audible alarm shall be capable of being deactivated by depressing a push-type switch that is encapsulated in a weatherproof silicone boot and mounted on the bottom of the enclosure (push-to-silence button).

5. The entire alarm panel, as manufactured and including any of the following options shall be listed by Underwriters Laboratories, Inc.

2.04 FACTORY TESTING

A. Before shipment, the complete grinder pumping station, including any required accessway or tube, shall be completely assembled at the manufacturer’s plant and shall be tested 100% for the following items prior to shipment: Flow rate at 35 feet and 92 feet of head, operation of normal and high level controls as specified levels, insulation resistance, power consumption in watts, current draw in amperes at nameplate-voltage, noise level, and vibration within specifications.

PART 3–EXECUTION 3.01 INSTALLATION

Section 11313-7

1984.011/1-2019

A. Grinder pump units shall be installed in consultation with the homeowner. All units are for exterior installations.

B. Grinder pump units shall be shipped to the job site in factory shipping crates.

C. CONTRACTOR shall install the basins and specified accessories as directed. Installation

shall be in accordance with manufacturer’s directions. Installation of the basin shall be in accordance with manufacturer’s directions and the requirements of the drawings.

D. Excavation for the basin shall be to such a depth that the accessway cover is a maximum

4 inches above grade. The basin shall be installed on a minimum of 6 inches of clean, naturally-rounded aggregate ranging in particle size from 1/8 inch to 3/4 inches in greatest dimension. CONTRACTOR shall provide concrete anchor to prevent floating of the unit.

E. Groundwater shall be assumed to be at ground surface or as indicated on the drawings.

Concrete anchor shall be installed in accordance with manufacturer’s directions. CONTRACTOR shall provide his shop drawings and submittal calculations for sizing of concrete anchor for ENGINEER’s review and OWNER’s approval. Backfill around the basin shall be consistent with recommendations in the soils report. CONTRACTOR shall orient basin to allow connection of plumbing and if concrete anchor is required, shall install anchor so as not to interfere with connection point. All nuts, bolts, and washers necessary for the installation of the vent piping to the grinder pump chamber shall be stainless steel. Connection to the grinder pump tank and all vent piping shall be watertight.

F. 3.02 FIELD START-UP AND TESTING

A. Start-up and Testing: Each pump installation shall be started and tested by the manufacturer’s factory trained service technician, and the cost shall be included in the prices bid for grinder pumps. Procedure shall include: 1. Verify that installation is according to manufacturer’s recommendations. 2. Fill with water to high water level. 3. With portable generator, provide power to control panel to:

a. Verify alarm signal operation. b. Start and run pump. c. Verify amp draw and record. d. Verify proper operation and flow rate.

END OF SECTION

15121-1

SECTION 15121 WALL PIPES, FLOOR PIPES AND PIPE SLEEVES PART 1 - GENERAL 1.1 DESCRIPTION

A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as

shown, specified and required to furnish and install all floor pipes, pipe sleeves, wall pipes, other wall pieces, and escutcheons.

B. Related Sections:

1. Section 03300, Cast-In-Place Concrete. 2. Division 15, Sections on Piping, Valves, Specials, and Gates.

1.2 QUALITY ASSURANCE

A. Reference Standards: Comply with applicable provisions and recommendations of the following except as otherwise shown or specified. 1. ANSI B16.1, Cast-Iron Pipe Flanges and Flanged Fittings. 2. ANSI B16.4, Cast-Iron Threaded Fittings. 3. AWWA C104 (ANSI A21.4), Cement-Mortar Lining for Ductile-Iron Pipe and

Fittings for Water. 4. AWWA C110 (ANSI A21.10), Ductile-Iron and Gray-Iron Fittings, 3-in.

Through 48-in., for Water and Other Liquids. 5. AWWA C111 (ANSI A21.11), Rubber-Gasket Joints for Ductile-Iron and

Gray-Iron Pressure Pipe and Fittings. 6. AWWA C115 (ANSI A21.15), Flanged Ductile-Iron and Gray-Iron Pipe with

Threaded Flanges. 7. AWWA C151 (ANSI A21.51), Ductile-Iron Pipe, Centrifugally Cast in Metal

Molds or Sand-Lined Molds, for Water or Other Liquids. 8. AWWA C200, Steel Water Pipe 6 Inches and Larger.

1.3 SUBMITTALS

A. Shop Drawings: Submit for approval the following: 1. Detailed drawings and data on all wall and floor pipe, and pipe sleeves. Submit

and coordinate these with Shop Drawings required for all piping systems.

15121-2

PART 2 - PRODUCTS 2.1 MATERIALS

A. Wall and Floor Pipes: 1. Material: Same as specified for the piping connected to wall or floor pipe,

unless otherwise approved by ENGINEER. 2. End Connections: As shown or approved. 3. Thickness: Same as specified for the piping connected to wall or floor pipe. 4. Collars: Provide collars at mid-point of wall for anchorage and watertightness. 5. Pipes ends shall be flush with wall face unless otherwise shown. 6. Flanged ends and mechanical joint bells shall be drilled and tapped for studs.

Provide studs of same material as connected piping except submerged and buried studs shall be of Type 304 stainless steel.

B. Pipe Sleeves:

1. Ferrous and Plastic Pipe: Use standard weight galvanized steel pipe unless otherwise shown.

2. Copper Pipe: Use Type K hard drawn copper pipe unless otherwise shown.

C. Cast Wall Sleeves: 1. Material: Ductile iron furnished with integral wall collar. 2. Dimensions: As required for mechanical joint pipe to pass through sleeve.

Length as required.

D. Mechanical Seals: Provide link type mechanical seals suitable for 20 psi working pressure, corrosive service and accessible from one side, with Delrin pressure plate and stainless steel bolts and nuts. 1. Product and Manufacturer: Provide one of the following:

a. Link-Seal, as manufactured by Thunderline Corporation. b. Or equal.

E. Wall and Ceiling Plates:

1. Bare pipes passing through walls and ceilings in finished rooms: Provide escutcheon plates of cast brass or cast iron nickel plated, clevis or split ring and hinged with set screws.

2. Insulated pipes passing through walls and ceilings in finished rooms: Provide plated escutcheon plates of 18 gage steel.

PART 3 - EXECUTION 3.1 INSTALLATION

A. Wall and Floor Pipes: Install as shown and in accordance with approved Shop Drawings.

15121-3

B. Pipe Sleeves: 1. Use sleeves wherever pipes pass through walls, partitions, floors, and roofs

unless otherwise shown. 2. All sleeves through floor slabs shall extend a minimum of 2 inches above

finished floor. 3. Anchor sleeves to concrete and masonry walls as shown or otherwise approved. 4. Sleeves through walls shall be flush with wall face. 5. All pipe joints and annular spaces in exterior walls or walls subjected to

hydrostatic pressure shall be completely watertight. 6. Use link type seals to seal sleeve against hydrostatic pressure. Size Sleeves to

provide annular space required to suit link type mechanical seals that are used. 7. Do not install sleeves and pipes through structural members unless specifically

shown and approved by ENGINEER. 8. Size sleeves to provide annular space as follows:

Sleeve ID Minus Pipe

Pipe Size Or Insulation OD

Less than 2-in. 1/2-in. to 3/4-in. 2-in. to 4-in. 3/4 in. to 1-1/4-in. 6-in. to 12-in. 1-1/4 in. to 2-in. Over 12-in. 2-in. to 3-in.

C. Install wall and ceiling plates in accordance with the manufacturer's

recommendations and the approved Shop Drawings. + + END OF SECTION + +