DDW-2024-006444

Weber Basin Water Conservancy District
Little Mountain 4.0 MG Tank Replacement
CONTRACT DOCUMENTS & SPECIAL
PROVISIONS
Creating solutions that work and relationships that last
PROJECT MANUAL

FOR THE

Weber Basin Water Conservancy District
Little Mountain 4.0 MG Tank Replacement

Prepared by:

SUNRISE ENGINEERING, INC.
6875 South 900 East
Midvale, Utah 84047
Tel: [phone]

CONTRACT DOCUMENTS

Sunrise Engineering, Inc.Table of Contents
WBWCD – Little Mountain 4.0 MG Tank Replacement Page i
January 2024
TABLE OF CONTENTS
FOR
WEBER BASIN WATER CONSERVANCY DISTRICT
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION
CONTRACT DOCUMENTS
C111 Advertisement for Bids ................................................................................................................................................... 2
C200 Instructions to Bidders ................................................................................................................................................ 16
C410 Bid Form ........................................................................................................................................................................... 12
C430 Bid Bond (Penal Sum) ..................................................................................................................................................... 2
C440 Proposed Subcontractors and Major Material Suppliers .................................................................................... 1
C510 Notice of Award ................................................................................................................................................................ 1
C520 Agreement Between Owner and Contractor for Construction Contract ...................................................... 8
C550 Notice to Proceed ............................................................................................................................................................ 1
C610 Performance Bond ........................................................................................................................................................... 4
C615 Payment Bond ................................................................................................................................................................... 4
C620 Application for Payment ................................................................................................................................................ 6
C625 Certificate of Substantial Completion ....................................................................................................................... 1
C626 Notice of Acceptability ................................................................................................................................................... 1
C700 General Conditions ....................................................................................................................................................... 75
C800 Supplementary Conditions ........................................................................................................................................ 32
C940 Work Change Directive .................................................................................................................................................. 1
C941 Change Order .................................................................................................................................................................... 1
C942 Field Order .......................................................................................................................................................................... 1
STANDARD SPECIFICATIONS
Refer to APWA Standard of Specifications & APWA Standard Drawings
SPECIAL PROVISIONS
02 14 00 SP Dewatering .................................................................................................................................................................. 3
02 41 20 SP Utility Investigation ................................................................................................................................................... 2
03 11 01 SP Waterstops .................................................................................................................................................................. 1
03 11 02 SP Post-Tensioning Tendons ...................................................................................................................................... 4
03 11 03SP Formwork for AWWA D115 Tank ........................................................................................................................ 4
03 20 01 SP Reinforcement for AWWA D115 Tank ............................................................................................................... 4
03 30 04 SP Concrete ....................................................................................................................................................................... 1
03 30 10 SP Concrete Placement (Cold Weather Procedures) .......................................................................................... 2
03 30 11 SP Cast-In-Place Concrete for AWWA D115 Tank............................................................................................ 18
03 70 00 SP Watertightness Testing of AWWA D115 Tank ................................................................................................ 2
13 34 21 SP AWWA D115 Concrete Tank ................................................................................................................................. 4
31 60 00 SP Solid Rock Excavation .............................................................................................................................................. 2
32 94 00 SP Landscaping ................................................................................................................................................................ 2
33 11 00 SP WBWCD Potable Water Pipeline Construction Specifications ................................................................. 10
50 00 00 SP Submersible Mixer ..................................................................................................................................................... 1
Sunrise Engineering, Inc.Table of Contents
WBWCD – Little Mountain 4.0 MG Tank Replacement Page ii
January 2024
ELECTRICAL SPECIAL PROVISIONS
16010 Electrical General Requirements ....................................................................................................................... 23
16150 Electrical Control Devices ....................................................................................................................................... 3
16315 Liquid Level Switches ............................................................................................................................................... 1
16410 Fuses .............................................................................................................................................................................. 1
16960 Magnetic Intrusion Switch ..................................................................................................................................... 1
17310 Submersible Pressure Transmitters..................................................................................................................... 2
EJCDC® C-111, Advertisement for Bids for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
ADVERTISEMENT FOR BIDS
Weber Basin Water Conservancy District
Layton, UT
Little Mountain 4.0 MG Tank Replacement
General Notice
Weber Basin Water Conservancy District (Owner) is requesting Bids for the construction of the
following Project:
Little Mountain 4.0 MG Tank Replacement
20018
Bids for the construction of the Project will be received at the Weber Basin Water Conservancy District
Offices located at 2837 East Highway 193, Layton, UT 84040 until [Date] at [time for receipt of Bids]
local time. At that time the Bids received will be publicly opened and read.
The Project includes the following Work:
Demolition of the existing 1.0 MG welded steel tank, construction of new 4.0 MG AWWA D115 pre-
stressed concrete tank and appurtenances, site piping & connection to existing water watermain,
retention pond expansion & site restoration.
Bids are requested for the following Contract: Little Mountain 4.0 MG Tank Replacement
Owner anticipates that the Project’s total bid price will be approximately $8,052,000 The Project has an
expected duration of 660 days.
Contractor shall have constructed at least three concrete drinking water storage tanks, one with a
capacity of 4 MG or greater, and two each with a capacity of 2 MG or greater. Experience shall include
construction of at least one AWWA D115 post-tensioned concrete tank with a capacity of 3 MG or
greater.

Obtaining the Bidding Documents
Information and Bidding Documents for the Project can be found at the following designated website:
https://www.weberbasin.com/PublicResources/PublicNotices
Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to
register with the designated website as a plan holder, even if Bidding Documents are obtained from a
plan room or source other than the designated website in either electronic or paper format. The
designated website will be updated periodically with addenda, lists of registered plan holders, reports,
and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and
other Bidding Documents will be offered only through the designated website. Neither Owner nor
Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources
other than the designated website.
The Issuing Office for the Bidding Documents is:
Weber Basin Water Conservancy District
2837 East Highway 193, Layton, UT
EJCDC® C-111, Advertisement for Bids for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 2
Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday
through Friday between the hours of 8:00 AM and 4:30 pm, and may obtain copies of the Bidding
Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be
available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets
of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office.
Bidding Documents may be purchased from the Issuing Office during the hours indicated above. Cost
does not include shipping charges. Upon Issuing Office’s receipt of payment, printed Bidding Documents
or electronic documents on compact disk will be sent via the prospective Bidder’s delivery service. The
shipping charge amount will depend on the shipping method chosen. Bidding Documents are available
for purchase in the following formats:
Format Cost
Paper Copy Bidding Documents $100
Electronic download of Bidding Documents from
https://www.weberbasin.com/PublicResources/PublicNotices
$0
Pre-bid Conference
A mandatory pre-bid conference for the Project will be held on [day, date] at [time] at Weber Basin
Water Conservancy District Office, 2837 East Highway 193, Layton, UT. Bids will not be accepted from
Bidders that do not attend the mandatory pre-bid conference.
Instructions to Bidders.
For all further requirements regarding bid submittal, qualifications, procedures, and contract award,
refer to the Instructions to Bidders that are included in the Bidding Documents.
This Advertisement is issued by:
Owner: Weber Basin Water Conservancy District
By:
Title:
Date:

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page1 of 1
INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Defined Terms ........................................................................................................................ 1
Article 2— Bidding Documents ................................................................................................................ 1
Article 3— Qualifications of Bidders ........................................................................................................ 2
Article 4— Pre-Bid Conference ................................................................................................................ 4
Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;
Other Work at the Site ............................................................................................................................ 4
Article 6— Bidder’s Representations and Certifications ........................................................................... 6
Article 7— Interpretations and Addenda ................................................................................................. 6
Article 8— Bid Security ............................................................................................................................ 7
Article 9— Contract Times ....................................................................................................................... 7
Article 10— Substitute and “Or Equal” Items ........................................................................................... 8
Article 11— Subcontractors, Suppliers, and Others .................................................................................. 8
Article 12— Preparation of Bid ................................................................................................................ 9
Article 13— Basis of Bid ......................................................................................................................... 10
Article 14— Submittal of Bid.................................................................................................................. 10
Article 15— Modification and Withdrawal of Bid ................................................................................... 11
Article 16— Opening of Bids .................................................................................................................. 11
Article 17— Bids to Remain Subject to Acceptance ................................................................................ 11
Article 18— Evaluation of Bids and Award of Contract ........................................................................... 11
Article 19— Bonds and Insurance .......................................................................................................... 12
Article 20— Signing of Agreement ......................................................................................................... 12
Article 21— Sales and Use Taxes............................................................................................................ 12

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 12
ARTICLE 1—DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions
and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the
meanings indicated below:
A. Issuing Office—The office from which the Bidding Documents are to be issued, and which
registers plan holders.
ARTICLE 2—BIDDING DOCUMENTS
2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents
(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is
Bidder’s responsibility to determine that it is using a complete set of documents in the preparation
of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use
of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.
2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of
the Project and permission to download or distribution of the Bidding Documents does not confer
a license or grant permission or authorization for any other use. Authorization to download
documents, or other distribution, includes the right for plan holders to print documents solely for
their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder
pays all costs associated with printing or reproduction. Printed documents may not be re-sold
under any circumstances.
2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or
invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office
at such website, and obtain a complete set of the Bidding Documents from such website. Bidders
may rely that sets of Bidding Documents obtained from the Bidding Documents Website are
complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by
Owner.
2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the
number and format stated in the Advertisement or invitation to bid, from the Issuing Office.
Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete,
unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.
2.05 Plan rooms (including construction information subscription services, and electronic and virtual
plan rooms) may distribute the Bidding Documents, or make them available for examination.
Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from
a plan room are encouraged to register as plan holders from the Bidding Documents Website or
Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents
obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.
2.06 Electronic Documents
A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding
Documents are available, such documents will be made available to the Bidders as Electronic
Documents in the manner specified.
1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf)
that is readable by Adobe Acrobat Reader Version 11 or later. It is the intent of the

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 12
Engineer and Owner that such Electronic Documents are to be exactly representative of
the paper copies of the documents. However, because the Owner and Engineer cannot
totally control the transmission and receipt of Electronic Documents nor the
Contractor’s means of reproduction of such documents, the Owner and Engineer cannot
and do not guarantee that Electronic Documents and reproductions prepared from
those versions are identical in every manner to the paper copies.
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon
complete sets of Electronic Documents of the Bidding Documents, described in
Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences
arising from transmission/receipt of Electronic Documents versions of Bidding Documents
and reproductions prepared from those versions and, further, assumes all risks, costs, and
responsibility associated with use of the Electronic Documents versions to derive information
that is not explicitly contained in printed paper versions of the documents, and for Bidder’s
reliance upon such derived information.
C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for
the use of the Contractor documents that were developed by Engineer as part of the Project
design process, as Electronic Documents in native file formats.
1. Electronic Documents that are available in native file format include:
a. Digital CAD files for site grading.
2. Release of such documents will be solely for the convenience of the Contractor. No such
document is a Contract Document.
3. Unless the Contract Documents explicitly identify that such information will be available
to the Successful Bidder (Contractor), nothing herein will create an obligation on the
part of the Owner or Engineer to provide or create such information, and the Contractor
is not entitled to rely on the availability of such information in the preparation of its Bid
or pricing of the Work. In all cases, the Contractor shall take appropriate measures to
verify that any electronic/digital information provided in Electronic Documents is
appropriate and adequate for the Contractor’s specific purposes.
4. In no case will the Contractor be entitled to additional compensation or time for
completion due to any differences between the actual Contract Documents and any
related document in native file format.
ARTICLE 3—QUALIFICATIONS OF BIDDERS
3.01 Prospective Bidders must submit required information regarding their qualifications within three
(3) business days after submitting original bid. Owner will review the submitted information to
determine which contractors are qualified to bid on the Work. Bids will only be accepted from
listed contractors. The information that each prospective Bidder must submit to seek
prequalification includes the following:
A. Written evidence establishing its qualifications such as financial data, previous experience,
and present commitments.
B. A written statement that Bidder is authorized to do business in the state where the Project
is located, or a written certification that Bidder will obtain such authority prior to the
Effective Date of the Contract.

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 12
C. Prospective Bidder’s state or other contractor license number, if applicable.
D. Subcontractor and Supplier qualification information.
E. Other required information regarding qualifications.
1. Contractor shall use M8 Automation or SKM Engineers for SCADA and Integration
Services.
2. Prequalified Electrical Contractors: Cache Valley Electric, Freedom Electric, S&S Electric,
Skyline Electric, Turner Electric, and Wood Electric.
3. Contractor shall have been in business a minimum of 5 years.
4. Contractor shall have constructed at least three concrete drinking water storage tanks,
one with a capacity of 4 MG or greater, and two each with a capacity of 2 MG or greater.
Experience shall include construction of at least one AWWA D115 post-tensioned
concrete tank with a capacity of 3 MG or greater.
5. Contractor shall have proven track record of completed projects without unresolved,
unrealistic, and unnecessary claims. Outstanding claims or frequent claims resulting in
arbitration, mediation, or litigation may be grounds for disqualification.
6. Contractor shall, at time of bid, hold a current Utah contractor’s license in a classification
appropriate to this Project (E100).
7. The estimated minimum bonding capacity for the project is $8 million, and the
Contractor shall have $8 million minimum available bonding capacity at the time of
bidding.
8. Provide a minimum of three references for similar projects completed by the
Contractor. Positive feedback from references is required. The Owner reserves the right
to disqualify a contractor based on poor references.
9. Contractor’s project manager shall have at least 10 years construction experience and
shall have been project manager on the construction of at least one concrete drinking
water storage tank, greater than or equal to 4 MG in capacity, and at least two additional
concrete drinking water storage tanks, each with a capacity of 3 MG or greater.
Experience shall include construction of vaults and mechanical installations. Experience
shall include construction of at least one AWWA D115 post-tensioned concrete tank
with a capacity of 3 MG or greater.
10. Contractor’s project superintendent shall have at least 10 years construction experience
and shall have been project superintendent on the construction of at least one concrete
drinking water storage tank, greater than or equal to 4 MG in capacity and at l east two
additional concrete drinking water storage tanks, each with a capacity of 3 MG or
greater. Experience shall include construction of vaults and mechanical installations.
Experience shall include construction of at least one AWWA D115 post-tensioned
concrete tank with a capacity of 3MG or greater.

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 12
3.02 A Bidder’s failure to submit required qualification information within the times indicated may
disqualify Bidder from receiving an award of the Contract.
3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek
additional pertinent information regarding Bidder’s qualifications.
ARTICLE 4—PRE-BID CONFERENCE
4.01 A mandatory pre-bid conference will be held at the time and location indicated in the
Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to
discuss the Project. Proposals will not be accepted from Bidders who do not attend the
conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its
participation. Bidders must sign in using the name of the organization that will be submitting a
Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a
Bid for this Project will be issued in an Addendum.
4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner
will issue Addenda to make any changes to the Contract Documents that result from discussions
at the pre-Bid conference. Information presented, and statements made at the pre-bid
conference will not be binding or legally effective unless incorporated in an Addendum.
ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S
SAFETY PROGRAM; OTHER WORK AT THE SITE
5.01 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 the 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.
5.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. The Supplementary Conditions identify the following regarding existing conditions at or
adjacent to the Site:
a. Those reports of explorations and tests of subsurface conditions at or adjacent to
the Site that contain Technical Data.
b. Those drawings known to Owner of existing physical conditions at or adjacent to
the Site, including those drawings depicting existing surface or subsurface
structures at or adjacent to the Site (except Underground Facilities), that contain
Technical Data.
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. Owner will make copies of reports and drawings referenced above available to any
Bidder on request. These reports and drawings are not part of the Contract Documents,

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 12
but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely,
as provided in the General Conditions, has been identified and established in 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: Underground Facilities are shown or indicated on the Drawings,
pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in
Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the
presence or location of Underground Facilities are not intended to be categorized, identified,
or defined as Technical Data.
5.03 Other Site-related Documents
A. In addition to the documents regarding existing Site conditions referred to in
Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the
Site are known to Owner and made available to Bidders for reference:
1. Design drawings for existing 1.0 MG welded steel tank and existing 2.0 MG glass fused
bolted steel tank.
Owner will make copies of these other Site-related documents available to any Bidder on
request.
B. Owner has not verified the contents of these other Site-related documents, and Bidder may
not rely on the accuracy of any data or information in such documents. Bidder is responsible
for any interpretation or conclusion Bidder draws from the other Site-related documents.
C. The other Site-related documents are not part of the Contract Documents.
D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be
held accountable for any data or information in such documents. The requirement to review
and take responsibility for documentary Site information is limited to information in (1) the
Contract Documents and (2) the Technical Data.
5.04 Site Visit and Testing by Bidders
A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and
adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the
Site.
B. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available
at the pre-Bid conference.
C. Bidders visiting the Site are required to arrange their own transportation to the Site.
D. All access to the Site other than during a regularly scheduled Site visit must be coordinated
through the Owner or Engineer contact for visiting the Site. Bidder must conduct the required
Site visit during normal working hours.
E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site
conditions.

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 12
F. On request, and to the extent Owner has control over the Site, and schedule permitting, the
Owner will provide Bidder general access to the Site to conduct such additional
examinations, investigations, explorations, tests, and studies as Bidder deems neces sary 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. Bidder is responsible for establishing
access needed to reach specific selected test sites.
G. Bidder must 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.
H. Bidder must fill all holes and clean up and restore the Site to its former condition upon
completion of such explorations, investigations, tests, and studies.
5.05 Owner’s Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner
safety program exists, it will be noted in the Supplementary Conditions.
5.06 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 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Express Representations and Certifications in Bid Form, Agreement
A. The Bid Form that each Bidder will submit contains express representations regarding the
Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and
certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should
review these representations and certifications, and assure that Bidder can make the
representations and certifications in good faith, before executing and submitting its Bid.
B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express
representations and certifications when it executes the Agreement.
ARTICLE 7—INTERPRETATIONS AND ADDENDA
7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the
Bidding Documents.
7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to
Engineer in writing. Contact information and submittal procedures for such questions are as
follows:

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 12
A. Steve Hansen Squire Augustine
Sunrise Engineering Sunrise Engineering
[e-mail] [e-mail]
[phone] [phone]
7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions
will be issued by Addenda delivered to all registered plan holders. Questions received less than
seven days prior to the date for opening of Bids may not be answered.
7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or
clarifications will be without legal effect. Responses to questions are not part of the Contract
Documents unless set forth in an Addendum that expressly modifies or supplements the Contract
Documents.
ARTICLE 8—BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of
Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the
form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General
Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.
8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the
contract to such Bidder, and such Bidder has executed the Contract, furnished the required
Contract security, and met the other conditions of the Notice of Award, whereupon the Bid
security will be released. If the Successful Bidder fails to execute and deliver the Contract and
furnish the required Contract security within 15 days after the Notice of Award, Owner may
consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder
will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s
damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if
Bidder defaults.
8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving
the award may be retained by Owner until the earlier of 7 days after the Effective Date of the
Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will
be released.
8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving
the award will be released within 7 days after the Bid opening.
ARTICLE 9—CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially
completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set
forth in the Agreement.
9.02 Bidder must set forth in the Bid the time by which Bidder must achieve Substantial Completion,
subject to the restrictions established in Paragraph 13.07 of these Instructions. The 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

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 12
in the Bid. If additional Milestones are included in the Contract Documents, Bidder must also
set forth in the Bid its commitments regarding the achievement of Milestones and readiness for
final payment. 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.
9.03 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial
Completion, or completion of the Work in readiness for final payment, are set forth in the
Agreement.
ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS
10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified
or described in the Bidding Documents without consideration during the bidding and Contract
award process of possible substitute or “or-equal” items. In cases in which the Contract allows
the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of
material or equipment, application for such acceptance may not be made to and will not be
considered by Engineer until after the Effective Date of the Contract.
10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will
furnish the materials and equipment specified or described in the Bidding 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 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of
the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective
Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by
an Addendum, then the prospective Bidder should refrain from submitting a Bid.
11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list
of the Subcontractors or Suppliers proposed for the following portions of the Work within five
days after Bid opening:
A. All significant material and equipment suppliers.
B. Subcontractors who will be completing 5% or more of the contract work.
11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent
information regarding similar projects and other evidence of qualification for each such
Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection
to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given,
request apparent Successful Bidder to submit an acceptable substitute, in which case apparent
Successful Bidder will 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.
11.04 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 and Suppliers.
Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security
of any Bidder. Any Subcontractor or Supplier, 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

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 12
to Owner and Engineer subject to subsequent revocation of such acceptance as provided in
Paragraph 7.07 of the General Conditions.
ARTICLE 12—PREPARATION OF BID
12.01 The Bid Form is included with the Bidding Documents.
A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures
or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must 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.”
12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare
its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the
Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch
by 11-inch paper and as closely identical in appearance to the Electronic Document version of the
Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally
vary in appearance from the original paper version of the Bid Form, providing that all required
information and submittals are included with the Bid.
12.03 A Bid by a corporation must 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 must be shown.
12.04 A Bid by a partnership must 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 of the partnership must be shown.
12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or
other authorized person and accompanied by evidence of authority to sign. The state of formation
of the firm and the official address of the firm must be shown.
12.06 A Bid by an individual must show the Bidder’s name and official address.
12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer
in the manner indicated on the Bid Form. The joint venture must have been formally established
prior to submittal of a Bid, and the official address of the joint venture must be shown.
12.08 All names must be printed in ink below the signatures.
12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must
be filled in on the Bid Form.
12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must
be shown.
12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project
is located, or Bidder must certify in writing that it will obtain such authority within the time for
acceptance of Bids and attach such certification to the Bid.

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 12
12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the
Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in
writing that it will obtain such licensure within the time for acceptance of Bids and attach such
certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on
the Bid Form.
ARTICLE 13—BASIS OF BID
13.01 Unit Price
A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price
section of the Bid Form.
B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item
will be the product of the “Estimated Quantity”, which Owner or its representative has set
forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the
Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total
will be used by Owner for Bid comparison purposes. The final quantities and Contract Price
will be determined in accordance with Paragraph 13.03 of the General Conditions.
C. 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.
13.02 Allowances
A. For cash allowances the Bid price must 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, in accordance with Paragraph 13.02.B of the General
Conditions.
ARTICLE 14—SUBMITTAL OF BID
14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the
Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid
security and the other documents required to be submitted under the terms of Article 2 of the
Bid Form.
14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in
the Advertisement or invitation to bid and must be enclosed in a plainly marked package 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 must be accompanied by the Bid security and
other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope
containing the Bid must be enclosed in a separate package plainly marked on the outside with the
notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the
Advertisement.
14.03 In lieu of submitting a Bid by sealed envelope, a Bidder may submit a Bid in electronic PDF format
by logging onto the weberbasin.com website where the bidding documents were obtained and
uploading the Bid. If the bidder elects to use the website, it is strongly encouraged that the Bidder
begin the upload process 4 hours before the bid opening time in case technical issues arise. Should
technical issues arise, the Bidder shall contact the Owner who may allow submission of the

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 12
electronic Bid by email if technical issues cannot be resolved. In all cases, it is the Bidder who
bears responsibility to ensure that the Bid is submitted by the Bid deadline.
14.04 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. Bid from Bidders that are not prequalified to bid will also be returned to the
Bidder unopened.
ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID
15.01 An unopened 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 the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid
will be returned to the Bidder.
15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the
manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the
opening of Bids.
15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner
and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a
material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid,
and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be
disqualified from further bidding on the Work.
ARTICLE 16—OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and,
unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids
and major alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE
17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT
18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor
Bid informalities not involving price, time, or changes in the Work.
18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation,
to not be responsible.
18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the
Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of

EJCDC® C-200, Instructions to Bidders for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 12 of 12
the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then
Owner will reject the Bid as nonresponsive.
18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder
submitting the lowest responsive Bid.
18.05 Evaluation of Bids
A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed
requirements, and such alternates, unit prices, and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids
will be compared on the basis of the total of the products of the estimated quantity of each
item and unit price Bid for that item, together with any lump sum items.
18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder
and may consider the qualifications and experience of Subcontractors and Suppliers proposed for
those portions of the Work for which the identity of Subcontractors and Suppliers must be
submitted as provided in the Bidding Documents.
18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility,
qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.
ARTICLE 19—BONDS AND INSURANCE
19.01 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, other required bonds (if any),
and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must
be accompanied by required bonds and insurance documentation.
19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds
as part of the bidding process.
ARTICLE 20—SIGNING OF AGREEMENT
20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the
unexecuted counterparts of the Agreement along with the other Contract Documents as
identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and
deliver the required number of counterparts of the Agreement and any bonds and insurance
documentation required to be delivered by the Contract Documents to Owner. Within 10 days
thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful
Bidder, together with printed and electronic copies of the Contract Documents as stated in
Paragraph 2.02 of the General Conditions.
ARTICLE 21—SALES AND USE TAXES
21.01 The Bidder agrees that all sales and use taxes are included in the stated Bid prices for the Work.
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 13
BID FORM FOR CONSTRUCTION CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to:
Weber Basin Water Conservancy District
2837 East Highway 193
Layton, UT 84040
1.02 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—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. List of Proposed Subcontractors and Major Material Suppliers.
C. List of Proposed Suppliers;
D. Evidence of authority to do business in the state of the Project; or a written covenant to
obtain such authority within the time for acceptance of Bids;
E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant
by Bidder to obtain said license within the time for acceptance of Bids;
F. Required Bidder Qualification Statement with supporting data.

EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 2 of 13
ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES
3.01 Unit Price Bids
A. Bidder will perform the following Work at the indicated unit prices:
BASE BID
Item
No.
Description Unit Estimated
Quantity
Bid Unit Price Bid Amount
1 Mobilization 1 LS $ $
2 Quality Control & Testing 1 LS $ $
3 Subsurface Investigation 20 HRS $ $
4 SWPP Plan 1 LS $ $
5 Demolish Exist. 1.0 MG Steel
Tank
1 LS $ $
6 Clearing & Grubbing 1 LS $ $
7 Site Earthwork 1 LS $ $
8 Tank Site Re-Seeding &
Erosion Control
3 AC $ $
9 Import Pipe Bedding/Pipe
Zone Backfill (Sand)
528 LF $ $
10 Import Trench Backfill (3”
Minus)
528 LF $ $
11 Concrete Pipe Headwall 1 LS $ $
12 48” Dia. Manhole 1 EA $ $
13 Drain Gravel 265 TONS $ $
14 Butterfly Valve, 18” 1 EA $ $
15 Blow Off Structure 1 LS $ $
16 Connection to Existing Pipe 1 EA $ $
17 Water Pipe, 18” Ductile Iron
(Class 250)
435 LF $
18 Water Pipe, 16” Ductile Iron
(Class 250)
28 LF $ $
19 Tank Ring Drain, 6” Contech
A2000
612 LF $ $
20 Concrete Water Tank, 4.0 MG,
AWWA D115
1 LS $ $
21 Import Tank Base Material 1,700 TONS $ $
22 Import Tank Structural
Material
1,500 TONS $ $
23 Site Electrical 1 LS $ $
24 Seismic Retrofit for Exist. 2.0
MG Tank
1 LS $ $
25 Solid Rock Excavation 12,000 CY $ $
Total of All Unit Price Base Bid Items $
B. Bidder acknowledges that:
1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover
Contractor’s overhead and profit for each separately identified item, and
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 13
2. estimated quantities are not guaranteed, and are solely for the purpose of comparison
of Bids, and final payment for all Unit Price Work will be based on actual quantities,
determined as provided in the Contract Documents.
3.02 Measurement & Payment
A. Description
1. Units of measurement for each bid item are as given in the Bid Schedule(s).
2. Payment Procedures shall be in conformance with APWA methods, as outlined in
Section 01 29 00 of APWA’s current edition of the Manual of Standard Specifications.
3. All time, materials, equipment, expenses, operations, and labor necessary to complete
the Work in the manner intended by the Drawings, Contract Documents and
Specifications shall be included in the Bid. Bid items not expressly listed in the Bid
Schedule shall be considered incidental to the Work, shall be included in the Bid prices
for the various line items and work classifications, and shall not cause CONTRACTOR to
be eligible for additional payment by OWNER.
4. All Bid items are considered to be deductible Bid items. OWNER reserves the right to
reduce quantities or deduct Bid items as required to meet budget constraints.
5. ENGINEER will take all measurements and compute all quantities. CONTRACTOR will
verify measurement and quantities. CONTRACTOR will provide all equipment, workers,
and survey crews to assist ENGINEER in making measurements.
3.03 Base Bid Items
A. MOBILIZATION (BID ITEM 1)
1. Measurement will be made by lump sum (LS)
2. Payment covers the cost of mobilization, demobilization, installation of temporary
facilities and bringing all necessary construction equipment to the site. (Refer to APWA
Section 01 71 13, Mobilization and Demobilization)
3. Payment will be made on a percentage basis as follows:
Percent of Original Contract
Amount Earned
Percent of Amount Bid for
Mobilization to be Paid
5 40
15 20
40 30
50 10
B. QUALITY CONTROL & TESTING (BID ITEM 2)
1. Measurement will be made by lump sum (LS)
2. Payment will cover the materials quality control and testing for all import materials,
concrete work, earthwork, and strength as required in APWA and in the contract
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 4 of 13
documents. If, during construction, additional control testing beyond what is required
in the APWA and contract documents is requested by ENGINEER and testing shows
product meets specification, such testing will be paid for by Change Order. (Refer to
APWA Section 01 45 00, Quality Control)
C. SUBSURFACE INVESTIGATION (BID ITEM 3)
1. Measurement will be made by counting the actual hours of work completed by the
machine and operator to investigate miscellaneous underground features as required
by the ENGINEER (HRS). No allowance of time will be made for transporting the backhoe
or other equipment to and from the job site when the backhoe or other equipment is
located on the site of the Contract.
2. Payment covers the furnishing and providing labor and equipment for investigation of
existing miscellaneous pipelines, wires and cables, and sub-surface features as required
by the ENGINEER (Refer to APWA Section 02 41 20SP, Utility Investigation)
D. SWPP PLAN (BID ITEM 4)
1. Measurement will be made by lump sum (LS)
2. Payment covers the CONTRACTOR in providing and maintaining a storm water pollution
prevention plan and controls / best management practices, as outlined by the State of
Utah DWQ. Permit No. UTR300000 found at:
http://www.waterquality.utah.gov/UPDES/stormwatercon.htm which outlines the
required steps for preparing and maintaining the SWPPP, provides guidelines, examples,
templates, BMP specifications, etc. The CONTRACTOR will be listed as an operator along
with Weber Basin Water Conservancy District. Payment also covers all erosion control
that is not listed as separate bid items, which includes: silt fence, construction fencing,
inlet protection, inlet clean-out (if necessary), and stabilized roadway entrances. (Refer
to APWA Section 31 25 00 and Special Provision 31 25 00)
E. DEMOLISH EXIST. 1.0 MG STEEL TANK (BID ITEM 5)
1. Measurement will be made by lump sum (LS).
2. Payment covers the cost of demolition and removal of the existing 1.0 MG welded steel
tank. Payment also covers all material, equipment, and labor necessary to remove
demolished materials from the site along with disposal fees. (Refer to APWA Section 02
41 13, Selective Site Demolition)
3. Payment covers the cost of removing existing water pipes, valves, fittings, and any other
miscellaneous items as shown on sheet DP1. Payment also covers the cost to cap
existing pipes at approximate locations shown on sheet DP1. (Refer to APWA 02 41 13,
Selective Site Demolition)
F. SITE CLEARING & GRUBBING (BID ITEM 6)
1. Measurement will be made by lump sum (LS).
2. Payment covers the cost of clearing, grubbing, and disposal of native topsoil, vegetation,
trees, and other organic and deleterious materials from the construction site. (Refer to
APWA Section 31 11 00, Site Clearing)

EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 5 of 13

G. SITE EARTHWORK (BID ITEM 7)
1. Measurement will be made by lump sum (LS)
2. Payment covers the cost of furnishing all necessary materials, equipment, and labor to
excavate, fill, bring to grade, haul, haul-off, spoil on site, stockpile, and move any and all
earthwork to produce a safe and workable construction, retention pond improvements,
stacked rock retaining wall as shown on plans, and finished grade(s) in accordance with
the construction drawings and OSHA requirements. De-watering requirements are as
given in APWA Section 02 14 00 SP. (Refer to APWA Section 31 05 13, Common Fill)
3. Payments will be made in accordance with the following (retainage will be held in
accordance with Contract Documents):
a. Up to 70% payment at completion of excavation and foundation preparation;
b. 90% payment at completion of backfill, compaction, and burial of tank; and,
c. 100% payment at completion of final site grading including installation of erosion
control blankets.
4. No payment for over excavation unless approved in writing by ENGINEER.
H. TANK SITE RE-SEEDING & EROSION CONTROL (BID ITEM 8)
1. Measurement will be made by total acreage (AC) re-seeded after the tank has been
backfilled.
2. Payment covers the cost of furnishing erosion control as necessary or as specified in the
construction documents. Payment also covers all material, equipment, and labor
necessary to seed all disturbed areas. (Refer to Special Provision 32 94 00, Landscaping).
Seed is to be applied via one-step hydroseed or approved alternate method.
3. Payment covers the cost of furnishing specified plants as called out on landscaping plan
and proper installation.
I. IMPORT PIPE BEDDING/ PIPE ZONE BACKFILL (SAND) (BID ITEM 9)
1. Measurement will be made by linear feet (LF). Quantities of imported pipe trench fill
shall be determined by measuring the lineal feet (lineal feet of trench requiring
imported materials) of imported material in place and accepted.
2. Payment covers the cost of the material and transportation to the Site. This item covers
purchase and delivery only. Installation of import pipe bedding material shall be
included in the pipe install bid items. Paid for separately is all necessary equipment,
labor, on-site hauling, placement, and compaction to produce an acceptable pipe trench
bedding. No allowance will be made for bedding materials required to fill voids caused
by trenching operations which exceed the dimensions shown on the drawings. (Refer to
APWA Section 33 05 20, Backfilling Trenches)
J. IMPORT PIPE TRENCH BACKFILL (3” MINUS) (BID ITEM 10)
1. Measurement will be made by linear feet (LF). Quantities of imported pipe trench fill
shall be determined by measuring the lineal feet (lineal feet of trench requiring
imported materials) of imported material in place and accepted.
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 6 of 13
2. Payment covers the cost of the material and transportation to the Site. This item covers
purchase and delivery only. Installation of import pipe bedding material shall be
included in the pipe install bid items. Paid for separately is all necessary equipment,
labor, on-site hauling, placement, and compaction to produce an acceptable trench
backfill. No allowance will be made for backfill materials required to fill voids caused by
trenching operations which exceed the dimensions shown on the drawings. If native
material meets specification requirements, this bid item may not be used. Acceptability
of native material will be approved by ENGINEER. (Refer to APWA Section 33 05 20,
Backfilling Trenches)
K. CONCRETE PIPE HEADWALL (BID ITEM 11)
1. Measurement will be made by lump sum (LS).
2. Payment covers the cost of excavation, subgrade preparation, bedding and backfill,
potholing, formwork, reinforcement, furnishing material, labor, and incidentals for
constructing concrete structure(s) specified on the construction drawings including all
grates, transition couplers, ductile iron piping and fittings, and appurtenances and items
not identified as separate pay items in the bid schedule.
3. Payment covers the cost of excavation, subgrade preparation, formwork,
reinforcement, materials, labor, and incidentals for constructing a concrete headwall
specified on the construction drawings including and items not identified as separate
pay items in the bid schedule.
L. 48” DIA. MANHOLE (BID ITEM 12)
1. Measurement per each (EACH).
2. Payment covers the cost of excavation, bedding and backfill, potholing, and new
manhole materials; installation of new manhole, sewer lid, ring & cover, collaring;
providing material, labor, and incidentals for connecting ring drain piping to new
manhole; and other miscellaneous devices, materials, or equipment required for a
complete installation. (Refer to APWA Section 33 31 00, Sanitary Sewerage System)
M. DRAIN GRAVEL (BID ITEM 13)
1. Measurement will be made by ton (TON) as recorded on trucking tickets.
2. Payment covers the cost of the material and transportation to the Site. Paid for
separately is all necessary equipment, labor, on-site hauling, placement, and
compaction to produce an acceptable drainage envelope for the tank ring drain. No
allowance will be made for drain rock materials required to fill voids caused by trenching
operations which exceed the dimensions shown on the drawings. If native material
meets specification requirements, this bid item may not be used. Acceptability of native
material will be approved by the ENGINEER. (Refer to APWA Section 33 05 20, Backfilling
Trenches)
N. BUTTERFLY VALVE, 18” (BID ITEM 14)
1. Measurement will be made by actual count per each installed (EACH).
2. Payment covers the cost of excavation, foundation preparation, butterfly valve,
restraint devices, valve boxes, valve, concrete collar, backfill, wax tape and corrosion
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
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Page 7 of 13
protection, and other miscellaneous devices, materials, or equipment required for a
complete installation. (Refer to APWA Section 33 12 16, Water Valves)
3. Per Weber Basin Water Conservancy District 2023 Potable Water Mainline Specification,
butterfly valve must be AVTEK AWWA DEX Double Eccentric Butterfly Valve or VAG EKN
H300 Butterfly Valve. (Refer to WBWCD 2023 Potable Water Mainline Specification
Section 4.3)
O. BLOW OFF STRUCTURE (BID ITEM 15)
1. Measurement will be made by lump sum (LS).
2. Payment covers the cost of excavation, soil preparation, potholing, the new blow off
structure with surface coatings and fittings, bollards, concrete collar, energy dissipation
structure with galvanized grating, riprap class III, non-woven geotextile fabric, roadbase
UTBC material, 6-inch supply main piping, connection of the new blow off structure to
new water main with ductile iron, PVC, or epoxy lined and coated flanged steel pipe
with exterior of pipe tape wrapped; gate valve and plug valve with 2 piece cast iron
screw type valve boxes, tracer wire, tracer wire snake pits, traffic lids; miscellaneous
tees, sleeves, bends, gaskets, bolts, nuts; approved joint restraining devices; greasing
and wrapping all exposed fittings, bolts and nuts; pipeline dewatering; concrete thrust
restraints; concrete box repair, capping or plugging of the existing water pipe(s) to be
abandoned, removal or abandonment of the existing water pipe(s), disinfection and
commissioning pipeline; adjustment of valve box lids to final grade with concrete and
painting and other miscellaneous devices, materials, or equipment required for a
complete installation of the blow off structure.
P. CONNECTION TO EXISTING PIPE (BID ITEM 16)
1. Measurement will be made by actual count per each installed (EACH).
2. Payment covers the cost of locating/potholing, excavation, demolition, labor,
backfilling, and all other items to make a connection to the existing watermain at
locations shown on the construction documents. Fittings to match existing utility’s
alignment and depth may not be shown. Cost includes any bends necessary to align the
connections.
Q. WATER PIPE, 18” DUCTILE IRON (CLASS 250) (BID ITEM 17)
1. Measurement will be made by linear foot (LF) with no reduction in length because of
valves and fittings.
2. Payment covers the cost of the size and type of pipe indicated, with installation per
Weber Basin Water Conservancy District standard detail GN-07 and surface restoration
not identified as separate pay items in the price schedule.
3. Payment covers the cost of incidental work such as joint restraint systems, fittings,
couplings, joint lubricants, nuts, bolts and washers; removal and disposal of interfering
structures and obstructions; jackhammer work; trench shoring or trench boxes as
applicable, underground plastic line markers, tracer wire; wax tape and corrosion
protection; removal and disposal of waste materials; restoration of all utilities damaged
as a result of operations; site dewatering; pipe line cleaning; water main repair or
replacement if damaged by CONTRACTOR; adjustments to grade of existing valve boxes
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 13
or traffic lids or manholes; and similar work to complete the installation of the water
line. (Refer to Section 33 05 05, Ductile Iron Pipe)
4. Payment covers the cost of all necessary equipment, labor, on-site hauling, placement,
and compaction to produce an acceptable pipe trench bedding and backfill.
R. WATER PIPE, 16” DUCTILE IRON (CLASS 250) (BID ITEM 18)
1. Measurement will be made by linear foot (LF) with no reduction in length because of
valves and fittings.
2. Payment covers the cost of the size and type of pipe indicated, with installation per
Weber Basin Water Conservancy District standard detail GN-07 and surface restoration
not identified as separate pay items in the price schedule.
3. Payment covers the cost of incidental work such as joint restraint systems, fittings,
couplings, joint lubricants, nuts, bolts and washers; removal and disposal of interfering
structures and obstructions; jackhammer work; trench shoring or trench boxes as
applicable, underground plastic line markers, tracer wire; wax tape and corrosion
protection; removal and disposal of waste materials; restoration of all utilities damaged
as a result of operations; site dewatering; pipe line cleaning; water main repair or
replacement if damaged by CONTRACTOR; adjustments to grade of existing valve boxes
or traffic lids or manholes; and similar work to complete the installation of the water
line. (Refer to Section 33 05 05, Ductile Iron Pipe)
4. Payment covers the cost of all necessary equipment, labor, on-site hauling, placement,
and compaction to produce an acceptable pipe trench bedding and backfill.
S. TANK RING DRAIN, 6” CONTECH A2000 (BID ITEM 19)
1. Measurement will be made by lineal feet with no reduction in length for fittings (LF).
2. Payment covers the cost of the size and type of pipe indicated, with installation per
Construction Plans for the tank ring drain, connections to structures, conveyance to the
outfall, and surface restoration not identified as separate pay items in the price
schedule. Payment covers the cost of incidental work including but not limited to:
geotechnical fabric, fittings, couplings, joint lubricants; removal and disposal of
interfering structures and obstructions; jackhammer work; trench shoring or trench
boxes as applicable; underground plastic line markers and tracer wire; removal and
disposal of waste materials; restoration of all utilities damaged as a result of operations;
site dewatering; adjustments to grade of valve boxes or traffic lids or manholes; and
similar work to complete the installation of the water line and attachment to the tank
ring drain.
3. Payment covers the cost of all required labor and equipment required to place and
compact pipe bedding, pipe zone backfill, and trench backfill materials. In the event
native materials are deemed unacceptable for these uses by the ENGINEER, import
materials meeting specification(s) will be utilized. The cost for import (i.e., purchase
and transport) will be paid for separately.
T. CONCRETE WATER TANK, 4.0 MG AWWA D115 (BID ITEM 20)
1. Measurement will be made by lump sum (LS).
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 13
2. Payment covers the cost of labor and materials associated with the construction of an
AWWA D115 pre-stressed concrete water storage tank. Items and tasks include install
geofabric, concrete construction of the AWWA D115, associated pipes and
penetrations, and other incidentals (hatches, air vents, ladders, sensors, etc.) required
to complete the tank as shown on the construction drawings. All tank appurtenances,
piping, piping connections are considered. (Refer to Specification 13 31 15 SP)
U. IMPORT TANK BASE MATERIAL (BID ITEM 21)
1. Measurement will be made by ton (TON) as recorded on trucking tickets.
2. Payment covers the cost of material and transportation to the Site. Paid for separately
(see bid item SITE EARTHWORK) is all necessary labor, placement, and compaction of
material to produce an acceptably thick base layer in accordance with the construction
plans underneath all indicated structural and pipe components. (Refer to APWA Section
31 23 23, Backfilling for Structures)
V. IMPORT TANK STRUCTURAL FILL (BID ITEM 22)
1. Measurement will be made by ton (TON) as recorded on trucking tickets.
2. Payment covers the cost of material and transportation to the Site. Paid for separately
(see bid item SITE EARTHWORK) is all necessary labor, placement, and compaction of
material to produce an acceptably thick base layer in accordance with the construction
plans underneath all indicated structural and pipe components. (Refer to APWA Section
31 23 23, Backfilling for Structures)
W. SITE ELECTRICAL (BID ITEM 23)
1. Measurement will be made by lump sum (LS).
2. Payment covers the purchase and installation of all electrical items and tank monitoring
sensors. (both interior and exterior to the tank and tie in of SCADA system to Weber
Basin Water Conservancy District), conduit, trenching, backfill and bedding, per Weber
Basin Water Conservancy District specifications for SCADA control.
X. SEISMIC RETROFIT FOR EXIST. 2.0 MG TANK (BID ITEM 23)
1. Measurement will be made by lump sum (LS).
2. Payment covers the cost of furnishing all necessary materials, equipment, and labor to
install flexible ball joint fittings, reinstall valves and all necessary fittings on inlet/outlet
pipes as shown on the drawings.
Y. SOLID ROCK EXCAVATION (BID ITEM 25)
1. Measurement will be made by cubic yard (CY). Measurement will be made by the
Contractor surveying (refer to 31 60 00 SP Solid Rock Excavation) the surface at the
beginning of rock excavation after all other non-solid-rock material has been removed.
After completion of rock excavation, the contractor shall provide a finished grade
survey. The difference between these two surveys shall be calculated by the Engineer
for payment.
2. Payment covers the cost to include all labor, survey, equipment, materials and related
work, including, but not limited to, ripping, sawing, boring, hammering, blasting, rock
trenching, excavating, removing, hauling and disposal, if required, of the existing
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10 of 13
bedrock deemed qualified by the Engineer for payment of completed rock excavation.
(Refer to 31 60 00 SP, Solid Rock Excavation )

ARTICLE 4—TIME OF COMPLETION
4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before the
dates or within the number of calendar days indicated in the Agreement.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder’s Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that
may affect cost, progress, and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 11 of 13
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Bidder has considered 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 Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress,
and performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder’s (Contractor’s) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,
Bidder 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.
8. 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.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder’s Certifications
A. The Bidder certifies the following:
1. 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.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a
false or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. 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.
b. 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
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 12 of 13
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition.
c. 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.
d. 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.

EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 13 of 13
BIDDER hereby submits this Bid as set forth above:
Bidder:

(typed or printed name of organization)
By:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:
(individual’s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
Address for giving notices:

Bidder’s Contact:
Name:
(typed or printed)
Title:
(typed or printed)
Phone:
Email:
Address:

Bidder’s Contractor License No.: (if applicable)

EJCDC® C-430, Bid Bond (Penal Sum Form).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 2
BID BOND (PENAL SUM FORM)
Bidder Surety
Name:Name:
Address (principal place of business):Address (principal place of business):
Owner Bid
Name:Weber Basin Water Conservancy
District Project (name and location):
Address (principal place of business):Little Mountain 4.0 MG Tank Replacement
2837 East Highway 193
Layton, UT 84040
Bid Due Date:
Bond
Penal Sum:
Date of Bond:
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond,
do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
Bidder Surety
(Full formal name of Bidder)(Full formal name of Surety)(corporate seal)
By:By:
(Signature)(Signature) (Attach Power of Attorney)
Name:Name:
(Printed or typed)(Printed or typed)
Title:Title:
Attest:Attest:
(Signature)(Signature)
Name:Name:
(Printed or typed)(Printed or typed)
Title:Title:
Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as
joint venturers, if necessary.
EJCDC® C-430, Bid Bond (Penal Sum Form).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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 will be Owner’s sole and exclusive remedy upon default of Bidder.
2.Default of Bidder occurs 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 will 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 does not in the aggregate exceed 120 days from the Bid due date without Surety’s
written consent.
6.No suit or action will 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 will be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8.Notices required hereunder must 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 Postal Service registered or certified mail, return receipt requested, postage pre-paid, and
will 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 will 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 governs and the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11.The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
C-440, Proposed Subcontractors and Major Material Suppliers
Page 1 of 1
Proposed Subcontractors and Major Material Suppliers
Bidder shall submit a list of subcontractors and major materials suppliers that will be used in the Work if
the Bidder is awarded the Contract. Also list estimated dollar amount of each subcontractor or supplier
cost.
Bidder agrees to use the listed subcontractors to perform the Work. The Bidder shall not change
subcontractors from those listed unless approved in writing by the Owner. Subcontractors are required
to be licensed in the State of Utah.
Work or Materials
Description
Subcontractor or Supplier
Name Business Address Cost or $ Amount
EJCDC® C-510, Notice of Award.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
NOTICE OF AWARD
Date of Issuance:
Owner:Weber Basin Water Conservancy District Owner’s Project No.: 20018
Engineer:Sunrise Engineering Engineer’s Project 08395
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name:Little Mountain 4.0 MG Tank Replacement
Bidder:
Bidder’s Address:
You are notified that Owner has accepted your Bid dated for the above Contract,
and that you are the Successful Bidder and are awarded a Contract for:
Little Mountain 4.0 MG Tank Replacement
The Contract Price of the awarded Contract is $. Contract Price is
subject to adjustment based on the provisions of the Contract, including but not limited to those
governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable.
1 unexecuted counterpart of the Agreement accompany this Notice of Award, and one copy of the
Contract Documents accompanies this Notice of Award, or has been transmitted or made available to
Bidder electronically.
☒ Drawings will be delivered separately from the other Contract Documents.
You must comply with the following conditions precedent within 15 days of the date of receipt of this
Notice of Award:
1.Deliver to Owner 1 counterparts of the Agreement, signed by Bidder (as Contractor).
2.Deliver with the signed Agreement(s) the Contract security (such as required performance and
payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in
the General Conditions, Articles 2 and 6.
3.Other conditions precedent (if any):
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within 10 days after you comply with the above conditions, Owner will return to you one fully signed
counterpart of the Agreement, together with any additional copies of the Contract Documents as
indicated in Paragraph 2.02 of the General Conditions.
Owner:Weber Basin Water Conservancy District
By (signature):
Name (printed):
Title:
Copy: Engineer
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 8
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between Weber Basin Water Conservancy District (“Owner”) and
(“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby 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:
Demolition of the existing 1.0 MG welded steel tank, construction of new 4.0 MG AWWA D115
pre-stressed concrete tank and appurtenances, site piping & connection to existing water
watermain, retention pond expansion & site restoration.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows:Little Mountain 4.0 MG Tank Replacement.
ARTICLE 3—ENGINEER
3.01 The Owner has retained Sunrise Engineering, Inc. (“Engineer”) to act as Owner’s representative,
assume all duties and responsibilities of Engineer, and have the rights and authority assigned to
Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by the Engineer.
ARTICLE 4—CONTRACT TIMES
4.01 Time is 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.
4.02 Contract Times: Dates
A. The Work will be substantially complete on or before [date], and completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before
[date].
4.03 Contract Times: Days
A. The Work will be substantially complete within 540 days after the date when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions within 660 days after the date when the Contract Times commence to run.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 8
4.04 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 Contract Times, as duly modified. 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 a penalty):
1.Substantial Completion: Contractor shall pay Owner $1,500 for each day that expires after
the time (as duly adjusted pursuant to the Contract) specified above for Substantial
Completion, until the Work is substantially complete.
2.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Times (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.
3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and
final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages, whether actual, direct, excess, or
consequential, for such delay, except for special damages (if any) specified in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents, the amounts that follow, subject to adjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item).
BASE BID
Item
No.
Description Unit Estimated
Quantity
Bid Unit Price Bid Amount
1 Mobilization 1 LS $$
2 Quality Control & Testing 1 LS $$
3 Subsurface Investigation 20 HRS $$
4 SWPP Plan 1 LS $$
5 Demolish Exist. 1.0 MG Steel
Tank
1 LS $$
6 Clearing & Grubbing 1 LS $$
7 Site Earthwork 1 LS $$
8 Tank Site Re-Seeding &
Erosion Control
3 AC $$
9 Import Pipe Bedding/Pipe
Zone Backfill (Sand)
528 LF $$
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 8
10 Import Trench Backfill (3”
Minus)
528 LF $$
11 Concrete Pipe Headwall 1 LS $$
12 48” Dia. Manhole 1 EA $$
13 Drain Gravel 265 TONS $$
14 Butterfly Valve, 18”1 EA $$
15 Blow Off Structure 1 LS $$
16 Connection to Existing System 1 EA $$
17 Water Pipe, 18” Ductile Iron
(Class 250)
435 LF $$
18 Water Pipe, 16” Ductile Iron
(Class 250)
28 LF $$
19 Tank Ring Drain, 6” Contech
A2000
612 LF $$
20 Concrete Water Tank, 4.0 MG,
AWWA D115
1 LS $$
21 Import Tank Base Material 1,700 TONS $$
22 Import Tank Structural
Material
1,500 TONS $$
23 Site Electrical 1 LS $$
24 Seismic Retrofit for Exist. 2.0
MH Tank
1 LS $$
25 Solid Rock Excavation 12,000 CY $$
Total of all Extended Prices for Unit Price Work (subject to final adjustment
based on actual quantities)
$
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
B. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)
$.
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 the basis of Contractor’s Applications for Payment
on or about the 5th day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract. All such payments
will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 8
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a.Ninety-five percent (95%)of the value of the Work completed (with the balance
being retainage).
1)If 50 percent or more of the Work has been completed, as determined by
Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer, then as long as the character and progress of the Work
remain satisfactory to Owner and Engineer, there will be no additional retainage;
and
b.Eighty percent (80%) of cost of materials and equipment not incorporated in the
Work (with the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch
list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate earned in a standard savings
account.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 8
6. Drawings (not attached but incorporated by reference) consisting of 38 sheets with each
sheet bearing the following general title:Little Mountain 4.0 MG Tank.
7. Addenda (numbers [number] to [number], inclusive).
8. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.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 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. 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 Technical
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 8
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor’s safety
precautions and programs.
7. 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.
8. 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.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. 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.
8.02 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 8.02:
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 or in the Contract
execution;
2. “fraudulent practice” means an 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.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published
by the Engineers Joint Contract Documents Committee, and if Owner is the party that has
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 8
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 8
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of
the Contract).
Owner:Contractor:
Weber Basin Water Conservancy District (typed or printed name of organization)
By:By:
(individual’s signature)(individual’s signature)
Date:Date:
(date signed)(date signed)
Name:Name:
(typed or printed)(typed or printed)
Title:Title:
(typed or printed)(typed or printed)
(If [Type of Entity] is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)
Attest:Attest:
(individual’s signature)(individual’s signature)
Title:Title:
(typed or printed)(typed or printed)
Address for giving notices:Address for giving notices:
2837 East Highway 183
Layton, UT 84040
Designated Representative:Designated Representative:
Name:Name:
(typed or printed)(typed or printed)
Title:Title:
(typed or printed)(typed or printed)
Address:Address:
Phone:Phone:
Email:Email:
(If [Type of Entity] is a corporation, attach evidence of
authority to sign. If [Type of Entity] is a public body,
attach evidence of authority to sign and resolution or
other documents authorizing execution of this
Agreement.)
License No.:
(where applicable)
State:
EJCDC® C-550, Notice to Proceed.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
NOTICE TO PROCEED
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.: 08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
Effective Date of Contract:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to
run on [date Contract Times are to start] pursuant to Paragraph 4.01 of the General Conditions.
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work
will be done at the Site prior to such date.
In accordance with the Agreement:
The number of days to achieve Substantial Completion is [number of days, from Agreement] from
the date stated above for the commencement of the Contract Times, resulting in a date for Substantial
Completion of [date, calculated from commencement date above]; and the number of days to
achieve readiness for final payment is [number of days, from Agreement] from the commencement
date of the Contract Times, resulting in a date for readiness for final payment of [date, calculated
from commencement date above].
Before starting any Work at the Site, Contractor must comply with the following:
Complete all items required in Specification Section 01 71 00 - Mobilization
Owner:Weber Basin Water Conservancy District
By (signature):
Name (printed):
Title:
Date Issued:
Copy: Engineer
EJCDC® C-610, Performance Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 4
PERFORMANCE BOND
Contractor Surety
Name:Name:
Address (principal place of business):Address (principal place of business):
Owner Contract
Name:Weber Basin Water Conservancy
District Description (name and location):
Mailing address (principal place of business):Little Mountain 4.0 MG Tank Replacement
2837 East Highway 193, Layton, UT
Contract Price:
Effective Date of Contract:
Bond
Bond Amount:
Date of Bond:
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
☒ None ☐ See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this
Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer,
agent, or representative.
Contractor as Principal Surety
(Full formal name of Contractor)(Full formal name of Surety)(corporate seal)
By:By:
(Signature)(Signature)(Attach Power of Attorney)
Name:Name:
(Printed or typed)(Printed or typed)
Title:Title:
Attest:Attest:
(Signature)(Signature)
Name:Name:
(Printed or typed)(Printed or typed)
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 is considered plural where applicable.
EJCDC® C-610, Performance Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 4
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
will 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 may 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 will 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 does 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 does 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:
EJCDC® C-610, Performance Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 4
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 will not be greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety will 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 will not be reduced or
set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any
person or entity other than 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 must be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and must 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 will be
applicable.
12.Notice to the Surety, the Owner, or the Contractor must 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 will be deemed deleted therefrom and provisions conforming to such
EJCDC® C-610, Performance Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 4
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will 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 will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
16.Modifications to this Bond are as follows:None
EJCDC® C-615, Payment Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 4
PAYMENT BOND
Contractor Surety
Name:Name:
Address (principal place of business):Address (principal place of business):
Owner Contract
Name:
Weber Basin Water Conservancy
District Description (name and location):
Mailing address (principal place of business):Little Mountain 4.0 MG Tank Replacement
2837 East Highway 193, Layton, UT
Contract Price:
Effective Date of Contract:
Bond
Bond Amount:
Date of Bond:
(Date of Bond cannot be earlier than Effective Date of Contract)
Modifications to this Bond form:
☒ None ☐ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this
Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or
representative.
Contractor as Principal Surety
(Full formal name of Contractor)(Full formal name of Surety)(corporate seal)
By:By:
(Signature)(Signature)(Attach Power of Attorney)
Name:Name:
(Printed or typed)(Printed or typed)
Title:Title:
Attest:Attest:
(Signature)(Signature)
Name:Name:
(Printed or typed)(Printed or typed)
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 is considered plural where applicable.
EJCDC® C-615, Payment Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 4
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 will 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 will 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 will 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.
EJCDC® C-615, Payment Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 4
8.The Surety’s total obligation will 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 will 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 will 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
satisfying 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.
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 will 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 will
be applicable.
13.Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the
address shown on the page on which their signature appears. Actual receipt of notice or Claims,
however accomplished, will 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 will be deemed deleted here from and provisions conforming to such
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the
intent is that this Bond will 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:
16.1.1.The name of the Claimant;
16.1.2.The name of the person for whom the labor was done, or materials or equipment
furnished;
16.1.3.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;
16.1.4.A brief description of the labor, materials, or equipment furnished;
EJCDC® C-615, Payment Bond.
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and American Society of Civil Engineers. All rights reserved.
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16.1.5.The date on which the Claimant last performed labor or last furnished materials or
equipment for use in the performance of the Construction Contract;
16.1.6.The total amount earned by the Claimant for labor, materials, or equipment furnished
as of the date of the Claim;
16.1.7.The total amount of previous payments received by the Claimant; and
16.1.8.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 is 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 will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
18.Modifications to this Bond are as follows:None
From
1.
2.
3.
4.
5.
a. X
b. X
c.
6.
7.
8.
9.
-$
-$
-$
08395
Current Contract Price (Line 1 + Line 2)
Contractor:
-$
Net change by Change Orders
Little Mountain 4.0 MG Tank Replacement
to
Original Contract Price
$ -
-$
$ -
Total Work completed and materials stored to date
(Sum of Column G Lump Sum Total and Column J Unit Price Total)
Retainage
Work Completed
Stored Materials
Total Retainage (Line 5.a + Line 5.b)
Amount eligible to date (Line 4 - Line 5.c)
Less previous payments (Line 6 from prior application)
Amount due this application
-$
-$
-$
-$
Application Date:
Approved by Funding Agency
By:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
By:
Title:
-$
Date:
Signature: Date:
Contractor's Certification
Balance to finish, including retainage (Line 3 - Line 4)
Approved by Owner
The undersigned Contractor certifies, to the best of its knowledge, the following:
(1) All previous progress payments received from Owner on account of Work done under the Contract have been
applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by
prior Applications for Payment;
(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this
Application for Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and
encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such
liens, security interest, or encumbrances); and
(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not
defective.
Recommended by Engineer
Contractor's Application for Payment
Application No.:
Weber Basin Water Conservancy District
Sunrise Engineering
Little Mountain 4.0 MG Tank Replacement
Owner's Project No.:
Engineer's Project No.:
Contractor's Project No.:
Application Period:
Contract:
Owner:
Contractor:
Engineer:
Project:
20018
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.
Owner:20018
Engineer:08395
Contractor:
Project:
Contract:
Application No.: From to
A C D E F G H I
(D + E) From
Previous
Application
($)
This Period
($)
- - -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
-$ -$ -$ -$ -$ -$ Original Contract Totals
Work Completed
Item No. Description Scheduled Value ($)
Application Period: Application Date:
Progress Estimate - Lump Sum Work Contractor's Application for Payment
Weber Basin Water Conservancy District Owner's Project No.:
B
Original Contract
% of Scheduled
Value (G / C)
(%)
Balance to Finish (C -
G)
($)
Materials Currently
Stored (not in D or
E)
($)
Work Completed
and Materials
Stored to Date
(D + E + F)
($)
Sunrise Engineering
Little Mountain 4.0 MG Tank Replacement
Little Mountain 4.0 MG Tank Replacement
Engineer's Project No.:
Contractor's Project No.:
Lump Sum
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.1 of 2
Owner:20018
Engineer:08395
Contractor:
Project:
Contract:
Application No.: From to
A C D E F G H I
(D + E) From
Previous
Application
($)
This Period
($)
Work Completed
Item No. Description Scheduled Value ($)
Application Period: Application Date:
Progress Estimate - Lump Sum Work Contractor's Application for Payment
Weber Basin Water Conservancy District Owner's Project No.:
B
% of Scheduled
Value (G / C)
(%)
Balance to Finish (C -
G)
($)
Materials Currently
Stored (not in D or
E)
($)
Work Completed
and Materials
Stored to Date
(D + E + F)
($)
Sunrise Engineering
Little Mountain 4.0 MG Tank Replacement
Little Mountain 4.0 MG Tank Replacement
Engineer's Project No.:
Contractor's Project No.:
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
-$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$
Change Order Totals
Project Totals
Original Contract and Change Orders
Change Orders
Lump Sum
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.2 of 2
Owner:20018
Engineer:08395
Contractor:
Project:
Contract:
Application No.: Application Period: From to
A B C D E F G H I J K L M
Previous Amount
Stored
($)
Amount Stored this
Period
($)
Amount Stored to
Date (G+H)
($)
Amount Previously
Incorporated in the
Work
($)
Amount
Incorporated in the
Work this Period
($)
Total Amount
Incorporated in the
Work
(J+K)
($)
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
-$ -$ -$ -$ -$ -$ -$
Stored Materials Summary
Totals
Storage Location
Description of Materials or
Equipment Stored
Submittal No.
(with
Specification
Section No.)
Supplier
Invoice No.
Item No.
(Lump Sum Tab)
or Bid Item No.
(Unit Price Tab)
Application Date:
Contractor's Application for Payment
Materials Stored Incorporated in Work
Little Mountain 4.0 MG Tank Replacement
Materials
Remaining in
Storage
(I-L)
($)
Application
No. When
Materials
Placed in
Storage
Little Mountain 4.0 MG Tank Replacement
Weber Basin Water Conservancy District
Sunrise Engineering
Owner's Project No.:
Engineer's Project No.:
Contractor's Project No.:
Stored Materials
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.1 of 1
20018
08395
From to
A C D E F G H I J K L
Item Quantity Units
Unit Price
($)
Value of Bid Item
(C X E)
($)
Estimated
Quantity
Incorporated in
the Work
Value of Work
Completed to Date
(E X G)
($)
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
-$ -$ -$ -$ -$ Original Contract Totals
B
Original Contract
% of
Value of
Item
(J / F)
(%)
Balance to Finish (F -
J)
($)Description
Work Completed
Materials Currently
Stored (not in G)
($)
Work Completed
and Materials
Stored to Date
(H + I)
($)
Contract Information
Bid Item
No.
Engineer:
Contractor:
Project:
Contract:
Application Date:Application Period:Application No.:
Contractor's Application for PaymentProgress Estimate - Unit Price Work
Owner's Project No.:
Engineer's Project No.:
Contractor's Project No.:
Weber Basin Water Conservancy District
Sunrise Engineering
Little Mountain 4.0 MG Tank Replacement
Little Mountain 4.0 MG Tank Replacement
Owner:
Unit Price
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.1 of 2
20018
08395
From to
A C D E F G H I J K L
Item Quantity Units
Unit Price
($)
Value of Bid Item
(C X E)
($)
Estimated
Quantity
Incorporated in
the Work
Value of Work
Completed to Date
(E X G)
($)
B
% of
Value of
Item
(J / F)
(%)
Balance to Finish (F -
J)
($)Description
Work Completed
Materials Currently
Stored (not in G)
($)
Work Completed
and Materials
Stored to Date
(H + I)
($)
Contract Information
Bid Item
No.
Engineer:
Contractor:
Project:
Contract:
Application Date:Application Period:Application No.:
Contractor's Application for PaymentProgress Estimate - Unit Price Work
Owner's Project No.:
Engineer's Project No.:
Contractor's Project No.:
Weber Basin Water Conservancy District
Sunrise Engineering
Little Mountain 4.0 MG Tank Replacement
Little Mountain 4.0 MG Tank Replacement
Owner:
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
Change Order Totals
Original Contract and Change Orders
Change Orders
Project Totals
Unit Price
EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.2 of 2
EJCDC® C-625, Certificate of Substantial Completion.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.: 08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
This ☐ Preliminary ☐ Final Certificate of Substantial Completion applies to:
☐ All Work ☐ The following specified portions of the Work:
[Describe the portion of the work for which Certificate of Substantial Completion is issued]
Date of Substantial Completion:[Enter date, as determined by Engineer]
The Work to which this Certificate applies has been inspected by authorized representatives of Owner,
Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of
the Work or portion thereof designated above is hereby established, subject to the provisions of the
Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate
of Substantial Completion marks the commencement of the contractual correction period and
applicable warranties required by the Contract.
A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-
inclusive, and the failure to include any items on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual
agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat,
utilities, insurance, and warranties upon Owner's use or occupancy of the Work must be as provided in
the Contract, except as amended as follows:
Amendments to Owner’s Responsibilities:☐ None ☐ As follows:
[List amendments to Owner’s Responsibilities]
Amendments to Contractor’s Responsibilities:☐ None ☐ As follows:
[List amendments to Contractor’s Responsibilities]
The following documents are attached to and made a part of this Certificate:
[List attachments such as punch list; other documents]
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the
Contract Documents.
Engineer
By (signature):
Name (printed):
Title:
EJCDC® C-626, Notice of Acceptability of Work.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
NOTICE OF ACCEPTABILITY OF WORK
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.:08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
Notice Date:Effective Date of the Construction Contract:
The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment
to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract
is acceptable, expressly subject to the provisions of the Construction Contract’s Contract Documents
(“Contract Documents”) and of the Agreement between Owner and Engineer for Professional Services
dated [date of professional services agreement](“Owner-Engineer Agreement”). This Notice of
Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which
all who receive and rely on said Notice agree:
1.This Notice has been prepared with the skill and care ordinarily used by members of the
engineering profession practicing under similar conditions at the same time and in the same
locality.
2.This Notice reflects and is an expression of the Engineer’s professional opinion.
3.This Notice has been prepared to the best of Engineer’s knowledge, information, and belief as of
the Notice Date.
4.This Notice is based entirely on and expressly limited by the scope of services Engineer has been
employed by Owner to perform or furnish during construction of the Project (including
observation of the Contractor’s Work) under the Owner-Engineer Agreement, and applies only to
facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer
as a result of carrying out the responsibilities specifically assigned to Engineer under such
Owner-Engineer Agreement.
5.This Notice is not a guarantee or warranty of Contractor’s performance under the Construction
Contract, an acceptance of Work that is not in accordance with the Contract Documents, including
but not limited to defective Work discovered after final inspection, nor an assumption of
responsibility for any failure of Contractor to furnish and perform the Work thereunder in
accordance with the Contract Documents, or to otherwise comply with the Contract Documents
or the terms of any special guarantees specified therein.
6.This Notice does not relieve Contractor of any surviving obligations under the Construction
Contract, and is subject to Owner’s reservations of rights with respect to completion and final
payment.
Engineer
By (signature):
Name (printed):
Title:
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 5
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 ............................................................................................................................. 6
Article 2—Preliminary Matters ................................................................................................................ 7
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ....................................... 7
2.02 Copies of Documents ............................................................................................................... 7
2.03 Before Starting Construction .................................................................................................... 7
2.04 Preconstruction Conference; Designation of Authorized Representatives ................................. 8
2.05 Acceptance of Schedules .......................................................................................................... 8
2.06 Electronic Transmittals ............................................................................................................. 8
Article 3—Contract Documents: Intent, Requirements, Reuse ................................................................. 9
3.01 Intent ....................................................................................................................................... 9
3.02 Reference Standards ................................................................................................................ 9
3.03 Reporting and Resolving Discrepancies................................................................................... 10
3.04 Requirements of the Contract Documents.............................................................................. 10
3.05 Reuse of Documents .............................................................................................................. 11
Article 4—Commencement and Progress of the Work ........................................................................... 11
4.01 Commencement of Contract Times; Notice to Proceed .......................................................... 11
4.02 Starting the Work ................................................................................................................... 11
4.03 Reference Points .................................................................................................................... 11
4.04 Progress Schedule .................................................................................................................. 12
4.05 Delays in Contractor’s Progress .............................................................................................. 12
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13
5.01 Availability of Lands ............................................................................................................... 13
5.02 Use of Site and Other Areas ................................................................................................... 14
5.03 Subsurface and Physical Conditions ........................................................................................ 15
5.04 Differing Subsurface or Physical Conditions ............................................................................ 16
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 2 of 5
5.05 Underground Facilities ........................................................................................................... 17
5.06 Hazardous Environmental Conditions at Site .......................................................................... 19
Article 6—Bonds and Insurance ............................................................................................................. 21
6.01 Performance, Payment, and Other Bonds............................................................................... 21
6.02 Insurance—General Provisions ............................................................................................... 22
6.03 Contractor’s Insurance ........................................................................................................... 24
6.04 Builder’s Risk and Other Property Insurance ........................................................................... 25
6.05 Property Losses; Subrogation ................................................................................................. 25
6.06 Receipt and Application of Property Insurance Proceeds ........................................................ 27
Article 7—Contractor’s Responsibilities ................................................................................................. 27
7.01 Contractor’s Means and Methods of Construction ................................................................. 27
7.02 Supervision and Superintendence .......................................................................................... 27
7.03 Labor; Working Hours ............................................................................................................ 27
7.04 Services, Materials, and Equipment ........................................................................................ 28
7.05 “Or Equals” ............................................................................................................................ 28
7.06 Substitutes ............................................................................................................................. 29
7.07 Concerning Subcontractors and Suppliers .............................................................................. 31
7.08 Patent Fees and Royalties ...................................................................................................... 32
7.09 Permits .................................................................................................................................. 33
7.10 Taxes...................................................................................................................................... 33
7.11 Laws and Regulations ............................................................................................................. 33
7.12 Record Documents ................................................................................................................. 33
7.13 Safety and Protection ............................................................................................................. 34
7.14 Hazard Communication Programs .......................................................................................... 35
7.15 Emergencies........................................................................................................................... 35
7.16 Submittals .............................................................................................................................. 35
7.17 Contractor’s General Warranty and Guarantee ...................................................................... 38
7.18 Indemnification ...................................................................................................................... 39
7.19 Delegation of Professional Design Services ............................................................................. 39
Article 8—Other Work at the Site .......................................................................................................... 40
8.01 Other Work ............................................................................................................................ 40
8.02 Coordination .......................................................................................................................... 41
8.03 Legal Relationships ................................................................................................................. 41
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 3 of 5
Article 9—Owner’s Responsibilities ....................................................................................................... 42
9.01 Communications to Contractor .............................................................................................. 42
9.02 Replacement of Engineer ....................................................................................................... 42
9.03 Furnish Data ........................................................................................................................... 42
9.04 Pay When Due ....................................................................................................................... 42
9.05 Lands and Easements; Reports, Tests, and Drawings .............................................................. 43
9.06 Insurance ............................................................................................................................... 43
9.07 Change Orders ....................................................................................................................... 43
9.08 Inspections, Tests, and Approvals ........................................................................................... 43
9.09 Limitations on Owner’s Responsibilities.................................................................................. 43
9.10 Undisclosed Hazardous Environmental Condition ................................................................... 43
9.11 Evidence of Financial Arrangements ....................................................................................... 43
9.12 Safety Programs ..................................................................................................................... 43
Article 10—Engineer’s Status During Construction................................................................................. 44
10.01 Owner’s Representative ..................................................................................................... 44
10.02 Visits to Site ....................................................................................................................... 44
10.03 Resident Project Representative ......................................................................................... 44
10.04 Engineer’s Authority ........................................................................................................... 44
10.05 Determinations for Unit Price Work.................................................................................... 45
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work .................. 45
10.07 Limitations on Engineer’s Authority and Responsibilities .................................................... 45
10.08 Compliance with Safety Program ........................................................................................ 45
Article 11—Changes to the Contract ...................................................................................................... 46
11.01 Amending and Supplementing the Contract ....................................................................... 46
11.02 Change Orders ................................................................................................................... 46
11.03 Work Change Directives ..................................................................................................... 46
11.04 Field Orders ........................................................................................................................ 47
11.05 Owner-Authorized Changes in the Work ............................................................................. 47
11.06 Unauthorized Changes in the Work .................................................................................... 47
11.07 Change of Contract Price .................................................................................................... 47
11.08 Change of Contract Times................................................................................................... 49
11.09 Change Proposals ............................................................................................................... 49
11.10 Notification to Surety ......................................................................................................... 50
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 4 of 5
Article 12—Claims ................................................................................................................................. 50
12.01 Claims ................................................................................................................................ 50
Article 13—Cost of the Work; Allowances; Unit Price Work ................................................................... 51
13.01 Cost of the Work ................................................................................................................ 51
13.02 Allowances ......................................................................................................................... 55
13.03 Unit Price Work .................................................................................................................. 55
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work ................... 56
14.01 Access to Work ................................................................................................................... 56
14.02 Tests, Inspections, and Approvals ....................................................................................... 56
14.03 Defective Work .................................................................................................................. 57
14.04 Acceptance of Defective Work............................................................................................ 58
14.05 Uncovering Work ............................................................................................................... 58
14.06 Owner May Stop the Work ................................................................................................. 58
14.07 Owner May Correct Defective Work ................................................................................... 59
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ....................................... 59
15.01 Progress Payments ............................................................................................................. 59
15.02 Contractor’s Warranty of Title ............................................................................................ 62
15.03 Substantial Completion ...................................................................................................... 62
15.04 Partial Use or Occupancy .................................................................................................... 63
15.05 Final Inspection .................................................................................................................. 64
15.06 Final Payment .................................................................................................................... 64
15.07 Waiver of Claims ................................................................................................................ 65
15.08 Correction Period ............................................................................................................... 66
Article 16—Suspension of Work and Termination .................................................................................. 67
16.01 Owner May Suspend Work ................................................................................................. 67
16.02 Owner May Terminate for Cause ........................................................................................ 67
16.03 Owner May Terminate for Convenience ............................................................................. 68
16.04 Contractor May Stop Work or Terminate ............................................................................ 68
Article 17—Final Resolution of Disputes ................................................................................................ 69
17.01 Methods and Procedures ................................................................................................... 69
Article 18—Miscellaneous ..................................................................................................................... 69
18.01 Giving Notice ...................................................................................................................... 69
18.02 Computation of Times ........................................................................................................ 69
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 5 of 5
18.03 Cumulative Remedies ......................................................................................................... 70
18.04 Limitation of Damages ........................................................................................................ 70
18.05 No Waiver .......................................................................................................................... 70
18.06 Survival of Obligations ........................................................................................................ 70
18.07 Controlling Law .................................................................................................................. 70
18.08 Assignment of Contract ...................................................................................................... 70
18.09 Successors and Assigns ....................................................................................................... 70
18.10 Headings ............................................................................................................................ 70
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 70
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
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 document prepared by Contractor, in a form acceptable to
Engineer, to request 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; 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; contesting an initial decision by Engineer concerning the
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 70
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.
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 has declined to address.
c. A demand or assertion by Owner or Contractor, duly submitted in compliance with
the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4,
concerning disputes arising after Engineer has issued a recommendation of final
payment.
d. 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), lead-based paint (as defined by the HUD/EPA standard), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations
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 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.Electronic Document—Any Project-related correspondence, attachments to
correspondence, data, documents, drawings, information, or graphics, including but not
limited to Shop Drawings and other Submittals, that are in an electronic or digital format.
21.Electronic Means—Electronic mail (email), upload/download from a secure Project
website, or other communications methods that allow: (a) the transmission or
communication of Electronic Documents; (b) the documentation of transmissions,
including sending and receipt; (c) printing of the transmitted Electronic Document by the
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 70
recipient; (d) the storage and archiving of the Electronic Document by sender and
recipient; and (e) the use by recipient of the Electronic Document for purposes permitted
by this Contract. Electronic Means does not include the use of text messaging, or of
Facebook, Twitter, Instagram, or similar social media services for transmission of
Electronic Documents.
22.Engineer—The individual or entity named as such in the Agreement.
23.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.
24.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.
a. The presence at the Site of materials that are necessary for the execution of the Work,
or that are to be incorporated into the Work, and that are controlled and contained
pursuant to industry practices, Laws and Regulations, and the requirements of the
Contract, is not a Hazardous Environmental Condition.
b. The presence of Constituents of Concern that are to be removed or remediated as
part of the Work is not a Hazardous Environmental Condition.
c. The presence of Constituents of Concern as part of the routine, anticipated, and
obvious working conditions at the Site, is not a Hazardous Environmental Condition.
25.Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and
all governmental bodies, agencies, authorities, and courts having jurisdiction.
26.Liens—Charges, security interests, or encumbrances upon Contract-related funds, real
property, or personal property.
27.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.
28.Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the
Bid.
29.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.
30.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.
31.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising Contractor’s plan to accomplish the
Work within the Contract Times.
32.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.
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33.Resident Project Representative—The authorized representative of Engineer assigned to
assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR)
includes any assistants or field staff of Resident Project Representative.
34.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.
35.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements for Engineer’s review of the submittals.
36.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.
37.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.
38.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 or areas furnished by Owner which are designated for the use of
Contractor.
39.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.
40.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.
41.Submittal—A written or graphic document, prepared by or for Contractor, which the
Contract Documents require Contractor to submit to Engineer, or that is indicated as a
Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include
Shop Drawings and Samples; schedules; product data; Owner-delegated designs;
sustainable design information; information on special procedures; testing plans; results
of tests and evaluations, source quality-control testing and inspections, and field or Site
quality-control testing and inspections; warranties and certifications; Suppliers’
instructions and reports; records of delivery of spare parts and tools; operations and
maintenance data; Project photographic documentation; record documents; and other
such documents required by the Contract Documents. Submittals, whether or not
approved or accepted by Engineer, are not Contract Documents. Change Proposals,
Change Orders, Claims, notices, Applications for Payment, and requests for interpretation
or clarification are not Submittals.
42.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 of such Work.
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43.Successful Bidder—The Bidder to which the Owner makes an award of contract.
44.Supplementary Conditions—The part of the Contract that amends or supplements these
General Conditions.
45.Supplier—A manufacturer, fabricator, supplier, distributor, 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.
46.Technical Data
a. Those items expressly identified as Technical Data in the Supplementary Conditions,
with respect to either (1) existing subsurface conditions at or adjacent to the Site, or
existing physical conditions at or adjacent to the Site including existing surface or
subsurface structures (except Underground Facilities) or (2) Hazardous
Environmental Conditions at the Site.
b. If no such express identifications of Technical Data have been made with respect to
conditions at the Site, then Technical Data is defined, with respect to conditions at
the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs,
recorded measurements of subsurface water levels, assessments of the condition of
subsurface facilities, laboratory test results, and other factual, objective information
regarding conditions at the Site that are set forth in any geotechnical, environmental,
or other Site or facilities conditions report prepared for the Project and made
available to Contractor.
c. Information and data regarding the presence or location of Underground Facilities
are not intended to be categorized, identified, or defined as Technical Data, and
instead Underground Facilities are shown or indicated on the Drawings.
47.Underground Facilities—All active or not-in-service underground lines, pipelines,
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other
such facilities or systems at the Site, including but not limited to those facilities or systems
that produce, transmit, distribute, or convey telephone or other communications, cable
television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil
products, liquid petroleum products, water, steam, waste, wastewater, storm water,
other liquids or chemicals, or traffic or other control systems. An abandoned facility or
system is not an Underground Facility.
48.Unit Price Work—Work to be paid for on the basis of unit prices.
49.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.
50.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.
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1.02 Terminology
A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that
require initial capital letters, but, when used in the Bidding Requirements or Contract
Documents, have the indicated meaning.
B.Intent of Certain Terms or Adjectives: 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: The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.
D.Defective: The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
1. does not conform to the Contract Documents;
2. does not meet the requirements of any applicable inspection, reference standard, test,
or approval referred to in the Contract Documents; or
3. 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 Paragraph 15.04).
E.Furnish, Install, Perform, Provide
1. The word “furnish,” when used in connection with services, materials, or equipment,
means 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,
means to put into use or place in final position said services, materials, or equipment
complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services, materials, or
equipment, means 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.
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F.Contract Price or Contract Times: References to a change in “Contract Price or Contract Times”
or “Contract Times or Contract Price” or similar, indicate that such change applies to
(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as
warranted, even if the term “or both” is not expressed.
G. 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 Performance and Payment Bonds; Evidence of Insurance
A.Performance and Payment Bonds: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner the performance bond and
payment bond (if the Contract requires Contractor to furnish such bonds).
B.Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional
insured (as identified in the Contract), the certificates, endorsements, and other evidence of
insurance required to be provided by Contractor in accordance with Article 6, except to the
extent the Supplementary Conditions expressly establish other dates for delivery of specific
insurance policies.
C.Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and
all required bonds and insurance documentation, Owner shall promptly deliver to Contractor,
with copies to each additional insured (as identified in the Contract), 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
signed 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
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
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
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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 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 the schedules
submitted in accordance with Paragraph 2.03.A. No progress payment will 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.
4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and
resubmit the schedule.
2.06 Electronic Transmittals
A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor
may send, and shall accept, Electronic Documents transmitted by Electronic Means.
B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and
Contractor shall jointly develop such protocols.
C. Subject to any governing protocols for Electronic Means, when transmitting Electronic
Documents by Electronic Means, the transmitting party makes no representations as to long-
term compatibility, usability, or readability of the Electronic Documents resulting from the
recipient’s use of software application packages, operating systems, or computer hardware
differing from those used in the drafting or transmittal of the Electronic Documents.
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ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one Contract Document 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 versions of the Contract Documents (including any printed copies derived from
such electronic versions) and the printed record version, the printed record version will
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.
F. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation will be deemed stricken, and all remaining provisions will continue to be
valid and binding upon Owner and Contractor, which agree that the Contract Documents will
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.
G. Nothing in the Contract Documents creates:
1. any contractual relationship between Owner or Engineer and any Subcontractor,
Supplier, or other individual or entity performing or furnishing any of the Work, for the
benefit of such Subcontractor, Supplier, or other individual or entity; or
2. 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.
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, means 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, and
no instruction of a Supplier, will be effective to change the duties or responsibilities of
Owner, Contractor, or Engineer 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 or Engineer any duty or authority to supervise or direct the
performance of the Work, or any duty or authority to undertake responsibility
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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, error, ambiguity,
or discrepancy is resolved by a clarification or interpretation by Engineer, or by an
amendment or supplement to the Contract 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 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 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 in writing 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.
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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 notify Owner and
Contractor in writing 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.
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 versions, 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 precludes 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 30th 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 60th day after
the day of Bid opening or the 30th 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 may 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
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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.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times must
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 will 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 Contract Price or 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. Such an adjustment will 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 third-party utility owners or other third-party entities (other than
those third-party utility owners or other third-party entities performing other work at or
adjacent to the Site as arranged by or under contract with Owner, as contemplated in
Article 8); and
4. Acts of war or terrorism.
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D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as
follows:
1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the
delay, disruption, or interference adversely affecting an activity on the critical path to
completion of the Work, as of the time of the delay, disruption, or interference.
2. Contractor shall not be entitled to an adjustment in Contract Price 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. Such a concurrent delay by
Contractor shall not preclude an adjustment of Contract Times to which Contractor is
otherwise entitled.
3. Adjustments of Contract Times or Contract Price are subject to the provisions of
Article 11.
E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract
Price must be supplemented by supporting data that sets forth in detail the following:
1. The circumstances that form the basis for the requested adjustment;
2. The date upon which each cause of delay, disruption, or interference began to affect the
progress of the Work;
3. The date upon which each cause of delay, disruption, or interference ceased to affect the
progress of the Work;
4. The number of days’ increase in Contract Times claimed as a consequence of each such
cause of delay, disruption, or interference; and
5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.
Contractor shall also furnish such additional supporting documentation as Owner or Engineer
may require including, where appropriate, a revised progress schedule indicating all the
activities affected by the delay, disruption, or interference, and an explanation of the effect
of the delay, disruption, or interference on the critical path to completion of the Work.
F. 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, together with the provisions of Paragraphs 4.05.D and 4.05.E.
G. Paragraph 8.03 addresses 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.
ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
5.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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.
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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, or to improvements, structures, utilities, or
similar facilities located at such adjacent lands 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 7.13, 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 in a court of competent jurisdiction; 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 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 will 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
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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 of explorations and tests of subsurface conditions at or adjacent to the Site
that contain Technical Data;
2. Those drawings of existing physical conditions at or adjacent to the Site, including those
drawings depicting existing surface or subsurface structures at or adjacent to the Site
(except Underground Facilities), that contain Technical Data; and
3. Technical Data contained in such reports and drawings.
B.Underground Facilities: Underground Facilities are shown or indicated on the Drawings,
pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A.
Information and data regarding the presence or location of Underground Facilities are not
intended to be categorized, identified, or defined as Technical Data.
C.Reliance by Contractor on Technical Data: 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 Paragraph 1.01.A.46.b.
D.Limitations of Other Data and 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;
2. other data, interpretations, opinions, and information contained in such reports or shown
or indicated in such drawings;
3. the contents of other Site-related documents made available to Contractor, such as
record drawings from other projects at or adjacent to the Site, or Owner’s archival
documents concerning the Site; or
4. 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:
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;
2. is of such a nature as to require a change in the Drawings or Specifications;
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
whether it is necessary for Owner to obtain 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; 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.Early Resumption of Work: If at any time Engineer determines that Work in connection with
the subsurface or physical condition in question may resume prior to completion of Engineer’s
review or Owner’s issuance of its statement to Contractor, because the condition in question
has been adequately documented, and analyzed on a preliminary basis, then the Engineer
may at its discretion instruct Contractor to resume such Work.
E.Possible Price and Times Adjustments
1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract
Times, 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
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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,
c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E.
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;
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 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, then any such
adjustment will 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, 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.
F.Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights
and responsibilities regarding the presence or location of Underground Facilities.
Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental
Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or
location of Underground Facilities, or to Hazardous Environmental Conditions.
5.05 Underground Facilities
A.Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary
Conditions, the cost of all of the following are included in the Contract Price, and Contractor
shall have full responsibility for:
1. reviewing and checking all information and data regarding existing Underground Facilities
at the Site;
2. complying with applicable state and local utility damage prevention Laws and
Regulations;
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3. verifying the actual location of those Underground Facilities shown or indicated in the
Contract Documents as being within the area affected by the Work, by exposing such
Underground Facilities during the course of construction;
4. coordination of the Work with the owners (including Owner) of such Underground
Facilities, during construction; and
5. 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 on the Drawings, or was not shown or
indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after
becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by
Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility.
C.Engineer’s Review: Engineer will:
1. promptly review the Underground Facility and conclude whether such Underground
Facility was not shown or indicated on the Drawings, or was not shown or indicated with
reasonable accuracy;
2. identify and communicate with the owner of the Underground Facility; prepare
recommendations to Owner (and if necessary issue any preliminary instructions to
Contractor) regarding the Contractor’s resumption of Work in connection with the
Underground Facility in question;
3. obtain any pertinent cost or schedule information from Contractor; 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
4. 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.Early Resumption of Work: If at any time Engineer determines that Work in connection with
the Underground Facility may resume prior to completion of Engineer’s review or Owner’s
issuance of its statement to Contractor, because the Underground Facility in question and
conditions affected by its presence have been adequately documented, and analyzed on a
preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such
Work.
F.Possible Price and Times Adjustments
1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract
Times, to the extent that any existing Underground Facility at the Site that was not shown
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or indicated on the Drawings, 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. 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;
b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E; and
c. 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, then any such
adjustment will 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, no later than 30 days
after Owner’s issuance of the Owner’s written statement to Contractor regarding the
Underground Facility in question.
4. The information and data shown or indicated on the Drawings with respect to existing
Underground Facilities at the Site is based on information and data (a) furnished by the
owners of such Underground Facilities, or by others, (b) obtained from available records,
or (c) gathered in an investigation conducted in accordance with the current edition of
ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data, by the American Society of Civil Engineers. If such information or data is incorrect
or incomplete, Contractor’s remedies are limited to those set forth in this
Paragraph 5.05.F.
5.06 Hazardous Environmental Conditions at Site
A.Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site;
2. drawings known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site; 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 on the accuracy of the
Technical Data as defined in Paragraph 1.01.A.46.b. 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
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of construction to be employed by Contractor, and safety precautions and programs
incident thereto;
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.
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, as a result of such Work stoppage, such
special conditions under which Work is agreed to be resumed by Contractor, or any costs or
expenses incurred in response to the Hazardous Environmental Condition, 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. Entitlement to any such adjustment is
subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.
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
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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, 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.I
obligates 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 obligates 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.
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
Contractor’s obligations under the Contract. These bonds must 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 terms of a prescribed bond form, the Supplementary Conditions, or other
provisions of the Contract.
B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary
Conditions or other provisions of the Contract.
C. All bonds must be in the form included in the Bidding Documents or otherwise specified by
Owner prior to execution of the Contract, except as provided otherwise by Laws or
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Regulations, and must be issued and signed by a surety named in “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Department Circular 570 (as amended and
supplemented) by the Bureau of the Fiscal Service, 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 must show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.
D. Contractor shall obtain the required bonds from surety companies that are duly licensed or
authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the
required amounts.
E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or
the surety ceases to meet the requirements above, then Contractor shall promptly notify
Owner and Engineer in writing and shall, within 20 days after the event giving rise to such
notification, provide another bond and surety, both of which must comply with the bond and
surety requirements above.
F. 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.
G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming
to have furnished labor, services, materials, or equipment used in the performance of the
Work, Owner shall provide a copy of the payment bond to such person or entity.
H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity
claiming to have furnished labor, services, materials, or equipment used in the performance
of the Work, Contractor shall provide a copy of the payment bond to such person or entity.
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. Alternative forms of insurance coverage, including but not limited to self-insurance and
“Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet
the insurance requirements of this Contract, unless expressly allowed in the Supplementary
Conditions.
D. Contractor shall deliver to Owner, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Contractor has
obtained and is maintaining the policies and coverages 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, documentation of
applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant
exclusions, and evidence of insurance required to be purchased and maintained by
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Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor,
Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing
information and (2) any wording specific to a project or jurisdiction other than those
applicable to this Contract.
E. Owner shall deliver to Contractor, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Owner has obtained
and is maintaining the policies and coverages 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, documentation of
applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all
relevant exclusions. In any documentation furnished under this provision, Owner may block
out (redact) (1) any confidential premium or pricing information and (2) any wording specific
to a project or jurisdiction other than those relevant to this Contract.
F. 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, will not be construed as a
waiver of the other party’s obligation to obtain and maintain such insurance.
G. In addition to the liability insurance required to be provided by Contractor, the Owner, at
Owner’s option, may purchase and maintain Owner’s own liability insurance. 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.
H. Contractor shall require:
1. Subcontractors to purchase and maintain worker’s compensation, commercial general
liability, and other insurance that is appropriate for their participation in the Project, and
to name as additional insureds Owner and Engineer (and any other individuals or entities
identified in the Supplementary Conditions as additional insureds on Contractor’s liability
policies) on each Subcontractor’s commercial general liability insurance policy; and
2. Suppliers to purchase and maintain insurance that is appropriate for their participation in
the Project.
I. If either party does not purchase or maintain 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.
J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement
to enter or remain at the Site will end immediately, and Owner may impose an appropriate
set-off against payment for any associated costs (including but not limited to the cost of
purchasing necessary insurance coverage), and exercise Owner’s termination rights under
Article 16.
K. Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect (but is in no way obligated) 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 will be adjusted accordingly.
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L. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is
responsible for determining whether such coverage and limits are adequate to protect its
interests, and for obtaining and maintaining any additional insurance that Contractor deems
necessary.
M. The insurance and insurance limits required herein will not be deemed as a limitation on
Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted
to Owner and other individuals and entities in the Contract or otherwise.
N. All the policies of insurance required to be purchased and maintained under this Contract will
contain a provision or endorsement that the coverage afforded will not be canceled, 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 and Engineer.
6.03 Contractor’s Insurance
A.Required Insurance: Contractor shall purchase and maintain Worker’s Compensation,
Commercial General Liability, and other insurance pursuant to the specific requirements of
the Supplementary Conditions.
B.General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented
must:
1. include at least the specific coverages required;
2. be written for not less than the limits provided, or those required by Laws or Regulations,
whichever is greater;
3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D),
and longer if expressly required elsewhere in this Contract, 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;
4. apply with respect to the performance of the Work, whether such performance is 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; and
5. include all necessary endorsements to support the stated requirements.
C.Additional Insureds: The Contractor’s commercial general liability, automobile liability,
employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle
liability policies, if required by this Contract, must:
1. include and list as additional insureds Owner and Engineer, and any individuals or entities
identified as additional insureds in the Supplementary Conditions;
2. include coverage for the respective officers, directors, members, partners, employees,
and consultants of all such additional insureds;
3. afford primary coverage to these additional insureds for all claims covered thereby
(including as applicable those arising from both ongoing and completed operations);
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4. not seek contribution from insurance maintained by the additional insured; and
5. as to commercial general liability insurance, apply to additional insureds with respect to
liability caused in whole or in part by Contractor’s acts or omissions, or the acts and
omissions of those working on Contractor’s behalf, in the performance of Contractor’s
operations.
6.04 Builder’s Risk and Other 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 Work’s full insurable replacement cost (subject to such deductible amounts
as may be provided in the Supplementary Conditions or required by Laws and Regulations).
The specific requirements applicable to the builder’s risk insurance are set forth in the
Supplementary Conditions.
B.Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for
obtaining and maintaining property insurance covering each existing structure, building, or
facility in which any part of the Work will occur, or to which any part of the Work will attach
or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a
replacement cost basis, providing coverage consistent with that required for the builder’s risk
insurance, and will be maintained until the Work is complete, as set forth in
Paragraph 15.06.D.
C.Property Insurance for Substantially Complete Facilities: Promptly after Substantial
Completion, and before actual occupancy or use of the substantially completed Work, Owner
will obtain property insurance for such substantially completed Work, and maintain such
property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such
property insurance will be written on a special perils (all-risk) form, on a replacement cost
basis, and provide coverage consistent with that required for the builder’s risk insurance. The
builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of
such property insurance.
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 advance notice of such occupancy or use to the builder’s risk insurer, and obtain an
endorsement consenting to the continuation of coverage prior to commencing such partial
occupancy or use.
E.Insurance of Other Property; Additional Insurance: If the express insurance provisions of the
Contract do not require or address the insurance of a property item or interest, then the entity
or individual owning such property item will be responsible for insuring it. 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 6.04, it may do so at Contractor’s expense.
6.05 Property Losses; Subrogation
A. The builder’s risk insurance policy purchased and maintained in accordance with
Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary
Conditions), will contain provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any insureds thereunder, or against
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Engineer or its consultants, or their officers, directors, members, partners, employees, agents,
consultants, or subcontractors.
1. 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, risks, 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 individuals or entities identified in the Supplementary
Conditions as builder’s risk or installation floater 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.
2. None of the above waivers extends 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. Any property insurance policy maintained by Owner covering any loss, damage, or
consequential loss to Owner’s existing structures, buildings, or facilities in which any part of
the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent
structures, buildings, or facilities of Owner; or to part or all of the completed or substantially
completed Work, 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, will contain provisions to the effect that in the event of payment of any loss
or damage the insurer will have no rights of recovery against any insureds thereunder, or
against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners,
employees, agents, consultants, or subcontractors of each and any of them, and that the
insured is allowed to waive the insurer’s rights of subrogation in a written contract executed
prior to the loss, damage, or consequential loss.
1. 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 all losses and damages caused by, arising out
of, or resulting from fire or any of the perils, risks, or causes of loss covered by such
policies.
C. The waivers in this Paragraph 6.05 include the waiver of rights 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 insured
peril, risk, or cause of loss.
D. Contractor shall be responsible for assuring that each Subcontract 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 fire or other peril, risk, or cause of loss covered by builder’s
risk insurance, installation floater, and any other property insurance applicable to the Work.
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6.06 Receipt and Application of Property Insurance Proceeds
A. Any insured loss under the builder’s risk and other policies of property insurance required by
Paragraph 6.04 will be adjusted and settled with the named insured that purchased the 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 6.04 shall maintain such proceeds in a segregated account, and
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, Contractor shall repair or replace the damaged
Work, using allocated insurance proceeds.
ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES
7.01 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
B. If the Contract Documents note, or Contractor determines, that professional engineering or
other design services are needed to carry out Contractor’s responsibilities for construction
means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor
shall cause such services to be provided by a properly licensed design professional, at
Contractor’s expense. Such services are not Owner-delegated professional design services
under this Contract, and neither Owner nor Engineer has any responsibility with respect to
(1) Contractor’s determination of the need for such services, (2) the qualifications or licensing
of the design professionals retained or employed by Contractor, (3) the performance of such
services, or (4) any errors, omissions, or defects in such services.
7.02 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.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who will not be replaced without written notice to Owner and Engineer
except under extraordinary circumstances.
7.03 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
maintain good discipline and order at the Site.
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B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of
Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any
other individuals or entities performing or furnishing any of the Work, just as Contractor is
responsible for Contractor’s own acts and omissions.
C. 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 will 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.
7.04 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 must be new and of good quality,
except as otherwise provided in the Contract Documents. All special warranties and
guarantees required by the Specifications will 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 must 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.
7.05 “Or Equals”
A.Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is
specified or described in the Contract Documents by using the names of one or more
proprietary items or specific Suppliers, 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
equipment or material, or items from other proposed Suppliers, under the circumstances
described below.
1. If Engineer in its sole discretion determines that an item of equipment or material
proposed by Contractor is functionally equal to that named and sufficiently similar so that
no change in related Work will be required, Engineer will deem it an “or equal” item. For
the purposes of this paragraph, a proposed item of equipment or material will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that the proposed item:
1) is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) 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) has a proven record of performance and availability of responsive service; and
4) is not objectionable to Owner.
b. Contractor certifies that, if the proposed item is approved and incorporated into the
Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) the item 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.
D.Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will
result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be
final and binding, and may not be reversed through an appeal under any provision of the
Contract.
E.Treatment as a Substitution Request: If Engineer determines that an item of equipment or
material proposed by Contractor does not qualify as an “or-equal” item, Contractor may
request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06.
7.06 Substitutes
A.Contractor’s Request; Governing Criteria: Unless the specification or description of an item of
equipment or material 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 equipment or material under the circumstances
described below. To the extent possible such requests must 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 equipment or material from anyone other than
Contractor.
2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as
supplemented by the Specifications, and as Engineer may decide is appropriate under the
circumstances.
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3. Contractor shall make written application to Engineer for review of a proposed substitute
item of equipment or material that Contractor seeks to furnish or use. The application:
a. will 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 the item specified; and
3) be suited to the same use as the item 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 the item specified; and
2) available engineering, sales, maintenance, repair, and replacement services.
d. will 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.
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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 will be final and binding, and may not be reversed through an
appeal under any provision of the Contract. Contractor may challenge the scope of
reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change
Proposal.
7.07 Concerning Subcontractors and Suppliers
A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work.
Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention
of a Subcontractor or Supplier for the performance of parts of the Work will not relieve
Contractor’s obligation to Owner to perform and complete the Work in accordance with the
Contract Documents.
B. Contractor shall retain specific Subcontractors and Suppliers 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 or Supplier 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 5 days.
E. Owner may require the replacement of any Subcontractor or Supplier. 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 or Suppliers 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 or Supplier so
identified solely on the basis of substantive, reasonable objection after due investigation.
Contractor shall submit an acceptable replacement for the rejected Subcontractor or
Supplier.
F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor
to perform any part of the Work, then Contractor shall be entitled to an adjustment in
Contract Price or Contract Times, 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 or Supplier, whether initially or as a
replacement, will constitute a waiver of the right of Owner to the completion of the Work in
accordance with the Contract Documents.
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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 solely responsible for scheduling and coordinating the work of
Subcontractors and Suppliers.
J. The divisions and sections of the Specifications and the identifications of any Drawings do not
control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating
the Work to be performed by any specific trade.
K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract for the benefit of Owner and Engineer.
L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information
about amounts paid to Contractor for Work performed for Contractor by the Subcontractor
or Supplier.
M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer
or Owner, except through Contractor or in case of an emergency, or as otherwise expressly
allowed in this Contract.
7.08 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 an 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 will be disclosed 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.
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7.09 Permits
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all
construction permits, licenses, and certificates of occupancy. 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.
7.10 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.
7.11 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. 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 is not Contractor’s responsibility to make certain that the Work described in the
Contract Documents is in accordance with Laws and Regulations, but this does not relieve
Contractor of its obligations under Paragraph 3.03.
C. Owner or Contractor may give written 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 written notice Contractor may submit a Change
Proposal, or Owner may initiate a Claim.
7.12 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.
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7.13 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.
B. Contractor shall designate a qualified and experienced safety representative whose duties
and responsibilities are the prevention of Work-related accidents and the maintenance and
supervision of safety precautions and programs.
C. 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;
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.
D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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).
E. 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.
F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground
Facilities and other utilities (if the identity of such owners is known to Contractor); and other
contractors and utility owners performing work at or adjacent to the Site, in writing, when
Contractor knows that 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.
G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.
Any Owner’s safety programs that are applicable to the Work are identified or included in the
Supplementary Conditions or Specifications.
H. 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.
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I. Contractor’s duties and responsibilities for safety and protection will continue until all the
Work is completed, Engineer has issued a written notice to Owner and Contractor in
accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the
Site (except as otherwise expressly provided in connection with Substantial Completion).
J. Contractor’s duties and responsibilities for safety and protection will 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.
7.14 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly
known as material safety data sheets) or other hazard communication information required
to be made available to or exchanged between or among employers at the Site in 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 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 by an
emergency, or are required as a result of Contractor’s response to an emergency. If Engineer
determines that a change in the Contract Documents is required because of an emergency or
Contractor’s response, a Work Change Directive or Change Order will be issued.
7.16 Submittals
A.Shop Drawing and Sample Requirements
1. Before submitting a Shop Drawing or Sample, Contractor shall:
a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determine and verify:
1) all field measurements, quantities, dimensions, specified performance and design
criteria, installation requirements, materials, catalog numbers, and similar
information with respect to the Submittal;
2) 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
3) all information relative to Contractor’s responsibilities for means, methods,
techniques, sequences, and procedures of construction, and safety precautions
and programs incident thereto;
c. confirm that the Submittal is complete with respect to all related data included in the
Submittal.
2. Each Shop Drawing or Sample must 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.
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3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice
of any variations that the Submittal may have from the requirements of the Contract
Documents. This notice must be set forth in a written communication separate from the
Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on
the Shop Drawing itself.
B.Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop
Drawings and Samples to Engineer for review and approval in accordance with the accepted
Schedule of Submittals.
1.Shop Drawings
a. Contractor shall submit the number of copies required in the Specifications.
b. Data shown on the Shop Drawings must 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
provide, and to enable Engineer to review the information for the limited purposes
required by Paragraph 7.16.C.
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.C.
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.Engineer’s Review of Shop Drawings and Samples
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
accepted Schedule of Submittals. 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, comply with the requirements of 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 will 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
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document any such approved variation from the requirements of the Contract
Documents in a Field Order or other appropriate Contract modification.
5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor
from responsibility for complying with the requirements of Paragraphs 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, will 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 or Sample
will result in such item becoming a Contract Document.
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.C.4.
D.Resubmittal Procedures for Shop Drawings and Samples
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 Shop Drawing and Sample submittals with sufficient
information and accuracy to obtain required approval of an item with no more than two
resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent
resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for
Engineer’s charges to Owner for such time. Owner may impose a set-off against payments
due Contractor to secure reimbursement for such charges.
3. If Contractor requests a change of a previously approved Shop Drawing or Sample,
Contractor shall be responsible for Engineer’s charges to Owner for its review time, and
Owner may impose a set-off against payments due Contractor to secure reimbursement
for such charges, unless the need for such change is beyond the control of Contractor.
E.Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs
1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and
Owner-delegated designs:
a. Contractor shall submit all such Submittals to the Engineer in accordance with the
Schedule of Submittals and pursuant to the applicable terms of the Contract
Documents.
b. Engineer will provide timely review of all such Submittals in accordance with the
Schedule of Submittals and return such Submittals with a notation of either Accepted
or Not Accepted. Any such Submittal that is not returned within the time established
in the Schedule of Submittals will be deemed accepted.
c. Engineer’s review will be only to determine if the Submittal is acceptable under the
requirements of the Contract Documents as to general form and content of the
Submittal.
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d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding
the reason for the non-acceptance, and resubmit an acceptable document.
2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of
Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05.
F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by
the provisions of Paragraph 7.19.
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 is entitled to rely on Contractor’s
warranty and guarantee.
B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by,
Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which
Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited
only by applicable Laws and Regulations restricting actions to enforce such rights; provided,
however, that after the end of the correction period under Paragraph 15.08:
1. Owner shall give Contractor written notice of any defective Work within 60 days of the
discovery that such Work is defective; and
2. Such notice will be deemed the start of an event giving rise to a Claim under
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the
notice.
C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, or improper modification, 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.
D. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents is absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents, a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents, or a release of Owner’s
warranty and guarantee rights under this Paragraph 7.17:
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. The end of the correction period established in Paragraph 15.08;
8. Any inspection, test, or approval by others; or
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9. Any correction of defective Work by Owner.
E. 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 will 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 losses,
damages, costs, and judgments (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 from third-party claims or actions relating to or resulting from the
performance or furnishing of the Work, provided that any such claim, action, loss, cost,
judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage
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 will 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.
7.19 Delegation of Professional Design Services
A. Owner may require Contractor to provide professional design services for a portion of the
Work by express delegation in the Contract Documents. Such delegation will specify the
performance and design criteria that such services must satisfy, and the Submittals that
Contractor must furnish to Engineer with respect to the Owner-delegated design.
B. Contractor shall cause such Owner-delegated professional design services to be provided
pursuant to the professional standard of care by a properly licensed design professional,
whose signature and seal must appear on all drawings, calculations, specifications,
certifications, and Submittals prepared by such design professional. Such design professional
must issue all certifications of design required by Laws and Regulations.
C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by
Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or
other Submittal must bear the written approval of Contractor’s design professional when
submitted by Contractor to Engineer.
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D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness
of the services, certifications, and approvals performed or provided by the design
professionals retained or employed by Contractor under an Owner-delegated design, subject
to the professional standard of care and the performance and design criteria stated in the
Contract Documents.
E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations
regarding design drawings, calculations, specifications, certifications, and other Submittals
furnished by Contractor pursuant to an Owner-delegated design will be only for the following
limited purposes:
1. Checking for conformance with the requirements of this Paragraph 7.19;
2. Confirming that Contractor (through its design professionals) has used the performance
and design criteria specified in the Contract Documents; and
3. Establishing that the design furnished by Contractor is consistent with the design concept
expressed in the Contract Documents.
F. Contractor shall not be responsible for the adequacy of performance or design criteria
specified by Owner or Engineer.
G. Contractor is not required to provide professional services in violation of applicable Laws and
Regulations.
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
third-party utility work that Owner has arranged to take place at or adjacent to the Site,
Owner shall provide such information to Contractor.
C. Contractor shall afford proper and safe access to the Site to each contractor that performs
such other work, each utility owner performing other work, and Owner, if Owner is
performing other work with Owner’s employees, and provide a reasonable opportunity for
the introduction and storage of materials and equipment and the execution of such other
work.
D. 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.
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E. If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others, 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.
F. The provisions of this article are not applicable to work that is performed by third-party
utilities or other third-party entities without a contract with Owner, or that is performed
without having been arranged by Owner. If such work occurs, then any related delay,
disruption, or interference incurred by Contractor is governed by the provisions of
Paragraph 4.05.C.3.
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 for Owner at or adjacent to the Site, the Owner’s
employees, any other contractor working for Owner, or any utility owner that Owner has
arranged to perform work, 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. 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 will 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, and any remedies available to Contractor under Laws or Regulations concerning
utility action or inaction. When applicable, any such equitable adjustment in Contract Price
will 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 or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E.
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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.
1. 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 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 8.03.B.
2. 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 Contractor.
C. 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 will 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.
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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.
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
(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.
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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 10.07. Particularly, but without limitation, during 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 Resident 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 the Supplementary Conditions and in
Paragraph 10.07.
B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or
employee to represent Owner at the Site, then the responsibilities and authority of such
individual or entity will be as provided in the Supplementary Conditions.
10.04 Engineer’s Authority
A. Engineer has the authority to reject Work in accordance with Article 14.
B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16.
C. Engineer’s authority as to design drawings, calculations, specifications, certifications and
other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of
professional design services, is set forth in Paragraph 7.19.
D. Engineer’s authority as to changes in the Work is set forth in Article 11.
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E. Engineer’s authority as to Applications for Payment is set forth in Article 15.
10.05 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.
10.06 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.
10.07 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, will 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.
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
Contractor under 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 10.07 also apply
to the Resident Project Representative, if any.
10.08 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 of which Engineer has
been informed.
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ARTICLE 11—CHANGES TO THE CONTRACT
11.01 Amending and Supplementing the Contract
A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive,
or a Field Order.
B. If an amendment or supplement to the Contract includes a change in the Contract Price or
the Contract Times, such amendment or supplement must be set forth in a Change Order.
C. All changes to the Contract that 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, must be supported by Engineer’s recommendation. Owner
and Contractor may amend other terms and conditions of the Contract without the
recommendation of the Engineer.
11.02 Change Orders
A. Owner and Contractor shall execute appropriate Change Orders covering:
1. Changes in 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 11.05,
(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 that embody the substance of any final and binding results under:
Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09,
concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments
resulting from allowances; Paragraph 13.03.D, final adjustments relating to
determination of quantities for Unit Price Work; and similar provisions.
B. If Owner or Contractor refuses to execute a Change Order that is required to be executed
under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if
fully executed.
11.03 Work Change Directives
A. 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 11.07 regarding change of Contract Price.
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B. If Owner has issued a Work Change Directive and:
1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary,
then Contractor shall submit any Change Proposal seeking such an adjustment no later
than 30 days after the completion of the Work set out in the Work Change Directive.
2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then
Owner shall submit any Claim seeking such an adjustment no later than 60 days after
issuance of the Work Change Directive.
11.04 Field Orders
A. 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.
B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, then before proceeding with the Work at issue, Contractor shall submit a
Change Proposal as provided herein.
11.05 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. Changes involving
the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or
technical matters will be supported by Engineer’s recommendation.
B. Such changes in the Work 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 must be
performed under the applicable conditions of the Contract Documents.
C. Nothing in this Paragraph 11.05 obligates 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.
11.06 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.C.2.
11.07 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 must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment of Contract Price must comply with the provisions of Article 12.
B. An adjustment in the Contract Price will be determined as follows:
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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);
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 11.07.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 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 11.07.C).
C.Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will 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 will
be 15 percent;
b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 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 11.07.C.2.a and
11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the
costs incurred under Paragraphs 13.01.B.1 and 13.01.B.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 5 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 will be
no greater than 27 percent of the costs incurred by the Subcontractor that actually
performs the Work;
d. No fee will 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 of the Work will be the amount of the actual net
decrease in Cost of the Work and a deduction of an additional amount equal to
5 percent of such actual net decrease in Cost of the Work; and
f. When both additions and credits are involved in any one change or Change Proposal,
the adjustment in Contractor’s fee will be computed by determining the sum of the
costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs,
Paragraph 13.01.B.1; incorporated materials and equipment costs,
Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants
costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to
each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a
through 11.07.C.2.e, inclusive.
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11.08 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 must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.
B. Delay, disruption, and interference in the Work, and any related changes in Contract Times,
are addressed in and governed by Paragraph 4.05.
11.09 Change Proposals
A.Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an
adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer
concerning the requirements of the Contract Documents or relating to the acceptability of
the Work under the Contract Documents; challenge a set-off against payment due; or seek
other relief under the Contract. The Change Proposal will specify any proposed change in
Contract Times or Contract Price, or other proposed relief, and explain the reason for the
proposed change, with citations to any governing or applicable provisions of the Contract
Documents. Each Change Proposal will address only one issue, or a set of closely related
issues.
B.Change Proposal Procedures
1.Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after
the start of the event giving rise thereto, or after such initial decision.
2.Supporting Data: 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.
a. Change Proposals based on or related to delay, interruption, or interference must
comply with the provisions of Paragraphs 4.05.D and 4.05.E.
b. Change proposals related to a change of Contract Price must include full and detailed
accounts of materials incorporated into the Work and labor and equipment used for
the subject Work.
The supporting data must 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.
3.Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and
consider any comments or response from Owner regarding the Change Proposal. If in its
discretion Engineer concludes that additional supporting data is needed before
conducting a full review and making a decision regarding the Change Proposal, then
Engineer may request that Contractor submit such additional supporting data by a date
specified by Engineer, prior to Engineer beginning its full review of the Change Proposal.
4.Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s
supporting data (including any additional data requested by Engineer), Engineer will
conduct a full review of each Change Proposal and, within 30 days after such receipt of
the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in
whole, or approve it in part and deny it in part. Such actions must be in writing, with a
copy provided to Owner and Contractor. If Engineer does not take action on the Change
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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.
5.Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor,
unless Owner or Contractor appeals the decision by filing a Claim under Article 12.
C.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 in writing that
the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of
such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to
seek resolution under the terms of Article 12.
D.Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a
written recommendation of final payment pursuant to Paragraph 15.06.B.
11.10 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 are subject 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;
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; and
4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer
has issued a written recommendation of final payment pursuant to Paragraph 15.06.B.
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 rests with the party making the
Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or
Contract Price, 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
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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 will 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 will 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 will resume as of the date of the termination. If the
mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and
decision process will 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 will 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 will 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 will be incorporated in a
Change Order or other written document 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
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2. When needed 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 will be in amounts no higher than those commonly incurred in the
locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will
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 in
advance of the subject Work. Such employees include, without limitation,
superintendents, foremen, safety managers, safety representatives, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on
the Work will be apportioned on the basis of their time spent on the Work. Payroll costs
include, but are not limited to, salaries and wages plus the cost of fringe benefits, which
include social security contributions, unemployment, excise, and payroll taxes, workers’
compensation, health and retirement benefits, sick leave, and vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours,
on Saturday, Sunday, or legal holidays, will 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 accrue to Contractor unless Owner deposits
funds with Contractor with which to make payments, in which case the cash discounts
will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of
surplus materials and equipment will 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, which 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 will 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 or retained for services
specifically related to the Work.
5. Other costs consisting of 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, which are
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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.
1) In establishing included costs for materials such as scaffolding, plating, or
sheeting, consideration will be given to the actual or the estimated life of the
material for use on other projects; or rental rates may be established on the basis
of purchase or salvage value of such items, whichever is less. Contractor will not
be eligible for compensation for such items in an amount that exceeds the
purchase cost of such item.
c.Construction Equipment Rental
1) Rentals of all construction equipment and machinery, and the parts thereof, in
accordance with rental agreements approved by Owner as to price (including any
surcharge or special rates applicable to overtime use of the construction
equipment or machinery), and the costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof. All such costs will be in accordance
with the terms of said rental agreements. The rental of any such equipment,
machinery, or parts must cease when the use thereof is no longer necessary for
the Work.
2) Costs for equipment and machinery owned by Contractor or a Contractor-related
entity will be paid at a rate shown for such equipment in the equipment rental
rate book specified in the Supplementary Conditions. An hourly rate will be
computed by dividing the monthly rates by 176. These computed rates will
include all operating costs.
3) With respect to Work that is the result of a Change Order, Change Proposal,
Claim, set-off, or other adjustment in Contract Price (“changed Work”), included
costs will be based on the time the equipment or machinery is in use on the
changed Work and the costs of transportation, loading, unloading, assembly,
dismantling, and removal when directly attributable to the changed Work. The
cost of any such equipment or machinery, or parts thereof, must cease to accrue
when the use thereof is no longer necessary for the changed 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 builder’s risk or other property insurance established in accordance with
Paragraph 6.04), provided such losses and damages have resulted from causes 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
include settlements made with the written consent and approval of Owner. No such
losses, damages, and expenses will be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
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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 does not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals,
general 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. The cost of purchasing, renting, or furnishing small tools and hand tools.
3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
5. 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.
6. Expenses incurred in preparing and advancing Claims.
7. 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
1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective
Date of the Contract will be determined as set forth in the Agreement.
b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other
adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be
determined as follows:
1) When the fee for the Work as a whole is a percentage of the Cost of the Work,
the fee will automatically adjust as the Cost of the Work changes.
2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or
deletions will be determined in accordance with Paragraph 11.07.C.2.
2. When the Work as a whole is performed on the basis of a stipulated sum, or any other
basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change
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Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis
of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.
E.Documentation and Audit: Whenever the Cost of the Work for any purpose is to be
determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish
and maintain records of the costs in accordance with generally accepted accounting practices.
Subject to prior written notice, Owner will be afforded reasonable access, during normal
business hours, to all Contractor’s accounts, records, books, correspondence, instructions,
drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work
and Contractor’s fee. Contractor shall preserve all such documents for a period of three years
after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner,
and preserve such documents, to the same extent required of Contractor.
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.
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 for
any of the foregoing will be valid.
C.Owner’s Contingency Allowance: Contractor agrees that an Owner’s 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 for Work covered by allowances, and the
Contract Price will 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
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thereon will be final and binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor, and the final adjustment of
Contract Price will be set forth in a Change Order, subject to the provisions of the following
paragraph.
E.Adjustments in Unit Price
1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to
an item of Unit Price Work if:
a. the quantity of the item of Unit Price Work performed by Contractor differs materially
and significantly from the estimated quantity of such item indicated in the
Agreement; and
b. Contractor’s unit costs to perform the item of Unit Price Work have changed
materially and significantly as a result of the quantity change.
2. The adjustment in unit price will account for and be coordinated with any related changes
in quantities of other items of Work, and in Contractor’s costs to perform such other
Work, such that the resulting overall change in Contract Price is equitable to Owner and
Contractor.
3. Adjusted unit prices will apply to all units of that item.
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 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 with such procedures and programs
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 will 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.
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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 will 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 will be at Contractor’s expense
unless Contractor had given Engineer timely notice of Contractor’s intention to 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 written 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,
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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 will 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 additional inspection or testing of the Work, whether
or not the Work is fabricated, installed, or completed.
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, 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,
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or any portion thereof, until the cause for such order has been eliminated; however, this right
of Owner to stop the Work will 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 defective Work as required by Engineer, then
Owner may, after 7 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 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 for 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.
2. 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 must also be accompanied by: (a) a bill of sale,
invoice, copies of subcontract or purchase order payments, or other documentation
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establishing full payment by Contractor for the materials and equipment; (b) at Owner’s
request, documentation warranting that Owner has received the materials and
equipment free and clear of all Liens; and (c) 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.
3. Beginning with the second Application for Payment, each Application must include an
affidavit of Contractor stating that all previous progress payments received by Contractor
have been applied to discharge Contractor’s legitimate obligations associated with prior
Applications for Payment.
4. 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:
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.
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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;
b. for the means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto;
c. for Contractor’s failure to comply with Laws and Regulations applicable to
Contractor’s performance of the Work;
d. to make any examination to ascertain how or for what purposes Contractor has used
the money paid by Owner; 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
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 based on Contractor’s conduct in the
performance or furnishing of the Work, or Owner has incurred costs, losses, or
damages resulting from 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;
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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 has occurred that would constitute a default by Contractor and therefore
justify a termination for cause;
j. Liquidated or other 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; or
l. Other items entitle 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 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 will 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 will be treated as an amount due as determined by
Paragraph 15.01.D.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 7 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
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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 will 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 7 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.
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
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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 15.03.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 6.04 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 inspection, annotated record
documents (as provided in Paragraph 7.12), and other documents, Contractor may make
application for final payment.
2. The final Application for Payment must 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.
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d. a list of all duly pending Change Proposals and Claims; 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 Final Application and Recommendation of Payment: 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 10
days after receipt of the final Application for Payment, indicate in writing Engineer’s
recommendation of final payment and present the final Application for Payment to Owner
for payment. Such recommendation will 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. 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.Notice of Acceptability: In support of its recommendation of payment of the final Application
for Payment, Engineer will also give written notice to Owner and Contractor that the Work is
acceptable, subject to stated limitations in the notice and to the provisions of
Paragraph 15.07.
D.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
and issuance of notice of the acceptability of the Work.
E.Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment
and accompanying documentation, Owner shall set off against the amount recommended by
Engineer for final payment any further sum to which Owner is entitled, including but not
limited to set-offs for liquidated damages and set-offs allowed under the provisions of this
Contract with respect to progress payments. Owner shall pay the resulting balance due to
Contractor within 30 days of Owner’s receipt of the final Application for Payment from
Engineer.
15.07 Waiver of Claims
A. By making final payment, Owner waives its claim or right to liquidated damages or other
damages for late completion by Contractor, except as set forth in an outstanding Claim,
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appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner.
Owner reserves all other claims or rights after final payment.
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 as a Claim, 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 Supplementary Conditions or the terms of any applicable special
guarantee required by the Contract Documents), Owner gives Contractor written notice that
any Work has been found to be defective, or that Contractor’s repair of any damages to the
Site or adjacent areas has been found to be defective, then after receipt of such notice of
defect 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 adjacent areas;
2. correct such defective Work;
3. remove the defective Work from the Project and replace it with Work that is not
defective, if the defective Work has been rejected by Owner, 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 from the corrective measures.
B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or
repairs is defective. If such notice is given within such 60 days but after the end of the
correction period, the notice will be deemed a notice of defective Work under
Paragraph 7.17.B.
C. If, after receipt of a notice of defect within 60 days and within the correction period,
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 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). Contractor’s failure to pay such costs, losses, and damages within 10 days of
invoice from Owner will be deemed the start of an event giving rise to a Claim under
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure
to pay.
D. 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.
E. 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.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 67 of 70
F. Contractor’s obligations under this paragraph are in addition to all other obligations and
warranties. The provisions of this paragraph are not to 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 directly attributable to any such suspension. Any Change
Proposal seeking such adjustments must 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) 10 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) written 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 7 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,
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 68 of 70
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, 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 will govern over any inconsistent provisions
of Paragraphs 16.02.B and 16.02.D.
16.03 Owner May Terminate for Convenience
A. Upon 7 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 for any loss of anticipated profits or revenue, post-termination
overhead costs, 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 7 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, 7 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
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 69 of 70
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
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,
pursuant to Article 12; and
2. Disputes between Owner and Contractor concerning the Work, or obligations under the
Contract Documents, that arise 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;
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 requires the giving of written notice to Owner,
Engineer, or Contractor, it will be deemed to have been validly given only if delivered:
1. in person, by a commercial courier service or otherwise, to the recipient’s place of
business;
2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject
line.
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.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 70 of 70
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.
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 will not constitute a waiver of that provision, nor
will 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
of the Contract or 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 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this
Contract of any rights under or interests in the Contract will be binding on the other party
without the written consent of the party sought to be bound; and, specifically but without
limitation, money that may become due and money that is 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.
18.09 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
18.10 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts
of these General Conditions.

EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1
SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Definitions and Terminology .................................................................................................. 1
Article 2— Preliminary Matters ............................................................................................................... 1
Article 3— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions ..................... 1
Article 4— Bonds and Insurance .............................................................................................................. 2
Article 5— Contractor’s Responsibilities .................................................................................................. 6
Article 6— Other Work at the Site ........................................................................................................... 6
Article 7— Owner’s Responsibilities ........................................................................................................ 6
Article 8— Engineer’s Status During Construction .................................................................................... 6
Article 9— Changes to the Contract ......................................................................................................... 7
Article 10— Claims .................................................................................................................................. 7
Article 11— Cost of Work; Allowances, Unit Price Work .......................................................................... 7
Article 12— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work ................... 7
Article 13— Payments to Contractor, Set Offs; Completions; Correction Period ....................................... 7
Article 14— Suspension of Work and Termination ................................................................................... 7
Article 15— Final Resolutions of Disputes ................................................................................................ 8
Article 16— Miscellaneous ...................................................................................................................... 9

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 9
SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT
These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of
the Construction Contract (2018). The General Conditions remain in full force and effect except as
amended.
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.
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—for example, “Paragraph SC-4.05.”
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
No suggested Supplementary Conditions in this Article.
ARTICLE 2—PRELIMINARY MATTERS
2.02 Copies of Documents
SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place:
A. Owner shall furnish to Contractor 4 printed copies of conformed Contract Documents
incorporating and integrating all Addenda and any amendments negotiated prior to the
Effective Date of the Contract (including one fully signed counterpart of the Agreement), and
one copy in electronic portable document format (PDF). Additional printed copies of the
conformed Contract Documents will be furnished upon request at the cost of reproduction.
ARTICLE 3—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL
CONDITIONS
5.03 Subsurface and Physical Conditions
SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D:
E. The following table lists the reports of explorations and tests of subsurface conditions at or
adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data
in the report upon which Contractor may rely: [If there are no such reports, so indicate in
the table.]
Report Title Date of Report Technical Data
WBWCD – Little Mountain Tank
Replacement Geotechnical Investigation
January 10,
2022
Bore Logs, Design
Recommendations.

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site,
including those drawings depicting existing surface or subsurface structures at or adjacent to

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 9
the Site (except Underground Facilities), that contain Technical Data, and specifically
identifies the Technical Data upon which Contractor may rely: [If there are no such drawings,
so indicate in the table.]
Drawings Title Date of Drawings Technical Data
1.0 MG Little Mtn Drawings October 9, 1978 Exist. 1.0 MG Welded Steel Tank
2.0 MG Little Mtn Drawings November 9, 2005 Exist. 2.0 MG Glass-Fused Steel
Tank & Site Piping

G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F
that were not included with the Bidding Documents at the office of Weber Basin Water
Conservancy District, or office of the Engineer, during regular business hours, or may request
copies from Engineer.
5.06 Hazardous Environmental Conditions
C-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3:
4. The following table lists the reports known to Owner relating to Hazardous
Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon
which Contractor may rely: [If there are no such reports, so indicate in the table]
Report Title Date of Report Technical Data
No Reports [Identify Technical Data]

5. The following table lists the drawings known to Owner relating to Hazardous
Environmental Conditions at or adjacent to the Site, and Technical Data (if any)
contained in such Drawings upon which Contractor may rely: [If there are no such
drawings, so indicate in the table]
Drawings Title Date of Drawings Technical Data
No Reports [Identify Technical Data]

ARTICLE 4—BONDS AND INSURANCE
6.02 Insurance—General Provisions
6.03 Contractor’s Insurance
SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C:
D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the
General Conditions, the commercial general liability, automobile liability, umbrella or excess,
pollution liability, and unmanned aerial vehicle liability policies must include as additional
insureds (in addition to Owner and Engineer) the following: [Here list by legal name (not

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 9
category, role, or classification) other persons or entities to be included as additional
insureds. See GC-6.03.C.]
E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain
workers’ compensation and employer’s liability insurance, including, as applicable, United
States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap
employer’s liability coverage for monopolistic states, and foreign voluntary workers’
compensation (from available sources, notwithstanding the jurisdictional requirement of
Paragraph 6.02.B of the General Conditions).
Workers’ Compensation and Related Policies Policy limits of not
less than:
Workers’ Compensation
State Statutory
Applicable Federal (e.g., Longshoreman’s) Statutory
Foreign voluntary workers’ compensation (employer’s
responsibility coverage), if applicable
Statutory
Jones Act (if applicable)
Bodily injury by accident—each accident $
Bodily injury by disease—aggregate $
Employer’s Liability
Each accident $100,000
Each employee $100,000
Policy limit $500,000
Stop-gap Liability Coverage
For work performed in monopolistic states, stop-gap liability
coverage must be endorsed to either the worker’s compensation
or commercial general liability policy with a minimum limit of:
N/A
F. 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 claims for:
1. damages because of bodily injury, sickness or disease, or death of any person other than
Contractor’s employees,
2. damages insured by reasonably available personal injury liability coverage, and
3. damages because of injury to or destruction of tangible property wherever located,
including loss of use resulting therefrom.
G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy
must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial
general liability form (occurrence form) and include the following coverages and
endorsements:
1. Products and completed operations coverage.
a. Such insurance must be maintained for three years after final payment.

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 9
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, including but not limited to coverage of
Contractor’s contractual indemnity obligations in Paragraph 7.18.
3. Severability of interests and no insured-versus-insured or cross-liability exclusions.
4. Underground, explosion, and collapse coverage.
5. Personal injury coverage.
6. 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). If Contractor demonstrates to Owner that the specified ISO
endorsements are not commercially available, then Contractor may satisfy this
requirement by providing equivalent endorsements.
7. 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.
H. Commercial General Liability—Excluded Content: The commercial general liability insurance
policy, including its coverages, endorsements, and incorporated provisions, must not include
any of the following:
1. Any modification of the standard definition of “insured contract” (except to delete the
railroad protective liability exclusion if Contractor is required to indemnify a railroad or
others with respect to Work within 50 feet of railroad property).
2. Any exclusion for water intrusion or water damage.
3. Any provisions resulting in the erosion of insurance limits by defense costs other than
those already incorporated in ISO form CG 00 01.
4. Any exclusion of coverage relating to earth subsidence or movement.
5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability
(other than worker’s compensation).
6. Any limitation or exclusion based on the nature of Contractor’s work.
7. Any professional liability exclusion broader in effect than the most recent edition of ISO
form CG 22 79.
I. Commercial General Liability—Minimum Policy Limits
Commercial General Liability Policy limits of not
less than:
General Aggregate $2,000,000
Products—Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,000,000
Bodily Injury and Property Damage—Each Occurrence $1,000,000

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 9
J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance
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
must be written on an occurrence basis.
Automobile Liability Policy limits of not
less than:
Bodily Injury
Each Person $1,000,000
Each Accident $1,000,000
Property Damage
Each Accident $1,000,000
[or]
Combined Single Limit
Combined Single Limit (Bodily Injury and Property Damage) $1,000,000
K. 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. The coverage
afforded must be at least as broad as that of each and every one of the underlying policies.
Excess or Umbrella Liability Policy limits of not
less than:
Each Occurrence $4,000,000
General Aggregate $4,000,000
L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit
Requirements: Contractor may meet the policy limits specified for employer’s liability,
commercial general liability, and automobile liability through the primary policies alone, or
through combinations of the primary insurance policy’s policy limits and partial attribution
of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage
as that of the underlying policy, as specified herein. If such umbrella or excess liability policy
was required under this Contract, at a specified minimum policy limit, such umbrella or
excess policy must retain a minimum limit of $[specify amount] after accounting for partial
attribution of its limits to underlying policies, as allowed above.
M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy
covering third-party injury and property damage, including cleanup costs, as a result of
pollution conditions arising from Contractor’s operations and completed operations. This
insurance must be maintained for no less than three years after final completion.
Contractor’s Pollution Liability Policy limits of not
less than:
Each Occurrence/Claim $1,000,000
General Aggregate $1,000,000

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 9
ARTICLE 5—CONTRACTOR’S RESPONSIBILITIES
ARTICLE 6—OTHER WORK AT THE SITE
ARTICLE 7—OWNER’S RESPONSIBILITIES
ARTICLE 8—ENGINEER’S STATUS DURING CONSTRUCTION
10.03 Resident Project Representative
SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B:
C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's
dealings in matters pertaining to the Work in general will be with Engineer and Contractor.
RPR's dealings with Subcontractors will only be through or with the full knowledge or
approval of Contractor. The RPR will:
1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences, and other Project-related meetings
(but not including Contractor’s safety meetings), and as appropriate prepare and
circulate copies of minutes thereof.
2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if
required to do so by such safety programs, receive safety training specifically related to
RPR’s own personal safety while at the Site.
3. 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.
c. Assist in obtaining from Owner additional details or information, when required for
Contractor’s proper execution of the Work.
4. Review of Work; Defective Work
a. Conduct on-Site observations of the Work to assist Engineer in determining, to the
extent set forth in Paragraph 10.02, if the Work is in general proceeding in
accordance with the Contract Documents.
b. Observe whether any Work in place appears to be defective.
c. Observe whether any Work in place should be uncovered for observation, or
requires special testing, inspection or approval.
5. Inspections and Tests
a. Observe Contractor-arranged inspections required by Laws and Regulations,
including but not limited to those performed by public or other agencies having
jurisdiction over the Work.

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 7 of 9
b. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Work.
6. Payment Requests: Review Applications for Payment with Contractor.
7. Completion
a. Participate in Engineer’s visits regarding Substantial Completion.
b. Assist in the preparation of a punch list of items to be completed or corrected.
c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor
regarding completion of the Work, and prepare a final punch list of items to be
completed or corrected by Contractor.
d. Observe whether items on the final punch list have been completed or corrected.
D. The RPR will 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 construction.
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. Authorize Owner to occupy the Project in whole or in part.
ARTICLE 9—CHANGES TO THE CONTRACT
ARTICLE 10—CLAIMS
ARTICLE 11—COST OF WORK; ALLOWANCES, UNIT PRICE WORK
ARTICLE 12—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCCEPTANCE OF DEFECTIVE
WORK
ARTICLE 13—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD
ARTICLE 14—SUSPENSION OF WORK AND TERMINATION
No suggested Supplementary Conditions in this Article.

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 8 of 9
ARTICLE 15—FINAL RESOLUTIONS OF DISPUTES
17.02 Arbitration
SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.
17.02 Arbitration
A. All matters subject to final resolution under this Article will be settled by arbitration
administered by the American Arbitration Association in accordance with its Construction
Industry Arbitration Rules (subject to the conditions and limitations of this
Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be
settled in accordance with the American Arbitration Association’s supplemental rules for
Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically
enforceable under the prevailing law of any court having jurisdiction.
B. The demand for arbitration will be filed in writing with the other party to the Contract and
with the selected arbitration administrator, and a copy will be sent to Engineer for
information. The demand for arbitration will be made within the specific time required in
Article 17, or if no specified time is applicable within a reasonable time after the matter in
question has arisen, and in no event will any such demand be made after the date when
institution of legal or equitable proceedings based on such matter in question would be
barred by the applicable statute of limitations.
G. No arbitration arising out of or relating to the Contract will include by consolidation, joinder,
or in any other manner any other individual or entity (including Engineer, and Engineer’s
consultants and the officers, directors, partners, agents, employees or consultants of any of
them) who is not a party to this Contract unless:
1. the inclusion of such other individual or entity will allow complete relief to be afforded
among those who are already parties to the arbitration;
2. such other individual or entity is substantially involved in a question of law or fact which
is common to those who are already parties to the arbitration, and which will arise in
such proceedings;
H. The award will be final. Judgment may be entered upon it in any court having jurisdiction
thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws
and Regulations relating to vacating or modifying an arbitral award.
I. Except as may be required by Laws or Regulations, neither party nor an arbitrator may
disclose the existence, content, or results of any arbitration hereunder without the prior
written consent of both parties, with the exception of any disclosure required by Laws and
Regulations or the Contract. To the extent any disclosure is allowed pursuant to the
exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to
the extent possible.

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.
EJCDC® C-800, Supplementary Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 9 of 9
ARTICLE 16—MISCELLANEOUS
18.11 Subcontracting Limitation
SC-18.08 Add the following new paragraph immediately after Paragraph 18.10:
SC-18.11 Subcontracting Limitation
A. In addition to the provisions of Article 7.06 of the General Conditions, the Contractor shall
perform not less than 60 percent of the Work with its own forces (i.e. without
subcontracting). This requirement shall be understood to refer to installing, performing, and
constructing Work, exclusive of the supply of materials and equipment for the Project.
EJCDC® C-940, Work Change Directive.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
WORK CHANGE DIRECTIVE NO.:
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.:08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
Date Issued:Effective Date of Work Change Directive:
Contractor is directed to proceed promptly with the following change(s):
Description:
Attachments:
Purpose for the Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract
Price and Contract Time, is issued due to:
Notes to User—Check one or both of the following
☐ Non-agreement on pricing of proposed change.☐ Necessity to proceed for schedule or other reasons.
Estimated Change in Contract Price and Contract Times (non-binding, preliminary):
Contract Price: $[increase] [decrease] [not yet estimated].
Contract Time:days [increase] [decrease] [not yet estimated].
Basis of estimated change in Contract Price:
☐ Lump Sum ☐ Unit Price ☐ Cost of the Work ☐ Other
Recommended by Engineer Authorized by Owner
By:
Title:
Date:
EJCDC® C-941, Change Order.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
CHANGE ORDER NO.:
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.:08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
Date Issued:Effective Date of Change Order:
The Contract is modified as follows upon execution of this Change Order:
Description:
Attachments (List documents supporting change):
Change in Contract Price
Change in Contract Times
[State Contract Times as either a specific date or a
number of days]
Original Contract Price:Original Contract Times:
Substantial Completion:
$Ready for final payment:
[Increase] [Decrease] from previously approved Change
Orders No. 1 to No.[Number of previous Change
Order]:
[Increase] [Decrease] from previously approved
Change Orders No.1 to No.[Number of previous
Change Order]:
Substantial Completion:
$Ready for final payment:
Contract Price prior to this Change Order:Contract Times prior to this Change Order:
Substantial Completion:
$Ready for final payment:
[Increase] [Decrease] this Change Order:[Increase] [Decrease] this Change Order:
Substantial Completion:
$Ready for final payment:
Contract Price incorporating this Change Order:Contract Times with all approved Change Orders:
Substantial Completion:
$Ready for final payment:
Recommended by Engineer (if required)Authorized by Owner
By:
Title:
Date:
Authorized by Owner Approved by Funding Agency (if applicable)
By:
Title:
Date:
EJCDC® C-942, Field Order.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1
FIELD ORDER NO.:
Owner:Weber Basin Water Conservancy District Owner’s Project No.:20018
Engineer:Sunrise Engineering, Inc.Engineer’s Project No.:08395
Contractor:Contractor’s Project No.:
Project:Little Mountain 4.0 MG Tank Replacement
Contract Name: Little Mountain 4.0 MG Tank Replacement
Date Issued:Effective Date of Field Order:
Contractor is hereby directed to promptly perform the Work described in this Field Order, issued in
accordance with Paragraph 11.04 of the General Conditions, for minor changes in the Work without
changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or
Contract Times is required, submit a Change Proposal before proceeding with this Work.
Reference:
Specification Section(s):
Drawing(s) / Details (s):
Description:
Attachments:
[List documents supporting change]
Issued by Engineer
By:
Title:
Date:
SPECIAL PROVISIONS

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
02 14 00 SP Dewatering
02 14 00 SP
DEWATERING

PART 1 GENERAL

1.1 DESCRIPTION
A. This section includes materials, installation, maintenance, operation, and removal of
temporary dewatering systems, for the control and disposal of surface and ground
waters.

1.2 REFERENCE SPECIFICATIONS, CODES AND STANDARDS
A. Utah Regional Water Quality Control Board General Waste Discharge Requirements.

1.3 JOB CONDITIONS
A. Methods of dewatering may include sump pumping, single or multiple stage well
point systems, educator and ejector type systems, deep wells, and combinations
thereof.
B. Locate dewatering facilities where they shall not interfere with utilities and construction
work to be performed by others.
C. Modify dewatering procedures which cause damage to new or existing facilities, so as
to prevent further damage. Install settlement gauges, as necessary, to monitor
settlement of critical structures or facilities adjacent to areas of dewatering. Control
the rate of dewatering to avoid all objectionable settlement and subsidence.
D. Comply with Regional Water Quality Control Board Waste Discharge requirements as
required, prior to discharge of groundwater, and comply with the sampling, testing,
monitoring, and reporting requirements specified therein.

1.4 SUBMITTALS
A. Shop Drawings which, at a minimum, indicate the proposed type of dewatering
system; the arrangement, location, and depths of systems components; a complete
description of equipment and instrumentation to be used, with installation, operation,
and maintenance procedures; and the methods of disposal of pumped water.
B. Well installation or abandonment permits.

PART 2 MATERIALS

2.1 MATERIALS AND EQUIPMENT
A. Furnish and maintain all materials, tools, equipment, facilities, and services as required
for providing the necessary dewatering work and facilities.
B. Provide piezometers for monitoring groundwater levels and other instruments and
measuring devices as required.

PART 3 EXECUTION

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
02 14 00 SP Dewatering

3.1 DEWATERING
A. Perform dewatering in accordance with approved Shop Drawings. Keep the Engineer
advised of any changes made to accommodate field conditions and, on completion of
the dewatering system installation, revise and resubmit Shop Drawings as necessary to
indicate the installed configuration.
B. Organize dewatering operations to lower the groundwater level in excavations as
required for prosecution of the work, and to provide a stable, dry grade for the
prosecution of construction operations.
C. Maintain water level at lower elevations, so that no danger can occur because of the
buildup of excessive hydrostatic pressure and provide for maintaining the water level
a minimum of two (2) feet below the subgrade, unless otherwise permitted by the
Engineer.
D. Maintain groundwater level a minimum of five (5) feet below the prevailing level of
backfill being placed.
E. Dispose of water in such a manner as to cause no injury or nuisance to public or
private property or be a menace to public health. Dispose of the water in accordance
with the requirements contained in the Utah Regional Water Quality Control Board
General Waste Discharge Requirements. Do not drain trench water through the
pipeline under construction.
F. The dewatering operation will be continuous, so that the excavated areas will be kept
free from water during construction, while concrete is setting and achieves full
strength, and until backfill has been placed to a sufficient height to anchor the work
against possible flotation.
G. Prevent disposal of sediments from the soils to adjacent lands or waterways by
employing necessary methods, including settling basins. Locate settling basins away
from the watercourses to prevent silt -bearing water from reaching the watercourse
during flow regime.
H. Where excavations may obstruct the natural flow of a watercourse, implement
measures to control and dispose of the surface water that will not adversely affect
water quality or beneficial uses of the watercourse. Divert watercourse flows around
excavation areas by constructing barriers, temporary culverts, new channels, or other
appropriate means.
I. Do not allow water containing mud, silt or other pollutants from aggregate washing
or other construction activities to enter a watercourse or be placed in locations that
may be subjected to high storm flows.
J. Obtain all necessary permits from agencies with control over the use of surface water
and groundwater and matters affecting well installation, water discharge, and use of
existing storm drains and natural water courses . As the review and permitting process
may be lengthy, this condition is brought to the Contractor’s attention for early action
to pursue and submit for the required approvals, permits and licenses.
K. Take measures to prevent damage to properties, bridge abutments, structures,
sewers, water mains, and other utility installations, pavements, sidewalks, and Work.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
02 14 00 SP Dewatering
L. Modify the system at no cost to the Owner if after installation and while in operation it
causes or threatens to cause damage to existing buildings, bridges, structures, utilities,
or facilities.
M. Monitor the quality of the discharge from the dewatering system to determine if soil
particles are being removed by the system.
N. Repair damage, disruption, or interference resulting directly or indirectly from
dewatering operations at no cost to the Owner and with the Engineer’s approval.
O. The system shall be designed to limit the extent of groundwater lowering that would
endanger or damage adjacent structures or property, and to safely convey detained
or diverted surface water.
P. The system shall be designed by, and installed under, the supervision of a registered
professional Engineer in the State of Utah who is experienced in the design,
installation, and operation of construction dewatering systems.
Q. Design the system to prevent the removal of natural, in -place soils. The system shall
be such that after initial development, the quantity and size of soil particles will
decrease until no soil particles are present in the water being pumped at any time
after 24 hours initial pumping.
R. Do not discharge water from any dewatering operation into the sanitary sewer
system.

3.2 RECORDS
A. Provide a daily record of the average flow rate. Provide water quality testing as required
by the Regional Water Quality Control Board.
B. Observe and record the elevation of the groundwater during the period that the
dewatering system is in operation.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
02 41 20 SP Utility Investigation
02 41 20 SP
UTILITY INVESTIGATION

PART 1 GENERAL

1.1 SECTION INCLUDES
A. Utility investigation at all connections to existing pipe and all utility crossings.

1.2 RELATED WORK
A. Water Main Connections
B. Remove Trench Asphalt Concrete Pavement

1.3 SITE CONDITIONS
A. Control Dust, Section 01 57 00
B. Reinforced concrete paving may exist beneath roads

PART 2 PRODUCTS
(Not Used)

PART 3 EXECUTION

2.1 PREPARATION
A. General
1. Contractor to provide all necessary equipment for potholing locations where
connections are to be made to existing pipes
B. Traffic Control: Provide worker and public safety, Section 01 55 26.
C. Tree Roots: Avoid or minimize damage to tree roots. Roots provide anchorage
storage of energy, and absorption and Contractor to notify residents of work being
performed per Section 01 31 13 Coordination
D. Existing Surfaces:
1. Do Not damage adjacent concrete surfaces that are not scheduled to be
investigated.
2. Use rubber cleats or Pavement pads when operating backhoes, outriggers, track
equipment or any other equipment on or crossing paved surfaces.
3. Restore paved surfaces that are damaged by removal operations at no additional
cost to the OWNER.

2.2 INVESTIGATION
A. Saw cut existing pavement at area to be investigated
B. Remove asphalt concrete and any reinforced concrete pavement within area of saw
cut
C. Contractor to investigate existing miscellaneous pipelines, wires or cables, and other
miscellaneous sub-surface features as required by the Engineer.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
02 41 20 SP Utility Investigation

2.3 RESTORATION
A. Following utility investigation, CONTRACTOR shall backfill and compact area of
investigation per 32 05 10.
B. Replacement of asphalt required for utility investigation . In locations that show
finished surface of asphalt per the construction documents, temporary asphalt
patching is not required. Road base shall be placed to elevation equal to existing
pavement for temporary surface in these locations.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 11 01 SP Waterstops
03 11 01 SP
WATERSTOPS

PART 1 GENERAL

1.1 DESCRIPTION:
A. Utility investigation at all connections to existing pipe and all utility crossings.

1.2 QUALITY ASSURANCE:
Reference standards.
A. U.S. Corps of Engineers, CRD C-572
B. Tennessee Valley Authority (T.V.A.) Specification No. PF-1001.

1.3 PRODUCT HANDLING:
A. Protect waterstops from damage, sun, and weather during storage.

1.4 INSPECTION:
Prior to concrete placement and after waterstops have been positioned, waterstops are to be
inspected by the Engineer for correct splicing and for correct, secure, positioning.

PART 2 MATERIALS

2.1 MATERIALS
A. Expansive rubber waterstops shall be Adeka MC -2010M, Spearfish SD, Greenstreak CJ-
1020-2K Hydrotite, St. Louis MO, or equivalent acceptable to the Engineer unless
noted otherwise on drawings.

PART 3 EXECUTION

3.1 PREPARATION FOR WATERSTOPS:
A. Waterstops shall be cut and/or spliced so that they are at least the full length of the
concrete joint.
B. End cuts shall be straight and square.

3.2 NSTALLATION OF EXPANSIVE WATERSTOPS:
A. Concrete surfaces shall be clean, dry, frost-free, and primed in accordance with the
manufacturer’s recommendations.
B. Waterstops shall be applied in accordance with the manufacturer’s recommendations
and shall adhere tenaciously to the primed concrete surface.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 11 02 SP Post-Tensioning Tendons
03 11 02 SP
POST-TENSIONING TENDONS

PART 1 GENERAL

1.1 DESCRIPTION:
This section covers the furnishing and installation of post -tensioning tendons and accessories
and the stressing of the tendons.

1.2 QUALITY ASSURANCE:
A. Reference Standards:
1. American Concrete Institute (ACI) Standards:
a. 350 Code Requirements for Environmental Engineering Concrete
Structures.
b. 315, Manual of Standard Practice for Detailing Reinforced Concrete
c. 301, Specifications for Structural Concrete
2. Concrete Reinforcing Steel Institute (CRSI) Manual of Standard Practice
3. Post-tensioning Institute (PTI), Post-Tensioning Manual
4. AWWA D115 Circular Prestressed Concrete Water Tanks With Circumferential
Tendons
5. As modified by the Contract Documents

1.3 POST-TENSIONING SUPPLIER AND INSTALLER:
A. In consideration of the unique nature of post -tensioned concrete construction,
coordination between placement of both post -tension and plain reinforcement, and
the requirements for proper structure performance, the following requirements shall
be met:
1. Post-tensioning systems shall be produced by a Post -Tensioning Institute (PTI)
Certified Plant. Post-tensioning systems shall be by VSL.
2. The sub-contractor that supplies the post-tensioning system shall be required
to superintend and place with its own personnel both the post -tensioning and
plain reinforcing steel.
3. Post-Tensioning Specialist: A specialist shall be at the site full-time to direct
the field handling, placement, and stressing of tendons. The specialist shall
have had comparable experience (acceptable to the Engineer) in post -
tensioning major structures (reservoirs or bridges) now giving satisfactory
service, and shall have at least 5 years’ experience and technical knowledge in
the particular post-tensioning system used.

1.4 SUBMITTALS:
All submittals shall be made in accordance with Section 01340.
A. Shop Drawings. Show tendon properties, sizes, spacing, quantities, dimensions,
accessories, locations, and anchorages on drawings. Indicate tendon coding, stressing

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 11 02 SP Post-Tensioning Tendons
sequence, initial and final forces, and anticipated elongations. Provide support
drawings showing all bars, chairs, blocks, or other supports.
B. Detailed computations clearly presented indicating minimum forces required,
assumed prestressing losses, final working stresses and stressing sequence, to be
submitted with shop drawings. Computations shall be performed by a registered
professional engineer specializing in prestressed concrete design.
C. Certificates: Certified mill reports on the prestressing steel used. Show ultimate
strength, modulus of elasticity and percent elongation at rupture.
D. Reports on three individual prior static tests and three individual prior dynamic tests
made in accordance with Chapter 3, PTI Post -Tensioning Manual.

1.5 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Tendons shall be delivered clearly identified for location. Each shipment shall be
accompanied by a cutting list indicating number of tendons, length, code of tendons,
anchorages, wedges, grommets, and support chairs. Fabricate tendons in a sequence
and quantity as to avoid project slow down or lengthy storage at the site.
B. Tendons shall be protected at the site against weather and damage. Rusting will not be
allowed. Damage to sheathing covering of tendons will not be allowed. Burning or
welding shall not be done in vicinity of tendons.

PART 2 MATERIALS

2.1 PRESTRESSING TENDONS
A. Strands shall be 0.5- or 0.6-in. diameter, 7-wire low relaxation strand, grade 270,
conforming to ASTM A 416.
B. Anchorages shall develop at least 95 percent of minimum specified ultimate strength
of prestressing steel without exceeding anticipated set. The total elongation under
ultimate load of tendon shall not be less than 2 percent measured in a minimum
gauge length of 10 feet.
C. All unbonded tendons shall be fully encapsulated in accordance with PTI
Specifications for a corrosive environment and completely and permanently protected
against corrosion by a properly applied coating of grease with rust inhibitor.
Unbonded tendon anchorages shall be completely coated with plastic, General
Technologies, or equivalent acceptable to the Engineer.
D. Sheathing for unbonded tendons shall be extruded onto the greased strand and shall
have a minimum thickness of 50 mils and sufficient strength and wear resistance to
resist deterioration and unrepairable damage. Sheathing shall be continuous over the
tendon length and shall prevent intrusion of cement paste and escape of coating
material. All tears or holes in sheathing shall be repaired in a waterproof fashion
acceptable to the Engineer prior to concrete placement.
E. Grouted tendons shall be manufactured by VSL. The horizontal wall tendon ducts
shall have waterproof connections. They may be covered by heat shrink plastic, 2-in.
wide Tapecoat CT by the Tapecoat Company, Evanston, Illinois or equivalent

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
03 11 02 SP Post-Tensioning Tendons
acceptable to the Engineer. Connections shall also be mechanically coupled to
prevent displacement.
F. Ducts for Grouted Tendons. The horizontal wall tendons shall be enclosed in
corrugated polyethylene ducts specially manufactured for post -tensioning tendons by
VSL. The horizontal tendon ducts shall have a minimum 2 -in. nominal inside diameter
with 3/16-in. corrugations. The ducts for vertical tendons, when bonded, shall be flat
ducts approximately 1-in. by 3-in.es inside with similar corrugations.
G. Vapor phase corrosion inhibitors for bonded tendons shall be VPI crystals, as
manufactured by Shell Oil Co., or equivalent.
H. Couplings shall not be used except at locations specifically indicated on Contract
Documents, unless otherwise approved by the Engineer.
I. Grout for injection grouting of bonded tendons shall be Prepackaged Class C per PTI
Specifications.
K. Epoxy Sealant. Epoxy sealant shall be two-component, moisture insensitive, low
viscosity, solvent free, epoxy resin, Sikadur 35, Hi-Mod LV or equivalent acceptable to
the Engineer.
L. Bonding Agent. Bonding agent shall be either a two-component, moisture insensitive
epoxy adhesive, Sikadur 32, Hi-Mod or equivalent acceptable to the Engineer, or neat
cement grout.

PART 3 EXECUTION

3.1 INSTALLATION:
A. Tendon supports shall be adequate to prevent displacement. Tie tendons to
reinforcement or chairs to secure in proper location. Tendons are to be secured at a
maximum of 4-foot centers except as noted for the floor slab tendons.
B. Placement tolerances: Tendons are to be positioned in exact locations shown within
the thickness of the member. Deviations, when required, shall be no more than ± 1/8
in..
C. Bar Supports:
1. Provide continuous #5 support bars at a maximum of four feet on center
under the roof tendons.
2. All reinforcement shall be tied to chairs to secure them from displacement
during concrete placement. Reinforcement shall be secured at a maximum distance of
four feet on center. All chairs shall be stapled to wooden soffits. Staples and tie wire only
shall be used to secure chairs to forms, except as reviewed by the Engineer.
D. Concrete shall be placed so that alignment of tendons remains unchanged.

3.2 STRESSING
A. Score the tendon tails with a grinding wheel (or by another permanent marking
method acceptable to the Engineer) at 10 in.es (or other dimension outside of the
gripper zone acceptable to the Engineer) from the anchorage prior to any stressing.
B. Prestressing force shall be determined by both of the following methods:

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 4
03 11 02 SP Post-Tensioning Tendons
1. Measurement of tendon elongation.
2. Reading of jacking force on calibrated gauge or load cell, or by use of a
calibrated dynamometer.
C. The cause of any difference in force determination between D -1 and D-2 greater than
seven percent shall be ascertained and corrected. Accurate logs of actual tendon
elongations and jacking forces shall be kept by the Contractor and submitted to the
Engineer after completion of the stressing operation and prior to removing the
stressing tails.

3.3 GROUTING OF STRESSING POCKETS
A. The stressing pockets shall be grouted as soon as practicable after the Engineer’s
review of the elongation records. Coat the stressing pockets with bonding agent and
fill with the specified non-shrink grout prior to setting or drying of the bonding agent.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 11 03 SP Formwork For AWWA D115 Tank
03 11 03 SP
FORMWORK FOR AWWA D115 TANK

PART 1 GENERAL

1.1 DESCRIPTION:
This section covers furnishing, erecting, and removing of forms for cast-in-place concrete.

1.2 QUALITY ASSURANCE:
A. Reference Standards:
1. American Concrete Institute Standards (ACI)
a. 301 Specifications for Structural Concrete.
b. 347 Guide to Formwork
c. As modified herein.
B. Design Criteria:
1. The Contractor shall design the formwork for the loads, lateral pressures and
allowable stresses outlined in Chapter 1 of ACI 347.
C. Maximum Allowable Tolerances:
1. Variation from Plumb
a. Lines and surfaces of columns, piers, and walls
1. In any 10 feet of length 1/4 in.
2. Entire length 1 in.
b. Control-joint grooves, and other conspicuous lines
1. In any 20 feet of length 1/4 in.
2. In 40 feet or more 3/4 in.
2. Variation from level or specified grade
a. Slabs, beams, and roof
1. In any 10 feet of length 1/4 in.
2. In any 20 feet of length 3/8 in.
3. Entire length 3/4 in.
3. The maximum deflection of facing materials reflected in concrete surfaces
exposed to view shall be 1/240 of the span between supporting members.
4. Refer to ACI 301 for additional requirements.

PART 2 PRODUCTS

2.1 FORM MATERIALS:
A. General: Where “Smooth Form Finish,” or “Grout Cleaned Finish” is specified, use
prefabricated plywood panel forms, job-built plywood forms, forms lined with
plywood or fiberboard, or steel forms. Where “Rough Form Finish” is specified,
unlined wooden forms may be used. Use maximum two-foot wide straight
segments to form circular tank walls. The forms may be steel or plywood.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 11 03 SP Formwork For AWWA D115 Tank
B. Steel Forms: Symons “Steel-Ply,” Simplex “Industrial Steel FrameForms,” Universal
“Uniform” or equivalent.
C. Plywood Forms: Product Standard PS-1, - waterproof, ¾ in. MDO plywood or better.
D. Fiberboard Forms: Federal Spec LLL-B-810 - Type II tempered, waterproof,
screenback, concrete form hardboard.
E. Lumber (Including Board and Batten Forms): Straight, uniform width and thickness,
free from knots, offsets, holes, dents, and other surface defects. Lumber must be
sufficiently sealed to prevent the absorption of water, form release agent, etc.
F. Chamfer strips: Clear white pine, surface against concrete planed.
G. Form ties:
1. Removable end, permanently embedded body type with waterstop.
2. Sufficient strength and rigidity to support and maintain the form in proper
position and alignment without the use of auxiliary spreaders.
3. When cones are provided on the outer ends the permanently embedded
portion shall be back a minimum of one in. from concrete surface.
4. Permanently embedded type without threaded ends shall be so constructed
so that removable ends are readily broken off (one in. back from concrete
surface) without damage to the concrete.
5. Form ties in exposed surfaces shall be uniformly spaced and aligned in
horizontal and vertical rows.
6. Taper ties may be used. Upon removal of taper ties holes will be sealed with
an A58 sure plug capable of withstanding a hydrostatic pressure of 70 ft of
liquid head.
H. Joints: Joints shall be flat, not keyed, with expansive waterstops, unless otherwise
shown on Drawings.
I. Polyethylene Film: Product Standard PS17; 6 mil.
J. Form Coating:
1. Non-staining chemical release agent that will not damage the concrete
surfaces and appropriate for use in potable water structures.
2. For all exposed surfaces not in contact with earth backfill use Symons Corp.
"Magic Kote", or equivalent.

PART 3 EXECUTION

3.1 ERECTION:
A. General:
1. Erect forms substantial and sufficiently tight to prevent leakage of mortar and
braced or tied to maintain the desired position, shape, and alignment before,
during and after concrete placement. At vertical wall joints where forms overlay
existing concrete, a mortar tight joint shall be required. Use a bead of silicone
caulking or foam joint filler against concrete before placing form. Alternate
methods shall be acceptable to the Engineer.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
03 11 03 SP Formwork For AWWA D115 Tank
2. Use adequate walers, stiffeners and braces to insure proper alignment and
stability until the wall construction is completed.
3. Provide temporary openings at the bottom of column and wall forms and at other
locations where necessary to facilitate cleaning and inspection.
4. Temporary openings in wall or column forms used to limit the free fall of concrete
to a maximum of 4 feet shall be located to facilitate placing and consolidation of
the concrete. Such openings in walls shall not exceed 8 feet laterally to avoid
moving concrete laterally more than 4 feet.
5. If tremies of proper length are used for depositing concrete in walls or columns,
temporary openings for concrete placement will not be required.
6. Bring forms to a true line and grade, or provide a wooden guide strip at the
proper location on the forms so that the top surface can be finished with a screed
or template for concrete which is to have a specified elevation, slope or contour.
7. At horizontal construction joints in walls, do not extend the forms on one side
more than 2 feet above the joint. Horizontal construction joints shall not be used
in walls of water retaining structures or exposed walls, unless reviewed and
accepted by the Engineer.
B. Embedded Items:
1. Anchor bolts, castings, steel shapes, conduits, sleeves, waterstops, masonry
anchorage and other materials that are to be embedded in the concrete shall be
accurately positioned in the forms and securely anchored.
2. Install conduits in walls or slabs with reinforcement in both faces between the two
faces of reinforcing steel.
3. In walls or slabs which have only a single mat of reinforcing steel, place conduits
near the center of the wall or slab.
4. Unless installed in pipe sleeves, provide anchor bolts with sufficient threads to
permit a nut to be installed on the concrete side of the form or template.
5. Install a second nut on the other side of the form or template and adjust the two
nuts so the bolt will be held rigidly in proper position.
6. Assure embedments are clean when installed.
7. After concrete placement, clean surfaces not in contact with concrete of concrete
mortar and other foreign substances.
C. Preparation of Form Surfaces:
1. Remove mortar, grout, and other foreign material from form surfaces.
2. Coat form surfaces with form coating material before either the reinforcing steel
or concrete is placed. Ensure that dimension lumber board and batten forms are
properly sealed so that they do not absorb form coating or water.
3. Do not allow form coating to:
a. Stand in puddles in the forms.
b. Come in contact with the reinforcing steel.
c. Come in contact with adjacent hardened concrete against which fresh
concrete is to be placed.
D. Edges and Corners:

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 4
03 11 03 SP Formwork For AWWA D115 Tank
1. Place chamfer strips in forms to bevel exposed edges and projecting corners. Tool
the top edges of walls and slabs not indicated on the Drawings to be beveled.
2. Form beveled edges for all vertical and horizontal corners of equipment bases
unless indicated otherwise on the Drawings.
3. Chamfer strip shall be 3/4 in. unless indicated otherwise on the Drawings.
E. Removal:
1. Do not remove or disturb forms until the concrete has attained sufficient strength
to safely support all dead and live loads.
2. For prestressed beams, slabs, and similar sections the shores and supports shall
remain in place until the concrete has reached 85 percent of the specified 28 -day
strength and the post-tensioning operation is complete. Determine strength from
maturity meters or job cured cylinder breaks. Cylinders shall be job cured in same
manner as the formed concrete.
3. Retain shoring in place and reinforce as necessary to carry out construction
equipment, materials or other loads in excess of cured strength. Brace walls and
columns after removal of forms to resist wind and construction loads.
4. Use care in form removal to avoid surface gouging, corner, or edge breakage,
and other damage to the concrete.
5. Do not commence form removal for concrete not yet supporting loads, earlier
than the following schedule, unless field cured cylinders and/or maturity meters
indicate the concrete has reached 85 percent of the specified 28 -day strength:
a. Walls and columns 16 hours
b. Vertical sides of beams and girders 24 hours
c. Bottom forms and shoring for nonprestressed slabs,
1. beams and girders under 10 feet clear span
2. between permanent supports. 7 days
d. Bottom forms and shoring for nonprestressed slabs,
1. beams and girders between 10 and 20 feet clear
2. span between permanent supports. 14 days
e. Bottom forms and shoring for nonprestressed slabs,
1. beams and girders over 20 feet clear span between permanent
supports. 21 days
6. Refer to ACI 347, Chapter 2, for additional requirements.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 20 01 SP Reinforcement for AWWA D115 Tank
03 20 01 SP
REINFORCEMENT FOR AWWA D115 TANK

PART 1 GENERAL

1.1 DESCRIPTION:
This section covers furnishing and installing steel bars and welded wire fabric for concrete
reinforcement.

1. QUALITY ASSURANCE:
A. Reference Standards:
1. American Concrete Institute Standards (ACI)
a. 301 Specifications for Structural Concrete.
b. 315 Manual of Standard Practice for Detailing Reinforced Concrete
Structures.
c. 350 Code Requirements for Environmental Engineering Concrete
Structures.
2. As modified herein or on the Drawings.
B. Allowable Tolerances:
1. Fabrication Tolerances
a. Sheared length: + 1 in.
b. Depth of truss: +0, -1/4 in. for concrete thickness 24 in.es or less and
+0, -1/2 in. for concrete thickness over 24 in.es.
c. Overall dimensions of stirrups, ties, and spirals: +0, -1/4 in. for concrete
thickness 24 in.es or less and +0, -1/2 in. for concrete thickness over 24
in.es.
d. All other bends + 1 in..
2. Placement Tolerances
See Section 3-2.C
C. Welding:
Do not weld reinforcement except where indicated on the Drawings for welded splices.
Tack welding of reinforcement is not permitted, except where specified by the Engineer.

1.3 SUBMITTALS:
All submittals shall be made in accordance with the General Conditions.
A. Shop Drawings:
1. Before fabrication of reinforcing steel, the Contractor shall review and approve
shop drawings, bar lists, fabrication and setting drawings and shall submit the
same to Engineer for review.
2. Show sizes, quantity and dimensions for fabrication and placing of reinforcing
bars and bar supports. Indicate bar schedules, stirrup spacing, and diagrams of
bent bars.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 20 01 SP Reinforcement for AWWA D115 Tank
B. Certificates: Mill test certificates identifying chemical and physical analysis of each load
of reinforcing steel delivered.
C. Manufacturer's Literature: Manufacturer's specifications and installation instructions for
splice devices when these devices are called for on the Drawings.

1.4 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Deliver to site in bundles marked with metal tags indicating bar size and length.
B. Carefully handle and store on supports that will keep the steel from coming in contact
with the ground or standing water.

PART 2 PRODUCTS

2.1 REINFORCEMENT BARS:
A. Bars: Steel reinforcement bars shall be new, deformed billet steel, meeting ASTM A 615;
Grade 60 for reinforcing bars No. 4 and larger; Grade 40 for No. 3 reinforcing bars and
designated reinforcement.
B. Tie Wire: Annealed steel, Fed. Spec. QQ-W-461, 16 gauge minimum.
C. Fabrication: In accordance with CRSI Manual of Standard Practice except for the
allowable tolerances specified herein in 1-2B.

2.2 BAR SUPPORTS:
A. Conform to "Bar Support Specifications," CRSI Manual of Standard Practice.
B. The portions of the supports or accessories within ½ in. of the concrete surface shall be
coated with plastic at least 3/32-in. thick at points of contact with the formwork. Other
requirements shall be in accordance with Class 1, maximum protection, plastic protected
bar supports, in Chapter 3 of the Manual of Standard Practice by CRSI.
C. The concrete block supports at the base of the wall and for the slab -on-grade shall be
a minimum of 4000 psi compressive strength. They shall be 3- or 4-in.es square,
thickness as required.

PART 3 EXECUTION

3.1 PREPARATION:
A. Remove all mud, oil, loose rust or mill scale or other foreign materials that may reduce
bond.
B. Rust or mill scale that is "tight" will be permissible without cleaning or brushing provided
weights, dimensions, cross-sectional area, and tensile properties meet requirements of
ASTM A 615.

3.2 INSTALLATION:
A. Bar Placement:
1. Conform to CRSI-WCRSI "Placing Reinforcing Steel."

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Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
03 20 01 SP Reinforcement for AWWA D115 Tank
2. Reinforcement shall be supported and wired together to prevent displacement
by construction loads or the placing of concrete.
B. Bar Supports:
1. Provide at least the number of supports as required by ACI 315.
2. All reinforcement shall be tied to chairs to secure them from displacement
during concrete placement. Reinforcement shall be secured at a maximum
distance of four feet on center. All chairs shall be stapled to wooden soffits.
Staples and tie wire only shall be used to secure chairs to forms, except as
reviewed by the Engineer.
3. Do not use pebbles, pieces of broken stone, common or face brick, metal pipe
or wood blocks to support reinforcement.
4. Spacing of supports for the floor tendons and reinforcement shall be at the
spacing of the bars, each way.
C. Placement Tolerances:
1. Clear distance to formed surface: See 3-2D Concrete Cover 1. and 2.
2. Minimum spacing between bars: -1/4 in.
3. Top bars in slabs and beams: See 3-2D Concrete Cover 1 and 2.
4. Spacing crosswise of members: Spaced evenly within 2 in.es.
5. Lengthwise of members: + 2 in.es.
6. Maximum bar movement to avoid interference with other reinforcing steel,
conduits, or embedded items: one bar diameter. If bars are moved more than
one bar diameter, or enough to exceed the above tolerances, the resulting
arrangement of bars may be rejected by the Engineer.
D. Concrete Cover:
1. Except as otherwise indicated on the Drawings, provide the following minimum
concrete cover for reinforcement.
a. Unformed surfaces adjacent to excavation
Non-prestressed Concrete 3 in.es
b. Formed or top surfaces exposed to weather or saturated air,
submerged or in contact with earth
Non-prestressed Concrete 2 in.es
Prestressed Concrete 1 ½ in.es
c. Other locations:
Bars in beams or columns, including stirrups & ties: 2 in.es
2. Cover for reinforcing steel shall not be less than the minimum given above (no
minus tolerance), and shall not exceed the minimum by more than 1/4 in.
where concrete thickness is 24 in.es or less, or more than ½ in. where the
concrete thickness is more than 24 in.es.
3. For circular columns and drilled piers, three equally spaced plastic disks (Plas -
T-Clips) distributed by Spillman Company, Columbus, Ohio or equivalent
(acceptable to Engineer) at 4 feet on center shall be used to space the column
reinforcing away from the forms and drilled pier reinforcement away from the
earth.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 4
03 20 01 SP Reinforcement for AWWA D115 Tank
E. Reinforcement Adjustment:
1. Move only as stated under 3-2 C 6.
2. Do not heat, bend, or cut bars without Engineer's acceptance.
3. Grade 60 bars shall not be bent after being partially embedded in hardened
concrete.
F. Splices:
1. Do not splice bars except at locations shown on the Drawings without the
Engineer's acceptance.
2. Minimum lap distance shall be as shown on the Drawings. If not shown, splices
shall be Class B tension lap splice as specified in ACI 350.
3. Tie splices securely to prevent displacement by construction loads or during
placement of concrete.
4. Splices in horizontal wall reinforcement in circular tanks shall be staggered
such that no more than one bar in two is spliced in any four foot wide vertical
section.
5. Reinforcement shall be continuous around corners or corner bars provided.
G. Welding: Reference 1-2C, 1-3C and 2-1E.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 30 04 SP Concrete
03 30 04 SP
CONCRETE

Add the following subparagraph:

2.5 MIX DESIGN
A. Selection of Cement:
1. Concrete used for this project, except as required for AWWA D115 Tank (See 03 30 11
SP), shall be 4500 Class Concrete conforming to the following specification:
Concrete Properties Concrete Classification
4500
Coarse Aggregates (see requirements shown below)
Maximum Water/Cement Ratio***
Slump (in.es)
Air Content (percent)
Required Average 28 Day Compression Strength Test (psi)
Required Minimum 28 Day Compression Strength Test (psi)

0.45
2.0 to 4.0
5.0 to 7.0
4700
4300
Notes:  All concrete installed shall be f’c 4500 unless otherwise required in the Contract Documents.
 When water reducing agents are not used.
 Cement content shall be appropriate to produce a mixture meeting the requirements for
water/cement ratio and workability for the specific job conditions.
 One strength test shall be the average of the strengths of at least two 6x12 in. cylinders or at least
three 4x8 in. cylinders made from the same sample of concrete and tested at 28 days or at test
age designated for f’c. (ACI 318-14 26.12.1.1)

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 30 10 SP Concrete Placement (Cold Weather Conditions)
03 30 10 SP
CONCRETE PLACEMENT
(COLD WEATHER PROCEDURES)

Add the following items to Section 03 30 10 when the Definition of Cold Weather is met.

Definition of Cold Weather: Cold weather is defined as a period when for more than three (3)
successive days the mean daily temperature falls below 40º F or any day when the temperature is
expected to fall or falls below freezing.

PART 1 GENERAL

1.1 REFRENCES
A. APWA:
1. Section 03 30 04: Cast-In-Place Concrete
2. Section 03 39 00: Concrete Curing
3. Section 03 30 10: Concrete Placement

1.2 SUBMITTALS
A. Not less than 30 days prior to expected placement of concrete under cold weather
conditions, a complete procedure shall be submitted for review covering all aspects of
protection of concrete and its ingredients from the detrimental effects of cold
weather. Concrete placement during cold weather shall not commence prior to return
of the procedure marked “Reviewed”.

1.3 QUALITY ASSURANCE
A. The concrete temperature, during placement in cold weather, shall not be less than
50º F. Temperature measurements of the concrete as delivered to the job site shall
confirm this requirement.

PART 2 PRODUCTS

2.1 MATERIALS
A. Water and aggregates may be preheated for cold weather placement; however, their
temperature shall not exceed 150o F. All methods and equipment for heating of water
and aggregate shall be subject to the approval of the Engineer and shall conform to
ACI 306.

PART 3 EXECUTION

3.1 PREPARATION
A. No concrete shall be placed on frozen ground.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 30 10 SP Concrete Placement (Cold Weather Conditions)
B. The ground, against which concrete is to be poured, must be protected against
freezing after its preparation, or the concrete placement shall be delayed until the
ground has fully thawed out.
C. When temperatures are expected to be below 32 o F. the night before the concrete is
placed, then all reinforcing steel, forms and the ground shall be preheated, for a
minimum of 12 hours, under a minimum temperature of 50 o F.
D. When temperatures are expected to be below 32 o F any time before the concrete has
reached a strength of 1000 psi, the concrete must be adequately protected against
frost damage by heating blankets, straw, or insulation materials for a minimum of 7
days or until at least 1000 psi concrete strength has been reached. The concrete
temperature shall at no time fall below 40o F based on recording temperature
monitors placed at a maximum of 50 feet on centers, each way, and around the
circumference of the floor slab, and retaining wall. Contractor shall provide heat as
required to keep the concrete temperature as specified throughout the entire curing
period of 7 days.
E. Weather prediction made by the nearest NOAA station, and corrected for the local
elevation and environmental conditions, may be used to determine whether cold
weather protection shall be required. Thermometers will be used by the Engineer and
these readings shall determine whether cold weather protection shall be required and
whether cold weather protection is adequate.
F. When combustion type heaters are used to maintain concrete temperatures within an
enclosure, the exhaust gases shall be vented from the heater to the outside
atmosphere so that the concrete is not exposed to the products of combustion.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
03 30 11 SP
CAST-IN-PLACE CONCRETE FOR AWWA D115 TANK

PART 1 GENERAL

1.1 DESCRIPTION:
A. This section covers cast-in-place concrete, including furnishing materials, transporting,
placing, finishing, curing and other appurtenant items of construction.
B. Inform Engineer at least 2 weeks in advance of time and places at which Contractor
intends to place concrete. All preparation work for concrete placements shall be
substantially completed at least 2 workdays prior to the scheduled start of concrete
placement to allow for the Engineer's review and any necessary corrections.

1.2 QUALITY ASSURANCE:
A. Reference standards.
1. Except as noted or modified in this Section, all concrete materials,
transporting, placing, finishing, and curing shall conform to requirements of
following standard specifications:
a. American Concrete Institute Standards (ACI)
1) 301 Specifications for Structural Concrete.
2) 304 Recommended Practice for Measuring, Mixing,
Transporting, and Placing Concrete.
3) 304 Placing Concrete by Pumping Methods.
4) 305 Recommended Practice for Hot Weather Concreting.
5) 306 Recommended Practice for Cold Weather Concreting.
6) 308 Standard Practice for Curing Concrete.
7) 309 Recommended Practice for Consolidation of Concrete.
8) 350 Code Requirements for Environmental Engineering
Concrete Structures.
b. American Society for Testing and Materials (ASTM).
B. Contractor shall keep at least one copy of above listed ACI publications, latest edition,
in project field office at all times.
C. Any material or operation specified by reference to the published specifications of a
manufacturer shall be complied with unless directed otherwise by the Engineer.
D. In case of a conflict between the referenced specifications or standards and this
Specification, the one having the more stringent requirements, as determined by the
Engineer, shall govern.

1.3 SUBMITTALS:
All submittals shall be made in accordance with the General Conditions. Mix designs, shop
drawings and catalog information shall be submitted for related equipment and components,
in order to show that concrete and items selected and to be installed by the Contractor

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
generally conform to the Contract Documents . Submittal information includes, but is not
necessarily limited to the following:
A. Miscellaneous product information.
1. Catalog information and shop drawings for: waterstops, admixtures, bonding
agents, membrane curing compound, joint sealer, embedded items, non-
shrink grout, wedge-type expansion anchors, and other concrete
appurtenances.
B. Proposed concrete mix design. (Note: Contractor shall be responsible for fully
informing the concrete supplier of all specification requirements regarding the
concrete mix before the proposed mix design is submitted.)
1. The proportions of ingredients shall be selected to produce the proper
workability (slump), durability (air content), strength, maximum
water-cementitious materials ratio, time of set and other required properties
of Sections 2-1 and 2-2.
The proportion of ingredients shall be such as to produce a mixture with
slump and durability that will work readily into the corners and angles of the
forms and around reinforcement by the methods of placing and consolidation
employed on the work. Do not permit the materials to segregate or excessive
free water to collect on the surface.
An independent testing laboratory acceptable to the Engineer shall perform
concrete trial mixtures and testing. The costs of the mix designs and testing
shall be borne by the Contractor.
2. Prior to commencing concrete work, submit and obtain Engineer's review of
certified test reports describing proposed concrete mix design, which shall be
prepared in compliance with ACI Standard 301, with concrete proportions
established on the basis of previous field experience or laboratory trial
batches, except as modified herein. Test reports shall also include:
a. Fine aggregates - Source, type, gradation, deleterious substances, and
bulk specific gravity on basis of weight of saturated surface-dry
aggregate. ASTM C 128.
b. Coarse aggregate - Source, type, gradation, deleterious substances,
and bulk specific gravity on basis of weight of saturated surface-dry
aggregate. ASTM C 127.
c. Ratio of fine to total aggregates.
d. Weight (saturated surface-dry) of each aggregate per cubic yard.
e. Total water content in gallons per cubic yard.
f. Slump on which design is based.
g. Brand, type, and quantity of cement.
h. Brand, type, and quantity of admixtures.
i. Water-cementitious materials ratio (shall be not greater than specified
in Part 2-2).
j. Air content (which shall be within the upper half of the allowable
range).

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
k. For the laboratory trial batches method, the determination of the
cementitious materials content necessary to attain the required
strength and other properties, without exceeding the maximum
water-cementitious materials ratio, shall be by preliminary tests in
accordance with the following procedures:
Concrete trial mixtures having proportions and consistency suitable for
the work shall be made using at least three different cementitious
materials contents which will produce a range in strengths
encompassing those required for the work.
Proportions of ingredients shall be determined and tests conducted in
accordance with the basic relationships and procedures outlined in
"Recommended Practice for Selecting Proportions for Normal and
Heavy-Weight Concrete (Part I):" (ACI 211.1).
For each cementitious materials content, at least three specimens for
each age to be tested shall be made and cured in accordance with
"Method of Making and Curing Concrete Compression and Flexure
Test Specimens in the Laboratory" (ASTM C 192) and tested f or
strength at 1, 7, and 28 days. Tests shall be conducted in accordance
with "Method of Test of Compressive Strength of Molded Concrete
Cylinders" (ASTM C 39).
From the results of these tests, a curve shall be plotted showing the
relationship between cementitious materials content and the average
28-day compressive strength. The minimum cementitious materials
content to be used shall be that value shown by the curve to produce
a strength of at least 1500 psi in 24 hours and at least 1200 psi greater
than the 28-day strength specified. In any case, the minimum
cementitious materials content shall not be less than that specified in
Part 2-2.
If the previous field experience method is used in proportioning, the
strengths shall be in compliance with ACI 301. In addition, the
Contractor shall demonstrate the ability of the proposed mixture
proportions to produce concrete meeting all the requirements of
these Specifications.
l. Maturity meter calibration curves.
. 3. In addition to the test data described above, when it is expected that concrete
will be placed under hot weather concrete conditions as defined in Section 03
30 11, Part 1-6.C, trial batches shall be tested at the maximum temperature
that the concrete is expected to be placed. Alternatively, sufficient records
may be submitted that show field concrete performance under these
temperatures and which are acceptable to Engineer.
C. Cylinder compression test reports.
1. Submit 2 copies of certified test reports to Engineer for 1-3.B.2.K.
D. Ready-mix delivery tickets.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 4
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
1. Submit delivery tickets for each load at time of delivery indicating following:
a. Quantity delivered with Mix Identification Number.
b. Quantity of each material in batch.
c. Outdoor temperature in shade.
d. Time at which water was added.
e. Elapsed time between when water was added and concrete load was
in place.
f. Amounts of initial and supplemental water added, including any
corrections for water in aggregate. Note: Total water amount shall
result in a water-cementitious materials ratio not greater than the
maximum permissible.
g. Name of individual authorizing supplemental water.
h. Numerical sequence of delivery by indicating cumulative yardage
delivered on each ticket.

1.4 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Cementitious materials.
1. Store in weather-tight enclosures and protect against dampness, contami-
nation and warehouse set.
2. Do not use cementitious materials that have become caked or lumpy.
B. Aggregates.
1. Stockpile to prevent excessive segregation, or contamination with other
materials or other sizes of aggregates.
2. Use only one supply source for each aggregate stockpile.
3. The bottom 6 in. of all aggregate piles in contact with ground shall not be
used.
4. Frozen or partially frozen aggregates shall not be used.
C. Admixtures.
1. Store to prevent contamination, evaporation, or damage.
2. Protect liquid admixtures from freezing or harmful temperature ranges.
3. Agitate emulsions prior to use.
D. Rubber and plastic materials.
1. Store in cool place away from direct sunlight.
E. Mixing and transporting ready-mixed concrete.
1. Maximum elapsed time from time water is added to mix until concrete is in
place shall not exceed 1-1/2 hours when concrete is transported in revolving
drum truck bodies unless all other provisions of these specifications can be
met, including maximum water-cementitious materials ratio, workability,
strength, and air content. Comply with ASTM C 94.

1.5 JOB CONDITIONS:
A. Environmental requirements:

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 5
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
1. Do not place concrete during rain, sleet, or snow unless adequate protection
is provided, and Engineer's approval is obtained.
2. Do not allow rainwater to increase mixing water or damage surface finish.
3. For cold or hot weather concreting conditions, lab cured cylinder tests may
not be an accurate indication of field achieved strengths . Under these weather
conditions, the Engineer may require job cured cylinder breaks to determine
field strength (cylinders to be job cured in same manner as the in -place
concrete.) The Contractor shall pay for testing. Refer to Section 03300, part
3-10 for related items to be furnished by Contractor. If cold or hot weather
concreting practices specified in Sections 1-6.B and 1-6.C are not adhered to,
the Engineer may require Contractor, at Contractor's expense, to provide
additional pullout tests in accordance with ASTM C 900, job cured cylinder
tests, or 2-in. diameter cored samples from areas in question to determine
field strengths achieved.
4. Changes in temperature of the concrete shall be as uniform as possible and
shall not exceed 10 Degrees F. in any 1-hour or 45 Degrees F. in any 24-hour
period.
B. Cold Weather Concreting. Conform to ACI 306, "Cold Weather Concreting" in
addition to this specification.
1. Temperature of concrete when placed shall not be less than following:
Minimum Concrete Temp, C.
Air Temp. Sections with least dimension
Degrees F Under 12 in. 12 in. and Over
30 to 45 60 50
0 to 30 65 55
Below 0 70 60
If water or aggregate has been heated, the water and aggregate shall be
combined in the mixer before cementitious materials are added . Cementitious
materials shall not be added to mixture of water and aggregate when the
temperature of the mixture is greater than 95 F.
2. When placed, heated concrete shall not be warmer than 80 F.
3. Prior to placing concrete, all ice, snow, surface, and subsurface frost shall be
removed, and temperature of surfaces to be in contact with new concrete
shall be raised to a minimum of 35 F.
4. Protect concrete from freezing during specified curing period . See Part 3-9,
Curing, for temperature to be maintained during initial curing period.

5. When the mean daily temperature of the atmosphere is less than 40 F., forms
shall be left in place a minimum of 5 days to aid in retaining heat.
6. Heated enclosures shall be strong and windproof to insure adequate
protection of corners, edges, and thin sections.
7. Do not permit heating units to locally heat or dry concrete.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 6
03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
8. Do not use combustion heaters during first 24 hours unless concrete is
protected from exposure to exhaust gases, which contain carbon dioxide.
9. If air temperatures drop below 35 F., the Contractor shall install a high -low
temperature gauge into the most exposed portion of concrete during the
curing protection period. The gauge shall be equipped to register the lowest
overnight temperature. If the concrete temperature drops below the specified
temperature, the curing period shall be extended until the degree-days (Part
3-9) are satisfied.
10. Refer to ACI 306 for further requirements.
C. Hot Weather Concreting: Conform to ACI 305, "Hot Weather Concreting" in addition
to this specification.
1. Take precautions when ambient air temperature is 90 F. or above. These
measures may include installation of windbreaks, shading, fog spraying,
sprinkling, ponding, or wet covering of a light color. If daytime highs are
expected to exceed 100 F., floor and roof slab concrete shall be placed
overnight, with placement commencing not prior to 3 hours before sunset.
2. Temperature of concrete when placed shall not exceed 85 F.
3. Cool forms and reinforcing to a maximum of 90 F. by spraying with water
prior to placing concrete.
4. Do not use cementitious materials that have reached a temperature of 105 F.
or more at the time they enter the concrete mix.
5. Prevent plastic shrinkage cracking due to rapid evaporation of moisture.
6. Do not place concrete when evaporation rate (actual or anticipated) is 1.0 kg
per square m per hour or above, as determined by Figure 2.1.5 of ACI 305.
7. Set-retarding and water-reducing admixtures may be used when the ambient
air temperature is 90 F. or above to offset accelerating effects of high
temperature.
8. Refer to ACI 305 for further requirements.
D. Protection from Mechanical Injury: During the curing period, the concrete shall be
protected from damaging mechanical disturbances particularly load stresses, heavy
shock, and excessive vibration. All finished concrete surfaces shall be protected from
damage caused by construction equipment, materials, or methods and by rain or
running water. Self-supporting structures shall not be loaded in such a way as to over -
stress the concrete.

PART 2 PRODUCTS

2.1 CONCRETE MATERIALS:
A. Cement shall conform to the "Standard Specification for Portland Cement," ASTM C
150, Type II low-alkali. Once cement type is chosen, the type and source shall remain
the same throughout the project.
Fly ash shall be Class F (ASTM C 618).
B. Aggregates.

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1. Fine aggregate - ASTM C 33.
2. Coarse aggregate - ASTM C 33 Size No. 57 or 67.
3. Once aggregates are chosen, the same source and type of aggregates shall
be used throughout the project.
C. Water.
1. Shall be clean, fresh, and free from injurious amounts of oils, acids, alkalis,
salts, organic materials, or other substances that may be deleter ious to
concrete or reinforcement.
D. Admixtures.
1. Use only as specified or reviewed and acceptable to Engineer.
2. Include any admixtures to be used in the proposed concrete mix designs.
3. Calcium chloride is not permitted as an admixture or as an ingredient of an
admixture.
4. Air-entraining Admixture: ASTM C 260.
5. Water-Reducing and Retarding: ASTM C 494. Use high range water reducing
admixture only as specified or if acceptable to the Engineer.
E. Tests for Chloride Ions.
1. For all concrete in which aluminum or galvanized metal is to be embedded, it
shall be demonstrated by tests in accordance with AASHTO T -260 that the
hardened concrete, including the aggregates, cementitious materials and any
admixtures used, will not contain more than 0.06 percent water soluble
chloride ions by weight of cement.

2.2 CONCRETE PRODUCTION:
A. Ready-mixed concrete.
1. Mixed and delivered, ASTM C 94.
2. Retempering. Indiscriminate addition of water to increase slump shall be
prohibited.
Concrete shall be mixed only in quantities required for immediate use .
Concrete that has partially set shall not be retempered, but shall be discarded.
When concrete arrives at the project with slump below that suitable for
placing, first the concrete shall be remixed for at least one minute at mixing
speed. If the slump is still too low, water may be added only if neither the
maximum permissible water-cementitious materials ratio nor the maximum
slump is exceeded. The water must be incorporated by additional mixing
equal to at least half of the total mixing required . The Engineer must review
such addition.
B. Batching and mixing equipment.
1. Conform to "Recommended Practice for Measuring, Mixing, Transporting and
Placing Concrete," ACI 304.
C. Proportioning.
1. Proportion ingredients to produce a well-graded mix of high density and
maximum workability consistent with the accepted mix design.

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2. Entrained air, 6 ± 1½ percent for ASTM C 33 Size 67 or 57 coarse aggregate.
Refer to ACI 301 for air entrainment required for other coarse aggregate sizes .
3. Time of Set.
Six hours plus or minus one hour.
4. Strength and General Requirements.
Design and proportion concrete to meet the following minimum compressive
strengths and other criteria:
Design ASTM Minimum Minimum Maximum
Strength C 33 Slump Cement Fly Ash W-C
28-Day Aggregate Content Content Materials
Location (psi) Size No. ± 2.0 in. lb/yd3 lb/yd3 Ratio*
All Tank Concrete 4,500 57 or 67 5.0 525 120 0.40
Cold Weather Slabs 4,500 57 or 67 5.0 600 0 0.40

*The maximum water-cementitious materials ratio by weight, which shall be based on all water in the
mix, including correction for moisture in aggregates, and shall be based on the total cementitious
materials including cement and fly ash, if any.

2.3 CONCRETE ACCESSORY MATERIALS:
A. Curing Materials.
1. Sheet material: ASTM C 171
2. Liquid membrane: membrane-curing compound shall be in accordance with
ASTM C 309. Membrane curing compound shall be sprayable, 18% minimum
solids content, US Spec Max Cure Resin Clear High Solids or equivalent
acceptable to Engineer.
B. Joint Sealers.
1. Joint Sealer: Joints indicated on Drawings, shall be sealed with a polyurethane
joint sealer material of uniform, non-sag or self-leveling consistency as
indicated. The sealant shall, when installed, tenaciously adhere to primed
concrete surfaces and shall remain permanently elastomeric.
The material shall be of a type that will, when properly installed, effectively and
permanently seal joints subject to minor movements. Install with primer and
cure in accordance with the manufacturer's instructions and
recommendations.
Except as noted on the Drawings, joint sealer shall be Sikaflex 2C -NS or 2C-SL
Elastic Sealant/Adhesive, as manufactured by Sika Chemical Corporation or
other material acceptable to the Engineer. Add color as required to match
adjacent surfaces where exposed to view.
C. Non-Shrink Grout: Non-shrink grout shall be "Masterflow 713" or equivalent
acceptable to the Engineer. Grouts with iron filings are not acceptable. The grout shall
be compatible with the surface to be bonded.
D. Epoxy Bonding Agent: Bonding agent shall be a two component moisture insensitive
epoxy adhesive, Sikadur 32, Hi-Mod or equivalent acceptable to the Engineer.

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E. Expansion Joint Filler Material: Joint filler material shall be closed cell neoprene or
rubber conforming to ASTM D 1056, Grade 2A3 . Material shall be glued securely to
concrete surfaces.
F. Wedge-Type Expansion Anchors: Expansion bolts and anchors fastened to concrete
shall be stainless steel; "KWIK-BOLT" manufactured by Hilti, Inc., Phillips Red Head
wedge anchors, or equivalent acceptable to Engineer.
G. Epoxy Sealant: Epoxy sealant shall be a two-component, moisture insensitive, low
viscosity, solvent free, epoxy resin, Sikadur 35, Hi-Mod LV or equivalent acceptable to
the Engineer.
H. Concrete Support Blocks: Concrete support blocks for the floor reinforcement and the
support of the vertical reinforcement at the base of the wall shall be a mixture of
portland cement, sand, and water with a minimum compressive strength of 4000 psi.
J. Waterstops: Expansive waterstops shall be Adeka or Greenstreak, size as indicated on
the drawings, see Spec. section 3253

PART 3 EXECUTION

3.1 INSPECTION:
A. General.
1. Assure that excavations and formwork are completed.
2. Assure that dirt, mud, encrusted concrete, debris, and excess water have been
removed.
3. Check that reinforcement is properly positioned and secured in place.
4. Verify that expansion joint material, anchors, and other embedded items are
secured in proper position.

3.2 PREPARATION:
A. General.
1. Remove any hardened concrete and foreign material from inner surface of
conveying equipment.
2. Prepare slab subgrade in accordance with ACI 301 and ACI 350, appendix H.
3. Designate limits of each placement and obtain Engineer's review of entire
installation prior to proceeding.
B. Concrete placed against gravel or crushed stone.
1. Prevent loss of water from concrete with a minimum 2 in. layer of material
having 25 percent fines passing a No. 4 sieve.
C. Concrete placed against hardened or existing concrete.
1. Prior to placing fresh concrete against surface of hardened concrete,
complete the following:
a. Remove all laitance, foreign substances (including curing com pound),
wash with clean water, and thoroughly wet hardened surface before
placing fresh concrete.

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b. Apply bonding agent at blockouts, cutouts and in locations directed
by Engineer.

3.3 PLACEMENT:
A. Conveying.
1. Convey concrete from mixer to final position as rapidly as practicable without
segregation or loss of material.
2. Use only metal or metal-lined chutes with maximum length of 20 ft, having a
maximum slope of 1 vertical to 2 horizontal, and a minimum slope of 1 vertical
to 3 horizontal.
3. Provide a hopper at the end of long-belt conveyors and chutes not meeting
the requirements in 2. above.
4. Conveying by pumping methods shall conform to ACI 304, Chapter 9.
B. Depositing in Walls.
1. Deposit concrete in a continuous operation until section is completed.
2. Place concrete in approximately horizontal layers 2 ft maximum thickness.
3. Each layer of concrete shall be plastic when covered with following layer.
4. Rate of vertical rise not more than 2 ft per hour unless formwork is designed
for higher pressures.
5. Provide placement capacity as necessary to comply with these requirements
with construction and other joint locations shown on the Drawings.
6. Maximum height of concrete free fall, 4 ft.
7. Pump concrete or use a tremie having varying lengths for placing concrete in
columns and walls to prevent free fall of more than 4 ft.
8. Concrete shall not be dropped through reinforcing steel nor subjected to any
other procedure that will cause segregation.
9. Place concrete in wall or column forms at least 24 hours prior to the time
concrete or any reinforcing steel is placed in the system to be supported by
such walls or columns except as noted below.
10. Do not exceed 6 ft of vertical height for any portion of a wall or column
placed monolithically with floor or roof slab.
11. Allow concrete to thoroughly settle before top is finished . Remove all laitance,
debris, and surplus water from surfaces at tops of forms by screeding,
scraping, or other effective means.
12. Overfill forms wherever top of a wall will be exposed to weathering and after
concrete has settled, screed off excess.
13. See section 3-4 C. for preparation of construction joints prior to placing wall
concrete.
C. Depositing in Floor and Roof Slabs.
1. Deposit concrete in a continuous operation until section is completed.
2. Concrete shall be deposited as nearly as practicable to its final position to
avoid segregation due to rehandling or flowing.

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3. Concrete shall be covered with 6 mil thick plastic 12 ft wide or Burlene,
overlapped approximately 1.5 ft, prior to the development of plastic shrinkage
cracks, Confilm or other evaporation retarders may be used in lieu of plastic
sheeting.
D. Consolidation
1. During and immediately after placement, thoroughly compact and work
around all reinforcements, embedments, and into corners of forms,
eliminating all air or stone pockets that may cause honeycombing, pitting, or
planes of weakness.
2. Use mechanical vibrators that will maintain at least 9,000 cycles per minute
when immersed in concrete.
3. Minimum horsepower per vibrator shall be 1-1/2.
4. Number and type of vibrators shall be as acceptable to Engineer . A spare
vibrator will be available at all times in case of mechanical problems.
5. Over-vibrating and the use of vibrators to transport concrete laterally in forms
will not be allowed.
6. Vertically insert vibrators at points approximately 2 ft apart and to a depth to
penetrate 6 in. into the preceding layer.
7. Vibrate each location for a length of time to obtain adequate consolida tion
(generally 5 to 15 seconds).

3.4 JOINTS:
A. Watertight joints.
1. Use at all locations where water is to be contained, groundwater is to be
resisted and as shown on Drawings.
B. Expansion and contraction (control) joints.
1. At locations shown on Drawings.
2. Extend reinforcement continuously through joints, except "Expansion Joints,"
unless specifically shown on Drawings.
3. Form joint with felt, ASTM D 2475, where "bond breaker" is indicated.
4. Flexible joint filler material as indicated in Part 2-3, shall be used in Expansion
Joints.
5. Expansion and contraction joints shall be caulked with a joint sealer as
indicated in Part 2-3.
C. Construction joints.
1. Provide where shown on Drawings.
2. Obtain Engineer's approval for proposed locations of construction joints not
shown on Drawings or for proposed elimination of construction joints shown
on Drawings.
3. Locate joints to least impair the strength and serviceability of the structure,
generally as follows:
a. Columns and walls.

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1) At underside of beams, girders, haunches, drop panels, slabs,
and at floor levels.
2) All haunches and drop panels shall be considered as parts of
supported floor or roof and shall be placed monolithically
therewith.
b. Suspended slabs.
1) At or near mid-span in flat slab construction.
c. Construction joints in walls, beams, girders, and slabs shall be
perpendicular to planes of their surfaces, with expansive rubber
waterstops, and shall not be keyed except as shown on Drawings.
d. Maximum length of wall segments without construction joints shall be
500 ft or as shown on the Drawings.
4. The surfaces of concrete to be cast against shall be thoroughly cleaned and all
laitance removed. Concrete shall be vibrated adequately to prevent
honeycombing at the joint.
5. Construction joints shall require bond.
6. Joints where indicated on Drawings or where directed by the Engineer to
receive an epoxy bonding agent shall have been prepared and the bonding
agent applied in accordance with the manufacturer's recommendations prior
to placing fresh concrete.

3.5 EMBEDDED ITEMS:
A. Refer to Concrete Formwork — Section 03 11 03 SP - Part 3-1B.

3.6 FINISHING EXPOSED SURFACES:
A. Finishing unformed surfaces.
1. Slabs for aprons, slabs-on-grade, and tops of walls.
a. Provide surface conforming to proper elevation and contour. Except
as noted otherwise on the Drawings, all walks and slabs shall slope 2
percent away from buildings. All other walks, exterior concrete steps,
etc. shall be pitched to drain out with a slope of ¼ in. per ft. Tops of
retaining walls shall be pitched back (into the backfill) 0.25 in. per ft
unless designated otherwise by the Engineer. All aggregates shall be
completely embedded in mortar by screeding.
1) Screeded surfaces shall be free of surface irregularities.
2) Maximum variation from a plane surface in any 10 ft section
shall be ¼ in.
2. Coordination of Finishing and Placement.
a. Mixing and placing shall be carefully coordinated with finishing .
Concrete shall not be placed on the subgrade or forms more rapidly
than it can be spread, straight edged, and bull floated . These
operations must be performed before bleeding water has an
opportunity to collect on the surface.

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b. To obtain good surfaces and avoid cold joints, the size of placing and
finishing crews shall be planned with due regard for the effects of
concrete temperature and atmospheric conditions on the rate of
hardening of the concrete.
c. All flatwork finishers on the project shall have experience and
supervised by ACI Certified flatwork finishers.
3. Jointing and Edging.
a. Joints in slabs shall be located and detailed as indicated on the
Drawings and in the Specifications.
b. Edge exposed edges of floated or troweled surfaces with a tool having
a ¼ in. corner radius unless these edges are specified to be beveled.
4. Consolidation.
Concrete in slabs shall be thoroughly consolidated . Internal vibration shall be
used in beams and girders of framed slabs and along the bulkheads of slabs
on grade. Consolidation of slabs shall be obtained with vibrating screeds,
roller pipe screeds, internal vibrators, or other acceptable means . The
concrete surfaces shall not be manipulated prior to finishing operations.
5. Finishes.
a. Unless selection of finishes is made in the Specifications or on the
Drawings, the following finishes shall be used, as applicable.
1) Floated Finish - Use for tank floor and roof, walls, footings, pile
caps, etc.
2) Troweled Finish - Use for floors in finished areas and where
called for on Drawings.
3) Broom Finish - Use for concrete stairs, landings, sidewalks,
concrete path, curb, and gutters.
4) Raked Finish - Use for slabs to receive topping or secondary
concrete
b. The following finishes shall be utilized on this project unless specified
or detailed otherwise.
1) Floated Finish.
After the concrete has been placed, consolidated, struck-off,
and leveled by bull floating, the concrete shall not be worked
further until ready for floating. Floating shall begin when the
water sheen has disappeared and/or when the mix has
stiffened sufficiently to permit the proper operation of a
power-driven float. The surface shall then be consolidated
with power-driven floats of the impact type, except in thin
sections, such as pan slabs, which shall be floated by hand .
Hand floating with wood or cork-faced floats shall be used in
locations inaccessible to the power-driven machine. Trueness
of surface shall be rechecked at this stage with a 10-foot
straightedge applied at not less than two different angles . All

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high spots shall be cut down and all low spots filled during this
procedure to produce planes checking true under the
straightedge in any direction, with tolerances not exceeding ¼
in. in 10 ft. The slab shall then be refloated immediately to a
uniform, smooth, granular texture.
2) Troweled Finish.
Where a troweled finish is specified, the surface shall be
finished first with impact power floats, as specified above
where applicable, then with power trowels and finally with
hand trowels. The first troweling after power floating shall be
done by a power trowel and shall produce a smooth surface
that is relatively free of defects, but which may still contain
some trowel marks. Additional troweling shall be done by
hand after the surface has hardened sufficiently. The final
troweling shall be done when a ringing sound is produced as
the trowel is moved over the surface. The surface shall be
thoroughly consolidated by the hand troweling operations.
The finished surface shall be free of any trowel marks and shall
be uniform in texture and appearance, with tolerances not
exceeding ¼ in. in 10 ft. On surfaces that support floor
coverings, any defects of sufficient magnitude to show
through the floor covering shall be removed by grinding.
3) Broom Finish.
Slabs shall be given a coarse transverse-scored texture by
drawing a broom across the surface. This operation shall
follow immediately after bull floating operations and hand
floating as required to close the surface. Provide a uniform
abrasive texture of constant color. On paths, broom at right
angles to normal traffic direction.

3.7 REPLACEMENT, REPAIRING AND PATCHING OF DEFECTIVE CONCRETE:
A. Removal and replacement of defective concrete
1. After forms have been removed, any concrete that is not formed as shown on
the Drawings, is out of alignment or level beyond the required tolerance,
shows a defective surface that cannot be properly repaired or patched, or
cannot be shown to prevent water migration through concrete surfaces or
joints, shall be removed and replaced at the Contractor's expense.
2. Liquid retaining concrete walls, slabs, beams, etc., cannot have any
honeycombing, cold joints, cracks greater than 0.004 in. wide, or leakage of
water through the concrete thickness or joints. If in the opinion of the
Engineer the honeycombing, cold joints, cracks, or leakage are excessive, the
Contractor shall be required to remove the complete concrete segment and

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03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
replace it. Where minor honeycombing, cold joints, cracks or leakage occurs,
it shall be repaired as indicated in Part 3 -7.B and C below.
B. Repair of tie holes, blockouts, cutouts and defective concrete.
1. Immediately after form removal, repair, to the satisfaction of the Engineer, all
repairable surface defects, including tie holes, in concrete surfaces. In all cases,
repair work shall be completed within 24 hours of removal of the forms.
2. Replace, to satisfaction of Engineer, within 48 hours after adjacent forms have
been removed, all other honeycombed and defective concrete areas that
cannot be immediately repaired as noted in item 1 above.
3. Cut out and remove to sound concrete, with edges square-cut to avoid
feathering, all honeycombed or otherwise defective concrete.
4. Repair work shall conform to ACI 301 and these specifications. At all blockouts,
tie-holes and cutouts, after being thoroughly cleaned, apply an epoxy -
bonding agent, and fill with non-shrink grout, as specified in the materials
section of this specification. Color shall be added to match surrounding
concrete.
5. Perform in a manner that will not interfere with thorough curing of
surrounding concrete.
6. Adequately cure all repair work.
C. Repair of cracks and minor honeycombed areas.
All cracks, minor honeycombed concrete, or other areas of apparent leakage,
including wet spots on the wall, shall be sealed with Epoxy Sealant injection or other
acceptable means so that the concrete is watertight as defined in Specification Section
02676 "WATERTIGHTNESS TESTING."

3.8 FINISHING FORMED SURFACES:
A. Finishing.
1. Rough form finish - All surfaces not exposed to view such as surfaces in
contact with earth.
a. Chip off all fins and other surface projections greater than ¼ in. high.
b. Fill all tie holes and repair and patch all defects.
2. Smooth form finish - All exposed surfaces not generally exposed to view
including interior surfaces of tank.
a. Use form facing to produce a smooth, hard uniform surface.
b. Keep number of seams to a minimum.
c. Remove all fins and projections.
d. Clean, coat, and fill all tie holes.
e. Repair and patch all defects.

3.9 CURING:
A. General.
1. Freshly deposited concrete shall be protected from premature drying and
excessively hot or cold temperatures and shall be maintained without drying

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03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
at a relatively constant temperature for the period of time necessary for the
hydration of the cementitious materials and proper hardening of the concrete.
A list of all intended curing methods including a description of materials shall
be submitted to the Engineer for review.
2. Initially, the concrete temperature shall be maintained at or above 70 F. for 3
days or at or above 50 F. for 5 days. Continue curing as required to achieve
the specified 28-day strength. See Part 1-5 Job Conditions for additional
information.
3. Use membrane-curing compound as noted below.
B. Membrane curing compound (conforming to ASTM C 309).
1. Shall be used prior to placement of plastic sheeting on concrete floor and roof
slabs, walls, and other miscellaneous concrete areas where acceptable to
Engineer.
2. Spray-apply in 2 coats perpendicular to each other at coverage
recommended by manufacturer.
3. Cover unformed surfaces with curing compound within 30 minutes after final
finishing.
4. Apply curing compound immediately to formed surfaces if forms are removed
before end of specified curing period. Curing compound sprayed in tie holes
is to be cleaned out before patching tie holes. Forms may be left in place for
all or part of the curing period; wood forms shall be kept wet.
5. Protect compound against abrasion during curing period.
C. Film Curing (conforming to ASTM C 171).
1. Concrete placed early in the concrete placing operation shall not be allowed
to dry out. Apply Membrane Curing Compound, or other material acceptable
to the Engineer, as noted above prior to placing the polyethylene film or other
coverings.
2. Begin as quickly as possible after initial set of concrete.
3. Cover surfaces completely with polyethylene sheeting.
4. Overlap edges for proper sealing and anchorage.
5. Cover joints between sheets with dunnage as required to prevent
displacement due to wind or other factors.
6. Promptly repair all tears, holes, and other damage.
7. Anchor continuously all edges and anchor surface as necessary to prevent
billowing.

3.10 QUALITY CONTROL:
A. Concrete tests.
1. Shall be in accordance with the requirements of ACI 301, except as noted or
modified in this Section. Test specimens shall be taken by an ACI Certified
Concrete Field Testing Technician - Grade 1 in accordance with the "Standard
Method of Making and Curing Concrete Test Specimens in the Field," ASTM C
31.

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03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
a. Strength test.
1) Mold and laboratory cure seven cylinders from each sample.
2) Test two cylinders at 7 days per ASTM C 39. Test two cylinders
at 28 days for acceptance. Keep the remaining as a spares or
to be tested as directed by Engineer.
3) The spare cylinders for each sample may be eliminated after
the first several concrete placements of each type of concrete
if, in the opinion of the Engineer, test results are consistent
and within specifications.
b. Minimum samples.
Collect the following minimum samples for each 28 -day strength
concrete used in the work for each day's placing:
Concrete Quantity Number of Samples
50 yds3 or less one
50 to 100 yds3 two
100 yds3 or more two plus one sample for each
additional 100 yds3
c. Slump test.
1) Conduct test for each strength test sample and whenever
consistency of concrete appears to vary.
2) Slump tests shall be made using "Method of Test for Slump of
Portland Cement Concrete" (ASTM C 143).
d. Air content.
1) Conduct test from one of first three batches mixed each day
and for each strength test sample.
2) Samples indicating low air contents by the pressure method
air content tests in accordance with ASTM C 231 shall be
verified by the gravimetric method, ASTM C 138, and the
volumetric method, ASTM C 173, before adding additional air
entraining admixture in the field.
2. The Contractor shall provide the following to the Owner and the Testing
Agency at no additional cost to the Owner:
a. Incidental labor required to facilitate testing.
b. Minimum one day's advance notice when concrete is to be placed.
c. Storage facilities for concrete test cylinders; including, when necessary,
a specially prepared box with high-low thermometer and
thermostatically controlled heating devices in accordance with Section
9.2 of ASTM C 31 for storage of the cylinders for the first 24 hours
after molding.
d. Materials, samples, and access to materials as required for testing.
e. The use of testing services shall in no way relieve the Contractor of his
responsibility to furnish materials and construction in full compliance
with the Drawings and Specifications.

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03 30 11 SP Cast In Place Concrete for AWWA D115 Tank
B. Acceptance of Concrete.
1. If the early strength tests fall below the early strengths deemed necessary to
achieve the specified 28-day strength, the Engineer shall have the right to
require conditions of temperature and moisture necessary to secure the
required strength. The Engineer may also require pull out tests in accordance
with ASTM C 900 or core tests in accordance with ASTM C 42.
2. Strength level of concrete will be considered satisfactory so long as average of
all sets of two consecutive strength test results equals or exceeds specified
28-day strength and no individual strength test result falls below the specified
strength by more than 500 psi.
C. Failure of Test Cylinder Results.
1. Upon failure of the 28-day test cylinder results, Engineer may require
Contractor at his expense, to obtain and test cored samples from area in
question.
2. Concrete will be considered adequate if average of three core tests is at least
85 percent of, and if no single core is less than 75 percent of the specified
28-day strength.
3. Upon failure of the core test results, Engineer may require Contractor, at his
expense, to perform load tests as specified in ACI 318, Chapter 20.
4. In the event an area is found to be structurally unsound, the Engineer may
order removal and replacement of concrete as required. The cost of the
pullout or core tests, and the load test and the structural evaluation shall be
borne by the Contractor.
5. Fill all core holes as specified for repairing defective concrete.

3.11 SPECIAL TESTING REQUIREMENTS:
A. Further concrete testing, in addition to Quality Control Testing and testing for
proposed mix designs, may become necessary during the project. Testing shall be
provided under the conditions stated in each specification section and shall be in
accordance with the requirements of ACI 301 and this specification. Refer to Parts
3-10B and 3-10C for acceptance criteria and procedures upon failure of tests.
B. In all cases, the Contractor shall provide the Owner and the testing agency, at no
additional cost to the Owner, with the items listed in Part 3 -10.A.2.
C. Sampling and Test Groups.
1. When job cured cylinders are used, samples shall be obtained as specified in
Section 03300, Parts 3-10A.1.a, 3-10A.1.b and 3-10A.1.c, unless directed
otherwise by the Engineer.
2. When core tests are used, samples shall be obtained in accordance with ASTM
C 42 and as directed by the Engineer.
- END OF SECTION

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03 70 00 SP Water Tightness Testing Of AWWA D115 Tank
03 70 00 SP
WATERTIGHTNESS TESTING OF AWWA D115 TANK

PART 1 GENERAL

1.1 DESCRIPTION:
A. Furnish all labor, equipment, and materials necessary to test the water tanks for
watertightness.

PART 2 PRODUCTS

2.1 MATERIALS:
Water, clean and free of deleterious substances.

PART 3 EXECUTION

3.1 PREPARATION:
After construction of the reservoir or tank has been completed, and before backfilling, the
floor and inside of the walls shall be broom -cleaned. The floor shall be squeegeed of curing
water and washed with clean water. After the sweeping and the removal of all debris, any
cracks greater than 0.004 in. wide and joints shall be properly sealed in accordance with
provisions of Section 03 30 11 SP, 3-7. Completely hose down the interior surfaces of the
reservoir with water under pressure.

3.2 TESTING:
Watertightness testing shall be performed. Two tests are required. The first test shall be made
on the overall watertightness of the tank. The second test shall be made on the visible
surfaces of the tank.
A. Overall Watertightness Testing
1. Fill to the overflow and allow tank or basin to stand full for at least 24 hours.
During the first 24 hours, the surface of the water may drop, and shall be
refilled to the overflow.
2. The water level elevation shall be determined by using a surveyor's level and
level rod or other acceptable means. Measure the drop in water level over the
next 5 days to determine the water volume loss for comparison with the
acceptance criteria. Floating “evaporation and precipitation pans” shall be
used to remove these effects from the test. The liquid loss for each period of
24 hours shall not exceed 0.000125 of the tank capacity (or height), which shall
be translated to the nearest 1/16 in. in the 5 -day period.
B. Visible Surface Testing
Wet spots on the exterior wall surface or flowing water on the wall base shall not be
permitted. Wet spots are defined as spots where moisture can be picked up on a dry
hand. Wet spots shall be repaired in accordance with Section 03 30 11 SP, Part 3-7.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
03 70 00 SP Water Tightness Testing Of AWWA D115 Tank
C. If the watertightness testing fails to meet the above requirements, the Engineer may
require the reservoir or tank to be drained, repaired, and again tested for
watertightness.

- END OF SECTION -

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
13 34 21 SP AWWA D115 Concrete Tank
13 34 21 SP
AWWA D115 CONCRETE TANK

PART 1 GENERAL

1.1 DESCRIPTION:
A. This section covers general requirements for construction of the post -tensioned
concrete tank, including contractors’ qualifications and construction procedure.
B. Inform Engineer at least 72 hours in advance of time and places at which Contractor
intends to place concrete. All preparation work for concrete placements shall be
substantially completed at least 4 work-day hours prior to the scheduled start of
concrete placement to allow for the Engineer's review and any necessary corrections.

1.2 QUALITY ASSURANCE:
A. Reference standards.
1. Except as noted or modified in this Section, all concrete materials, transporting,
placing, finishing, and curing shall conform to requirements of the American
Water Works Association (AWWA) D115 Standard for Circular Prestressed
Concrete Water Tanks With Circumferential Tendons.
B. Contractor shall keep at least one copy of above listed ACI publications, latest edition,
in project field office at all times.
C. Any material or operation specified by reference to the published specifications of a
manufacturer shall be complied with unless directed otherwise by the Engineer.
D. In case of a conflict between the referenced specifications or standards and this
Specification, the one having the more stringent requirements, as determined by the
Engineer, shall govern.

1.3 SUBMITTALS:
All submittals shall be made in accordance with Section 01 33 00. Submittal information
includes, but is not necessarily limited to the following:
A. Miscellaneous product information not otherwise specified in these Specifications.
B. Proposed construction joints and procedures not consistent with these Specifications.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 TANK POST-TENSIONING AND CONSTRUCTION REQUIREMENTS:
A. Description. The provisions covered by this section consist of special materials and
procedures in connection with the construction of the circular concrete tanks in
accordance with this Specification and Drawings.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
13 34 21 SP AWWA D115 Concrete Tank
B. General. The tank shall conform to all applicable provisions of these Specifications and
all applicable provisions of the American Water Works Association (AWWA) D115
Standard for Circular Prestressed Concrete Water Tanks with Circumferential Tendons.
C. Guarantee. Two-year guarantee for Contract work shall be in accordance with the
General Conditions.
D. Procedure.
1. Construct the wall footing and floor slab monolithically. The floor slab shall be
constructed with only those construction joints shown on the drawings (if any).
No construction joints in the floor slab will be allowed except as shown or
reviewed by the Engineer. Floors, and roofs, shall be stressed in two stages as
follows:
a. Post-tensioning operation shall not begin until maturity meters and field
cured cylinders, or equivalent acceptable to the Engineer, have been
tested and indicate that concrete has attained 1500 psi for the initial
stressing of floor and roof slab tendons, 3000 psi for the final stressing of
unbonded tendons and 3500 psi for bonded tendons in the wall, unless
otherwise called for in the Contract Documents.
b. The floor and roof post-tensioning operation shall begin within 12 hours
of when the maturity meters and cylinders have been tested and indicate
that the concrete has attained 1500 psi, which shall be within 32 hours of
the beginning of the placement of the concrete in the slabs. All tendons
shall be stressed to 16 kips from one end (alternate stressing ends of two-
end stressed tendons) within 48 hours of the beginning of the placement
of the concrete in the slabs. Complete stressing of tendons to 33 kips
when concrete compressive strength reaches 3,000 psi, which shall be
within 7 days of the concrete placement. Submit the final elongation
records to the Engineer for review within one day of completing the
stressing and, as soon as possible, but within 7 days, after the review,
remove stressing tails, place grease-filled end caps and grout pockets at
stressing ends.
2. Construct the column footings, columns, and wall. The tank requires a formed,
cast-in-place concrete wall with horizontal and vertical post -tensioning
tendons. The wall is left temporarily unconnected to the floor slab and wall
footing by a sliding joint.
3. Prestress the vertical tendons in the tank wall in proper sequence, if applicable.
4. Prestress the horizontal tendons in the tank wall in the proper sequence. Submit
the vertical and horizontal elongation records to the Engineer for review. As
soon as possible after the review of the elongation records by the Engineer the
horizontal and vertical wall tendons shall be grouted as applicable. Horizontal
and grouted vertical tendons shall be grouted from their lowest points until
pure grout is ejecting from the tops of their standpipes at the high end.
The grouting operation shall be completed within 20 days of placing the
prestressing steel in the ducts or special corrosion preventative measures

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 3
13 34 21 SP AWWA D115 Concrete Tank
acceptable to the Engineer, such as introducing a vapor -phase corrosion
inhibitor into the ducts, shall be taken. Follow all safety recommendations of the
manufacturer if vapor-phase corrosion inhibitors are used.
5. Construct the post-tensioned roof slab monolithically, without construction
joints. No construction joints in the roof slab will be allowed except as shown or
reviewed by the Engineer. Roofs shall be stressed in two stages, as described
above.
6. Place the waterstops and concrete in the curbs at the base of the wall. For
circular tanks, and rectangular tanks with rounded corners, allow at least 28
days between the time the horizontal wall tendons are fully stressed and the
concrete placing operation in the curbs is begun.
7. Perform watertightness testing of the tank in accordance with Section 02676,
"WATERTIGHTNESS TESTING."
8. Backfill in accordance with Section 31 23 23, EARTHWORK of the Technical
Specifications herein, and the Soils Engineer's recommendations.
E. All tie holes, cut-outs, and block-outs, after being cleaned and a bonding agent applied,
shall be filled with a non-shrink grout. Stressing tails shall be removed and block-outs
patched as soon as practicable after review of the elongation records by the engineer,
but not longer than 7 days.
F. No welding or burning will be permitted in the vicinity of any tendons.

3.2 INTERNAL SURFACES AND COATINGS:
A. All interior surfaces and coating of all equipment that comes in contact with drinking
water to meet NSF/ANSI Standard 61 Certification requirements.
B. Proper curing procedures shall be followed per the manufacturers’ directions. Drinking
water shall not be introduced into the tank until proper curing has occurred.
C. Prior to placing a drinking water storage tank in service, an analysis for volatile organic
compounds (VOC) from water contained therein may be required to verify compliance
with drinking water maximum contaminant levels.
D. Prior to placing a drinking water storage tank into service, cleaning, disinfection, and
flushing procedures shall be completed.

3.3 TANK CLEANING AND DISINFECTING:
A. After construction is completed, the interior of the tank shall be completely hosed out
and cleaned of all dirt and loose material.
B. The water storage tank shall be disinfected in accordance with the requirements of
AWWA C652-11 prior to being placed into service. Test documentation shall be
maintained in accordance with AWWA C652-11, APWA, and Contract.
C. Super-chlorinated water shall be disposed of per requirements of UAC R317 .

3.4 BACKFILLING:
A. Backfilling shall not begin until the tank is complete and has passed the watertightness
tests.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 4
13 34 21 SP AWWA D115 Concrete Tank
B. Backfill around tank wall shall be built -up in maximum 8-in. loose lifts and compacted
as required. Heavy mechanical equipment shall not be allowed to compact backfill
within 5 feet of the tank wall. Hand or light mechanical equipment (5,000 lbs. GVW
max.) shall be used for compaction within this area.
C. Heavy mechanical equipment shall not be allowed on the tank roof to place or compact
backfill, if any. Hand or light mechanical equipment (10,000 lbs. GVW max.) shall be
used in this area.

- END OF SECTION -
Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
Solid Rock Excavation
31 60 00 SP
SOLID ROCK EXCAVATION

PART 1 GENERAL

1.1 DESCRIPTION

1.2 SOLID ROCK EXCAVATION
A. Before excavation will be considered as "solid rock excavation", the Contractor shall
demonstrate an inability to remove rock by making three attempts to rip the rock using
equipment having not less than 235 fly wheel horsepower with a "Kelly" or similar t ype
ripper. If the Contractor is using an excavator the requirement for “solid rock
excavation” is as follows: Before excavation will be considered as "solid rock excavation",
the Contractor shall demonstrate an inability to remove rock by making th ree attempts
to remove the rock using an excavator that must weigh not less than 74,000 lbs. such
as a Cat 330 and a designated bucket having rock teeth, then the excavation of such
material will be considered “solid rock excavation.” As a general rule, i f the excavator
of required weight, requires more than 60 seconds (1 minute) to remove one (1) full
bucket of material, the material is considered solid rock. After such demonstration has
indicated the presence of solid rock, and the Engineer determines i ts removal is
necessary, authorization for removal of the solid rock may be granted in accordance
with Article 10 of the General Conditions.

1.3 RELATED WORK
A. Division 31 – Earthwork Materials
B. Section 31 23 16 – Trench Excavation and Backfill
C. Section 31 23 16 & 31 23 17 – Earthwork for Structures
D. Section 01 45 00 – Materials Sampling & Testing

1.4 SUBMITTALS
A. Not used

PART 2 PRODUCTS

2.1 MATERIALS
A. Not used.

PART 3 EXECUTION

3.1 EARTHWORK
A. Earthwork & Excavation shall be accomplished in accordance with Division 31 of
APWA Specifications.

Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
Solid Rock Excavation
3.2 SURVEY
Before excavating solid rock, the contractor shall survey the surface with survey points
at a maximum distance of 10 feet and provide surface data to the Engineer. After the
excavation of the solid rock, the contractor shall survey the surface again with survey
points at a maximum distance of 10 feet and provide surf ace data and the calculated
volume excavated to the Engineer.

3.3 STRUCTURAL AREA
A. Unless directed otherwise by the Engineer, the entire site falling within the tank
structural area shall be excavated to the lowest subgrade elevation, or to non -
expansive bedrock, whichever is deeper, unless otherwise directed by the Engineer. &
Excavation shall be accomplished in accordance with Division 31 of APWA
Specifications.
If site conditions are found to be different than expected (based on the geotechnical
report), additional excavation may be required to provide adequate structural integrity
for the tank. In lieu of or in addition to additional excavation, the Engineer may
require the use of lean concrete as fill or foundation material for the tank .

3.4 ADDITIONAL PROJECT CUT AREAS
A. Unless directed otherwise by the Engineer, project sites on hill slopes, on which
embankment fills are to be placed, shall be terraced in a manner that all cuts are in
bedrock or on subgrade materials approved by the Engineer. The “terracing” of
slopes shall consist of near horizontal benches at least 4 feet wide and spaced
vertically at a maximum of 2 feet intervals. The near horizontal benches shall be
sloped 1.5 percent to provide natural drainage away from the slopes .

3.5 SOLID ROCK EXCAVATION
A. Solid rock excavation may be necessary on the project site. Solid rock excavation shall
be accomplished by blasting, ripping, or using hydraulic hammer hoe. It is the
responsibility of the contractor to determine the best method for solid rock removal
based off the geotechnical report and site conditions. Any over-blasted or unsuitable
material under the tank shall be removed.

3.6 GRADING
A. Upon completion of excavation, the site shall be accurately graded to the spot
elevations and slopes shown on the Drawings, to allow proper installation of the
structure, road, and pond in accordance with applicable Sections of APWA
Specifications.

- END OF SECTION
Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 1
Landscaping
32 94 00 SP
LANDSCAPING

PART 1 GENERAL

1.1 SECTION INCLUDES
A. Provide items, articles, materials, operations, or methods listed, mentioned, or
scheduled on Drawings and all incidentals.
B. Install native grasses and wildflower mix in areas indicated or directed by Engineer.
C. Coordinate with work of other trades.

1.2 REFERENCES
A. Manual of Standard Specifications
1. Section 31 05 13: Common Fill.
2. Section 32 84 23 Underground Irrigation System.
3. Section 31 23 23 Backfilling Structures and Landscapes.
4. Section 31:25 00 Erosion and sedimentation control.
5. Section 32 01 90 Plant Maintenance.
6. Section 32 91 19 Landscape Grading
7. Section 32 92 00 Turf and Grasses
8. Section 32 93 13 Ground Cover
9. Section 32 93 43 Tree

1.3 QUALITY ASSURANCE
A. Seed to conform to State and County regulations.
B. Seed to be mixed by Supplier.
C. Trees and shrubs to conform to State and County Regulations
D. Work shall be performed by a professional licensed landscaping company

1.4 SUBMITTALS
A. See Reference sections for submittal requirements of the individual items

1.5 PRODUCT HANDLING AND STORAGE
A. Protect materials from deterioration during delivery and while stored at the site.
B. Store packaged materials in a weatherproof storage place to keep dry and effective.
Materials which become wet, moldy, or otherwise damaged prior to use will not be
acceptable.

1.6 JOB CONDITIONS
A. Examine and verify the elevations, observe the conditions under which work is to be
performed, and notify Engineer of unsatisfactory conditions.
B. Do not proceed with work until unsatisfactory conditions have been corrected.
C. Correlate planting time with specified maintenance periods and guarantee.
D. Suspend seed installation when it may be subject to damage by climatic conditions.
Weber Basin Water Conservancy District
Modified February 22, 2024 Little Mountain 4.0 MG Tank Page - 2
Landscaping

PART 2 PRODUCTS

2.1 COMMON FILL
B. Topsoil: APWA 31 05 13

2.2 SEED
A. Mixture:
% of Mix Species
23 Streambank Wheatgrass
23 ‘Covar’ Sheep Fescue
6 Prairie Junegrass
16 Indian Ricegrass
8 Canby Bluegrass
10 Blue Flax
4 Firecracker Penstemon
2 Basin Big Sagebrush
4 Rabbitbrush
4 Winter Fat

2.3 TREE
A. Tree APWA 32 94 43

2.4 GROUND COVER
A. Ground Cover APWA 32 93 13

2.5 UNDERGROUND IRRIGATION SYSTEM
A. Underground Irrigation System APWA 32 84 23

PART 3 EXECUTION

3.1 INSTALLATION
B. Plant seed in areas indicated.
C. Plant trees and shrubs in the areas indicated

3.2 MAINTENANCE
A. General: Per APWA 32 01 90.

- END OF SECTION

POTABLE WATER PIPELINE CONSTRUCTION SPECIFICATIONS

for

Weber Basin Water Conservancy District

August 2023

Contents
SECTION 1 – GENERAL REQUIREMENTS ............................................................................................ 2
SECTION 2 - EXCAVATION AND BACKFILL FOR PIPELINES .......................................................... 4
SECTION 3 - PVC PRESSURE PIPE ....................................................................................................... 6
SECTION 4 - VALVES .............................................................................................................................. 8
SECTION 5 - TESTING OF WATERLINES........................................................................................... 9
SECTION 6 - THRUST BLOCKS ............................................................................................................. 10

SECTION 1 – GENERAL REQUIREMENTS

1.1 SCOPE: This section defines the general requirements a DEVELOPER (defined to
include developer, contractor, subcontractors, or owner) must meet when installing a Potable
Water Pipeline system, to be accepted and maintained by the Weber Basin Water Conservancy
District (DISTRICT). Any questions regarding these specifications should be directed to the
DISTRICT Engineers at [phone].

1.2 REVIEW: All Potable Water System plans shall be submitted to and approved by the
Division of Drinking Water.

1.3 BONDS: Before construction begins, the DISTRICT reserves the right to require the
DEVELOPER to furnish the DISTRICT with a PERFORMANCE BOND, warranting 100%
of the cost of the potable system. This warranty shall extend for one year following an
approved inspection and the system being put into operation.

1.4 PRECONSTRUCTION MEETING: Following approval of the potable water system
plans, the DEVELOPER shall schedule with the DISTRICT, a preconstruction meeting to
discuss clarifications or bring up any problems they may encounter during the review process.
At the conclusion of the preconstruction meeting, if all concerns are answered, all fees are
paid, the DISTRICT will give approval to proceed.

1.5 CONSTRUCTION OBSERVATION: All construction work involving the installation
of the Potable Water Pipeline system must be observed by the DISTRICT. It shall be the
responsibility of the DEVELOPER to ensure that these observations take place where and
when required. Failure to have the system installation observed before backfilling occurs, will
result in requiring the DEVELOPER to uncover the entire system again at the DEVELOPER'S
expense. The DISTRICT will not allow any connections to their existing systems be made
unless the subdivision system installation has been observed and approved by the DISTRICT.
Points of required observation include: a) Pipe installation, including backfilling; b) Services,
including connections to main line and meter installation; c) Valves; d) Drains; e) Pressure
Reducing Stations (if required); f) Thrust Blocks; g) Proper installation of metallic indicator
tape; h) Connection to existing lines; and i) Proper installation of detectable locating wire.

After the proper installation of the system, but before connection to the DISTRICT'S existing
lines, the DEVELOPER shall hydrostatically pressure test the subdivision system at a pressure
of not less than 200 psi. for a period of not less than 2 hours. This test must be witnessed by
the DISTRICT.

1.6 REQUESTS FOR OBSERVATION: Requests for construction observation shall be made
to the DISTRICT by the DEVELOPER or CONTRACTOR not less than two (2) business days
in advance of the start of work requiring periodic observation, unless specific advance written
approval is given otherwise by the DISTRICT.

1.7 CONSTRUCTION TESTING: At the discretion of the DISTRICT, density testing may
be required. All in-place density testing shall be coordinated and paid for by the
DEVELOPER. Any tests failing to meet 95% of modified proctor or the standards of the local
governing agency will be retested at the CONTRACTOR'S expense.

1.8 PLACEMENT OF INDICATOR TAPE: Metallic indicator tape marked "Potable
Water" and 6" in width shall be used when installing DISTRICT waterlines. The indicator
tape shall be installed at a maximum depth of 12-inches below subgrade, but shall not be any
closer than 12-inches above the top of the waterline.

1.9 PLACEMENT OF LOCATING WIRE: 12-gauge copper locating wire shall be installed
with all DISTRICT waterlines. The locating wire shall be attached to the top of the waterline and
shall be terminated and accessible at all valve boxes and air/vac structures.

1.10 FINAL INSPECTION: An inspection shall be made by the DISTRICT after all
construction work is completed. Any faulty or defective work shall be corrected by the
CONTRACTOR within a period of thirty (30) days. The date when the system is approved by the
District and put into service will be the beginning of the warranty period. One year following this
date, the DISTRICT will assume all operation and maintenance of the system.

1.11 DRAWINGS: All references within these specifications to "The Drawings" shall mean the
DISTRICT'S own construction drawings attached, or such other construction drawings as shall be
pre-approved in writing by the DISTRICT.

1.12 GUARANTEE OF WORK: Although the DISTRICT performs regular observations
during installation to ensure compliance with DISTRICT specifications and standards, the
CONTRACTOR is ultimately responsible for all workmanship in regards to construction of the
potable water system. The DEVELOPER shall warrant and guarantee that the Potable Water
Pipeline system provided for, and every part thereof, will remain in good condition and not fail for
a period of one (1) year, following the Final Inspection approval and the system being put into
service. The DEVELOPER agrees to make all repairs to and maintain the system, and every part
thereof, in good condition during the warranty period with no expense to the DISTRICT.

1.13 TAKEOVER INSPECTION: The District shall perform a takeover inspection at the
conclusion of the one (1) year warranty period. Notice of all items needing repair will be
forwarded to the DEVELOPER in writing and said repairs shall be completed within (30) days
of notification. The DISTRICT will assume operation and maintenance of the system only when
all repairs have been completed, inspected and deemed acceptable.

1.14 AS-BUILT DRAWINGS: The DEVELOPER shall submit one set of as-built drawings to
the DISTRICT following construction of the subdivision potable system.

1.15 SYSTEM TAKEOVER: Upon verification that all needed repairs noted during the
takeover inspection have been completed, and receipt of an as-built drawing, the DISTRICT will
issue a letter of acceptance and assume ownership, operation and maintenance of the system.

SECTION 2 - EXCAVATION AND BACKFILL FOR PIPELINES

2.1 GENERAL: The work under this specification consists of furnishing all labor, tools,
materials, equipment, and in performing all operations in connection with the excavation , trenching,
and backfilling for underground pipelines and appurtenances.

2.2 GROUNDWATER CONTROL: Trenches must be kept free of standing water during
excavation, pipe installation and joining, and pipe bedding operations. If the static level of ground
water is above the bottom of the trench, such water must be lowered to the extent necessary to
keep the trench free of water and stable when work is in process. Surface water shall also be kept
from entering the trench.

2.3 EXCAVATION FOR PIPELINES: Trenches for pipelines shall be to the depths and
widths required to accommodate the construction of the pipelines. The main pipelines must be
installed in a line parallel to and a minimum of ten (10) feet away from sewer pipelines and shall
be a minimum of forty-eight (48) inches deep with a maximum depth of six (6) feet to the top of
pipelines. Variations of more than two (2) inches must be approved in writing by the DISTRICT.

Excavation in ledge rock, cobble-rock, stones, or other unsuitable materials shall extend at least
six (6) inches below the elevation of the bottom of the pipe. A select material shall be used as
bedding material to bring the elevation of the trench to the required grade . Where unstable material
is encountered in the excavation, within 12-inches of the final grade of the pipe, a minimum of
twelve (12) inches of material shall be removed below the grade of the pipe and select gravel shall
be installed to provide a stable subgrade. All select material shall be approved by the DISTRICT
prior to use.

2.4 TRENCH SAFETY: Excavation shall be sheeted, braced, and shored as required to support
the walls of the excavation to eliminate sliding and settling and as may be needed to protect the
workers and other structures and improvements. All safety measures shall comply with the
requirements of the Utah State Industrial Commission and OSHA. Any damage, injury, or death
resulting from the lack of adequate shoring and bracing shall be the responsibility of the
DEVELOPER.

2.5 BACKFILLING: Care shall be taken while backfilling when pipe is exposed. Rock larger
than 2-inches shall not be permitted to fall directly on the pipe from any height. Select pipe zone
material shall be placed to twelve (12) inches above the top of pipe as directed by the DISTRICT.
Trench backfilling above the level of the pipe bedding shall normally be done with native
excavated materials. The backfill shall be compacted or consolidated to an in-place density of not
less than 95% of modified maximum dry density, as determined by AASHTO T- 180 (ASTM D-
1557) or the standard of the local governing agency. The backfill material shall be brought to
within 2% of optimum moisture during compaction. No more than twelve (12) inch lifts shall be
allowed when using mechanical compaction equipment. The DEVELOPER shall take all
necessary precautions to prevent damage to the pipeline and fittings during backfilling.

2.6 IMPORTED BACKFILL MATERIAL: In the event that the native materials are too
difficult to compact or consolidate to the required densities, or are unacceptable as backfill, as
determined by the DISTRICT or other governing agency, the DEVELOPER may be required to
provide select imported granular material. This granular material shall pass a 2-inch square sieve
and shall not contain more than 15% of material passing a 200-mesh sieve, and shall be free from
sod, or other organic or deleterious materials. All import material shall be approved by the
DISTRICT in writing prior to use.
SECTION 3 -PVC PRESSURE PIPE

3.1 GENERAL: This specification consists of furnishing and installing the PVC pressure
pipe as shown on the Drawings. This specification only applies to the main lines of the Potable
Water Pipeline system.

3.2 MATERIALS: All PVC pipe shall be furnished with integral bell and spigot joints and
shall be made from clean, virgin, Type 1, Grade 1, non-plasticized polyvinyl chloride (PVC)
and shall meet the requirements of AWWA C900 DR-14 and the latest revision of ASTM D-
1784 unless otherwise approved. No pipelines shall be smaller than 6-inches in diameter.

3.3 JOINTS: The bell shall consist of an integral wall section with a cross-section rubber
ring which meets the requirements of ASTM D-1869. The bell section shall be designed to be
at least as strong as the pipe wall.

3.4 FITTINGS: Fittings shall be short body ductile iron, iron pipe size for PVC application,
in accordance with AWWA C-110. They must be capable of withstanding hydrostatic tests of
three times the rated working pressure of the pipe. All ductile iron fittings shall be wrapped
with a three-part wax tape coating system to prevent corrosion.

3.5 PLACEMENT OF METALLIC INDICATOR TAPE: Metallic indicator tape shall
be a minimum of six (6) inches wide and shall be marked "POTABLE WATER". The tape
shall be installed at a maximum depth of twelve (12) inches below subgrade, but shall not be
installed closer than twelve (12) inches above the top of the waterline.

3.6 WAX TAPE SYSTEM FOR ABOVEGROUND PIPING: All ductile iron and steel
components that are in manholes, vaults, or exposed to the air shall be wax wrapped by approved
“ABOVEGROUND” Wax-tape and installed per the manufacturer's specifications.

MATERIALS

Wax-Tape Notes
1. All parts of the wax tape coating system shall be from a single manufacturer.
2. Coating system shall be applied according to the manufacturer’s
recommendations.
3. Filler mastic shall be used to smooth all irregular angles around flanged and
mechanical joint fittings.

Part 1 Primer
a. Description: A high-temperature microcrystalline wax-based coating compound that
can be applied in temperatures of 0℉-150℉.
b. Acceptable Materials: Temcoat 3000 Primer or approved equal.

Part 2 Fill-Pro Mastic
a. Description: A blend of petrolatum and polymer-based components to form a cold-
applied, self-adhesive and self-supporting mastic that is easily formable over irregular
surfaces to create smooth surfaces for the wax-tape to be wrapped around.
b. Acceptable Materials: Trenton Fill-Pro PM-GP Profiling Mastic or approved equal.

Part 3 Wax-Tape #2 BLUE
a. Description: A anticorrosion wrap that is soft and pliable then firms up to forms a
long-lasting, highly effective protective coating. The wrap is composed of
microcrystalline waxes, plasticizers, corrosion inhibitors and other ingredients
saturated into a nonwoven, nonstitch bonded synthetic fabric.
b. Acceptable Materials: Trenton Wax-Tape #2 Self-firming Anticorrosion Wrap or
approved equal.

3.7 THREE PART WAX TAPE COATING SYSTEM: Wax tape material shall be
manufactured in accordance with the following requirements:
1. The wax tape coating system shall be three-part, cold-applied, consisting of primer,
wax tape and tape outerwrap in accordance with AWWA C217.
2. The wax tape coating system is for coating all buried pipe appurtenances, including
but not limited to, valves, fitting and bolts.

MATERIALS

Wax-Tape Notes
1. All parts of the wax tape coating system shall be from a single manufacturer.
2. Coating system shall be applied according to the manufacturer’s
recommendations.
3. Filler mastic shall be used to smooth all irregular angles around flanged and
mechanical joint fittings.

Part 1 Primer
a. Description: Blend of petrolatums, plasticizers and corrosion inhibitors having a
paste-like consistency.
b. Acceptable Materials: Trenton Wax-Tape Primer or approved equal.

Part 2 Wax Tape
a. Description: Non-woven, non-stitch bonded synthetic fabric saturated with a blend of
petrolatums, plasticizers and corrosion inhibitors forming a tape- coating that is easily
formable over irregular surfaces.
b. Acceptable Materials: Trenton Wax-Tape or approved equal.

Part 3 Tape Outerwrap
a. Description: Plastic wrapper consisting of three membranes of 0.5-mil, clear, 50-gauge
plies wound together as a single sheet.
b. Acceptable Materials: Trenton Poly-Ply or approved equal.
SECTION 4 – VALVES

4.1 GENERAL: This specification consists of the requirements for valves.

4.2 GATE VALVES: Valve sizes 4" through 12" shall be gate valves of the iron body, non-
rising bronze stern, resilient seated type, manufactured to equal or exceed all applicable AWWA
standards of C-509 latest revision and all specific requirements outlined in these specifications.
Gate valves shall open left and be provided with 2" square operating wrench nuts unless otherwise
specified. The valves are to be Mechanical Joint or Flanged type as directed by the DISTRICT and
shall be furnished with all necessary glands, followers, bolts and nuts to complete installation. The
disc shall have integrally cast ASTM B-62 bronze stern nut to prevent twisting, binding or angling-
of the stern. Designs with loose stern nuts are not acceptable. Provide fusion bonded epoxy lining
and coating in compliance with AWWA C550. It shall protect all seating and adjacent surfaces
from corrosion and prevent build-up of scale or tuberculation. Valve design shall incorporate a
positive metal to metal stop to prevent over- compression of the sealing element. GATE VALVES
SHALL BE MUELLER 2361. NO 'OR EQUAL' PRODUCTS WILL BE ALLOWED.

4.3 BUTTERFLY VALVES: Valve sizes 14" and greater shall be AVTEK AWWA DEX
Double Eccentric Butterfly Valves or VAG EKN H300 Butterfly Valves of the short body type,
cast iron body, cast or ductile iron disc, Type 304 stainless steel shafts, Buna-N or EPDM rubber
seat bonded or molded in body only, and stainless steel seating surface. Provide fusion bonded
epoxy lining and coating in compliance with AWWA C550. Valve manufacturers shall be
approved by the District prior to installation.

4.4 METER VALVES: The meter valves shall be manufactured and tested to ANSI/AWWA
C800 and shall be quarter-turn ball type constructed of solid ASTM B62 brass with blow-out proof
stern, double 0-rings, and minimum 300 psi working pressure. Connections shall be as required
for the District-specified meter. METER VALVES SHALL BE AS DIRECTED IN THE
DRAWINGS FOR THE SIZE OF METER INSTALLED. NO 'OR EQUAL' PRODUCTS WILL
BE ALLOWED

4.5 AIR VACUUM RELIEF AND DRAIN VALVES: Air vacuum relief valves, permanent
drain valves and temporary drain valves shall be constructed at locations determined by the
Engineer who designed the system and pre-approved by the DISTRICT in writing, in accordance
with the attached drawings. All air vacuum relief valves shall be Val-Matic, or steel bodied APCO
that are rated for pressures from 50-225 psi or other approved by the Engineer. All lids shall be
marked "WBWCD".

4.6 VALVE BOX LIDS: All valve box lids within the street right of way shall be stamped
"WBWCD".
SECTION 5 - TESTING OF WATERLINES

5.1 GENERAL: This specification consists of the requirements for flushing and testing the
Potable Water Pipeline waterlines.

5.2 TESTING: Tests shall be made upon completion of the system installation, but prior to
any connection to existing DISTRICT facilities. All tests shall be made at the expense of the
DEVELOPER and in the presence of the DISTRICT.

Lines shall be slowly filled with water, venting off all air. All main line valves shall be in the fully
open position during the test. The line shall be pressurized to a minimum of 200 pounds per square
inch. This pressure shall remain steady for a minimum of 2 hours.

5.3 FLUSHING: If cleaning practices during installation are questionable, the DISTRICT
may require the DEVELOPER to flush all lines after the pressure test. Flushing shall be
accomplished through the end of the line blow-offs or drains, with a minimum of four (4) inch
diameter pipes. The velocity in the largest pipe shall be a minimum of 2.5 feet per second.

5.4 DISINFECTION: All potable water pipelines shall be disinfected in accordance with
the requirements of ANSI/AWWA C651 Disinfecting Water Mains. Refer to WBWCD
Specification 33 13 00 for more information.

5.5 OPERATING PERMIT: Developer shall provide all completed testing information, As-
built drawings to District for submittal on the Operating Permit with Utah Division of
Drinking Water.
SECTION 6 - THRUST BLOCKS

6.1 GENERAL: This specification consists of the requirements for thrust blocks on the installed
water lines.

6.2 PLACEMENT: Thrust blocks are required at points where the pipe changes direction such
as; at all tees, elbows, caps, valves, reducers, crosses, etc. Thrust blocks should be constructed so
that the bearing surface is in direct line with the major force created by the pipe or fitting. The
earth bearing surface shall be undisturbed. Refer to the Drawings for thrust block details.

6.3 CONCRETE DESIGN: The concrete used for thrust blocks shall have a minimum 28-day
compressive strength of 3,000 psi and shall comply with the requirements of class C concrete.
Thrust block dimensions and size shall be calculated by the DESIGN ENGINEER.
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT 1
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT
SECTION 50 00 00
PART 1 – GENERAL
1.1 SCOPE
A. This section covers submersible tank mixing systems up to 1.0 HP in size intended for continuous use
while submersed in potable water storage tanks. Each mixer shall have the ability to function
continuously on a year-round basis, regardless of drain and fill cycles. Each mixer shall consist of a
water-filled submersible motor, an impeller and a non-submersible control center that houses all control
electronics.
1.2 THE REQUIREMENT
A.CONTRACTOR shall furnish a PWM500V3 PAX Water Mixer with a PCC505V3 PAX Control Center
and install submersible mixing system together with controls and accessories necessary for a complete
and operable system.
B. UTILITY shall furnish electrical conduit with 115VAC Single Phase voltage based on System
configuration, a Safety disconnect switch and a 20 Amp non-GFCI circuit breaker up to the point of
installation of the mixing system control center.
C. UTILITY shall also provide conduit from control center to tank penetration for submersible motor cable
and penetration through tank for same cable.
1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS
A.Comply with the applicable reference specifications as specified in the General Requirements
B. Occupational Safety and Health Administration, OSHA
C.NSF/ ANSI Standard 61
D.Underwriters Laboratories Inc., UL 508
1.4 CONTRACTOR SUBMITTALS
A.NSF Certification
1.Copies of the NSF-61 certified listing for all submersible mixer material being placed inside the
tank and headspace, including the motor and power cable.
B.Installation, Operations, and Maintenance Manuals shall be obtained from the equipment manufacturer
and submitted. The following sections shall be included:
1.General equipment specifications and data sheets
2.Installation, start-up, operation, and maintenance instructions
3.Factory-recommended maintenance schedule
4.Wiring diagrams specifying what electrical wiring needs to be done onsite during and prior to the
installation, and by which responsible party
5.List of equipment or tooling necessary for diagnostics, troubleshooting, repair or general
maintenance
1.5 QUALITY ASSURANCE
A. Each mixing system shall be tested prior to deployment according to the manufacturer’s standard
factory testing practices at the factory testing facilities.
B.Complete mixing system is NSF/ANSI Standard 61 certified by NSF
1.6 WARRANTY
A. For the period beginning with installation or 3 months after shipment to Buyer, whichever is earlier and
ending 60 months thereafter, the mixer, including its associated controller, is warranted to be free from
defects in material and workmanship and to conform to Seller’s specification applicable to the product –
PART 2 – PRODUCTS
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT 2
2.1 PERFORMANCE
A. Mixing system shall completely mix reservoir according to the following minimum performance
requirements. These requirements can be measured and validated after installation by operators with
readily available tools such as temperature probes and total chlorine grab samplers.
1.Temperature Uniformity
For tanks up to 8,000,000 gallons in volume: All temperatures shall converge to within
0.50°C (0.9°F) within 24 hours after mixer is installed and activated.
2.Disinfectant Residual Uniformity
For tanks up to 8,000,000 gallons in volume: Disinfectant residual within top five feet of
tank and bottom five feet of tank will converge to within 0.20 ppm within 24 hours after
mixer is installed and activated. During continuous operation of the mixer, under normal
disinfectant dosing parameters, disinfectant residual will converge to within 0.20 ppm at
least once every 24 hours.
2.2 GENERAL
A. Mixing system consists of an impeller mounted on a submersible motor and supported approximately
three feet in height from the tank floor in order for it to launch a jet of water from the bottom of the tank
up toward the surface of the water. Mixer control and operation shall be independent of tank drain and
fill cycles to ensure constant mixing. Wet-side of Mixer shall weigh less than 75 pounds (~34 kg) and
dry-side shall weigh less than 56 pounds (~25 kg). Both wet-side and dry-side shall be able to be
hoisted, installed, and/or removed by on-site personnel without additional equipment needed, and so
that there is no crush hazard or entanglement hazard present, and so that weight of mixer on tank floor
does not cause damage to interior coating.
B.Mixing system active components shall be elevated at a minimum of 18 inches above tank floor to avoid
disturbing accumulated tank sediment or entraining particles and causing accelerated wear of moving
parts.
C. Mixers using submersible pump with slit or “water sheet” or horizontal motor mounting designs are not
acceptable.
D. Mixer provider must have more than 1000 installation of similar equipment in potable water tanks or
reservoirs.
E. Mixers shall have no oil-filled parts
F.All wet-side mixer components shall be certified by NSF to the NSF/ANSI Standard 61
G. Dry-side mixer components shall include sine filter to prolong motor life and reduce noise level.
H. Power source for mixer shall be 115VAC single phase grid power to allow unit to continue 24/7
operation where necessary.
I.No regular, periodic maintenance required on the wet-side components in typical potable water
application
J.No passive mixing system allowed.
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT 3
2.3 CONSTRUCTION
A.Components – wet-side: shall be NSF/ANSI Standard 61 certified.
Equipment entering tank shall not adhere to, scratch or otherwise cause damage to internal tank coating
or put undue stress on the materials of the tank construction. Equipment shall fit through a standard
hatch of size 12-inch x 12-inch or larger. UTILITY may prefer to puncture side-wall or ceiling of tank (in
place of puncturing the hatch-way) to allow motor cable entry into the tank for ease of installation and
protection against freezing/ice damage.
Each submersible mixer shall consist of the following components, regardless of the power source
selected:
1.Impeller
AISI Type 316 Stainless Steel
Balanced to within 0.5 gram-inches
Not more than 8 inches in overall height
Not more than 4.5 inches in diameter
Not more than 2.4 lbs. in weight
Shall not create cavitation at any rotational speed up to 2500 RPM
2.Motor
AISI Type 304 Stainless Steel body
Chlorine/Chloramine resistant rubber seals
Fully submersible
Low power (1.0 HP maximum)
Water-filled motor
Water-lubricated motor
3.Mounting
AISI Type 316 Stainless Steel
Three detachable legs or pedestal mount
NSF/ANSI Standard 61 certified EPDM rubber, non-skid, non-scratch feet or insulating
pad
Attachments secure motor cable away from impeller
Overall weight of wet-side unit not to exceed 75 lbs. to avoid damaging tank floor
Overall height of unit not to exceed 5 ft.
B.Components – dry-side: Each 115VAC control center shall consist of the following components:
1.Enclosure
Type 4 (NEMA 4) Lockable
Weather Resistant
Overall weight of control center not to exceed 50 lbs.
Green and Red LED Indicator lights show motor status
White Power Indicator Led
Cooling Fan
2.Motor Controller/VFD
Rated to 1.0 HP
Operating temperature range -4 ºF to 129 ºF (-20 ºC to 54 ºC)
HOA Switch
Manual speed control
Thermal shut-off protection built-in
Current overload protection built-in
SCADA outputs included:
Digital Output signal indicating motor running
Digital Output signal indicating fault
Digital Input/output signal allowing remote motor on/off
RS-485 or Dry Contact connections
4-20mA Signal
3.GFCI-protection
115VAC, single-phase, with a 300mA trip level GFCI included inside control center
4.Branch Circuit Protection
Panel equipped with a 115VAC 20-Amp main breaker
5.Sine Filter
2.4 CONTROLS
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT 4
A.Each unit shall be equipped with all necessary controls, inter-wired, to provide the following minimum
functions:
1.On/Off switch to control power to mixer.
2.Automatically activated motor shut-off if water level drops below motor height in tank.
3.Sine filter
4.Any other controls shown on electrical and instrumentation drawings.
1.5 ACCEPTABLE MANUFACTURERS:
A.PAX Water Technologies (Milpitas, California)
SUBMERSIBLE MIXER
LITTLE MOUNTAIN 4.0 MG TANK REPLACEMENT 5
PART 3 – EXECUTION
3.1 INSTALLATION
A. The CONTRACTOR shall furnish services of a factory-trained installation contractor or crew having
experience with installation procedures and operation and maintenance requirements for the type of
equipment installed under these specifications. Mixer must be able to be installed through a 12”x12”
hatch. Mixer must be able to be installed without draining tank or taking tank out of service. Wet-side of
Mixer shall weigh less than 75 pounds (~34 kg) and dry-side shall weigh less than 55 pounds (~25 kg).
Both wet-side and dry-side shall able to be hoisted, installed, and/or removed by on-site personnel
without additional equipment needed, and so that there is no crush hazard or entanglement hazard
present, and so that weight of mixer on tank floor does not cause damage to interior coating.
B.Tank penetration is recommended to be above tank water line, typically through the hatch sidewall.
1.Fitting will prevent moisture intrusion into tank and ideally be horizontally oriented.
2.Fitting shall be 1” diameter fitting to allow cable to pass through.
3.Strain relief for power cable shall be part of the contractor-supplied fitting for tanks more than 30’
in depth.
4.For tanks more than 70’ in depth, or at customer’s discretion, a water-tight penetration may be
installed under the water-line.
C. Installation of the in-tank (“wet-side”) components may be performed in any of the following ways:
1.Installation by a factory-trained and drinking-water-certified potable water tank diver.
2.Installation by personnel with confined space training while the tank is drained and empty.
3.Installation by tank manufacturer personnel during tank manufacture.
4.Installation below a hatch opening in a full tank utilizing a chain.
D. Installation of the outside-of-tank (“dry-side”) components may be performed by:
1.Third party representatives or CONTRACTORS according to the manual provided.
2.UTILITY personnel according to the manual provided
E. The mixer and control center shall be installed in accordance with approved procedures submitted and
Manufacturer’s instructions supplied, unless otherwise approved in writing from the Manufacturer.
3.2 TRAINING
A. PAX Water Technologies staff (or their representatives) will instruct designated UTILITY personnel in
the safe and proper operation of the PAX Water Mixer. This training will reference the operations
manual provided with equipment and show how to check for proper functioning of the equipment.