DDW-2024-014371

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Sf + 22@J r
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WATER sysrEM I MpRovEMENTf nb^' t+-/.+t)
ECHO MUTUAL WATER COMPANY
2001
CONTRACT DOCUMENTS
FOR
WATER SYSTEM IMPROVEMENTS
JUNE 12,2AO1
RFCE,YEN
SFP 0 4 luur
KAISERMAN ASSOCIATES, INC.
P.O. BOX 610
HEBER, UT 84032
Telephone [phone]
Fax [phone] /g
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TABLE OF CONTENTS
PART I . . . . . Legal and Procedural Documents and Bonds
PART ll ... . General condifions
PART III .. .. Supptementat Londrtions
PART IV . ., . Technical Specifications
PART V . . . . Plans (Separate from Parts I, [[, III and lV)
PART I
LEGAL AND PROCEDURAL
DOCUMENTS AND BONDS
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TABLE OF CONTENTS
PART I.....LEGAL and PROCEDURAL DOCUMENTS AND BONDS
Advertisement For Bids
lnformation for Bidder's
Proposal
Bid Bond
Notice of Award
Agreement
Construction Payment Bond
Construction Performance Bond
Certificate of Owner's Attornev
Notice to Proceed
Application for Payment
Change Order
Certificate of Substantial Completion
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REQUEST FOR PROPOSAL
Echo Mutual Water Company
Owner: Summit County
Address: 60 North Main Street
Coalville, Utah 840l7
2001 Water Improvement project
Att: Summit County Engineer
Sealed bids are being requested for the 2001 Echo Mutual Water Improvement Project by
Summit County until 10:00 AM, MDT September 20,2001. The bids will then be opened and
read aloud.
Each bidder must submit a bid bond from an approved surety company on forms provided
by the Surety Company; or in lieu thereof, caslU certified check, or cashiers check not less than 5
% ofthe total amount ofthe bid, made payable to Summit County as evidence of good faith and a
guarantee that if awarded the contract, the bidder will execute the contract and furnish the
contract bonds as required. The right to reject an or all bids is reserved.
The mayor items are the replacement of 3500lineal feet of spring water transmission lines
and the redevelopment of four (4) culinary springs in Bear Hollow. Miscellaneous values, fittrngs
and tie in's are also included.
There will be a site inspection trip at on September 14, 20Ol at l:00 PM, MDT. The trip
will begin at the Utah State Highway Road Sheds, a mile east ofthe I-80 Echo offramp along the
old highway to Evanston.
The contract work is to be completed with in 75 calendar days.
The selected contractor shall work with the Summit County Public Works Engineer's
office.
The work under this contract shall be governed by President's Executive Order No.
11246, the Equal Employment Opportunity Act and the Davis Bacon Labor Provisions.
The Contract Documents and Contract Drawings can be review at the following locations:
Intermountain Contractors, 1743 West Alexander Street, Salt Lake City, Utah 84l10.
Echo Cafe, 3595 South Echo Road, Echo Utah84D24.
Summits County Engineer's Office, 60 North Main Street, Coalville, Utah 84017
Kaiserman Associates, 1020 Sage Circle, Heber City, Utah 84032
| -435-654-5 I I 8 FAX r435-6544t09
Copies of the Contract Documents can be obtained from Kaiserman Associates for the
payment of $ 35.00 for each set, none of which is refundable.
Dated this 27d' Day of August, 2001
Park Record
Published
September 1,2001
September 8, 2001
September 15,2001
Summit County Commission
Summit County Bee
Published
August 31,2001
September 7,200I
September 14,2001
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INFOR]VIATION FOR BIDDER'S
ECITO MUTUAL WATER COMPAI\IY 2OOI WATER IMPROVEMENTS
Summit Count Public Works Department (OWNER) will accept sealed bids on September
20,2Wl at I l:00 AlvI, MDT at 60 North Main Street, Coalville, Utah 84017 for the Echo
Mutual Water Company 2001 Water Improvement Project. The bids will then be opened and read
aloud.
Each bid submitted, must be in a sealed envelope with the name of Summit Count Public
Works and the Project Name Echo Mutual Water Company printed on the outside of the
envelope. Bidder's name shall also appear on the outside ofthe sealed envelope.
AII bids must be on the required proposal forms. All banks must be filled in with inlg or
typewritten, and must be sigped.
The owner may waive any informalities or minor defects and or reject all bids at it's
pleasure. Bids may be withdrawn up to the scheduled time for bids to be opened. Bids received
after the time and day set above shall not be considered. Bids shall be held open by the owner for
a period of 60 days and if not awarded within that timg may stay open for an srtended period by
mutual agreement of Owner and Bidder.
Bidder shall inspect the project plans and quantity take offand field locatioq to satis&
themselves as to the accuracy of the bid items in the PROPOSAL. This includes any addenda.
Qualified bids or conditional bids will not be accepted.
This Project will be governed by and must be complies with President's Executive Order
No. I l246,the Equal Employment Opportunity Act and the Davis Bacon Labor Provisions.
The CONTRACT DOCUMENTS CONTAIN the General Condition, the Supplemental
Conditions and the Technical Specifications that will govern this project. Information obtained
from others beyond the Engineer and these items listed above may be incorrect and the
CONTRACTOR may assume risks by using such information.
Each bidder must submit a bid bond from an approved surety company on forms provided
by the Surety Company; or in lieu thereof, castU certified chech or cashier's check for not less
tl:orrr5% ofthe total amount ofthe bid, made payable to Summit County as evidence of good faith
and a guarurtee that if awarded the contract, the bidder will execute the contract and furnish the ..
contract bonds as required. The right to reject any or all bids is reserved. As soon as the bids are
tabulated, the bid bonds for all bidders, except the three low bidders will be returned. After the
Agreement has been signed with the low bidder, the two remaining bidders bid bonds will be
returned. Upon receipt of the orecuted Perfiormance and Payment Bonds by the low bidder,
his/tre,r bid bond will be returned.
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A Payment Bond and a Performance Bond, each in the amount of 100 percent of the final
Contract Price, by surety approved by the owner, will be required.
The party(s) to whom the contract is awarded will be required to execute the Agreement
and produce the Payment and Performance Bonds with in ten (10 ) calendar days from the date of
the Notice of Award is received by the party(s).The Owner will furnish the Agreement and bond
forms. Should the Bidder not executed the Agreement and/or not provide the necessary bonds,
the Bidder shall be in default. In such case the Bid Bond shall become the property of the owner.
The Owner shall have 30 days, from receipt of the executed Documents from the
Contractor, to execute the Agfeement and return to the contractor. Should Owner not return the
executed agreements with in the 30 days, the Contractor may by written notice, request his
Agreement be withdrawn or modified. The notice shall be withdrawn upon receipt of notice by
Owner.
The Notice to Proceed shall be delivered to the Contractor within 30 days of the Bidder
executing the agreement and Owner receiving the Agreernent. Should there be a reason why the
Notice to Proceed cannot be issued, the Contractor and the Owner may extend the time period for
construction to begiq upon mutual agreement. The Contractor may terminate the Agreement
without any further liability on the part of either party.
The Owner reserves the right to determine the ability of any Bidder to perform the work.
The Bidder shall provide the Owner with any additional information as to his/her ability to
perform the construction in a satisfactory manner. The Owner may reject the bid if in the sole
desecration of the Owner, the bidder is deemed to be not qualified to complete the work.
Neither the Owner or Engineer shall be held responsible for oral instructions. Any change
in the Plans and Specifications will be done through Addendums which will be furnished to all
plan holders.
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PROPOSAL
ECHO MTTTUAL WATER COMPANY
BID SCI{EDULE
Item Description
Furnish and Install 6 inch Cl 150
PVC Water Pipe with maker tape
Furnish and Install4 inch Cl 100
PVC water Pipe with marker tape
Furnish and lnstall 6 inch gate
valves with box
Furnish and lnstall4 inch gate
valves with box
Furnish and Install Air Relief and
Vacuum Valves with Box
Furnish and Install Drain Valve with
6 x 4 tee and l0 feet of 4 inch pipe
Furnish and Install 6 inch 45 degree ells
Furnish and Install6 inch 90 degree ells
Furnish and Install 6 inch tees
Furnish and Install4 inch 45 degree ells
Furnish and Install connection into
100,000 gal. Tank ( See detail 1 A )
Furnish and Install Chlorination Bldg.
Complete
Furnish and Install connections to
small tank (See Detail l-2 )14 Furnish and Install Highway Crossing
( Bored )
14 A Furnish and Install Highway Crossing
( Open Cut )
Furnish and Install4 inch perf.
Spring Colleotion Pipe
Furnish and Install4 inch CL 100
PVC Water Pipe at Spring Areas
Furnish and Install Clay Dams at each
Spring Collec.tion Area ( 3'x 3'x l')
Quantity
2233 L. F
t240 L.F
3 Each
I Each
2Each
2Each
2 Each
2 Each
I Each
5 Each
l Each
l Each
I Each
l Each
I Each
223 L.F.
138 L.F.
4 Each
Unit Price Amount
1I
2
5
6
l0
l1
L.S.t2
13
t5
l6
r7
L.S.
L.S.
L.S.
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Page Two
Echo Mutual Water Company Bid Schedule
ltem Description Unit Price Amount
l8
t9
Furnish and Install Washed Gravel at
Spring Collection Sites ( 2" max. 1" min.)
Furnish and Install l0 feet ofcover over
each Spring Area or Furnish and Install
10 mil thick plastic liner for each spring area
Furnish and lnstall 4' x 4' x 4'
Quantity
60 c. Y.
750 S. Y.
4 Each
1100 L.F.
30s L.F.
2r4 L. F.
1L.S.
I Each
2l
1'.)
23
24
25
26
27
concretejunction boxes at each Spring Area
Furnish and Install4 inch x 2 inch drains 5 Each
at each Spring Area
Remove excess excavated material from site.I Each
(To 20 feet South of Chlorination Bldg.)
Furnish and Install4 wire stock fence
with posts at l0 feet max.
2 foot X I foot interceptor ditch at
four spring sites
3 foot X 1 foot rock ditch at
each spring site
Improve Water Channel to
dispose of waste water
Clean up Canyon and Spring Areas
when project is complete
L.S.
L. S.
Total amount of Bid
Please add only Item 14 or 14 A into your total, not both.
The contractor has checked the above figures and understands that in signing this bid, that
he/she, the contractor, takes responsibility for any errors in the bid.
Attest:Bid Submitted bv:
Utah Contractor Number
Phone Number
Signature
Title
Address
Date
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Bid Bond
Schedule I
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal,
as Suret5l, are
hereby Held frrmly bound unto
Owner in the penal sum of
the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns. Signed, this day of
. The Condition of the above obligation is such that
whereas the Principal has submitted to
a certain Bid, attached hereto and hereby made a part hereof to
as
for
enter into a contract in writing, for the
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If Bid shall be accepted and the Principal shall execute and deliver a
contract in the Form of Contract attached hereto (property completed in
accordance with said Bid) and shall furnish a bond for his faithful
performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other
respects perform the agreement created by the acceptance of said Bid, then
this obligation shall be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the
Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
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The Surety, for value received, hereby stipulates and agrees that the
obligations of the said Surety and its bond shall be in no way impaired or
affected by any extension of the time within which the Owner may accept
such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers, the day and year fust set
forth above.
(L.s.)
Principal
Surety
IMPORTANT-Surety companies executing bonds must appear on the Treasury
Deparfrnent's most current list (Circular 570 as amended) and be authorized,to transact
business in the state where the project is located.
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DOCUMENT 00360
NOTICE OF AWARD
To:
PROJECT Description: Echo Mutual Water Companv - Water Svstem
Upgrade.
The OWNER has considered the BID submitted by you for the
above described WORK in response to its Advertisement for Bids
dated June 15, 1998, and Information for Bidders'
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You are herebY
items in the amount
that your BID has been accePted fornot i fiedof$
you are required by the Information for Bidders to execute
the Agreement anA furnish the required CONTRACTOR'S Performance
BOND, payment BOND, and certificates of insurance within ten (10)
calendar days from the date of this Notice to you'
If you fall to execute said Agreement and to furnish said
BONDS wilhin ten (10) days from the date of this NOTICE, said
OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your BID as abandoned and as a for-
feiture of your BID BOND. The OWNER will be entitled to such
other rights as may be granted by law-
to return an acknowledged copy of this
OWNER.
Owner
By
ACCEPTANCE OF NOTICE Tit Ie
Receipt of the above NOTICE OF
AWARD is hereby acknowledged
You are required
NOTICE OF AWARD tO thE
Dated this.
(Company
this the_daY
Name )
of
By
Tit 1e
, 1998.
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Agreement
THIS AGREEMENT. made this dav of
and between hereinafter called "Owner"
(Name of owner or individual)
doing business as
a corporation hereinafter called *CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
l. The CONTRACTOR will commence and complete
the consffuction of
2. The CONTRACTOR will furnish all of the material, supplies, tools,
equipment labor and other services necessary for the construction of the PROJECT
described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within calender days after the date of the NOTICE TO
PROCEED and will complete the same within calender days unless
the period for the completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the
sum of or as shown in the BID SCHEDULE.
5. The term *CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for Bids
(B) lnformation for Bidders
(c) Bid
by
Agreement, Page I
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(D)
(E)
(F)
(G)
(H)
(D
(r)
(K)
(L)
(M)
Bid Bond
Agreement
General Conditions
Supplemental General Conditions
Payment Bond
Performance Bond
Notice of Award
Notice to Proceed
Change Order
Drawings prepared byI
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numbered
20through and dated
(N) Specifications prepared or issued by
Dated- 2o-.
(O) Addenda:
No.
-,
dated-,20
No. , dated- 20-_
No.
-,
dated-,zO-
No. , dated- 20-
No.
-,
dated-,}0-
No. , dated-,zD-
The OWNER will pay to the CONTRACTOR in the manner and at such
times as set forth in the General Conditions such amounts as required by the
CONTRACT DOCUMENTS.
Agreement Page 2
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7. This agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have eiecuted, or caused to be executed by
theirdulyauthorizedofficials,thisAgreement(#eaclrofwhich
shall be deemed an original on the date first above written.
Agreement Page 3
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CONTRACTOR AS PRINCIPAL
Company:(Corp. Seal)
SURETY
Company:
Signature:
SURETY
Company:
Signature:
(Corp. Seal)
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Name and Title:
(Corp. Seal)(Corp. Seal)
Name and Title:Name and Title:
EJCDC No. l9l0-288 (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers'Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract
Amount:
Modifications to this Bond Form:
Construction Performance Bond
Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable.
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CONTRACTOR tName and Address):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company:(Corp. Seal)
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company:(Corp. Seal)
SURETY (Name and Principal Place of Business):
SURETY
Company:
Signature:
(Corp. Seal)
Name and Title:
SURETY
Company:
Signature:
(Corp. Seal)
Signature:
Name and Title:Name and Title:
EJCDC No. l9l0-284 ( 1984 Edition)
Prepared through the joint efforts of The Surety Association of America, Engineers'Joint Contract Documents Committee. The Associated
General Contractors of America. and the American lnstitute of Architects.
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CERTIFTCATE OF OWNER'S ATTORNEY
l, the undersigned,the duly authorized and acting legal
representative of do hereby certify as follows.
I have examined the attached contract(s) and performance and payment bond(s) and the
manner of execution thereot and I am of the opinion that each of the aforesaid agreements has
been duly executed by the proper parties thereto acting through their duly authorized
represcntatives; that said representatives have full power and authority to execute said agreements
on behalf of the respective parties named thereon; and that the foregoing agreements constitute
valid and legally binding obligations upon the parties executing the same, in accordance with
terms, conditions, and provisions thereof.
NOTICE TO PROCEEI)
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19_
(coNTrAcroD
ADDRESS:
OWNER'S PROJECT NO.
PROJECT
OWNER'S CONTRACT NO.
CONTRACT FORI
I
(h|'r !.d dcnrr..t.. h.tFr| h |b lidC[ Doeln||)
You are notified that the Contract Time under the abovc contract will commence to runon-,l9-.Bythatdate,youarctostartp€rformingyourobli-
gations under the Contract Documents. In accordance with Article 3 of the Agreement
the dates of Substantial Completion and Finalrnd Final Completion arel9-, respectively.19- and
Before you may start any Work at the site, paragraph2,T of the General Conditions
provides that you and Owner must each deliver to the other (with copics to ENGINEER)
certificates of insurance which each is requircd to purchase and maintain in accordancc
with the Contract Documents.
Also before you may start any Woik at the sitc, you must
(ddott rrl|drcccrf
Copy to ENCINEER
(Use Certified Mail,
Return Receipt Requested)
By (AUTr|OruZADsreI{ATUlEt
ff|TLE)
Prcprnd by thc Enjinccn loint Contrrl Docuocnts Coornincc lrd co&ncd by Ttrc A$oci{cd Gencrrt Coltnctors of Amcrict.
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I APPLICATION FOR PAYMENT NO.
(OWNER}
Contract for
By
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OWNER's Pro.lect No.ENGINEER's Project No.
For Work accomplished through the date of
Total
(Orig. Contract)
C.O. No. I
C.O. No. 2
Accompanying Documentation :CROSS AMOUNT DUE
LESS 7o RETAINAGE
AMOUNT DUE TO DATE
LESS PREVIOUS PAYMENTS
AMOUNT DUE THIS APPLICATION . .. . , .. ..
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (l) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered I through ---jnclusive: and
(2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for
Payment will pass to OWNER at timc of payment free and clear of all liens, claims, security interests and encumbrances
(except such as covered by Bond acceptable to OWNER).
Dated r9_
CONTRACTOR
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated t9
CONTRACTOR's Schcdulc of Valucs
ByI
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ENCINEER
Prepred by the Engineers'Joint Contract Documcnts Committee and endorscd by Thc Associatcd Ocncnl Contractors ofAmcrica.
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(lnstructions on reverse side)
PROJECT:
OWNER:
(Name,
Address)
CONTRACTOR:
CONTRACT FOR:
You are directed to make the following changes in the Contract Documents,
Description:
Purpose of Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
No.
DATE OF ISSUANCE:
OWNER's Project No.
ENGINEER:,
ENGINEER's Project No.
CHANGE IN CONTRACT TIME:
Original Contract Time
days or datc
Previous Change Orders No.- to No.
-
q
Net change from previous Change Orders
Price prior to this Change Order Contract Time Prior to this Change Order
days or datc
Net Increase (decrease) of this Change Order
$
Net Increase (decrease) of this Change Order
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
days or dalc
RECOMMENDED APPROVED:APPROVED:
Enginecr
bybyby
Prepared b\ the Enginer'rs Joinl Contract Documentr Committer'and endor\ed br The Arsociated General Contractors of.{menca
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER's Proiect No. ...ENGINEER's Project No.
Project
CONTRACTOR
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Contract For Contract Date . .
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified
parts thereof:
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR
and ENGINEER. and that Work is hereby declared to be substantially complete in accordance with the Contract Documents
on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to
include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the
Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within
-days
of the above date of Substantial Completion.
To
hepared by the Engineers' Joinl Contract Documents Committee and endorsed b) The Associated General Contractors of America
Construction Payment Bond
Any singular reference to Contractot, Sur"ty, O*n". or oth". p4y shall be considered plural where applicable.
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CONTRACTOR (Name and Address):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract Date):
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company:
Signature:
(Corp. Seal)
Name and Title:
CONTRACTOR AS PRINCIPAL
Company:
Signature:
(Corp. Seal)
Name and Title:
SURETY (Name and Principal Place of Business):
SURETY
Company:
Signature:
(Corp. Seal)
Name and Title:
SURETY
Company:
Signature:
(Corp. Seal)
Name and Title:
EJCDC No. 19l0-288 (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The AssociatedGeneral Contractors of America' American Institute of Architects, American Subcontractors Association. and the Associated SpecialtyContractors.
l. The Contractor and the Surety. jointl)' 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 perfor'
mance of the Consrruction Contract. which is incorporated herein by
reference.
?. With respect to the Owner. this obligation shall be null and void if the
Contractor:
2. i. Promptly makes payment. directly or indirectly. for all sums due
Claimants. and
2.2. Defends, indemnifies and holds harmless the Owner from all claims.
demands. liens or suits by any person or entity who furnished
labor. materials or equipment for use in the performance of the
Construction Contract. provided the Owner has promptly notified
the Contractor and the Surety {at the address described in Para-
graph 12) of any claims. demands. liens or suits and tendered
defense of such claims. demands. liens or suits to (he Contractor
and the Surety. and provided there is no Owner Default.
3. with respect to Claimants. this obligation shall be null and void if the
Contractor promptly makes payment. directly or indirectly. for all sums
due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4. l. Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph l2) and sent a copy' or notice thereof. to
the Owner. staling that a claim is being made under this Bond
and, with substantial accuracy. the amount of the claim'
4.2. Claimants who do not have a direct contract with the Contractor:
L Have furnished written notice to the Contractor and sent a
copy. or notice thereof. to the Owner. within 90 days after
having last performed labor or last furnished materials or equip-
ment included in the claim stating. with substantial accuracy.
the amount of the claim and the name of the party to whom
the materials were furnished or supplied or for whom the labor
was done or performedl and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days' have sent a
written notice to the Surety (at the address described in Para-
graph 12) and sent a copy, or notice thereof. to the Owner,
stating that a claim is being made under this Bond and enclosing
a copy of the previous written notice furnished to the Con-
lractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.l. €end an answer to the Claimant, with a copy to the Owner. within
45 days after receipt of the claim. stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts'
7. The Surety's total obligation shall not exceed the amount ofthis Bond.
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract
and to satisfl 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
Cbnstruclion Contract are dedicated to satisfy obligations of the Con-
tractor and the Surety under this Bond. subject to the Owner's priority
to use the funds for the completion of the work.
9. The Surety shall not be liable to the Owner. Claimants or others for
obligations of the Contractor that are unrelated to the Construction Con'
tract. The Owner shall not be liable for payment ofany costs orexpenses
of any Claimant under this Bond. and shall have under this Bond no
obligations to make payments to. give notices on behalf of. or otherwise
have obligations to Claimants under this Bond.
10. The Surety hereby waives notice ofany change. including changes of
time. to the Construction Contract or to related subcontracts. purchase
orders and other obligations.
I l. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year
from the date (l) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2 (iii). 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 (l)
or (2) first occurs. lfthe provisions ofthis Paragraph are void or prohibited
by law. the minimum period of limitation available to sureties as a defense
in thejurisdiction ofthe suit shall be applicable.
12. Notice to the Surety. the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor. however accomplished.
shall be sufficient compliance as ofthe date received at the address shown
on the signature page.
13. When this Bond has been furnished to comply with a stat.utory or
other legal requirement in the location where the construction was to be
performed. any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is, that this Bond shall be construed as a
statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary ofthis Bond. the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
I5. DEFINITIONS
15.1. 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
ofthe Contract. The intent ofthis Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part
ofwater. gas. power, light, heat, oil, gasoline. telephone service
or rental equipment used in the Construction Contract, architec-
tural 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.
15.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page. including all
Contract Documents and changes thereto.
15.3. Owner Default: Failure of the Owner. which has neither been
remedied nor waived. to pay the Conlractor as required by the
Construction Contract or to perform and complete or comply
with the other terms thereof.
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(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
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(lnstructions on reverse side)No.
PROJECT:
OWNER:
(Name,
Address)
CONTRACTOR:
DATE OF ISSUANCE:
OWNER's Project No.
ENGINEER:,
CONTRACT FOR:
ENGINEER's Project No.
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
s
days or datc
Previous Change Orders No.- to No.
$
Net change from previous Change Orders
Contract Price prior to this Change Order
$
Contract Time Prior to this Change Order
days or datc
Net Increase (decrease) of this Change Order
$
Net Increase (decrease) of this Change Order
days
Contract Price with all approved Change Orders
s
Contract Time with all approved Change Orders
days or dalc
RECOMMENDED:APPROVED:APPROVED:
Enginccr
CHANGE IN CONTRACT TIME:
Original Contract Time
bybyby
Prepared frr the Enginec'rs' Joint C()niract Documentr Committer'rnd endorred br The .A,ssocialed General Conlractors of .{menca
CiiiAl.iGl UciillR
INSTRUCTIONS
A. GENERAL INT-ORI\IATION
This document was developed to provide a uniform format for handling contract changes
that affect Contract Price or Contract Time. Changes that have been initiated by a Work
Directive Change must be incorporated into a subsequent Change Order if they affect
Price or Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a
Change Order. The practice of accumulating change order items to reduce the adminis-
trative burden may lead to unnecessary disputes.
For supplemental instructions and minor changes not involving a change in the Contract
Price or Contract Time. a Field Order mav be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the fbrm. including a description of the changes involved and attach-
ments based upon documents and proposals submitted by Contractor, or requests from
Owner. or both.
Once Engineer has completed and signed the form. all copies should be sent to Contractor
for approval. After approval by Contractor. all copies should be sent to Owner for
approval. Engineer should make distribution of executed copies after approval by Owner.
lf a change only applies to price or to time. cross out the part of the tabulation that does
not apply.
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Construction Performance Bond
Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable.
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CONTRACTOR (Name and Address):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company:(Corp. Seal)
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company:(Corp. Seal)
SURETY (Name and Principal Place of Business):
SURETY
Company:
Signature:
(Corp. Seal)
Name and Title:
SURETY
Company:
Signature:
(Corp. Seal)
Signature:
Name and Title:Name and Title:
EJCDC No. l9l0-284 ( 1984 Edition)
Prepared_through the joint efforts of The Surety Association of America. Engineers' Joint Contract Documents Committee, The AssociatedGeneral Contractors of America. and the American Institute of Architects.
l. l-he Contractor and the Suretl . jorntly and severally. bind thenrselles.
their heirs. ereculors. administrators. sl.lcce\sors and assigns to lhc Ouner
for the pet{ormance of the Construction Contr:tct. *hich is incorporated
herein by refcrence.
L Ifrhe Contractor perftrrms the Construction Contract. the Surety and
th€ Contractor shall have no obligation under this Bond. ercept to par-
ticipate in conferences as provided in Subparagraph .1. l.
3. If there is no Owner Default. the Surety's obligation under this Bond
shall arise after:
-1.1, The Owner has notined the Contractor and the Surety at its ilddress
described in Paragraph l0 belou'. that the Ouner is considering
declaring a Contractor Default and has requested and attempted
to arrange a conference uith the Contractor and the Surety'to be
held not laler than fifteen dals after rcceipt of such notice to
discuss methods of performing the Cons(ruction Contract. lf the
Owner. the Contractor and the Suretv agree. the Contractor shall
be allowed a reasonable time to perform the Construction Con'
tract. bu( such an agreement shall ntlt r,r'aive the O$ner's right. if
an-v. subsequentll, to declare a Contractor Default: andl.l. ]'he Owner has declared a Contractor Dcfault and lbrmall.v" ter-
minated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than t*enty'days
after the Contractor and the Surety have received notice as pro-
vided in Subparagraph -1.1: and
1.3. The Owner has agreed to pay the Balance of the Contract Price
to the Surety in accordance uith the terms of the Construction
Contracl or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract *ith the
Owner.
4. When the O*'ner has satisfied the conditions of Paragraph 3. the Surety
shall promptly and at the Suretl's expense take one of the following
aclions:
4. L Arrange for the Contractor. with consent of the Owner. to perform
and complete the Construction Contract: or
4.1. Undertake to perform and complete the Construction Contract
itself. through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and com-
pletion ofthe Construction Contract. arrange for a contract to be
prepared for execution t y' the Owner and the contractor selected
with the Owner's concurrence, to be secured u'ith 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 6 in
excess ofthe Balance ofthe Contract Price incurred by the Owner
resulting from the Contractor's default: or
4.4. Waive its right to pedorm and complete. arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:L After investigation. determine the amount for which it may be
liable to the Owner and. as soon as practicable after the amount
is determined. tender payment therefor to the Owner: or
l. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. lfthe Surety does not proceed as provided in Paragraph 4 with reason-
able promptness. the Surety shall be deemed to be in default on this Bond
fifteen 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 anl remedy available to
the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and
the Owner refuses the payment tendered or the Surety has denied liability'
in whole or in part. without further notice the Ouner shall be entitled to
enforce any remedy available to the Owner.
6. After the O*ner has terminated the Contraclor's light to complete the
Construction Conlract. and ifthe Surety elects to act under Subparagraph
4. | . .t.1. or.{.-1 above. then the responsibilities of the Surety to the Owner
shall not be greater than those ofthe Contractor under the Construction
Contract. and the responsibilities of the Owner to the Surety shall not be
greater than those ofthe Owner under the Construction Contract. To the
limit of the amount of this Bond. but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages
on the Constructicln Contract, the Surety is obligated without duplication
for:
6. l. The responsibilities of the Contractor for ctlrrection of defective
work and completion of the Construction Contract:
6.1. Addirional 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 4: and
6.3. Liquidated danrages, or if no liquidated damages are specified in
the Cons(ruction Contract. actual dam:rges caused by delayed
performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract. and the
Balance of the Contract Price shall not be reduced or set off on account
of any such unrelaled obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs. executors.
administrators. or successors.
8. 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.
9. Any proceeding. legal or equitable. under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work
or part ofthe work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased work-
ing or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. lf the provisions of
this Paragraph are void or prohibited by law. the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety. the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
ll. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
performed. any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12. Definitions.
12.1. 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 to
the Contractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims for dam-
ages 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.
12.2. Construction Contract: The agreement between the Ownerand
the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor. which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4. Owncr Default: Failure of the Owner. which has neither been
remedied nor waived. to pay the Contractor as required by the
Construction Contract or to perform and complete or comply
with the other terms thereof.
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(FOR INFORMATION ONLY-Name.
ACENT or BROKER:
Address and Telephone)
OWNER'S REPRESENTATIVE (Architect,Engineer or other party):
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CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER's Project No. .. .ENGINEER's Project No. ...
Prnipcr
CONTRACTOR
Contract For ...Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specifi€dparts thereof:
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTORand ENGINEER. and that Work is hereby declared to be substantially complete in accordance with the Contract Documentson
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure roinclude an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with theContract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within _daysof the above date of Substantial Completion.
To
Prepared by the Engineers' Joinl Contract Documents Committee and endorsed bl The Associated General Contractors of Amenca
The responsibilities between
insurance and warranties shall
RESPONSIBILITIES:
OWNER:
OWNER and CONTRAC'IOR for
be as follows:
security. operation. safety. maintenance. heat. utilities,
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The following documents are attached to and made a part of this Certificate:I
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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.I
Executed by ENGINEER on .. . , 19 ..
ENGINEER
By ....
CONTRACTOR accepts this Certificate of Substantial Completion on . . . , 19 .
CONTRACTOR
OWNERacceptsthis Certificateof Substantial Completionon .. .......... 19
OWNER
Br' ....
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TABLE OT CONTENTS
PART tr.....GENERAL CONDITION
Crcneral Conditions
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title Pape
, I DEFINITIONS ..... 7
2 PRELIMINARY MATTERS 8
3 CONTRACTDOCUMENTS:
INTENT. AMENDINC AND REUSE . 9
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS
5 BONDS AND INSURANCE
6 CONTRACTOR'SRESPONSIBILITIES
7 OTHERWORK
8 OWNER'SRESPONSIBILITIES
9 ENCINEER'S STATUS DURING CONSTRUCTION .
IO CHANGES IN THE WORK
II CHANGE OFCONTRACT PRICE
I t2 cHANGE oF coNTRAcr rIME .
I 13 wARRANTYANDGUARANTEE:TESTSAND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
PAYMENTS TO CONTRACTOR AND COMPLETION
SUSPENSION OF WORK AND TERMINATION
ARBITRATION ...
MISCELLANEOUS
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^lTNDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of Insurance . . . . . . . . 5. 13
Access to the Work .. .. . . 13.2
Addenda-{efinition of (see definition of
Specifications) ..". ........ I
Agreement--definition of .... ....... I
AllRisklnsurance .........5.6
Amendment, Written l,3.1.1
Application for Payment--definition of .... ... .. .. I
ApplicationforPayment,Final . ....... 14.12
Application for Progress Payment .. .... 14.2
Application for Progress Payment-review of . . .. 14.4-14.7
Arbitration .;...............16
Authorized Variation in Work .... 9.5
Availability of Lands . . .. .. 4.1
Award. Notice of-defined .. ....... I
Before Starting Construction . 2.5-2.7
Bid--definition of . ........ .. I
Bonds and Insurance-in general .......... 5
Bonds-definition of ......... I
Bonds,Deliveryof .... ......2.1,5.1
Bonds.PerformanceandOther ......5.1-5.2
Cash Allowances .. .... ... I1.8
Change OrderJefinition of . .. ..... I
ChangeOrders-tobeexecuted ........ 10.4
Changes in the Work . ...... l0
Claims, Waiverof---on Final Payment ..... ... 14.16
Clarifications and Interpretations . .... .. . 9.4
Cleaning ... 6.17
Completion ....: .. .......... 14
Completion. SubstSntial
Conference.PrEconstruction... .........2.8
Conflict. Error, Discrepancy-Contractor
to Report . .. 2.5, 3.3
Construction Machinery, Equipme nt. etc. . . .... 6.4
Continuing Work . ........ 6.29
Contract Documents-amending and
supplementinC .. .. . 3.4-3.5
Contract Documents-definition of . . . . .. .. .. .... . I
Contract Documents-lntent . 3.1-3.3
ContractDocuments-Reuseof .........3.6
Contract Price, Change of .. .... ... I I
Contract Priceiefinition .. . . . ..... I
Contract Time. Change of . . .. .. ... 12
Contract Time, Commencement of .. .. . .. ...... 2.3
ContractTime--definitionof ....... I
Contractor-definitionof .... ....... I
Contractor May Stop Work or Terminate ...... l-5.5
Contractor's Continuing Obligation .. .. l{.I-s
Contractor's Duty to Report Discrepancy
inDocuments..... 1.5.3.1
Contractor's Fee-Cost Plus ... ll.-1.5.6. ll.5.l. ll.6-11.7
Contractor's Liability Insurance ......... -s.3
Contractor's Responsibilities-in general ......... 6
Contractor's Warranty of Title . . . 14.3
Contractors<ther . . ... ..... 7
Contractual Liability Insurance ... 5.4
Coordinating Contractor--definition of .... ..... 7.4
Coordination .......7.4
Copies of Documents ..... ........ 2.2
Correction or Removal of Defective Work . . . . 13.l I
Correction Period. One Year ... 13.12
Correction, Removal or Acceptance o[ DefectrveWork-ingeneral ......13.11-13.14
Cost-netdecrease ..... 11.6.2
Cost of Work . I l.+ I 1.5
Costs,Supplemental .... 11.4.5
Day-definition of . ........ .. I
Defective4efinition of . ... ........ I
Defecrive Work. Acceptance of . 13.13
Defective Work. Correction or Removal of .......... l3.ll
Defective Work-in general 13. 14.7, l4.l I
Defective Work, Rejecting . . . . .. .. 9.6
Definitions ........... I
Deliveryof Bonds ......,..2.1
Determination for Unit Prices . .. 9.10
Disputes, Decisions by Engineer . . . 9.1 l-9.12
Documents, Copies of .. .. ....... 2.2
Documents, Record . . .. . 6. 19
Documents,Reuse. .......3.6
DrawingsJefinition of . ... .... .. .. I
Easements :...............4.1
Effective date of Agreement-definition of ............... I
Emergencies ...... 6.22'Engineer-definitionof .... ......... I
Engineer's Decisions 9.10-9.1?
Engineer's-Notice Work is Acceptable ...... 14.13
Engineer's Recommendation of Payment ...... 14.4, 14. l3
Engineer's Responsibilities. Limitations
on ... ...6.6.9,11.9.11-9.16
Engineer's Status During Construction-in general ... .. . 9
Equipment. Labor. llaterials and ... ....... 6.3-6.6
Equivalent Matcrials and Equipment .... .......6.7
E.rplorations of physical conditions 4.1
Fee.Contractor's-CostsPlus.. ........11.6
FieldOrder-definitionof .... ............. I
Field Order-issued by Engineer . . 1.5.1. 9.5
Final Application for Payment . . . .... . l.l.ll
Final Inspection... .....l.1.ll
Final Payment and Acceptance . . .. . .. 14. ll
Final Payment. Recommendation of . . . . 14. l3-1.1. l{
Ceneral Provisions ..17.3-17.1
General Requirements-definition of ..... ........ I
General Requirements-principal
references (o .... ...... :.6..1.{. 6.4.6.6-6.7. 6.:3
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I GivingNotice ........17.1
fI Indemnification ... 6.30-6.32I Inspcuiiun. Final . . . .. 14. | |
Inspection, Tests and ... 13.3
I Insurance. Bonds and-in general . . . .. . . 5
f Insurance, Certificates of . . .. ... .. .. . 2.7, sr Insurance-<ompleted operations ... .... 5.3Insurance,Contractor'sLiability ...... j.3
I Insurance, Contractual Liability .. .... , 5.4
I Insurance, Owner's Liability ... 5.5
rnsurance, rroperty 5.6_5.13Insurance-WaiverofRights. .........5.11
I Intent of Contract Documenrs . . . 3.3, 9. 14I Interpretations and Clarificarions . .. .. . 9.4
Investigations of physical conditions . . . 4.2
I
I Labor, Materials and Equipmenr .... . . .. ., 6.3-6.5r Lawsand Regulations-definition of .... ......... I
Lawsand Regulations-general .......6.14
I Liability Insurance-Contractor's . .. . . 5.3
t Liability Insurance-Owner's . ....... . 5.5
Liens---definitions of 14.2
Payments to Contractor-when due . ... 14.4. 14.13
Payments to Contractor-wirhholding .. 14.7
PerformanceandotherBonds . ...... 5.1-j.2Permits ...6. 13
Physical Conditions . . .... 4.2
Physical Conditions-Engineer's review . .... . 4.2.4
Physical Conditions-existing structures .. .. .. 4.2.2
Physical Conditions-explorations and reports . .. .... 4.2.1
Physical Conditions-possible document change ... .. 4.2.s
Physical Conditions-price and time adjustmenrs .. . . 4.2.:s
PhysicalConditions-reportofdiffering .. ... 4.2.jPhysicalConditions-UndergroundFacilities ...4.3PreconstructionConference.... ,...,..2.8
Preliminary Matters ... ... 2
Premises. Use of . 6. 16-6. 18
Price.Changeof Contract ......11
Price-Contract-definitionof .... .........1
Progress Payment, Applications for .... ....... 14.2
Progress Payment-retainage .........l4.z
Progress schedule 2.6,2.9,6.6,6.29, 15.2.6
Project-definition of .. .. .. . I
Project Representation-provision for . . . ...... 9.3
Project Representative. Resident-definition of ...'....... I
Project, Starting the .. . .......... 2.4
Property Insurance 5.6-5.13
Property Insurance-Partial Utilization ... .... 5.15
Property Insurance-Receipt and ApplicationofProceeds .....5.12-5.13
Protection, Safety and ..... 6.20-6.21
Punch list . .. .. l4.l I
Recommendation of Payment . . 14.4, 14.13RecordDocuments ......6. 19
Reference Points . ...... .. 4.4
Regulations, Lawsand ........6. 14
Rejecting Defective Work . .. ... 9.6
Related Work at Site . . .... 'l.l-7.3
Remedies Not Exclusive . . . . . .. .... ... 17.4
Removal or Correction of Defective Work . . . 13.l I
Resident Project Representative-definition of ........... I
Resident Project Representative-provision for 9.3
Responsibilities, Contractor's-ingeneral ....... 6
Responsibilities, Engineer's-in general ................. 9
Responsibilities. Owner's-in general ............ 8Retainage ..... 14.2
Reuseof Documents ..........3.5
Rightsof Way.. .........|.1
Royafties. Patent Fees and . . . . .... .. . 6.12
Safety and Protection .... 6.20-6.21Samples . ... 6.23-6.28
Schedule of progress
Schedule of Shop Drawing
submissions
Schedule o[ values .. . .
Schedules. Finalizing ...2.9ShopDrawingsandSamples.... .6.23-6.2g
Shop Drawings-definition of . . . .. .. ... .. l
Shop Drawings. use to approvesubstitutions .......6.i.3
Limitations on Engineer's
Responsibilities ... ...6.6,9.11,9.13-9.16
Materials and equipment-furnished by Contractor .. . . 6.3
Materials and equipment-notincorporatedinWork .......l4.z
Materials or equipment-equivalent . .. 6.7
Miscellaneous Provisions .......17
Mufti-prime contracts . . ... . ...... 7
Notice.Givingof .... ..........17.1
Noticeof Acceptabilityof Project ..... ...... 14.13
Noticeof Award-definitionof .... ...... I
Notice to Proceed-definition of .... ...... INoticetoProceed-givingof ..........2.3
"Or-Equal" Items . ..... 6.7
Other contractors . ....... 7
Other work .. . .. . 7
Overtime Work-prohibition of . .. .. . . . 6.3Owner-definitionof ............ I
Owner May Correct Defective Work .
Owner May Stop Work . . ... . ll.l0
Owner May Suspend Work. Terminate . .
Owner's Duty to Execute Change Orders
Owner's Liability Insurance ... -s.5Owner's Representative-Engineer to serve as ........
Owner's Responsibilities-in general ............ g
Owner's Separare Represehtative at site ....... 9.3
PartialUtilization. .. 14. l0
Partial Utilization-definitionof .........I
Partial Utilization-Property Insurance ....... 5.1,5
Patent Fees and Royalties .... 6. ll
Payments. Recommendation of . . . 1.1.4- 14.7. 11. l3
Payments to Contractor-in general .. .. 14
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ISite. Visits teby Engineer '. .... 9.2
Spccificationsiefinition of .. .. .... .. . .... I
Starting Construction. Before . 2.5-2.8
Starting the Project . ...... . 2.4
Stopping Work-by Contractor .. 15.5
Stopping Work-by Owner . .. . . 13.10
Subcontractor-definitionof .... ...'...'...1
Subcontractors-in general .. 6.8-6. I I
Subcontracts-required provisions .'... 5.ll.l' 6'll
I 1.4.3
Substantial Completion<ertification of .... ... 14.8
Substantial Completion---definition of .'... ... '.... I
Substitute or "Or-Equal" Items . .. .. .. '. 6.7
Subsurface Conditions . 4.2'4-3
Supplemental costs ..... 11.4.5
Supplementary Conditions-definition of .... .. .. . I
Supplementary Conditions-principal
references to . . 2.2, 4.2, 5.1,5.3, 5.6'5.8' 6.3, 6.13' 6.23'
7.4,9.3
Supplementing Contract Documents . 3.4'3.5
Supplier{efinition of . .... '. ' '. '... I
Supplier-principal references to .. . 3.5, 6.5,6.7'6.9,6.20,
6.24.9.13,9.15, 11.8. 13.4, 14.12
Surety<onsent to payment . .. . . . .. .. . 14. 12, 14.14
Surety-Engineer has no duty to .. . . . . . 9.13
Surety-noticeto.. ...10.1, 10.5, 15.2
Surety--qualificationof .... .. 5.1-5'2
SuspendingWork,byOwner .... l5.l
Suspension of Work and Termination-in general . . . .. .. 15
Superintendent-Contractor's.. .......'.6.2
Supervision and Superintendence . . . . 6. I -6.2
Taxes-PaymentbyContractor... ......6.15
Termination-by Contractor .. . .. . . . .... 15.5
Termination-by Owner .... 15.2-15.4
Termination, Suspension of Work and-in general ..... . . 15
Tests and lnspections ...... 13.3-13.7
Time, Change of Contracl .... . . .. . 12
Time.Computationof .... ,......17.2
Time. Contractiefinition of . . . .. .. .. .... . I
Uncovering Work . .. 13.8-13.9
Underground Facilities-definitionof .... ......... I
Underground Facilities-not shown or indicated .. ... 4.3.2
Underground Facilities-protection of .. .. 4.3, 6.20
Underground Facilities-shown or indicated . . 4.3.1
Unit Price WorkJefinition of . .... I
UnitPrice Work-general .... ...... 11,9, 14.1, 14.5UnitPrices ...... ll.3.l
Unit Prices, Determinations for . . . .. . . .. 9. l0
Useof Premises .....6.1tr,.18
Utility owners .. .. . 6.13, 6.20. 7.2-7.3
Values. Schedule of 2.6.2.9. t4.l
Variations in Work-Authorized .. . . . 6.25,6.27,9.5
Visits to Site-by Engineer ..... .. 9.2
Waiver of Claims-on Final Payment . . 14.16
Waiver of Riglrts by insured panies . . . . . . 5.10, 6.1 I
Warranty and Guarantee-by Contractor . . . . .. 13.l
Warranty of Title, Contractor's . . 14.3
Work, Access to .. .. .. .. . 13.2
Work-byothers . ...........7
Work Continuing During Disputes ...... 6.29
Work, Cost of I l.+l1.5
Work--definition of ......... I
Work Directive Change{efinition of .... ........ I
Work Directive Change-principal
referencesto .... ...3.4.3, l0.l-10.2
Work, Neglected by Contractor . . .. . .. 13.14
Work, Stopping by Contractor . .. 15.5
Work, Stopping by Owner ..... .... l5.l-15.4
Written Amendmentiefinition of .... . .......... I
Written Amendment-principal
referencesto.... ...3.4.1, 10.1, 11.2, 12.1
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GENERAL CONDITIONS
ARTICLE I_DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
Addenda-W ritten or graphic insrruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
Agreement-The written agreement between OWNER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereofas provided therein.
Application Jbr Pavment-The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments.and which is to include such sup-porting documentation as is . required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on theprescribed form setting forth the prices for the Work to be
performed.
Bonds-Bid, performance and payment bonds and other
instruments of security.
C han g e O rde r- Adocument recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or.after the Effective Date of the Agreement.
Contract Documents-The Agreement, Addenda (which per-
tain to the Conrract Documents), CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Bonds,
these General Conditions, the Supplementary Conditions, the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. rogether with all amend-
ments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
Contract Price-The moneys payable by OWNER to CON-TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph l 1.9.1 in
the case of Unit Price Work).
Contract Time-The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corporarion with whom
OWNER has entered into the Aqreemenr.
delbctive-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient, or
does not conform to the Contract Documents, or does not
meet the requirements of any inspection. reference standard,
test or approval referred to in the Contract Documents, orhas been damaged prior to ENGINEER's recommendation
offinal payment (unless responsibility for the protection thereof
has been assumed by OWNER at Subsrantial Completion in
accordance with paragraph 14.8 or 14. l0).
Drawings-The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-tract Documents.
Effecti,ve Date of the Agreement-The date indicated in the
Agreement on which it becomes effective. but if no such dateis indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGINEER-The person, firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requirements-Sections of Division I of the Speci-
fications.
Laws and Regulations; Laws or Regulations-Laws. rules,
regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions.precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
Notice to Proceed-A written norice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the dare
on which the Contract Time will commence to run and on
which CONTRACTOR shall start ro perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporarion. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utilization-Placing a portion of rhe Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contr-act Documents.
Resident Project Representatiue-The authorized represen-
tative of ENGINEER who is assigned ro the site or any parr
thereof.
Shop Drawings-All drawings, diagrams' illustrations'
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perfor'
mance charts, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subcontactor-An individual, firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of thc Work at the
site.
Substantial Completior-'['lre Work (or a specified part thereoO
. has progressed to the point where, in the opinion of ENGI'
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete" in
accordance with the Contract Documents, so that the Work
(or specified part) can be utilized for th€ purposes for which
it is intended; or if there be no such certificate issued, when
- final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com'
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
Supplementary Conditions-The part of the Contract Docu'
ments which amends or supplements these General Condi-
tions.
S upplie rJA'manufacturer, fabricator, supplier, distributor,
materialman or vendor.
U nderground Facilities-Nlpipelines, conduits, ducts, cables,
wires. manholes. vaults. tanks, tunnels orother such facilities
or attachments, and any encasements containing such facil'
ities which have been installed underground to furnish any of
the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television. sewage and drainage removal, traffic
or other control systems or water.
Unit Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services, furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Directive Change-A written directive to CONTRAC'
TOR, issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
ordering an addition, deletion or revision in the Work, or
rcsponding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under parag;raph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Time as provided in
paragaph 10.2.
Written Amendment-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivcty of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5. l.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished, upon request, at the cost of reproduction.
Commencement of Contract Time; Notice to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement, or. if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date o[ the Agreement,
whichever date is earlier.
Staning the Project:
2.4. CONTRACTOR shall stan to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
B eforc S uning C o ns truc tio n :
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error or discrepancy which CONTRACTOR may
di-scover end shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Contract Documents,
unless CONTRACTOR had actual knowledge thereofor should
reasonably have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1 . an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
2.7. Before any Work at the site is started, CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4, and.
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
P rec o nstruction C o nfe re nc e :
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Work at
the site. a conference attended by CONTRACTOR, ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
Finalizing Schedules:
2.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRAC-
TOR, ENGINEER and others as appropriate will be held to
finalize the schedules submitted in accordance with para-
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Conrract Time, but such
acceptance will neitherimpose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibiliry rherefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to florm and substance.
ARTICLE 3_CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3. L The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereo$ to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes ofany technical society. organization or association.
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard specification, manual. code or Laws
or Regulations in effect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporared by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER, CONTRACTOR or
ENGINEER. or any of their consu{tants. agents or employ-
ees from those set forth in the Contract Documents, nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees, any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contracr Documents
shall be issued by ENGINEER as provided in paragraph 9.4.
1.3. If. during the performance of rhe Work, CONTRAC-
TOR finds a conflict. effor or discrepancy in the Contract
Documents. CONTRACTOR shall so reporr to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification
from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless COI.{TRACTOR had actual knowledge thereof or should
reasonably have known thereof.
A me nding and S upp Ie mc nting C o ntac t D oc ume nt s :
3.4. The Contract Documents may be amended to Pro'
vide for additions, deletions and revisions in the Work or to
modify the terms and condittons thereof in one or more of
the following ways:
3..1.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to plra-
graph l0.l).
As indicated in paragraphs I 1.2 and 12.l, Contract Price and
Contract Time may only be changed. by a Change Order or a
Written Amendment.
3.5. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to parag;raph 9.4).
Reusc of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the'Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereoO prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions ofthe Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE LAVAILABILITY OF LANDS; PHYSICAL
CONDITIONS : REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish. as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed, rights-of-way and easements for access thereto, and
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time, CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physicd Conditions:
4.2.1 . Explorations and Reports.' Reference is made
to the Supplementary Conditions foridentification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENCINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such rbports, but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
gnph 4.2.6, CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings, but not for the complete-.
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report of Dffiring Conditions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2. I
znd 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reflected or referred to in the Contract Docu-
ments,
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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-1.1.4. ENGINEER's ReIiex. ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing (with a copy
ro CONTRnCTOR) of ENGINEER's findinss and con-
clusions.
4.1.5. Possible Document Chanpe: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required, a
Work Directive Change or a Change Order will be issued
as provided in Article l0 to reflect and document the
consequences of the inaccuracy or difference.
-1.1.6. Possihle Price and Time Adjustmenrs: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
. the amount or length thereof. a claim may be made therefor
as provided in Anicles ll and 12.
P hy sical C o nditio ns-U nderground F acilitic s :
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such infbrmation or data: and.
4'.3.1.2.' CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as havins
been included in the Contract Price.
4.3.2. Not Shox'n or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.23). identify rhe owner
of such Underground Facility and give wrirren notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER wilt promptly review the Underground Facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
quences ofthe existence ofthe Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. Dunng such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both,
to the extent that they are attributable to the eristence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as
provided in Articles ll and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE s-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. except
aS otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
,5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
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_lthe Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
C ontractol s Liobility I ns arance :
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben'
efit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness ordisease, ordeath of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury'
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason;
5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located, including loss of use resulting
therefrom:
. 5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death o[
any person or for damage to property; and
5 .3.7 . Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle'
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law. whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur'
ance so required to be purchased and maintained (or the
certificates or other evidence thereo0 shall contain a provl-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
reglacingdekctive Work in accordance with paragraph 13.12.
In addition, CONTRACTOR shall maintain such completed
operations insurance for at least lwo years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
C ontrzctwl Liability I ns urance :
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obtigations under paragraphs
6.30 and 6.31.
Ovncl s LiabiliE I nsurance :
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own' liability insurance and, at
OWNER's option, may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Prcpcrty Insumncc:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWN ER, CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's.consultants in the Work, all of whom shall
be listed as insureds oradditional insured parties. shall insure
against the perils of fire and extended coveraEe and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicicius mischief, collapse
and water damage, and such other perils as may be provided
in the Supplementary Conditions. and shall include damages,
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers, architects. attorneys and other professionals). If
not covered under the "all nsk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and otT the site or in transit when such
portions of the Work are to be included in an Application tbr
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional proPeny insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors. ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.E. All the policies of insurance (or the cerrificates or
other evidence thereoO required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
altbrded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5. I 1.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount, will be borne by CONTRACTOR, Sub-
contractor or others suffering any such loss and ifany ofthem
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTQR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shatl, if possible, include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro_priate Change Order or Written Amendment. prior to com_
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Righu:
5.l l.l. OWNER and CONTRACTOR waive all rights
agarnst each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights again'st the Subcontractors. ENGI-
NEER. ENGINEER's consulrants and all other parties' named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcon_
tract between CONTRACTOR and a Subconrractor will
contain similar waiver provisions by the Subcontractor in
favor of OWN ER. CONTRACTOR, ENGIN EER, ENCI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR inrend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
o[ any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds. and if the insurers requtre separare
waiver forms to be signed by ENGINEER or ENGI-
NEER's consulrant OWNER will obtain the same. and if
such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Receipt and Applicaion of proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as rrustee for the
insureds. as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
5. 13. OWNER shatl deposit in a separate account any money
so received, and shall distribute it in accordance with suchagreement as the parties in interest may reach. If no otherspecial agreement is reached the damaged Work shall berepaired or replaced, the moneys so received applied onaccount thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to a_djust and
settle any loss with the insurers unless one of the parties ininterest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. Ifsuch objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required ip writing byany party in interest, OWNER as trustee shall. upon the
occurrence of an insured loss, give bond for the proper per-
formance of such duties.
Acceptance of I nsurance :
5.14. If OWNER has any objection ro rhe coverage affordedby or other provisions of the insurance required to be pur-
chased and maintained by CONTRACTOR in accordancewith paragraphs 5.3 and 5.4 on the basis of its not complyipgwith the Contract Docuniehts, OWNER shall notify CON-TRACTOR in writing thereof within ten days of the date ofdelivery of such certificares to OWNER in accordance withparagraph 2.7. If CONTRACTOR has any objection to rhecoverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNERin accordance with paragraphs 5.6 and 5.7 on the basis oftheir not complying with the Contract Documents, CON_TRACTOR shall notify OWNER in writing thereof within tendays of the dare of delivery of such certificates to CON_TRACTOR in accordance with paragraph 2.7. OWNER andCONTRACTOR shall each provide to rhe other such addi-tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER orCONTRACTOR to give any such notice of objection withinthe time provided shall constitute acceptance of such insur_ance purchased by the orher as complying with the Contract
Documents.
P artial U tilizatio n-P ro pe rty I ns uranc e :
5.15. If OWNER finds it necessary to occupy or use aportion or porrions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-plished in accordance with paragraph 14. l0: provided rhat no
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such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereofand in writing effected the changes in coverage neces-
sitated therebv. The insurers providing the propeny insur-
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such panial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIB ILITIES
S upc n is io n and S upc rinte rde nc c :
6. l. CONTRACTOR shall supervise 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 Doc-
uments. CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures of
construction, but CONTRA.CTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method, technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, Matcriok and Equipment:
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or propeny at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
men[s. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment, labor. transponation.
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 lurnishing. performance. testing. stan-up
and comoletion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including repons of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied, installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENCINEER. or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9. l5 or 9.16.
Adj usting P rog re ss S c he dule :
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Sabstitutcs or "Or-Equal" Ilems:
6.7 .1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the rype.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be.accepted
by ENGINEER if sufficient'information is submiued by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the Ceneral
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to lurnish or use a substitute item of
material or equipment, CONTRACTOR shall make writ-
ten application to ENCINEER for acceptance thereof,
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER lor work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license flee or
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royalty. All variations of the proposed substitute from that
specified will be identified in rhe application and available
malntenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of ali costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.3. If a specific means. merhod. technique, sequence
or procedure ofconstruction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER,
if CONTRACTOR submits sufficient information to allow
ENGINEER to derermine that the substitute proposed is
equivalent ro rhat indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to thar provided in paragraph 6.7.l as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
' 6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluare each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered. installed or urilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to tur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges.of
ENGINEER and ENGINEER's consultanrs for evaluat-
ing each proposed substitute.
C o nc e rn i ng S ubc ontracto rs, S upplie rs and O the rs :
6.8. l. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization tincluding
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2), whether initially or as a subsri-
tute. againsr whom OWNER or ENCINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supp.lier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.1. If the Supplementary Conditions require the
identity of cenain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance of the specified dare prior
to the Effective Date of the Agreement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subconrractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceprable substitute, the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance b1' OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors, Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirecr conrracr with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contra.ct Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor, Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to pay or to see to the paymenr of
any moneys due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6. 10. The divisions and sections of the Specifications and
the identifications of any Drawings shall.not conrrol CON-
TRACTOR in dividing the Work among Subconrracrors or
Suppliers or delineating the Work to be performed by any
specific trade.
6. I l. Atl Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontracror to rhe applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and conrains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7,
Patent Fees and Royalties:
6. 12. CONTRACTOR shall pay all license flees and roy-
alties and assume all costs incident to the use in the pertbr-
mance 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 aparticular invention. design. process. product or device is
specified in the Contract Documents fbr use in the perfor-
mance of the Work and if to the actual knowledee of OWNER
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I.lor ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages. losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
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,
and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6. 13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
hre no Bids on the Effective D'ate of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
Laws and Rcgulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the'Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations, neitherOWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's eompliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
Taxes:
6. l-s. CONTRACTOR shall pay all sales, consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations ofworkers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rigirts-
of-way, permits and easements, and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly auempt to seule
with such other party by agreement or otherwise resolve the
'claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER harmless from and against
all claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out ofany action, Iegal or equi-
table, brought by any such other pany against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
.Ar rhe completion of the work coNTRAcToR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances. construction equip-
ment and machinery, and surplus materials, and shall leave
the site clean and ready for occupancy by OwNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documents:
6.19. CONTRACTOR shalt maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written .{mendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9..1) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with rhe Work. CONTRACTOR shalt
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
6.20. l. all employees on rhe Work and other persons
and organizations who may be affected thereby;
6.20.2. all the Work and marerials and equipmenr to
be incorporated therein. whether in storage on or off the
site:and
6.20.3. other property at rhe site or adjacent thereto,
including trees, shrubs. lawns, walks, pavements, road-
ways, structures. utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety ofpersons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners ofadjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal, relocation and replacement of their prop-
erty. All damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly,
in whole or in part, by CONTRACTOR, any Subconrractor.
Supplier or any other perso.n or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or ro
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable. and not atrributable. direcrty or indi-
rectly. in whole or in part. ro the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14.13 rhat the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.11. CONTRACTOR shall designare a responsible rep-
resentative ar the site whose duty shall be the prevention of
accidents. This person shall be CONTR.{CTOR's superin-
tendent unless orherwise designared in writing by CON-
TRACTOR to OWNER.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto,
CONTRACTOR, without special instrucrion or authorizarion
from ENGINEER or OWNER, is obligated to act to prevenr
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements, CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-
graph 2.9), or for'other appropriate acrion if so indicated in
the Supplementary Conditions, five copie s (unless otherwise
specified in the General Requirements) of all Shop Drawings,
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials
and similar data to enable ENGINEER ro review the infor-
mation as required.
6.24. CONTRACTOR shall also submit To.ENGINEER
for review and approval with such promptness as to cause.
no delay in Work, all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as ro material. Supplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions, specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the time of each submission. CONTRAC-
TOR shall give ENGIN EER specific wrirren notice of each
variation that the Shop Drawings or samples may have
from the requirements of the Contract Documents. and.
in addition. shall cause a specific notation to be made on
each Shop Drawing submitted to ENGINEER for review
and approval ofeach such variatton.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI'
NEER's review and approval will be only tbr conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means, methods, techniques. sequences
orprocedures ofconstruction (except where a specific means.
method. technique. sequence or procedure o[ construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON'
TRACTOR shall make colrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for revtew
and approval. CONTRACTOR shalldirect specific attentron
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation. from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENCINEER has given written approval of each such varia'
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro'
visions of paragraph 6.2:. l.
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shatl carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
Indemnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages, Iosses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges ofengineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
provided that anv such claim. damage. loss or expense (a) is
attnbutable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itsel0 including the loss of use resultrng therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
ororganization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence ofany such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees by
any employee of CONTRACTOR, anv Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 5.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps. drawings. opinions.
repons. surveys, Change Orders, designs or specifications.
ARTICLE 7_OTHER WORK
Related tlf ork at Site:
7 .1. OWNER may perform other work related to the Proj-
ect at the site by owNER's own forces, have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work; and, if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the panies are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Anicles ll and ll.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and sai'e access to the site and
a reasonable opponunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connec! and coordinate the Work with theirs.
CONTRACTOR shall do all cutting. fitting and patching of
the Work that may be required to make its several pans come
together properly and integrate with such other work. CON-
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TR.{CTOR shall not endanger any work of others by cuttlng.
excavating or otherwise altering their work and will only cut
or alter their work with the wrttten consent of ENGINEER
and the others whose rvork will be affected. The duties and
rcsponsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWNER and such utility- owners and other contractors.
7.3. If any pan of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
Coordination:
7.1. If OWNER contracts with others for the pertbr-
mange ofother work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
responsibility will be itemized. and the extent of such author'
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE &_OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
rus under the Contract Documents shall be that of the tbrmer
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly atler they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering survevs to establish
reference points are set forth in paragraphs .1. t and -1.4. Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existins struc-
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In conne"'ion with OWNER's right to stop Work or
suspend Work. see paragraphs 13. l0and 15. l. Paragraph 15.2
deals with OWNER's nght to terminate services of CON-
TRACTOR under cenain circumstances.
ARTICLE 9_ENGINEER'S STATUS DURING
CONSTRUCTION
Ow ner's Repre sentative :
9. t. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during constnrction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Sile:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the.progress and quality of the executed Work and to deter-
mine, in general. if the Work is proceeding in accordance
with.the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWN ER against
defects and deficiencies in the Work.
P roject Re pre se ntatio n :
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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Clarificaions and I nterpretations :
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or inrerprerations of rhe require-
ments of the Contract Documents (in the form of Drawings
orother*'ise, as ENGINEER may derermine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Conrracr Documents. If CONTR.{CTOR
believes thar a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the panies are unable to agree to the
Ermount or extenr thereof , CONTRACTOR may make a claim
therefor as provided in Article I I or Article 12.
Auhoized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Conrract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involvedpromptly..lf CONTRACTOR believes that a Field Orderjustifies an increase in the Conrract Price or an exrension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR mav make a
claim therefor as provided in Anicle I I or 12.
Rej e cting D efe ctiv e W ork :
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes tobe dekctive, and
will also have authority to require special inspection or resting
of the Work as provided in paragraph 13.9. whether or nor
the Work is fabricated. installed or complered.
Shop Drawings, Change Orden and Payments:
9.7 ln connection with ENCINEER's responsibility for
Shop Drawings and samples, see paragraphs 6;23 through
6.2E inclusive.
9.8. In connecrion with ENGINEER's responsibilities as
to Change Orders. see Articles 10. I I and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. erc.. see Article 14.
Determinations for Unit Prices:
9. 10. ENGINEER will determine the acrual quanriries
and classifications of Unir Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matrers
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or orherwise). ENCI-
NEER's written decisions rhereon will be final and binding
upon OWNER and CONTRACTOR. unless. wirhin ren days
after the date of any' such decision. either OWNER or CON-
TRACTOR delivers to rhe other pany ro rhe Agreement and
to ENGINEER written norrce of intention to appeal from
such a decision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and .1udge of theacceptabiliry of the Work thereunder. Claims" disputes and
other matters relating to the acceprability of the Work or the
interpretation of the requirements of the Clontract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles tl and 12 in respect of changes in rhe
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a requesr for a formal decision
in accordance with this paragraph. which ENGINEER will
render rn writing within a reasonable time. Wnrten notrce of
each such claim, dispute and other marrer will be delivered
by the claimant to ENGINEER and the other party to rhe
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving nse thereto, and
written supporting data will be submiued to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of rime to ascertain
more accurate data in support of the claim.
9.12. When functioning as inrerpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will nor show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capaciry. The rendering of a decision by
ENGINEER pursuant to paragraphs 9" t0 and 9. I I with resp€cr
to any such claim. dispute or other matrer (except any which
have been waived by the making or acceptance offinal pay-
ment as provided in paragraph 14. 16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim, dispute or orher matter.
Limitations on E NCIN E E R', Rrrpooribititirt
9. 13. Neither ENGINEER's authority ro act under rhis
Anicle 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either ro exercise
or not exercise such authonty shall give r.ise to any duty or
responsibility of ENGINEER ro CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of rhe Work. or ro any surery for any of them.
9.14. Whe never in rhe Contract Documents rhe terms "as
ordered". "as directed", "as required". "as allowed". '.as
approved" or terms of tike effect or import are used. or the
adjectives "reasonable". "suitable". "acceptable". "proper"
or "satisfactory" or adjecrives of like effect or import are
used to describe a requirement. direction, review orjudgmentof ENCINEER as ro rhe Work. ir is intended that such
requirement. direction. rel'iew or judgmenr rvill be solely ro
evaluate the Work for compliance rvith the Contract Docu-
ments (unless there is a specific sraremenr indicating orher-
wise). The use of any such rerm or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions ofparagraph 9. l5 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9. 16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization perflorming
or furnishing any of the Work.
ARTICLE IG-CHANGES IN THE WORK
10. l. Without invalidating the Agreement and without notice
to any surety, OWNER may. at any time or from time to
time. order additions, deletions or revisions in the Work:
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifi cally provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
I I or Anicle 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
10.1. OWNER and CONTRACTOR shallexecute appro-
priate Change Orders (or Written Amendments) covering:
10..1. l. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10. I . are required because
of acceptance of deJec'tive Work under paragraph 13.13 or
correcting deJ'ective Work under paragraph 13.14. or are
agreed to by the parties:
l0.J.l. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
10.4.3. changes in the Contract Price or Contract Time
which embody the substance o[ any written decision ren-
dered by ENGINEER pursuant to paragraph 9,1 I I
provided that. in lieu of executing any such Change Order,
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Time) is required by the provisions ot any Bond to be given
to a surety, the giving of any'such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE I I_CHANGE OF CONTRACT PRICE
ll.l. The Contract Price constitutes the toral compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
I 1.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days; after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct, indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.I I if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
tbr an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph I 1.2.
l 1.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the followine wavs:
I 1.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs I 1.9.1. through
11.9.3. inclusive).
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph I 1.6.2. I ).
l!.3.3. Orr the basis of the Cost of the Work (deter-
mined as provided in paragraphs ll..l and ll.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs I 1.6 and I 1.7)
Cost of thc Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items and shall
not include any of the costs itemized in paragraph t L5:
I L4. l. 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. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to. salaries and wages
plus the cost of fringe benefits which shall include social
security contributions, unemployment. excise and payroll
taxes, workers' or workmen's compensation, health and
retirement benefits. bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day. Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipmeot furnished
and incorporated in the Work, including costs of trans-
portation and storage theriof. and Suppliers'field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost o[ the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subiect
to the other provisions of the Contract Documents insofar
as applicable.
I 1.4.4. Costs of special consultants (including but not
limited to engineers. architects. testing laboratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
I1,4.5 Supplemental costs including the following:
I 1.4.5.1. The proponion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
I L4.5.3. Cost. including transponatron and main-
t€nanee. of all materials. supplies. equipment. machin-
ery, appliances" office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR,
I 1.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented flrom
CONTRACTOR or others in accordance with renral
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transportation. loading.
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
I 1.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or any-
one 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.
I 1.4.5.6. Losses and damages (and related
expenses), not compensated by insurance orotherwise,
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and lurnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9). pro-
vided they have resulted from causes o(her than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectlv employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damase
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requrres reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid tbr
services a f'ee proportionate to that stated in paragraph
I 1.6.:.
ll..l.-5.7. The cost of utilities. fuel and sanitarv
facilities at the sire.
I 1.1.5.8. Minor expenses such as telegrams. long
distance telephone calls, relephone service at the site,
expressage and similar petty cash items in connection
with the Work.
11.4.-5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums tbr property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph ,i.9.
I 1.5. The term Cost of the Work shall not include any of
the following:
I l.-5. l. Payroll cosrs and other compensation of CON-
TRACTOR's officers. executives. principals (of partner-
ship and sole proprietorships). general managers, engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers, clerks and other personnel employed by
CONTRACTOR whether ar the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule ofjob classifications referred to in para-
graph I 1.4.1 or specifically covered by paragraph 11.4.+-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
l1.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office ar the
site.
I 1.5.3. nny part of CONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or nor CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph I 1.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR. 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 correcrion
of deJbc'tive Work. disposal of marerials or equipment
wrongly supplied and making good any damage ro prop-
erty.
ll.-5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph I 1.4.
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR lor overhead and profit shall be determined as follows:
I I .6. I . a mutually acceptable fixed fee: or if none can
be agreed upon.
I I .6.1. a fee based on rhe following percentages of the
various portions of the Cost of the Work:
I 1.6.2. l. for cosrs incurred under paragraphs I 1.4. I
and ll.4.l. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. forcosts incurred underparagraph I 1.4.3,
the CONTRACTOR's Fee shall be f;ve percent: and if
a subcontract is on the basis of Cost of the Work plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs I 1.4.4, I 1.4.5 and I 1.5:
11.6.2.4. the arlount of credit to be allowed Qy
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease; and
I 1.6.2.5. whe n both additions and credits are
involved in any one change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through | 1.6.2.4. inclusive.
I L7. Whenever the cost of any Work is to be determined
pursuant to paragraph ll.4 or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Docume nt.s and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
ll.8.l. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be detiv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the sire. labor. installation costs. overhead.
profit and other expenses contemplated tbr the allowances
have been included in the Contract Price and not in the
I
Iallowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond'
ingly adjusted.
Unit Price Work:
ll.9. l. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work' initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan'
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
. dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep'
arately identified item.
I1.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof, CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article I I if the parties are
unable to agree as to the amount ofany such increase.
ARTICLE I]-CHANGE OF CONTRACT TIME
ll.l. TheContractTime may only bechanged by aChange
Order or a Written .{mendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
pany and to ENGINEER promptly (but in no event later than
thirty dals) atier the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the cxtent of the claim with supporting data shall be deliv'
ered within sixty days after such occurrence (unless ENGI'
\ EER allows an additional penod of time to ascerlain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adlust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result o[ the occurrence
of said event. All claims for adjustment in the Contract Time
shall be determined by ENGINE'ER in accordance with para'
Sraph 9.1I if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
ofthis paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to"
acts or neglect by OWNER or others performing additional
work as contemplated by Anicte 7. or to fires" floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
11.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article l2 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE I 3-WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wananty and Cuarantee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will notbe defective.
Prompt notice of all defects shall be given.to CONTRAC-
TOR. All defective Work, whether or not in place, may be
rejected, corrected oraccepted as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENCINEER's representatives,
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTR{,CTORshall give ENGINEERtimely notice
of readiness of the Work for alI required inspections. lests or
approvals.
13."1. If Laws or Regulations of anv public bod.v- having
jurisdiction require any Work (or pan thereot) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility theretbr. pay all costs in connection
therewith and furnish ENCINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceprance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior ro CON-
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections. rests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.-5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or bv ENGINEER if so
specified).
13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENCINEER. it must. if requested by ENGI-
NEER, be uncovered for observation. Such uncovering shall
be at CONTRACTOR's pxpense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENCINEER has nor acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGINEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection or testing as ENCINEER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is defecrive, CONTR.{CTOR shallbear all direct.
indirect and consequential costs of such uncovering. erpo-
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architects. attorneys and other professionals).
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. may make a claim therefor as provided
in Article ll. If. however. such Work is not found ro be
de.fe<'tive. CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contracr Time. or
both. directly attributable to such uncovering. exposure.
observation. rnspection. testing and reconstructionl and. if
the parties are unable to agree as to the amount or extent
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles I I and 13.
Owner May Stop the Work:
13.10. If the Work is defeuive. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work. or an,' portion rhereof. until rhe cause for such order
has been eliminatedl however. this right of OWNER to stop
the Work shall not give rise to any duty on rhe part of OWNER
ro exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Delective Work:
l3.l l. If required by ENGINEER. CONTRACTOR shall
promptly, as directed, either correct all defective Work.
whether or not fabricated, installed or completed. or, if the
Work has been rejected by ENGINEER. remove it from the
site and replace itwith nondefecrn'e Work. CONTRACTOR
shall bear all direct. indirect and consequenrial costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects. attorneys and other profes'
sionals) made necessary thereby.
Onc Year Conection Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision ofthe Contract Documents. any
Work is found to be defective, CONTRACTOR shall promprly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defec'tiue Work, or.
if it has been rejected by OWNER. remove it from the site
and replace it with nondefecti,,,e Work. If CONTRACTOR
dbes not promptty comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
foss or damage. OWNER may have the deJ'ective Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to f'ees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumsrances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correctton
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defective l(ork:
I 3. l3 . If. instead of requiring correcrion or removal and
replacement of de-tective Work. OWNER (and. prior to
ENGINEER's recommendation of final payment. also
ENGINEER)prefers to accept ir. OWNER may do so. CON-
TRACTOR shall bear all direct. indirecr and consequenrial
costs attributable to OWNER's evaluation of and determi-
nation to accept such delective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges ofengineers. architects. attor-
neys and other professionals). Ifany such acceptance occurs
prior to ENGINEER's recommendation of final payment' a
Change Order will be issued incorporating the necessary revi'
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the panies are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article I l. Ifthe acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Conect Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.l 1, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may, after seven days' writ-
ten notice to CONTRACTOR. corect and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary tocomplete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site. take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWN ER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER, and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OwNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article I l. Such direct, indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers. architects. attorneys and other professionals.
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
corection. removal or replacement of CONTRACTOR's
defecrive Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
flormance of the Work attributable to the exercise by OWNER
of OWNER's riehts and remedies hereunder.
ARTICLE ILPAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serye as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twent_v days before each progress payment
is scheduled (but not more often than once a monthl. CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supponing documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment. shall also be accompanied by a bill of sale, invoice
or other documentation warranting that OWNER has received
the materials and equipment free and clear of all liens. charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli-
cation for Payment, whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Review of Applicaions for Progress Payment:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in wnting a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENCINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 1.1.7) become due and when due will be paid by
OwNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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representation bv ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
{subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9. 10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER'S recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion, it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment, or, because of subsequently discovered evidence or
the results ofsubsequent inspections or tests, nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7 .1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced bv Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
til'e Work or complete Work in accordance with paragraph
13. 14, or
14.7.4. of ENGINEER's actual knowledge of the
occurrence ofany ofthe events enumerated in paragraphs
15.2.1 through l-s.2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitlins
OWNER to a set-off against the amounr recommended. but
OWNER must give CONTRA,CTOR immediate wriuen notice
(with a copy to ENGINEER) stating the reasons for such
actlon.
S u bs tantial C omple tio n :
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that rhe entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable tirn' thereafter, OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work ro deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tenrative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be artached ro the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions, ENGINEER concludes that the Work is not substan-
tially complete, ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete, ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substanrial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENCINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion ENGI-
NEER will deliverto OWNER and CONTRACTORawritten
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation, safety. maintenance, heat,
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work.
which has specifically been identified in the Contract Docu-
ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
lng:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a cenificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within areasonable time aftereithersuch request. OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its status of
complction. 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 ENCINEER considers that part of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit.QWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENCINEER that such part o[ the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation, safety, maintenance. utilities. insur-
ance. waFanties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTR.\CTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5. l5 in respect of property
insurance.
Final Inspection:
l4.l l. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR rn writing of all
particulars in which this inspection reveals that the Work is
incomplete or defecrive. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
F inal A pplicarton for P ay me nt :
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions, schedules. gu:u:rn-
tees, Bonds, certincates of inspection. marked-up record
documents (as provided in paragraph 6. 19) and other docu-
ments-all as required by the Contract Documents, and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in full; an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services, material and equipment for which a Lien could be
filed, and that all payrolls. material and equipment bills, and
other indebtedness connected with the. Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied: and consent of
the surety, if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in tull. CON-
TRACTOR may furnish a Bond or o(her collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14. 13. [f. 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-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the .{,pplication to
OWNER for payment. Thereupon ENCINEER will give
written notice to OwNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing rhe reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentarion to OWNER of the
Application and accompanying documentarion, in appropri-
ate form and substance, and with ENGINEER's recommen-
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall, upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and withour terminating the Agree-
ment, make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment, and if Bonds have been furnished as required in para-
graph 5. l. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER.with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constiture a
waiver of claims.
C ontractor's C ontinuing Obligation :
14. 15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER, nor rhe issuance of a cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Conrract Docume nts,
nor any use or occupancy ofthe Work or any part thereofby
OWNER, nor any act of acceprance by OWNER nor any
failure to do so, nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14. 16. The making and acceptance of final payment will
constltute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR. ercept claims arising from unsettled
Liens. from <leJ'ectire Work appearing after final inspec-
tlon pursuant to paragraph l.l.l I or from failure to comply
with the Contract Documents or the terms of any special
guarantees specified therein: however, it will not consti-
tute a waiver by OWNER of any rights in respecr of
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE Is_SUSPENSION OF WORK AND
TERMINATION
Owner May Susperd tilork:
15. l. OWNER may, at any time and without cause, sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the dare on which Work will be
resumed. CONTRACTOR shall resume the Work on the dare
so fixed. CONTRACTOR shall be allowed an increase in rhe
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles I I
and 12.
Owner May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Banknrptcy Code (Title I I , United
States Code), as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency;.
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect ar the rime of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
15.2.3. ifCONTRACTOR makesageneral assignmenr
for the benefit ofcreditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge
of property ot CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors :
l-s.2.-5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due;
l-s.2.6. iiCONTR,{CTOR persistenrly fails to perform
the Work in accordance with the Contract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable matenals or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; oT
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments:
OWNER may. after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools, appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance ofthe Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges ofengineers, architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order, but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest prite for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER" the terminatron will not atfect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may therealier accrue . Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' wntten notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to. direct, indirect and con-
sequential costs (including, but not limited to. t'ees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs,.
Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submiued" or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER, terminare
the Agreement and recover trom OWNER payment for all
Work executed and any expense sustarned plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay.
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
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ARTICLE I6_ARBITRATION
16. l. .{,ll claims. disputes and other matters in question
between OWNER and CONTRACTOR arising out of, or
relating to the Contract Documents or the breach thereof
(except for claims which have been waived by the making or
acceptance offinal payment as provided by paragraph 14. l6)
will be decided by arbitration in accordance with the Con-
struction Industry Arbitration Rules of the American Arbi-
tration Association then obtaining subject to the limitations
of this Article 16. This agreement so to arbitrate and any
other agreement or consent to arbitrate entered into in accor-
dance herewith as provided in this Article l6 will be specifi-
cally enforceable under- the prevailing law ofany court having
jurisdiction.
16.2. No demand tbr arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.1 I will
be made until the earlier of (a) the date on which ENGINEER
has rendered a decision or (b) the tenth day after the parties
have presented their evidence to ENGINEER if a written
decision has not been rendered bv ENGINEER before that
date. No demand for arbitration of any such claim. dispute
or other matter will be made later than thirty days after the
date on which ENGINEER has rendered a written decision
in respect thereofin accordance with paragraph 9. I I I and the
failure to demand arbitration within said thirty days' period
shall result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER renders
a decision after arbitration proceedings have been initiated.
such decision may be entered as evidence but will not supersede
the arbitration proceedings, except where the decision is
acceptable to the parties concerned. No demand for arbitra-
. tion of any written decision of ENCINEER rendered in
accordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
ten notice of intention to appeal as provided in paragraph
9.10.
16.3. Notice o[ the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
American Arbitration Association. and a copy will be sent to
ENGINEER tbr intbrmation. The demand for arbitration will
be made within the thirty-day or ten-day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen. and in no event shall any such demand
be made after the date when institution of legal or equitable
proceedings based on such claim. dispute or other matter in
question would be barred by the applicable statute of limi-
tatlons.
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidation. joinder or in
any other manner any other person or entity (including
ENGINEER. ENCINEER's agents. employees or consul-
tants) who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration.
16.4.2. such other person 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 proc:edings, and
16.4.3. the written consent of the other pe rson or entity
sought to be included and of OWNER and CONTRAC-
TOR has been obtained for such inclusion. which consent
shall make specific reference to this paragraph; but no
such consent shall constitute consent to arbitration ofany
dispute not specificalty described in such consent or to
arbitration with any party not specifically identified in such
consent.
.16.5. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
appeal except to the extent permitted by Sections l0 and I I
o[ the Federal Arbitration Act (9 U.S.C. $$ 10,I I ).
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ARTICLE I 7_MISCELLAN EOUS
Giving Notice:
17 !. Whenever any provision of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi'
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
Computation of Time:
17.2.1 . When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the last day ofsuch period. Ifthe 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
junsdiction. such day will be omitted from the computa'
tion.
17 .2.2. A calendar day of twenty'four hours measured
from midnight to the next midnight shall constitute a day.
General:
l'1.3, Should OWNER or CONTRACTOR suffer injury
or damage to person or propeny because ofany error, omis'
sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable. claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto, and, in particular but without
limitation, the warranties, guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30. 13. I, 13. 12. 13. 14,
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obliga-
tion, right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc'
uments will survive final payment and termination or com'
pletion of the Agreement.
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TABLE OF CONTENTS
PART M..... SUPPLEMENTAL CONDITIONS
Special Conditions
Measurement and PaYment
Labor Standards
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SPECIAI- CONDITIONS
TABLE OF CONTENTS
l--Fencing, Gates, or Fristrng lmprovements
2-Or Equals
3--Existing Utilities
4--Specifications
5--Engineer
6-Use of Alternate Bids
7--Addition or Deletion of Work
8--Settlement of Earthen Fill
9-Safety Regulations
l0--lncidental Work
I l--Broken Materials
I 2-Quantities of Estimate
| 3-Bidder' S Qualifications
l4-As-Built Drawings
| 5-tnspection and Testing prior to Covering Up
l6-Layout of Work
I7--UDOT & Highway Permits
| 8-Unearthed and Removed Fittings
l9--Creek and Ditch Crossing Permits
20--Locator Tape
2 [ -- Reservoir Disinfection
22--Repair of Existing lrngation Ditches
23-Sto;kpiling of Materiais
24--lntemrption of Water Service
25--Measurement and Par,rment
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SPtsCIAI, CONI)IT'IONS
General
All materials and construction shall compl'/ with the aprrlicable sections of thesespecifications THE CONTRACTOR'S htlentron is cal[ed, but not limited. to thefbllowing:
l--Fencing. Gates, or Existing lmprovements
whenever tt ls necessary to remove or destroy a fence or other exisfingfacilitres. the Conffactor shall, at his, erpens6, repair o. replacethl sa?reto the satisfaction of the owner, the Engineer. and the Probeftv owner.All costs incurred-by the Contractor in iloing so shall be included in theunit or lump sum biil for the work.
2-'Or Equals
All "br gQttal" items hid by the contractor shall have wntten approval ofthe Engineer at least seven (7) days pnor to the bid opening.
3--Existins utrlities
The driwings show the relative position of existing utilitres. Thelocations may or may not be acc-urate and the conFactor shall beobligated to.uncovef allutility linesjn adyalcq of actually working inthe area. The costs of doing-so shall be included in the dnit orice"or
lump zum for the bid items.l4ovins existins utilities shall he,'otherslump sup..&r the bid items.l4oving gxlstiisting.utilities shall be others
qesponsibilitv however damage to existing ftilities shall be at the
uontractor's expense.
4--SpecificationWll.l any^association_ specifications such as A.S.T.M., A.W.W.A.,A.A.s.H.o., etc. are dedippated. such association specifications shillinclude all the revisions and amendments adopted 6v said associationprior to the date of advertisement for bids.
5--Ensineer
An"y reference in these specificafions or on the plans to the
^Engrneer",shalt be int-erpreted to mean "Kaisefman Associates, Inc."
c.onsulting Engineers foi the project. This may be James Kaiserman ornts autnonzed representahve.
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6--t lse of Alternate Bids
The Contractor may enter bids on alternate items as spelled out in the
proposal. The Ouner ma)', at his sole discretion, elect to use the
alternate bids and thereby' select a low bidder, who may or may not
have been the low bidder. had alternatives not treen chosen.
7--Addition or Deletion of Work
The Owner resen'es the right to increase or decrease the footage of
pipe by ten ( l0) per cent without any adjustment of unit cost.
8--Settlement of Earthen Fill
For a period of one year after wriften acceptance of the work, the
contractor shall be responsible for the settlement of trenches. Should
settlement occru it shall be the contractor's obligation to repair, restore,
grade, or fill the trench areas to the satisfaction of the Owner, the
Engineer, and the land owner.
9-Safety Regulations
The Contractor shall abide by all safety laws now in force. including
but not limited to flag persons, and ditch excavation. It shall be the
sole responsibility of the Contractor to use extra equipment. personnel,
or materials to operate totally within the existing laws of safety for men
and equipment.
lO--lncidentat Wort
All work which is intended or required whether described in these
specifications or not, shall be paid for by the contractor. The cost for
incidental work shall be included in the unit price or lump sums
according to the Bid Schedule(s).
I l--Broken Materials
Broken or damaged materials will not be accepted or paid for.
Payment will be made by the OWNER only for the materials listed in
the bid schedule, installed, complete in place.
I 2--Quantities of Estimate
CONTRACTORS bidding on this work shall recognize that the
quantities in the Bid Schedule are approximate only. The OWNER
will not pay restocking charges for materials not used and returned to
the supplier.
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| 3--Bidder's Qualifi cation
The CONTRACTOR submittrng a proposal shall be experienced in the
construction of pipe lines and appurtenances. Bidder shall submit with
their bid, the name of two like size projects that they have completed rn
the past five (5) years.
'l'he Contractor submitting a proposal on one or more schedules, shall
be experienced in the u'ork being bid upon.
The Bidder submitting a bid on one or more schedules, shall be
experienced in the work being bid upon.
l4--As tsuilt Drawings
The CONTRACTOR shall, prior to receipt of final payment, furnish
the ENGINEER an accurate set of "As Consffucted" drawings showing
the locations of all pipe and fittrngs installed as part of this contract.
Location shall reference existing control.
l5--lnspection and Testing Pnor to Covering Up. All work is to be
inspected and/or tested prior to covering up. All pipe work to be buried
under or installed in concrete shall be inspected prior to covering up.
Said inspection shall not relieve the CONTRACTOR of his
responsibility for repair or replacement should the inspected work
prove defective when tested. All other pipe work may be covered
except the valves, fittings and fire hydrants which must be left open
until that particular section of the line has been tested and approved. If
the section of the line being tested fails to pass the leakage test, the
CONTRACTOR WILL BE RESPONSIBLE for locating and repairing
the leak and/or leaks. No service laterals are to be connected to the
pipe until it has been tested and approved in writing by the
ENGINEER. Service connecfions are to be inspected prior to being
covered up.
l6--Layout of Work
The CONTRACTOR shall immediately after being awarded the
conffact and during the progress of consffuction exercise proper
precaution to verifu figures shown on the drawings. plans and construc-
tion stakes, and report any errors to the ENGINEER. In the event of
any discrepancy between the
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drawings and figures written thereon, the figures, unless obviously
incorrect, are to govern over scaled dimensions. In the case of any
discrepancy between plans and specifications. the special Conditions
are to govern first, followed by Plans and then Specifications
r 7--u.D.o.T.
The Contractor is made known to the location of the major
transmission line being within, crossing over, or paralelling state
Highway No. The standards of U.D.O.T. must take precedence
over these specifications while Contractor is working within these areas
under u.D.o.T. control. These should include, but not be limited to
excavation, backfill material. paving and use of flag persons and signs.
l8--Highway Permits
It shall be the owners sole obligation to obtain any and all permits from
summit County or U.D.O.T. The contractor must be bonded with
u.D.o.T.
The contractor must have a performance bond on file with U.D.O.T.
and obtain an encroachment permit from the Region Two permit office.
l9--Creek and Ditch Crossing Permits
It shall be the owners sole obligation to obtain any and all permits from
Ditch Company
20--Locator Tape
Locator tape shall be the type as to be detected by metal detectors
approximately I foot under the finish grade. This is to cover all
locations of PVC pipe be it water or drain pipe.
2 I --Reservoir Disinfection
Prior to placing the reservoir into operation it shall be disinfected by
swabbing or spraying the walls, ceiling and floor with a solution
containing not less than 200 parts chlorine. The Contractor shall take
necessary safety precautions while working inside the reseryoir.
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22--Repair of Existing lrrigation Ditches
The Contractor shall repair daily. each and every irrigation ditch
crossed or disturbed. The use of clay and riprap is expected. There are
numerous small ditches within the project and all of these irrigation
ditches must be repaired daily after disturbing them.
23 --Stockpiling of Material s
The Contractor may ask the Company to pay for materials on hand.
Should they do so, any materials paid tor by such methods, shall be
placed in a secured area. tf the City does not have such an are4
finding and renting one shall be the responsibility of the Contractor.
24--lntemrption of Water Service
The Contractor shall organize his work so that no connection will be
without water for 6 hours continuously or 12 hours total in any 24 hour
time period.
25--The Contractor shall be obligated to comply fully with the Laws of the
State of Utah, and your attention is called to Section 34-30-01 to 34-
30-13, titled EMPLOYMENT OF CITZENS ON PUBLIC WORKS
PROJECTS." This item must be complied with.
26-Labor Standards - Attached
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MEASUREMENT AND PAYMENT
GENERAL
The measurement and payment for the items listed in the Proposal follows:
Paynent for each of the items shall be complete compensation in full for the furnishing of all
overhead, labor, materials, equipment, and other items as necessary to complete the work in a
good workman like manner, as indicated on the Plans or as indicated in the Specifications, with
testing, clean up connections, disinfecting, painting, cleanup and any related work to complete
the necessary items. All items shall be complete before being paid for by the Owner. No additional
payment for items shall be made for rryork related to each item unless specifically authorized in
writing by the Engineer. Measurement will be for work in place with no allowance for waste.
QUANTITIES
Should the quantities of work vary from the amount listed in the Proposal or Bid
Schedule, the Contractor may ask for additional costs should the quantity overrun or under run
the estimated quantity by ten (10 %) per cent. The Owner than has the right to adjust quantities
up or down within the ten (10 % ) per cent.
The Engineer reseryes the right to make changes to the rvork as may be deemed proper to
facilitate a more meaningful project for the owner. This may be adding additional items or deleting
items as the items appear on the Bid Schedule or adding unrelated items as deemed necessary.
Such additions or deletions shall not void in any way the contract. The contractor will then accept
the work as altered as if these items were part of the original bid items.
MEASUREMENT AND PAYMENT
Item No I Furnish and Install 6 inch Cl 150 PVC Water Pipe and Marker Tape
Item No 2 Furnish and Install4 inch Cl 100 PVC Water Pipe and Marker Tape
Item No 16 Furnish and Install4 inch Cl 100 PVC Water Pipe at Spring Areas
Measurement for these items will be along the centerline of pipe and through values and
fittings to within two (2) feet of a building or structure. Payment shall be unit price per
lineal foot. The price shall be full compensation for furnishing the labor, equipment,
materials and installing the pipe, excavation, backfill, bedding, compaction, clearing,
grubbing, flagging personal, asphalt removal and disposal, and clean up after the work is
completed.
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Item No 3
ltem No 4
ltem No 5
Item No 6
Furnish and lnstall 6 inch Gate Valve and Box
Furnish and Install4 inch Gate Valve and Box
Furnish and lnstall Air Relief and Vacuum Valve and Box
Furnish and lnstall Drain Valve with appurtenances
Measurement and payment for these items shallbe per each. Payment shall be full and
complete compensation for furnishing and installing the items and the box covers. Such
payment shall be full and complete for labor, materials, equipment, excavation, backfill,
pipe and materials required to finish the items including any blocking required.
Item No 7 Furnish and lnstall 6 inch 45 degree ells
Item No 8 Furnish and Install 6 inch 90 degree ells
Item No 9 Furnish and Install 6 inch tees
Item No l0 Furnish and lnstall4 inch 45 degree ells
Measurement and Payment for these items shall be per each. Payment for these items shall
be full and complete compensation for furnishing and installing these items. The
compensation shall include labor, materials, excavation and backfill and any blocking
required.
Item No I I Furnish and lnstall Connection into 100,000 gallon Tank ( See Detail I A )
Measurement and Payment for this item shallbe per each.
The payment for this item shall be full and complete compensation for excavating the
reservoir, providing the labor and materials for cutting the hole in the reservoir, the
furnishing and installing of the Link Seal fitting, furnishing and installing the interior
reservoir fittings, furnishing the fitting to tie the 6 inch incoming line to the reservoir and
disinfecting the reservoir when complete.
ltem No 12 Furnish and Install Chlorination Building Complete
Measure and Payment for this items shall be per each. The payment shall be full and
complete compensation to included all labor and materials necessary to complete the
structure as shown on the drawing, including all excavation and gravel placement for the
road, the chain link fence, gates, and clean up and excess material removal. This item rvill
also include start up and follow up with the chlorination unit.
ltem No 13 Furnish and Install connection into small tank (see Detail l-2)
Measurement and Payment for this item shall be per each. Payment shall be full and
complete compensation to include all labor and materials necessary to make the
connection between the existing 4 inch asbestos cement pipe and the new 6 inch PVC
pipe.
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Item No l4 Furnish and Install Highway Crossing ( Bored)
Measurement and Payment for this item shall be per each. Payment shall be complete and
full compensation for furnishing all labor, materials and equipment for installing the 6 in
PVC pipe beneath the road way. All excess material shall be removed when complete and
the area cleaned up. If Item 14 is used in the project and paid for, Item 14 A will not be.
Item No l4 A Furnish and lnstall Highway Crossing (Open Cut)
Measurement and Payment for this item shall be per each. The payment shall be full and
complete compensation for furnishing all labor, materials, equipment, excavation, asphalt
removal, imported back fill, back fill, asphalt replacement, testing of materials, flagging
crews, signs, clean up of the area and all other items required to complete this item. If this
item is included in the project payment, Items No 14 will not be.
Item No l5 Furnish and Install 4 inch perf. Spring Collection Pipe
Measurement of this item shall be along the centerline measured in lineal feet. The
Payment shall be full and complete compensation for furnishing all labor, materials,
equipment, pipe, excavating, clearing and grubbing the site of all organic materials within
l5 foot of the new collection pipe line, and end plugs for the installation of the perforated
pipe at each of the four (4) spring areas. This payment includes the placement of 6 mil
plastic liner over the washed gravel prior to back filling.
ltem No 17 Furnish and Install Clay Dams at each Spring Collection Area ( 3'X 3' X l')
Measurement and Payment for this items shall be per each. The Payment for this item shall
be full and complete compensation for furnishing the labor and materials to construct a
clay dam at the locations shown on the drawings. The clay must be 90 % plus passing a
200 mesh screen. The use of Bentonite will be considered.
Item No 18 Furnish and Install Washed Gravel at Spring Collection sites (2 " max. l" min.)
Measurement and Payment for this item shall be in unit price per cubic yards in place. The
payment shall be full and complete compensation for providing the labor, equipment and
materials to place this washed gravel in the trench above and below the 4 inch perf pipe at
the spring sites. This payment also includes any cost to transport the washed gravel to the
site.
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Item No l9 Furnish and lnstall l0 feet of cover over the spring areas. Or Furnish and lnstall
l0 Mil Plastic Liner over each spring area.
Measurement shallbe in square yards, l0 feet deep, if fill material is used, and square
yards if l0 Mil Plastic Liner is used. The Payment shall be at the unit price as bid. The. Payment shall be full and complete compensation for furnishing the labor, equipment, and
materials for installing the filVcover over the spring areas. The use of a l0 Mil Plastic
Liner also requires 2 feet of clean fill over the liner and shall be included in this payment.
Item No 20 Furnish and Install 4' x 4'x 4' Concrete Junction Boxes at each spring site
Measurement and Payment of this item shall be per each. Payment for this items shall be
full and complete compensation for all labor, equipment and materials necessary to place a
4'x4'x 4 ' concretejunction box at each spring area. The boxes may be precast or poured
in place. Each box shall be equipped with a locking, over lapping sanitary lid.
ltem No 2l Furnish and Install4 inch x 2 inch drain at each Spring Site
Measurernent and Payment of this item shall be per each. Payment for this item shall be
full and complete compensation for furnishing all labor, materials, and equipment to
provide and install a 4 inch by 2 inch tee in the 4 inch PVC spring collection outlet line,
downstream of the clay dams. This payment shall include excavation, bedding, back fill,
and a2 inch sate valve and box and 2 inch PVC drain line with wire mesh over the end.
Items 22 Remove excess excavated material from the spring areas, to a point 20 feet South
of the Chlorination Buildins.
Measurement of this item shall O";r lump sum. The Payment shall be full and complete
compensation for the removal of all excess material taken out of the spring areas. This
Payment shall include all labor, trucks and equipment necessary to clean up the spring
areas of excavated material un-useable for back filling the springs.
ltem No 23 Furnish and Install4 Wire stock fence with posts at l0 feet max.
Measurement and Payment for this item shall be in lineal feet measured post to post of the
finished fence. Payment shall be full and complete compensation for furnishing all labor
and materials to build the fence around the newly completed spring areas. The fence will
not have gates. The contractor is encouraged to use some of the existing fence if possible.
Item No 24 Construct a 2 foot X I foot interceptor ditch uphill at four spring sites
Measurement of this item will be measured in lineal feet. Payment for this item shall be in
unit price as bid. Payment shall be full and complete compensation for constructing the
interceptor ditches uphill of all redeveloped spring sites. This Payment shall include all
labor and equipment necessary to construct the interceptor ditches.
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Item No 25 Construct 3 foot X I foot rock lined ditch at each spring site
Measurement of this item shall be in lineal feet as measured top to bottom. Payment of this
item shall be per unit price as bid. Payment shall be full and complete compensation for all
materials and equipment necessary to construct this rock ditch of materials 3 inches to 6
inches in diameter.
Item No 26 lmprove Water Channel to dispose of waste water
Measurement and Payment of this items shall be lump sum. The Payment for this item
shall be full and complete compensation for the labor, equipment and materials to
construct a method of disposing of the waste water from the springs being redeveloped.
Item No 27 Clean up Canyon and Spring Areas when project is complete.
Measurement and Payment for this item shall be lump sum. The payment for this item shall
be full and complete compensation for the labor and equipment to clean up the spring
areas so as to not leave any soil, pipe, fencing or other debris that will have the canyon
area be unsightly or offensive to the public.
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WAGE DETERMINATION
GENERAL DECISION UTOOOOI6 02/IIIOO UTI6
General Decision Number UT000016
Supersedecl General Decision No. UT990016
State: Utah
Construction Type:
SEWER AND WATER LINE
County(ies):BEAVER GRAND
BOX ELDER IRONCACHE JUABCARBON KANEDAGGETT MILLARDDUCHESNE MORGANEMERY PIUTEGARFIELD RICH
Water and Sewer Lines (off site only)
ModificationNumber PublicationDate0 02/1v2000
COUNTY(ies):BEAVER GRAND
BOX ELDER IRONCACHE JUABCARBON KANEDAGGETT MTLLARDDUCHESNE MORGANEMERY PIUTEGARFIELD RICH
suuT2005 A 04/15/1992
Rates Fringes
CEMENT MASONS 13.02 1.80
LABORERS (including pipelayers) 1.61
SAN PETE
SEVIER
SUMMIT
UINTAH
WASATCH
WASHINGTON
WAYNE
SAN PETE
SEVIER
SUMMIT
UINTAH
WASATCH
WASHINGTON
WAYNE
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POWER EQUIPMENT OPERATORS:
BACKHOE
DOZERS
LOADERS
ROLLERS
TRACKHOE
I 1.36
10.25
r0.86
I 1.33
12.t9
WELDERS: Receive rate for prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR?5.5(a
WAGE DETERMINATION APPEALS PROCESS
l.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
x a conformance (additional classification and rate)
ruling
On survey related matters, initialcontact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wase and Hour Division
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U. S. Department of Labor
200 Constitution Avenue. N. W.
Washington. D. C. 20210
2.) tf the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can requesr
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washineton. D. C. 20210
The request should be accompanied by a full sratement of the
interested party's position and by any information (wage payment
data, project description. area practice material. etc.) that the
requestor considers relevant to the issue.
END OF GENERAL DECISION
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SECTION OO85O
Federal Labor Standards Prorisions U.S. Department of Housing
and Urban Development
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by
the
United States of America and thc tbllowin-e Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. l. (i) Nlinimum lVages. All labors and mechanics employed or rvorking upon the site of the rvork
(or under the United States Housing Act of 1937 or under the Housin,e Act of 1949 in the construction
or development <;f the project). ''vill be paid unconditionally and not less often than once a week. and
rvithclut subsequent deduction or rebate on anv account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3).
the tull amount of rva-rres and bona fide fringe benefits (orcash ecluivalents thereof) due at time ol
payment computed at rates not less than those contained in the rvage determination of the Secretary of
Labor which is attached hereto and made a part hereof. re-qardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated fbr bona fide fringe benefits under Section 1(bX2) of the Davis
Bacon Act on behalf of labors or mechanics are considered wages paid to such laborers or mechanics.
subject to the prol'ision of 29 CFR-5.5(aX I )(iv): also. regular contributions made or costs incurred fbr
more than a weekly period (but not less ofien than quarterly) under plans. funds. or programs. which
cover the particular weekly period. are deemed to be constructively made or incurred during such
weekly period.
Such labors and mechanics shall be paid the appropriate wa,qe rate and fringe benefits on the wa-qe
determination for the classification of work actually perfbrmed. without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified fbr each classification for the time actually
worked therein: Provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)( I )(ii) and the Davis Bacon poster
(WH- I 321 ) shall be posted at all trmes by the contractor and its subcontractors at the site of work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(a) Any class of labors or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and wage rate and fiinge
benefits therefirre only when the following criteria have been met.
(l) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fiinge benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the labors and mechanics to be employed in the classification (if
known). or their representatives. and HUD or its designee agree on the classification and
wage rate (including the amount designated for fiinge benefits where appropriate), a report of
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the acrion shall be sent by HUD or its designee to the Administrator of the Wage and Hour
Division. Enrployment Standards Administration: U.S. Departntent of Labor. Washrngton.
D.C. 202 10. The administrator. or an authorized representative. will approve. modit'y. or
disapprove every a,Jditional classification action within 30 days of receipt and so aclvise HUD
or irs 6esi-unee or * ill notify HUD or its designee within the 30 day period that additional
time is necessary. (.\pproved by the Office of Management and Budget under OMB control
number l2l5-0140.).
(c) In the event the contractor. the labors or mechanics to be employed in the classilication or
their representatives. and HUD or its desi-snee do not a-gree on the proposed classification and
wage rate (inclurling rhe amount designated tbr fiinge benefits. where appropriate). HUD or
its designee shall ret'er the questions. including the views of all interested parties and the
recommendation ol'HUD or its designee. to the Administrator for determination. The
Administrator. or an authorized representative. will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee withirr the 30
days period that additional time is necessary. (Approved by the Office of Management and
Budget under OMB Control Number I 2 I 5-0140. )
(d) The wa_se rate tincludrng fringe benefits where appropriate) determined pursuant to
subparagraphs ( | )(b) or (c) of this para-uraph. shall be paid to all workers pertbrming work in
the classification under this contract from the iirst day on rvhich work is perfbrmed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract fbr a class of laborers or
mechanics includes a tiin-ce benefit which is not expressed as an hourly rate. the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
frin-ee benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person. the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona flde fringe benefits under a plan or a pro-qfam.
Provided. That the Secretary of Labor has fbund. upon the written request of the contractor,
that the applicable standards of the Davis Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets fbr the meeting of
obligations under the plan or program. (Approved by the OfTice of Management and Budget
under OMB Control Number I 215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contractor or any other Federal contract with the same prime contractor. or any
other Federally-assisted contract subject to Davis Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices. trainees and helpers, employed by the
contractor or any subcontractor the tull amount of wa-ues required by the contract. In the event ol
failure to pay any laborer or mechanic. including any apprentice. trainee or helper, employed or
rvorking on the site of the uork (or under the United States Housin-e Act of 1937 or under the Housin-c
Act of 1949 in the construction or development of the projectl. all or part of the wages required by the
contract. HUD or its designee may. atier written notice to the contractor. sponsor, applicant. or owner.
take such action as may be necessary to cause the suspension of any further payment, advance. or
guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to
the contractor. disburse such amounts withheld tbr and on account of the contractor or subcontractor
to the respective employees to whom they are due. The Comptroller General shall make such
disbursements in the case of direct Davis Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work preserved for a period of three years thereatter for all
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labors and rnechanics working rrt the site of the work (or under the United States Housin-c Act of
1937. or under the Housing Act of l9-19. in the construction or development of the project). Such
recurds shall contain the name. address. and social security numberof each such rvorker. his or her
correct classification. hourly rates of wa-ees paid (includin-e rates of contribLrtions or costs anticipated
forbgnaficlefiingebenefitsoreashequivalentsthereof of thetypesdescribedinsection l(bX2)(B)of
the Davis Bacon Act). claily anr-t weekly number of hours worked. deductiotts made and actual rvages
paicl. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)( I )(ir ) that the wa-ees of any
laborer or nrechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or pro-cram descrihed in Section l(bX2)(B) of the Davis Bacon Act. the contractor shall
maintain records which show that the commitment to provide such benefits is enf-orceable. that the
plan or pro_sram is financially rcsponsible. and that the plan or program has been communictted in
rvriting to the laborers or mechanics affbcted, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved pro-qrams shall maintain writtenvidence of the re-eistration of apprenticeship programs and
certilication of trainee programs. the registration of the apprentices and trainees. and the ratios and
wage rates prescribed in the applicable programs. (Approved by the Office of Mana-uement and
Bud-qet under OMB Control Numbers l2l5-0140 and l2l5-0017.)
(iiXa) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to HUD or its designee if the agency is a party to the
cotltract. but if the agency is not such a party. the contractor will submit the payrolls to the
applicant. sponsor. or ()wner. as the case may be. fbr transmission to HUD or its desi,cnee.
The payrolls submitted shall be set out accurately and completely all of the infbrmation
required to be maintained under 29 CFR part 5.5(aX3XI). This infbrmation may be submitted
in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased fiom the Superintendent of Documents (Federal Stock Number 029-005-00014- I ).
U.S. Government Printing Oftlce. Washington, DC.20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number I 2 l5-0149. )
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance" si-rned by
the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract shall certify the following:
(l) That the payroll fbr the payroll period contains the information required to be
maintained under 29 CFR Part 5.5 (aX3XI) and that such infbrmation is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice. and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned. without rebate, either directly or indirectly from the full wages earned,
other than permissible deductions as set fbrth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fiinge benefits or cash equivalents fbr the classification of work perfirrmed.
as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set fbrth on the reverse side of
Optional Form WH-347 shall satisfy the requirement tbr submission of the "Statement of
Compliance" required by paragraph A.3.(iiXb) of this section.
(d) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section l00l of Title l8 and Section 231
of Title 3l of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i)
of this section available tbr inspection. copying. or transcription by authorized representatives
of HUD or its designee or the Department of Labor. and shall permit such representatives to
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intervicrv employees during r,vorking hours on the job. If the contractor or sttbcontractor farls
to subrnit the required recrrrcls or to make them available. HUD or its desi-unee may after
lvritten notice to the contractor. sponsor applicant. or owner. take such action as may be
necessi.rry to cause the suspension of any further payment. advance. or guarantee of funds.
Furthermore. failure to submit the required records upon request or to make such records
available may be grounds lbr debarment action pursuant to 29 CFR Part 5.12.
4. (i) Apprentices and Trainees, Apprentices. Apprentices will be permitted to work at less than the
predetermined rate fbr the work they perfbrmed when they are employed pursuant to and individually
registered in a Lrona fide apprenticeship program re-uistered with the U.S. Department of Labor.
Employment and Training Administration. Bureau of Apprenticeship and Training. or with a State
Appru'nticeship A_uency reco-enized by the Bureau. or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such an apprenticeship program. who is not
inclividuallv registered in the progmm. but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible tbr probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
cratt classilicatron shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate. who is
nor registered or otherwise employed as stated above. shall be paid not less than the applicable wage
rate ()n the wage determination for the classification of rvork actually perfbrmed. In addition. any
apprentice performin-u work on the job site in excess of the ratio permitted under the registered
pro_qram shall be paid not less than the applicable wage rate on the wage determination for the work
actually perforrned. Where a contractor is perfbrmin-u construction on a project in a locality other than
that in which its program is registered. the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's re-eistered program shall be
observed. Everv apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress. expressed as a percenta-ee of the journeymen hourly rate
specified in the applicable wa-ue determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. [f the apprenticeship program does not
specily frin_ee benefits. apprentices must be paid the full amount of fringe benefits listed on the wa-ee
determination for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification. fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate fbr the
work perfbrmed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate fbr the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor. Employment and Trainin-e
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does not mention fiinge
benefits. trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship pro-qram associated with the corresponding journeyman wage rate on the
wa-se determination which provided for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a
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training plan approved by the timplovment and Trainin-s Administration shalI be paid not less
than the applicable wage rate on the rvage determination fbr the work actually pertbrmed. In
ad<Jition. any rrainee perfbrming work on the job site in excess of the ratio permitted under
the registered program shall bc paid not less than the applicable wage rate ()n the wa-ee
determination fbr the work actually pertormed. In the event the Employment and Training
Aclministration withdraws approval of a training pro,sram. the contractor u ill no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable pro-qram is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices. trainees and
journeymen under this part shall be in confbrmity with the equally employrnent opportunity
requiremertts of Executive Order I 1246. as amended. and 29 CFR part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of l9 CFR Part 3 which are incorporated by ref'erence in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(ltthrough (10)and such otherclauses as HUD or its designee may by appropriate
instructions require. and also a clause rcquiring the subcontractors to include these clauses in any
lorver tier subcontracts. The prime contractor shall be responsible fbr the compliance by any
subcontractor or lorver tier subcontract()r with all the contract clauses 29 in CFR Part 5.5
7. Contracts termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be
-srounds tbr termination of the contract. and for debarment as a contractor and subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis Bacon and Related Act Requirements. All rulin-ss and interpretations of
the Davis Bacon and Related Acts contained in 29 CFR Parts l. 3. and 5 are herein incorporated by
ref'erence in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of
its subcontractors) and HUD or its desi-snee. the U.S. Deportment of Labor, or the employees or their
representati ves.
10. (i) Certification of Eligibility. By entering into this contract. the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Govemment contracts by virtue of Section 3(a) of the Davis Bacon Act or 29
CFR 5.12(aX I ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of Section 3(a) of the Davis Bacon Act or 29 CFR
5.12(aX I ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24
CFR Part 24.
(iii) The penalty fbr makin_e talse statements is prescribed in the U.S. CriminalCode, l8
U.S.C. 1001. Additionally. U.S. Criminal Code. Section 1010, Title 18. U.S.C.. "Federal
Housing Administration transactions". provides in part "Whoever. tbr the purpose of ...
influencing in any wage the action of such Administration ... makes. utters or publishes any
statement. knowin_q the same to be t'alse ... shall be fined not more than $5.000 or imprisoned
not more than two years or both".
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the
wage. salary. or other labor standards provisions of this Contract are applicable shall be discharged or
in any other manner discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor standards applicable
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under this Contract to lris employer.
B. Contract Work Hours and Safety Standards Act. As used in this para-eraph. the terms "laborers"
and "rnechanics" include watchmen and guards.
(l) Overtime requirements. No contractor or subcontractor contractin-e fbr any part of the
contract work rvhich may require or involve the employment of laborers or mechanics shall
require or perrnit any such laborer or mechanic in any rvorkweek in which he or she is
employed on :uch work to work in excess of tbrty hours in such workweek unless such
laborer rtr mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay tbr all hours in excess of torty hours in such workweek.
(2) Violation: liability for unpaid wages; liquidated damages. In the event of any violation
of the clause sct fbrth in subpara-eraph ( I ) of this para-eraph. the contractor and any
subcontractor responsible therefbre shall be liable fbr the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work dtxe
under contracr tor the District of Columbia or a territory. to such District or to such territory).
ftrr liquidated damages. Such liquidated dama-ees shall be computed with respect to each
individual laborer or mechanic. includin-e watchmen and guards, employed in violation of the
clause set forth in subparagraph (l) of this para-eraph. in the sum of $10 tbr each calendar day
on r'"'hich such individual was required or permitted to work in excess of eight hours or in
excess of the standard workweek of torty hours without payment of the overtime wages
required by the clause set fbrth in subparagraph ( I ) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall
upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld. from any moneys payable on account of work
pertormed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract. or any other Federally assisted contract subject to the
Contract Work Hours and Safety Standards Act. which is held by the same prime contractor
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor tbr unpaid wages and liquidated damages as provided in the clause set fbrth in
subparagraph (2) of this para-eraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph ( I ) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible fbr compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs (1 ) through (4) of this paragraph.
C. Health and Safety. (1) No laborer or mechanic shall be required to work in surroundings or under
work conditions which are unsanitary. hazardous. or dangerous to his health and safety as determined
under construction sat'ety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all re-eulations issued by the Secretary of Labor pursuant to Title
29 Part I926 (fbrmerly part l5l8) and failure to comply may result in imposition of sanctions
pursuant to the Contract Work Hours and Saf'ety Standards Act (Public Law 9l-54. 83 Stat. 96). (3)
The Contractor shall include the provisions of this Article in every subcontract so that such provisions
will be binding on each subcontractor. The Contractor shall take such action with respect to any
subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct
as a means of enforcing such provisions.
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PART TV
TECHMCAL SPECIFICATIONS
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TECHN ICAL SPECIFICATIONS
DISTRIBUTION SYSTEM
TABLE OF CONTENTS
SECTION DS 1.
DS2.
DS3.
DS4.
DSs.
DS6.
DS7.
DS8.
DS9.
DS 10.
DSI I.
DS 12.
DS13.
DS I4.
Earth Work
Excavation and Backfill for Pipeline
PVC Plastic Drain Pipe
Ductile lron Water Pipe
PVC Pressure Water Pipe
Valves, Hydrants and Miscellaneous ltems
Testing and Disinfection of Water Lines
Consffuction of Thrust Blocks
Portland Cement Concrete
Man Holes
Tablet Feed Chlorinator
Asphalt Paving
Drainage and Irrigation Ditches
Pavement Replacement
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SECTION DSI
EARTHWORK
l. I GENERAL: This section defines the requirements for excavation and
back-fill for embankments and fills, and subgrade preparation for pavements and other
surface improvements.
1.2 CONSTRUCTION OF EMBANKMENTS AND FILLS: Unsuitable
materials that occur in the foundations for embankments and fills shall be removed by
clearing, stripping, and/or grubbing. where suitable materials occur after stripping, the
road base shall be scarified to a depth of not less than 6 inches, and the loosened material
shall be moistened and compacted as hereinafter specified for each layer. All materials
in embankments and fills shall be placed, moistened, and compacted as provided in the
following paragraphs.
When the embankment or fill exceeds the amount of excavation, sufficient additional
material shall be obtained from borrow pits provided by the contractor. All material
proposed to be imported shall be subject to the review and approval of the Engineer or his
representative prior to starting of hauling operations.
The materials used for embankment and fill construction shall be free from sod, grass,
[ash, rocks larger than 4 inches in diameter, and all other materials unsuitable for
construction of compacted fills.
Grading of completed embankments and fills shall bring the surfaces to a smooth,
uniform condition with final grades being within 0.1 foot of the design grade.
1.3 COMPACTING EARTH MATERIALS: The materials shall be
deposited in horizontal layers having a thickness of not more than l0 inches after being
compacted as hereinafter specified. The distribution of materials shall be such that the
compacted material will be homogeneous and free from lenses. pockets, or other
imperfections.
Prior to and during compaction operations the material shall have the optimum moisture
content required for the purpose of compaction, and the moisture content shall be uniform
throughout the layers, insofar as practicable. Moistening of the material shall be
supplemented as required by sprinkling at the site of construction. If the moisture
content is less than optimum for compaction, the compaction operations shall be delayed
until such time as the material has dried to the optimum moisture content.
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when the material has been conditioned as hereinbefore specified" the back fill or
embankment shall be compacted as follows:
a. Under roadways and extending one foot beyond the proposed line
the fill or embankment material shall be compacted to a density equal to not
less than 960/o of maximum dry density as measured by ASSHTO T'99.
b. Other fills and embankments not listed above shall be compacted to
a density equal to not less than 960/o of maximum dry density, as measured
by ASSHTO T-9e
L4 ROAD SUBGRADE PREPARATION: In both cut and fill areas the
paving subgrade shall be scarified to a depth of 8 inches and compacted to the equivalent
of 96Yoof maximum dry in diameter, organic material, soft clay, spongy material, or
other deleterious material will be permitted in this scarified subgrade layer. Rough
subgrades shall be shaped and graded to within a tolerance of 0.10 foot of design grade
and drainage shall be maintained at all times.
During the rolling operation moisture content of the subgrade layer shall be maintained at
not less thangTo/oor more than 105% of optimum moisture content. Rolling shall be
continued until the entire roadbed is compacted to the specified density to a minimum
depth of 8 inches.1.5 TESTING: The following will be test procedures
used for fill materials:
Density test strip
Proctor with nuclear field check.
c. Field inspection and testing by the City Inspector as determined in the
best interest of the CiW.
DENSITY TEST STRIP: A density test strip shall be used where
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a.
b.
1.6
required by the City tnspector to determine target densities for the subgrade.
A test strip shall have an area of approximately 400 square yards and shall be of the
same materials and depth as will be used in the remainder of the subdivision. Each test
strip shall remain in place and shall become a section of the completed course.
The equipment used in the construction of the test strip shall
DS1.2
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have the prior approval of the Cit-v Inspector and shall be the same type and weight
to be used on the remainder of the course represented by the control strip.
Compaction of the test strip shall be continued until an increase of no more than 0.5
lb. per cubic foot in density can be obtained by additional roller passes.
Upon completion of the rolling, the mean density of the test sffip shall be
detennined by averaglng the results of eight nuclear density tests taken at randornly
selected sites within the test strip. The mean density of the test stnp shall be the
target density for the remainder of the course which it represents.
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SECTION DS2
EXCAVATION
2.1 GENERAL: This section covers the requirements for ffenching and back
filling for underground pipelines.
2.2 CONTROL OF GROUNDWATER: All trerrches shall be kept free from
water during excavation, fine grading, pipe laying and jointing, and pipe embedment
operations. Where the trench bottom is mucky or cases where the static groundwater is
above the bottom of any trench or bell hole excavation, such groundwater shall be
lowered to the extent necessary to keep the trench free from water and the trench bottom
stable when the work within the trench is in progress. Surface water shall be prevented
from entering trenches.
2.3 EXCAVATION FOR PIPELINES: Excavation for pipelines shall follow
lines parallel to and equidistant from the location of the pipe centerline. Trenches shall
be excavated to the depths and the widths required to accommodate the construction of
the pipelines, as follows:
(a)Except in ledge rock, cobblerock, stones, or water safurated earth,
mechanical excavation of ffenches shall not extend below an
elevation four inches above the bottom of the pipe after placement
in its final position. All additional excavation necessary for
preparation of the trench bottom shall be made manually. Excava-
tion shall not be carried below the elevation required to install the
pipe to the grade shown on the drawings. Any unauthorized
excavation made below grade for any reason shall be back filled in
accordance with these specifications.
Excavation for trenches in ledge rock, cobble-rock, stones, mud, or
other material unsatisfactory for pipe foundation shall extend to a
depth of at least four inches below the bottom of the pipe. A
bedding of special material shall be placed and thoroughly
compacted with pneumatic tampers in six-inch lifts to provide a
smooth, stable foundation. Special foundation material shall consist
of suitable earth materials free from roots, sod, or vegetable matter.
Trench bottoms shall be hand-shaped as specified in paragraph (a)
above.
(b)
DS2.I
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where unstable earth or muck is encountered in the excavation at the
grade of the pipe, a minimum of trvelve inches below grade will be
removed and back filled with crushed rock or gravel to provide a
stable subgrade.
(c) The maximum width of trench, measured at the top of the pipe, shall
be as nanow as possible but not wider than 12 inches on each side of
sewer pipe and l5 inches on each side of water pipe.
2.4 GRAVEL FOLINDATION FOR PIPE: Wherever the sub-grade material
does not afford a suffrciently solid foundation to support the pipe and superimposed load,
where water must be drained to maintain dry boffom for pipe installation, and at other
locations as previously defined, the subgrade shall be excavated to the specified depth
and replaced with crushed rock or gravel.
Gravel for pipe foundation shall be clean crushed rock or gtavel conforming to the
following gradation:
Screen
l-112"
No. 4
%o passing
100
5
The gravel material shall be deposited over the entire trench width in six-inch maximum
layers; each layer shall be compacted by tamping, rolling, vibrating, spading, slicing,
rodding, or by a combination of two or more of these methods. In addition, the material
shall be graded to produce a uniform and continuous support for the installed pipe.
2.5 BLASTING: Blasting will not be allowed except by special permission of
the City. The contractor shall comply with all laws, ordinances. and applicable safety
code requirements and regulations relative to the handling storage and use of explosives
and protection of life and property, and shall be fully responsible for all damage
attributable to his blasting operations. Excessive blasting or overshooting will not be
permitted, and any material outside the authorized cross section which may be shattered
or loosened by blasting shall be removed by the confractor.
2.6 SHEETING BRACING. AND SHORING OF EXCAVATIONS:
Excavations shall be sheeted, braced and shored as required to support the walls of the
excavations to eliminate sliding and settling and as may be otherwise required to protect
the workmen and existing utilities, structures, and improvements. All such sheeting,
bracing, and shoring shall comply with the requirements of the Utah State Industrial
Commission and OSHA.
D52.2
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All damage resulting from lack of adequate sheeting, bracing, and shoring shall be the
responsibility of the conffactor, and the contractor shall effect all necessary repairs or
reconstruction resulting from such damage.
2.7 BACK FILLING: Back fill shall be carefully placed on and over pipes and
shall not be permitted to fall directly on a pipe from such height or in such a manner as to
cause damage. ln these specifications the process of preparing the trench bottom to
receive the pipe and the back filling on each side of the pipe to a level over the top of the
pipe is defined as bedding. Bedding requirements are as defined in the specifications for
each specific pipe material.
Trench back filling above the level of the pipe bedding shall normally be accomplished
with native excavated materials, free of large rocks.
The back fill in all utility trenches shall be either compacted or consolidated according to
the requirements of the materials being placed. Under pavements or other surface
improvements the in-place density shall be a minimum of 96%o of laboratory standard
maximum dry density as determined by AASHTO T-99. In shoulders and other areas the
in-place density shall be a minimum of 95"/o of the maximum dry density as determined
by AASHTO T-99.
2.8 CONSOLIDATION OF BACK FILL: Consolidation of back fill shall be
accomplished by those methods in which water is used as the essential agent to produce
the desired condition of density and stability. Water shall be applied by jetting unless
flooding is specifically authonzedby the City Inspector. Authorization by the City
Inspector to use any consolidation method does not relieve the contractor of his
responsibility to meet the specified density requirements. Water for consolidation shall
be furnished by the contractor at his expense.
In the jetting procedure the jets shall be inserted at not more than four-foot intervals
(staggered throughout the length of the back filled area) and shall be slowly forced down
to the bottom of the trench or top of previously jetted lift and held until the trench back
fill is completely saturated with water. Depth ofjetted lift shall not exceed 5 feet unless
otherwise approved by the City lnspector.
The minimum size of hose equipment shall he such as to provide a minimum pressure of
35 pounds per square inch at the discharge. The jet shall be a rigid iron pipe with a
minimum diameter of one inch.
After the water-settled trench has set for several days. any depression in the trench shall
be filled, mounded over, and wheel rolled to compact the material thus placed.
DS2.3
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All precautions necessary shall be taken by the contractor to prevent damage and
movement (including floating) of the pipeline, structures, and existing adjacent
improvements and utilities. The use of consolidation methods will be allowed only
when they will not result in damage to adjacent ground. The contractor shall make
his own determination in this regard, and shall assume all risks and liability for
settlement or lateral movement of adjacent ground, improvernents, or utilities, either
on the surface of the ground or underground.
2.9 COMPACTION OF BACK FILL: Back fill shall be compacted by
means of sheepsfoot rollers, pneumatic tire rollers, vibrating rollers, or other
mechanical tampers of a size and type approved by the City Inspector.
Where compaction methods are used, the material shall be placed at a moisture
content such that after compaction the required relative densities will be produced;
also the material shall be placed in lifts which, prior to the compaction, shall not
exceed l2 inches.
Prior to compaction each layer shall be evenly spread, moistened, and worked by
disk hanowing or other means approved by the City Inspector.
lf the required relative density is not attained, test sections will be required to
determine any adjustments in compacting equipment, thickness of layers, moisture
content, and compactive effort necessary to attain the specified minimum relative
density.
Approval of equipment, thickness of layers, moisture content, and compactive effort
shall not be deemed to relieve the contractor of the responsibility for attaining the
specified minimum relative densities. The contractor in planning his work shall
allow sufficient time to perform the work connected with test sections and to permit
the City lnspector to make tests for relative densities.
2.10 IMPORTED BACK FILL MATERIAL: ln the event the native
excavated material is not satisfactory for back filling, the contractor shall provide
imported granular material. This granular material shall pass a 3-inch square sieve
and shall not contain more than l5% of material passing a 200-mesh sieve, and
shall be free from sod, vegetation, and other organic or deleterious materials.
DS2-4
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SECTION DS3
PVC PLASTIC DRAIN PIPE
3.1 GENERAL: This section covers the requirements for PVC plasfic storm drain
pipe to be used in mains and laterals.
3.2 PIPE: PVC plastic drain pipe shall be made of compound conforming to ASTM
D-1784 with a cell classification of 13364-8 with a minimum tensile modular of 500,000
psi. PVC sewer pipe must meet all the dimensional, chemical, and physical requirements
outlined in ASTN{ n-3034, shall have a SDR of 35.0 and shall be supplied in 20 foot
laying lengths. Pipe shall carry the IAPHO UPC Seal of Approval or as otherwise
specified by the City. SDR and laying length may be modified as conditions dictate
when approved by the Ciqv Engineer.
PVC drain pipe shall be installed according to the requirements of ASTM D-2321 and the
manufacturer S requirements.
3.3 JOINTS: Joints for PVC plastrc drain pipe shall be of the rubber gasket bell and
spigot type, and the rubber gaskets shall conform to ASTM D-1869.
3.4 FITTINGS: Fittings shall be made of PVC plastic conforming
to ASTM D-1784, have a cell classification as outlined in ASTM D3034, and carrv the
IAPMO UPC Seal of Approval.
3.5 PIPE LAYING: All pipe installation shall proceed up grade on a stable foundation
with joints closely and accurately fitted. Installation requirements of the manufacturer
shall be rigidly adhered to.
Rubber gaskets shall be fitted properly in place and care shall be taken in joining the pipe
units to avoid twisting of gaskets. Joints shall be clean and dry and a joint lubricant, as
recornmended by the pipe supplier, shall be applied uniformly to the mating jointing
surfaces to facilitate easy positive joint closure. Pipe shall be installed with uniform
bearing under the full length of the barrel, with suitable excavations being made to
receive pipe bells.
Select material shall be compacted around the pipe to firmly bed the pipe in position. lf
adjustment of position of a pipe length is required after being laid, it shall be removed
and rejointed as for a new pipe. When laying is not in progress, the ends of the pipe shall
be closed with a tight-fitting stopper to prevent the entrance of foreign material.
DS3-I
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ln addition to the above requirements, all pipe installation shall comply to the specific
requirements of the pipe manufacturer.
3.6 GRAVEL FOUNDATION FOR PIPE: Wherever the subgrade material does not
afford a sufficiently solid foundation to support the pipe and superimposed load, it shall
be excavated to such depth as may be necessary and replaced with crushed rock or gravel
compacted into place. Gravel foundation material for pipe shall be placed only when,
and to the depth, requested by the Engineer or specified on the Drawings.
Gravel for PVC pipe foundations shall be clean crushed rock or gravel with 100%
passing a l%-inch screen and maximum of 57o passing a No. 4 sieve.
3.7 INSTALLATION REQUIREMENTS FOR LINE AND GRADE: All drain pipe
shall be installed accurately to the defined line and grade with the following limits:
Variance from established line and grade shall provide that such variation does not result
in a level or reverse sloping invert; provided also, that variation in the invert elevation
between adjoining ends of pipe, due to non-concentricity ofjoining surface and pipe
interior surfaces, does not exceed one sixty-fourth (1164) inch per inch of pipe diameter,
or one-half (ll2) inch ma:rimum.
3.8 PIPE EMBEDMENT: All pipe shall be protected from lateral displacement and
possible damage resulting from impact or unbalanced loading dwing backfilling
operations by being adequately bedded in suitable embedment material.
The bottom of the trench shall be of stable materials. In general, coarse-grained soils,
free of rocks and stones, such as graded crushed rock, gravel, sand, and other granular
materials. are considered stable materials. A stable material shall be placed and
compacted under the pipe haunches and up to the springline in uniform layers not
exceeding l0 inches in depth. when bedding is required" the same material should be used
for both bedding and haunching. Stable material. free of rocks and stones, shall be used
to backfill the trench from the springline of the pipe to a point at least 12 inches above
the top of the pipe. Each l0-inch layer of bedding, haunching and initial backfill shall be
placed, then carefully and uniformly compacted to 90o/o of ASSHTO T-99 density.
Exfia-fine sand, clay, silt, or large soil lumps shall not be allowed as bedding, haunching
or initial backfill material. The remaining backfill over the top
DS3-2
of the initial backfill shall be placed in accordance with Section 6.
No beddins material shall be used unless accepted bv the Ciw Enqrneer. Samoles
cf the mate-rials shall be submitted bv the Confractofa sufficient time in advan^ce of
intended use to enable its inspection'and testing. Bedding material shall be one of
the following, at the Contractbr s option:
Sand: Sand beddine shall be a clean sand-lravel mixture free from orsanic
matter and conforming to thdfollowing gradation when tested in accordance with
ASTM D.422.
U.S. Standard Sieve Size
3t4"
318"
#4
#10
#20
#40
#100
#200
70-l 00
55-100
35-95
20-80
10-55
0-10
0-3
Pea Gravel:
Pea gravel bedding shall be a clean mixture free from organic matter and
conforming to the following gradation when tested in accordance with ASTM D-
422.
U.S. Standard Sieve Size Percent passing by wt.
I U2"
3t4
l12"ll4"
100
30-75l5-55
0-5
Gravel-Sand:
U.S. Standard Sieve Size Percent Passing by Wt.
100
30-7 5
l5-55
0-40
0-3
I l14"
314"
l12ll4"
#200
Crushed Rock: Crushed rock beddine shall be a clean mixture free from
organic material and conforning to the followiri'g gradation when tested in
acEordance with ASTM D-422:
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SECTION DS4
DUCTILE IRON PIPE WITH PIPE.IOINTS & FITTTNGS4.1 GENERAL: This section covers the requirements for ductile
iron pressure pipe materials and installation.
4.2 MATERIALS: Ductile iron pipe shall conform to all requirements for ductile iron
pressure pipe materials and installation.
4.3 rOWrS:
(a) Mechanical Joints: All mechanical joints shall meet requirements of ANSI A-21.6
and ANSI 2l.ll. All gasket surfaces shall be smooth and free from imperfections.
Gaskets shall conform to tests in accordzurce with specifications and shall be less than one
year old.
Bolts shall meet all requirements of the above specification, honoring all characteristics,
tolerances and tests.
(b) Push-on Joints: All push-on joints shall meet the requirements of ANSI 2I.ll.
Gaskets shall be tree from defects and not over one year old.
Lubricants shall be non-toxic and have no deteriorating effects on gasket materials. lt
shall not impart taste or flavor to water in a pipe. It shall conform in every way to ANSI
2L,IL,
(a) Flanged Joints: Flanged joints shall be bolted firmly with machine, stud or cap bolts
of proper size. Flanges may be cast integrally with the pipe or may be screwed on
threaded pipe. Flanges shall be faced and drilled and of proper dimensions for size and
pressure required. All flanges shall meet requirements of ANSI A2l.[0, "American
Standard for Cast lron Fittings."
Bolts and nuts, unless otherwise specified, shall be made of the best quality refined iron
or metal steel and have clean, well-fitting threads. Bolts will be provided with standard
hexagonal nuts and standard hexagonal heads. Bolts shall be of the diameter required for
each flange and when installed, shall be of a length so that no more than 3/8 inch or less
than l/8-inch extends past face of nut.
Gaskets shall be I i | 6-inch thick, made of best quality asbestos sheet gasket material or
equal. A gasket for each flanged joint of proper size, ring type or full face as shown on
the drawings.
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(d) Compression Joints: Compression joints shall be mechanical joint sleeve, Smith
Blair 441 or Flange adaptor Smith Blair Type 900 or approved equal,
4.3 FITTINGS:(a) Mechanical Joint Fittings: Mechanical joint fittings shall conform to
ANSI A 21.10, "American Standard for Cast Iron Fittings."
4.4 FITTTNGS:
(a) Mechanical Joint Fittings: Mechanical joint finings shall conform to ANSI A
21.10, "American Standard for Cast lron Fittings."
(b) Push-on Fittings: Push-on fittings shall conform to ANSI A21.10 with bells,
sockets, and plain ends per ANSI A 21. I l.
(c) Flanged Fittings: Flanged fittings shall conform to ANSI A2l.l0, "American
standard for Cast lron Fittings."
All flanges shall be faced and drilled. Where cap screws or stud bolts are needed, flanges
shall be tapped to support cap screws or stud bolts.
4.5 LAYING PIPE: Pipe shall be laid as specified in AWWA Standard for Installation
of Water Mains" C-600, except as modified herein and in special conditions.
Tees, elbows, crosses, and reducers shall be used for changes in direction and outlets, as
shown on the drawings.
Anchors and thrust bolts shall be placed at valves, elbows, tees, etc., as shown on the
drawings and as directed by the City Engineer.
All ductile iron pipe installation shall proceed on a stable foundation, with joints closely
and accurately fitted. Joints shall be clean and dry, and a joint lubricant, as
recommended by the pipe supplier, shall be applied uniformly to the mating joint surfaces
to facilitate easy, positive joint closure.
Pipe shall be installed with uniform bearing under the full length of the barrel, with
suitable excavations being made to receive pipe bells.
Select material shall be compacted around the pipe to firmly bed the pipe in position. tf
adjusfinent of position of a pipe length
DS4-2
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is required after being laid, it shall be removed and reiointed as for new pipe. In
addition to the above requirenrents, all pipe installation shall comply with the
specific requirements of ihe pipe manufaiturer.
Each pipe shall be laid true to line and grade and in such a manner as to form a close
concentric joint with adjoining pipe and to prevent sudden offsets to the flow line.
As work progresses, the interior of the pipe shall be cleared of dirt and stperfluous
materials of every description. Wrere cleaning after laying is difficult because of
small pipe size, a suitable swab or drag shall be kept in the pipe and pulled forward
past each joint irrunediately after jointing has been completed. Trenches shall be
kept free from water until pipe jointing has set, and pipe shall not be laid when
condition of the trench or weather is unsuitable for such work. At all times when
work is not in progress. all open ends of the pipe and fittings shall be securely
closed to the satisfaction of the City Engineer so that no water, earth, or other
substance will enter the pipe or fittings.
4.5 GRAVEL FOUNDATION FOR PIPE: Wherever the subgrade material does
not afford a sufficiently solid foundation to support the pipe and superimposed load,
and where groundwatdr must be drained, the ddbgrade Shall be excavated to such
depth as may be necessary and replaced with crushed rock or gravel compacted into
place.
Gavel for ductile iron pipe foundations shall be clean crushed rock or gravel with
lA0% passing a 1-inch screen and 5o/o passing a No. 4 sieve.
4.7 PIPE BEDDING: All pipes shall be protected from lateral displacement and
possible damage resulting fiom impact or unbalanced loading during backfilling
operations by being adequately bedded. A groove shall be excavated in the bottom
of the trenclt to receive the bottorn quadrant of the pipe. Before preparing the
groove, the trench bottom shall be excavated or filled and compacted to an elevation
sufficiently above the grade of the pipe so that. when completed, the pipe will be
true to line and grade. Bell holes shall be excavated so that only the barrel of the
pipe receives bearing from the trench bottom.
Pipe bedding materials placed at any point below the midpoint of the pipe shall be
deposited and compacted in layers not to exceed l0 inches in uncompacted depth.
Deposition and compaction of bedding materials shall be done simultaneously and
unifonnly on both sides of the pipe. Cornpaction shall be accomplished with
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hand or mechanical compactors. All bedding materials shall be placed in the trench with
hand tools or other approved method in such a manner that they wll be scattered along
side the pipe and not dropped into the trench in compact masses. Bedding materials shall
be loose earth, free from lumps; sand materials free from roots, so{ or other vegetable
matter.
In the event trench materials are not satisfactory for pipe bedding, modified bedding will
be required. Modified bedding shall consist of placing compacted granular material on
each side of and to the level of l2 inches above the top of the pipe.
Modified bedding material shall be graded as follows l00o/o passing a lYz-inch screen
and 5o/o passing a No. 4 sieve.
4.S POLYETHYLENE WRAPPING: Ductile iron pipe materials placed may be required
to be wrapped, at the direction of the City Engineer, with a polyethylene plastic wrap the
entire length of the pipeline materials including all fittings and valves, in accordance with
the manufacturer's specifications. This shall be completed in order to provide the
necessary cathodic protection. All testing and costs to determine need for cathodic
protection shall be the responsibility of the subdivider, developer, confractor or project
manager.
Polyethylene encasement wrap shall consist of one or more wraps of sheet polyethylene
plastic to produce a minimum thickness of 8 mils over all surfaces. The wrap shall be
sufficiently loose so that it will contact all surfaces without tension after back-filling.
The wrap shall extend one foot over adjacent surfaces. The overlap at edges of the plastic
shall be a minimum of one foot, and the laps shall be secured in place. Ends of the wrap
shall be secured by circumferential bands on one-inch wide polyethylene plastic tape
applied under light tension.
Where polyethylene wrap is specified, all compression couplings, mechanical joints,
flanged joints, and valves exposed to soil shall be wrapped with 8-rail thick polyethylene
film adhesive tape equal to Polyken No. 900 or Scotchrap No. 50. The tape shall be
installed to adhere securely to both the pipe and polyethylene. Enough film shall be used
to overlap the adjoining pipe a minimum of one foot.
Valves shall be wrapped by bringing the wrap on the adjacent pipe over the bells or
flanges of the valve and sealing with the adhesive tape. The valve bodies are then
wrapped with a flat sheet of the film passed under the valve bottom and brought up
around the body to the stem and fastened in place with the adhesive tape.
DS4-4
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All fiuings that require concrete blocking should be completely wrapped prior to pouring
the concrete backing block.
Polyethylene wrap shall be protected from the sun and weathering prior to use. Care
shall be exercised during backfilling of the protected areas to prevent puncturing the film.
The boffom of the trench shall be shaped to give substantially uniform circumferential
support of the lower third of each pipe.
4.9 PIPE SIZES: lf the size of any piping is not clearly evident in the drawings, the
Contractor shall request instructions from the City Engineer as to the proper sizing. Any
changes resulting from the Contractor's failure to request clarification shall be at his
expense.
4.10 CLEANING AND FLUSHING: The contractor shall take every precaution to
remove dirt, grease, and all other foreign matter from each length of piping before
making connections in the field. After each selection of piping is installed, it shall be
thoroughly cleaned to remove. rocks, dirt, and other foreign matter by washing,
sweeping. scraping, or other method that will not harm the lining or pipe.
Water required for flushing shall be furnished by the Contractor. All temporary
connections for flushing and drainage shall be furnished, installed. and subsequently
removed by the Contractor.
All open ends of pipes shall be bulk-headed or plugged when workmen are not on the job
or in the immediate area to prevent rocks or other foreign matter from entering the pipe.
DS4.5
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SECTION DS5
PVC PLASTIC PRESSURE PIPE AND FITTINGS
(Cast lron Pipe Size - AWWA C-900)
5.1 SCOPE: This specification applies to the furnishing and installation of
PVC plastic pipe (cast iron pipe size), together with fittings and valves to be used with
this pipe.
5.2 PVC PLASTIC PIPE: All PVC plastic pressure pipe with integral bell and
spigot joints shall be made from clean, virgin, Type 1, Grade l, unplasticized polyvinyl
chloride (PVC) and shall meet the requirements of the latest revision of ASTM D-1784,
ASTM D-2241, and conform to the requirements set forth in the latest version of AWWA
C-900, with standard dimension ratio of l8 (Cl 150 psi) for all pipe, unless otherwise
stated. All pipe and fittings shall be NSF approved.
5.3 JOTNTS: Pipe and fitting joints shall be rubber gasket bell and spigot type
or mechanical joint. The bell shall consist of an integral wall section with a solid cross
section rubber ring which meets the requirements of ASTM n-1669, "Rubber Rings for
Asbestos Cement Pipe." The bell section shall be designed to be at least as strong as the
pipe wall.
5.4 FITTINGS: Fittings shall be short body cast iron or ductile iron, iron pipe
size for PVC application and in accordance with AWWA C-18. They shall be capable of
withstanding without bursting, hydrostatic tests of 3.0 times the rated water working
pressure. The fittings shall be furnished with mechanical, bell and spigot, or flange
joints and shall conform to the dimensions and weights given in AWWA C-I10 and
AWWA C-l I l.
5.5 SERVICE CONNECTIONS: Service connections to PVC
plastic lines shall be through O.D. controlled bronze service saddles specifically designed
for plastic pipe and as designated in Section 10 of these specifications. Reducing bushing
shall be of nylon. All drilling shall be accomplished with a core bit.
5.6 PIPE LAYNG: All PVC plastic pipe installation shall proceed on a
stable foundation, with joints closely and accurately fitted. Joints shall be clean and dry
and a joint lubricant as recornmended by the pipe supplier shall be applied uniformly to
the mating joint surfaces to facilitate easy, positive joint closure.
Pipe shall be installed with uniform bearing under the full length of the barrel, with
suitable excavations being made to receive pipe bells.
DS5.1
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Select material shall be compacted around the pipe to firmly bed the pipe in position. If
adjustment of position of a pipe length is required after being laid, it shall be removed
and rejointed as for a new pipe. When laying is not in progress the ends of the pipe shall
be closed with a tight-fitting stopper to prevent the entrance of foreign material.
Service lines and laterals must be assembled so that no strain is placed on the pipe during
or after back fill operations. After laying of the pipe is completed, it shall be center
loaded with back fill and bedding to prevent arching and whipping under pressure.
Center loading should be done carefully so that joints will be completely exposed for
examination.
In addition to the above requirements. all pipe installation shall comply with the specific
requirements of the pipe manufacturer.
5.7 GRAVEL FOIJNDATION FOR PIPE: Wherever the subgrade material
does not afford a sufficiently solid foundation to support the pipe and superimposed load,
and where groundwater must be draine4 the subgrade shall be excavated to such depth as
may be necessary and replaced with crushed rock or gravel compacted into place.
Gravel for PVC plastic pipe foundations shall be clean crushed rock or gravel lo0o/o
passing a lYz-inch screen and 5"h passing a No. 4 sieve.
5.8 PIPE BEDDING: All pipes shall be protected from lateral displacement
and possible damage resulting from impact or unbalanced loading during back filling
operations by being adequately bedded.
A groove shall be excavated in the bottom of the trench to receive the bottom quadrant of
the pipe. Before preparing the groove, the trench bottom shall be excavated or filled and
compacted to an elevation suffrciently above the grade of the pipe so that, when
completed, the pipe will be true to line and grade. Bell holes shall be excavated so that
only the barrel of the pipe receives bearing from the hench boffom.
Pipe bedding materials placed at any point below the midpoint of the pipe shall be
deposited and compacted in layers not to exceed 6 inches in uncompacted depth.
Deposition and compaction of bedding materials shall be done simultaneously and
uniformly on both sides of the pipe. Compaction shall be accomplished with hand or
mechanical compactors. All bedding materials shall be placed in the trench with hand
tools or other approved method in such a manner that they will be scattered alongside the
pipe and not dropped into the rench in compacted masses. Bedding materials shall be
loose earth, free from lumps, sand or gravel.
DS5-2
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SECTION DS6
VALVES. HYDRANTS & MISCELLANEOUS ITEMS
6. I GENERAL: This section covers valves, hydrants, and meter boxes
required, together with other miscellaneous items to be installed.
6.2 GATE VALVES: Gate valves shall conform to AWWA Specification C-
500. Valves shall be of cast iron body, bronze mounted, double disc, parallel seat, non-
rising stem design with 0-ring seals. Resilient seat gate valves may be used where
specifically authorized by the City Engineer. Resilient seat gate valves shall comply
with the latest revision of AWWA C-SOS. Unless otherwise shown or specified.valves
shall be of mechanical joint connection design for buried service or push-on joint for
PVC pipe, and flanged connection design for installation in structures. Buried valves
shall have 2 inch operating nuts, and valves in structures shall have handwheels.
6.3 VALVE BOXES: All buried valves shall be installed complete with two-
piece, cast iron, screw type, 5-ll4 inch shaft vah'e box with locking lid. Valve boxes
installed between the curb and gutter and sidewalk shall be placed in a concrete pad as
indicated on the standard drawings, and valve boxes placed in the street shall be
surrounded by a concrete ring.
6.4 FIRE HYDRANTS: Fire hydrants shall be "traffic model" type designed
to conform to AWWA Specification C-502 and shall be of either the compression or
toggle joint type. Hydrants shall be Mueller Modern Centurion A-442. Substitutions
may be made only with the approval of the City Engineer.
Hydrant valves shall be a minimum of 6-inch size Hydrants shall be supplied complete
with two 2 ll}-inchhose nozzles and one 4 l/2-inch pumper nozzle. All nozzles shall be
provided with National Standard threading. A one cubic yard gravel swap shall be
provided at each hydrant. All hydrants shall be mechanical joint end and shall be
connected to the main by means of a flanged tee and flanged by mechanical joint
auxiliary gate valve and box as shown on the standard drawings. Each hydrant shall also
be supplied with 0-ring seals, a National Standard pentagon operating nut which is
designed for clock-wise rotation closing, and a 6-inch mechanical joint inlet.
6.5 COUPLINGS: Couplings shall be equal to the product of Smith-
Blair or Dresser with cast iron couplings being used on all cast iron and asbestos cement
pipe. Couplings shall be of
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the straight, transition. or reducing stvle as required by the specific installation. All steel
fittings and bolts shall be coated with a non-oxide coating and wrapped r.vith
polvethylene.
6.6 WATER SERVICES: Pipe for water services shall be
l-inch poly pipe.
Connections of services to main lines shall be through a corporation type stop. All
connections shall be made using pack joints (compression) type fitting.
Connections to main lines shall be made as specified for the various tvpes of mainline
materials, and shall require a corporation stop as specified above.
The following table gives the maximum size for direct tapping in materials permitted.
Pipe Size
4"
6t'
8"
I0"
12"
14"
l6*
18"
IMax. Tap Size
I"
I ll4"
I t/2"
T Y;"
2"
2u
2 t/2"
I t/2"
All taps larger than those shown above must be accomplished with a tapping sleeve or
equivalent.
All connections made to existing water lines shall be done using a "wet-tap" method.
6.7 WATER METER BOXES AND LIDS :Meter boxes
and lids shall be as specified in the following paragraph and shall be installed in
accordance with the drawings at the time the subdivision is developed and are the
responsibility of the subdivider.
Meter boxes shall be round l8'inch inside diameter boxes of either concrete or
comrgated metal pipe. The lids for meter boxes shall be cast iron with a locking lid
operated by a pentagon head, and shall have l2-inch minimum opening diameter.
DS6-2
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SECTION DS7
TESTTNG AND DISINFECTION OF WATER LINES
7.1 GENERAL
outlined in this section
72 TESTING:
All water lines shall be tested, flushed and disinfected as
Tests shall be made upon completion of system installation
or any valved portion thereof. All tests shall be made at the expense of the contractor and in the
presence of the City Inspector or Engineer.
Lines shall be slowly filled with water, venting offall air. If required, taps shall be provided at line
high points to bleed offthe air, and after testing these shall be plugged. The line shall then be
prlssurized to 100 psi plus the working pressure. Air trapped in the line during test will affect test
results. This pressure shall remain steady for a period of two hours for water line approval. Tests
shall be made against the existing system where possible.
Generally, the engineer will establish the duration of the test and the allowable leakage and
indicate methods and procedures for testing. [f not, a two hour test is recommended and the
leakage allowable shall be determined by the formula:
ND./P
L:7400
L is the allowable leakage, in gallons per hour; N is the number ofjoints in the length of pipeline
tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during
the test in pounds per square inch gauge. Leakage values determined by the above formula are
shown in the table below.
Leakage Allowable (Gallons per 1000 Ft. (50 Joints)/Flr.)
I Pipe Size Test Pressure (psi)
(lnches) 50
4
6
8
ln
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.19
.29
.38
.48
.57
.27
.41
.54
.68
.81
.33
.50
66
.83
.99
.38
.57
.76
.96
l.l5
.43
.64
.85
1.07
1.28
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Consideration should be given to any valves isolating the test section. Many water works
valves are not designed for leakproof operation. I-eakage througJr these valves can distort
actual leakage figures.
7.3 FLUSHING: After both pressure testing and chlorination through
hydrants at a minimum flushing velocity of 2.5 feet per second. The following is the flow
quantify required to provide a 2.5 foot per second flushing velocity:
Pipe Size
(in.)
Flow
(gpm)
26
100
220
390
610
880
7.4 DISINFECTION: After flushins" all culinarv water
lines shall be disinfected by chlorination. Chlorinatiori shall provide a minimum of 25
oom residual after 24 hourl contact in the pipeline. This mav be erDected with an
hirplication of 50 ppm. althoush some conilifions may rectuir-e more.' Chlorine in the form
oT'a lo/o slurry of hieh-test caliium hypochlorite (HTH, Perchloron, Pittchlor, etc. which
are 70Vo available chlorine bv weiehf)'shall be feit into the pipeline in such a manner as
to mix with the water flowin-s in th'e riineline. (A lo/o slurrv -^10.000 DDm - result from
mixing one pound of calcium'hypoclildrite with 8.40 galloirs of rivater.f
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The following table provides information as to the required quantity c-f slurry to be used
per 100 feet of pipe to provide a chlorine concenfiation of 50 ppm:
Pipe Size
(in.)
t/2
2
U2
J
4
6
8
l0
t2
Vol. of 100 ft.
Length
(eal)
9.16
16.32
25.50
36.73
65.28
146.90
261.10
408. l0
587.60
Req'd Amount of lo/o Chlorine
Solution/I00 ft. of pipe
(eal.)
0.07
0.t2
0.18
0.26
0.47
1.05
1.87
2.92
4.20
During the process of chlorinating the pipeline, all valves and other pipeline
appurtenances shall be operated several times to provide sufficient contact with the
chlorinating agent. Following chlorination. the water line will be drained and thoroughly
flushed according to Section 7.03 and, if necessary, rechlorinated until a satisfactory
bacteriological test is obtained.
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SECTION DS8
CONSTRUCTION AND PLACEMENT OF THRUST BLOCKS
8.01 SCOPE: This section of the specifications defines the placement and the
construction of thrust blocks. lt also gives the mix design required for the Portland
Cement Concrete required in the consffuction of the thrust blocks.
8.02 PLACEMENT. Thrust blocks are required at points where the pipe
changes direction, such as: at all tees, elbows, wyes, caps, valves, hydrants, reducers.
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 should be
undisturbed. See drawings for typical thrust block details. The exact size and
dimensions of the required thrust blocks must be submitted to the City Engineer for
approval.
8.03 CONCRETE MIX DESIGN: The Portland Cement Concrete mixture is
five sacks of cement per cubic yard mix. The concrete mixture will have a minimum 28-
day compressive strength of 2,500 pounds per square inch.
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SECTION DS9
PORTLAND CEMENT CONCRETE
9.1 SCOPE: This section of the specifications defines materials to be used in
all Portland cement concrete work and requirements for mixing, placing. finishing, and
curing.9.2 NIATERIALS: Ivlaterials used in Poftland cement
concrete and reinforcing of Portland cement concrete shall meet the following
requirements.
a. Cement: Portland cement shall be Type II and shall comply with the
Standard Specification for Portland Cement, ASTM C-150.
b. Aggregates: Concrete aggregates shall conform to Tentative
Specifications for Concrete Aggregates, ASTM C-33.
c. Water: Water used in mixing concrete shall be clean and free from oil,
acid, salt, injurious amounts of alkali, organic nratter or other deleterious substances.
d. Entraining Agent: An air-entraining agent shall be used in all concrete
exposed to the weather. The agent shall conform to ASTM designation C-175 and C-
260.
e. Admixtures: No admixture (except calcium chloride) will be permitted
to be used in Portland cement concrete unless such use is specifically authoized by the
City Engineer. Calcium chloride shall conform to ASTM Standard Specification D-98.
f. Reinforced Steel: All bar materials used for reinforcement of concrete
shall be intermediate grade steel conforming to the requirements of ASTM Designated A-
15 and shall be deformed in accordance with ASTM Designation 4-305.
g Welded Wire Fabric: Welded wire fabric for concrete reinforcement
shall conform to the requirements of ASTM
A-185.
9.3 CONCRETE MIX: For the purpose of practical identification, concrete
has been divided into three classes:
Class A, B, and C. Basic requirements and use for each class a.re as defined below:
DS9.I
B
C
a.
b.
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Minimum
Cement
Bags
6U2
Minimum 28-Day
Comp. strength
Primary Use
4000
Class (sacks/c.v.)
A Reinforced
structural.
concrete
Sidewalks, curbs
gutters, cross
gutters, pavement
and unreinforced
footings and
foundations
Thrust blocks,
anchors, mass
concrete
3500
2500
All concrete shall also comply with the following requirements.
Aggregates: The maximum size of the aggregate shall be not larger than one-fifth
of the narrowest dimension between forms within which the concrete is to be cast,
nor larger than three fourths of the minimum clear spacing between reinforcing
bars or between reinforcing bars or forms. For unreinforced concrete slabs, the
maximum size of aggregates shall not be larger than one-fourth the slab thickness.
Water: Sufficient water shall be added to the mix to produce concrete with the
minimum practicable slump. The slump of mechanically vibrated concrete shall not
exceed four (a) inches. No concrete shall be placed with a slump in excess of five
(5) inches.
The maximum permissible water-cement ratio (including free moisture on
aggregates) shall be 5 and 5 3/4 gallons per bag of cement respectively for Class A
and B air-entrained concrete.
Air-Entraining: Air content for air-entrained concrete shall comply with the
following:
Course Aggregate
Size
(.in)
I l/2 to 2 l/2
314 or I
3/8 or ll2
Air Content
5 plus I
6 plus I
7 plus I
DS9-2
b.
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The air-entraining agent shall be added as liquid to the mixing water by
means of mechanical equipment capable of accurate measurement and
control.
d. Calcium Chloride: Calcium chloride may be added as an accelerator during
cold weather, with minimum amount being two pounds per sack of cement.
g.4 FORMS: Forms shall be substantially built and adequately braced so as to
withstand the liquid weight of concrete. All linings, studding, walling and bracing shall
be such as to prevent bulging, spreading, or loss of tnre alignment while pouring and
displacement of concrete while setting.
Metal forms shall be used for curb and gutter work except at curyes. All edge forms for
sidewalk pavements, curbs, and gutters, shall be of sufficient rigidity and adequately
braced to accurately maintain line and grade.
Forms for curved sections shall be so consffucted and placed that the finish surface of
walls and edge of sidewalks, curbs and guffers will not deviate appreciably from the arc
of the curve.
Exposed vertical and horizontal edges of the concrete in structures shall be chamfered by
the placing of molding in the forms.
9.5 JOINTS: Joints shall be provided for sidewalk and curb and gutter as
follows:
Sidewalks: Shall have scribed joints at intervals of 4 feet which
joints shall be approximately 3116" wide and be approximately l/3
of the total slab thickness. In addition, ll2 inch expansion joints
shall be provided at 32-foot intervals and at locations where
sidewalks adjoin curbs or existing sidewalks. Slabs shall be ruled at
4-foot intervals.
Curb and Cuffer: Shall be cut into lengths of l0 feet by the use of
l/8-inch steel division plates of the exact cross section of the curb
and gutter or shall be scribed when installed by a lay down machine.
Also, l/2-inch expansion joints shall be provided at curb and gutter
radii, where the curb and gutter abuts a solid object and at intervals
not to exceed 50 feet, unless otherwise specified by the City
Engineer.
DS9-3
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Material for l/2-inch expansion Joints shall be as defined in AASHTO
M-33, and shall be installed with its top approximately l/4-inch below the
concrete surface.
9.6 REINFORCEMENT AND EMBEDDED ITEMS: Reinforcing steel shall
be clean and free from rusq scale, paint, grease, or other foreign matter which might
impair the bond. It shall be accurately bent and shall be tied to prevent displacement
when concrete is poured. Reinforcing steel shall be held in place by only metal or
concrete ties, braces and supports. No steel shall extend from or be visible on any
finished surface.
The contractor shall use concrete chairs for holding the steel away from the subgrade, and
spreader or other type bars for securing the steel in place. The spreader bars shall be not
less than 3/A-inch in diameter.
9.7 PREPARATIONS: Before batching and placing concrete. all equipment for
mixing and transporting the concrete shall be cleaned, all debris and ice shall he removed
from the places to be occupied by the concrete, forms shall be thoroughly weffed (except
in freezing weather) or oiled, and masonry filler units that will be in contact with
concrete shall be well drenched (except in freezing weather), and the reinforcements shall
be thoroughly cleaned of ice or other coatings. water shall be removed from spaces to
receive concrete.
When placing concrete on earth surfaces, the surfaces shall be free from frost, ice, mud,
and water. When the subgrade surface is dry soil or pervious material, it shall be sprayed
with water immediately before placing of concrete or shall be covered with waterproof
sheathing paper or a plastic membrane. No concrete shall he placed until the surfaces
have been inspected and approved by the City Inspector.
9.8 CONCRETE MIXING: The concrete shall be mixed until there is a
uniform distribution of the materials. Sufficient water shall be used in mixing concrete
to produce a mixture which will flatten and quake when deposited in place, but not
enough to cause it to flow. sufficient water shall be used in concrete in which
reinforcement is to be embedded, to produce a mixture which will flow sluggishly when
worked and which. at the same time, can be conveyed from the mixer to the forms
without separation of the coa.rse aggregate from the mortar. In no case shall the quantity
of water used be sufficient to cause the collection of a surplus in the forms or exceed the
maximum allowable slump.
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DS9-4
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Ready-mixed concrete shall be mixed and delivered in accordance with the requirements
set forth in Tentative specifications for Heavy-Mixed Concrete (ASTM C-95). Concrete
shall be delivered and deposited in its final position within 90 minutes after adding the
cement and water to the mixture.
g.g DEPOSITING: Concrete shall be deposited as nearly as practical in its
final position to avoid segregation due to rehandling or flowing. The concrete placing
shall be carried on at such a rate that the concrete is at all times plastic and flows readily
into the corners of forms and reinforcing bars. No concrete that has partially hardened or
been contaminated by foreign material shall be deposited in the work, nor shall
retempered concrete be used. No concrete shall be dropped more than 3 feet.
All concrete in structures shall be vibrator compacted during the operation of placing, and
shall be thoroughly worked around reinforcement and embedded fixtures and into the
corners of the forms.
9.IO PLACING CONCRETE TN COLD WEATHER. No concrete shAII bC
poured where the air temperature is lower than 40 degrees Fahrenheit, at a location where
the concrete cannot be covered or protected from the surrounding air. When concrete is
poured below a temperature of 35 degrees Fahrenheit the ingredients of the concrete shall
be heated so that the temperature of the mixture shall not be less than 50 degrees or more
than 100 degrees Fahrenheit. Cement shall not be added while the temperature of the
mixed aggregates and water is greater than 100 degrees Fahrenheit. when there is
likelihood of freezing during the curing period, the concrete shall be protected by means
of an insulating covering and/or heating to prevent freezing of the concrete for a period of
not less than 10 days after placing. Concrete shall not be placed on frozen soil.
Equipment for protecting concrete from freezing shall be available at the job site prior to
placing concrete. particular care shall be exercised to protect edges and exposed corners
from freezing. In the event heating is employed, care shall be taken to insure that no part
of the concrete becomes dried out or is heated to temperatures above 90D F. The
housing, covering, or other protection used shall remain in place and intact at least 24
hours after the artificial heating is discontinued. Combustion heaters shall not be used
during the fust 24 hours unless precautions are taken to prevent exposure of the concrete
to exhaust gases which contain carbon dioxide.
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DS9.5
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9.1I FINISHING: After the concrete for slabs has been brought to the
established grade and screened it shall be worked with a magnesium float and then given
a light broom finish. In no case shall dry cement or a mixture of dry cement and sand be
sprinkled on the surface to absorb moisture or hasten hardening. Surface edges of all
slabs shall be rounded to a radius of l/2 inch.
After concrete has been poured in curb and gutter forms it shall be puddled and spaded so
as to insure a thorough mixture, eliminate air pockets, and create uniform and smooth
sides. Before the concrete has thoroughly set, and while the concrete is still green the
forms shall be removed and the front and top sides shall be finished with a flat or steel
trowel to make a uniform finished surface. Wherever corners are to be rounded, special
steel trowels shall be used while the concrete is workable and the corners consffucted to
the dimensions specified.
The top and face of the curb and also the top of the apron on combined curb and gutter
must be finished true to line and grade and without any inegularities of surface noticeable
to the eye. The gutter shall not hold water to a depth of more than one fourth (1/4) of an
inch, nor shall any portion of the surface or face of the curb or gutter depart more than
one-fourth Ql$ of an inch from a straight edge in ten (10) feet length, placed on the curb
paratlel to the centerline of the street nor shall any part of the exposed surface present a
wavy appearance.
9.12 CUzuNG AND PROTECTION: As soon as the concrete has hardened
sufficiently to prevent damage, the finished surface shall be protected for curing one of
the following ways:
a. Ponding of water on the surface or continuous sprinkling.
b. Application of absorptive mats such as 3-inch of cured hay, clean
straw or fabric kept continuously wet.
c. Application of two inches of moist earth or sand uniformly
distributed on the surface and kept saturated by spraying with water.
d. Application of light colored waterproof plastic materials, conforming
to "Specifications for Waterproof Sheet Materials for Curing
Concrete" ASTM C-171, placed and maintained in contact with the
surface of the concrete.
DS9-6
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e. Application of a curing compound, conforming to "Specifications for
Liquid Membrane - Forming compounds for Curing Concrete" ASTM C-
309. The compound shall be light in color and shall be applied in
accordance with the manufacturers recommendations immediately after any
water sheen, which may develop after finishing has disappeared from the
concrete surface.
The fi'eshly finished surface shall be protected from hot sun and drying winds until it can be
sprinkled or covered as above specified. The concrete surface must not be damaged or pitted byrain. The contractor shall provide and use, when necessary, sufficient tarpaulins to completely
cover all sections that have been placed within the preceding ( l2) hours.
The contractor shall erect and maintain suitable barriers to protect the finished surface. Any
section damaged from trafffic or other causes occurring prior to its official acceptance, shall be
repaired or replaced by the contractor at his own expense in a manner satisfactory to the City
Engineer.
DS9.7
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Section DSl0
Manholes
l0.l GENERAL: This section covers the requirements for the manhole
materials and installation.
10.2 CONCRETE BASES: Manhole bases may be either precast or cast-in
place unless otherwise specified. Precast manhole bases shall have pipe inverts, a
neoprene boot with strap for each pipe connecting to the manhole, and a minimum of six
inches of compacted gravel base under the manhole. Cast in place pipe connections may
also be utilized as outlined on the drawings.
Where sewer lines enter manholes, the invert channels shall be smooth and semicircular
in cross section, conforming to the details shown on the drawings. Changes of direction
of flows within the manholes shall be made with a smooth curve with as long a radius as
possible. The floor of the manhole outside the channels shall be smooth and the slope
toward the channel at not less that lz inch per foot.
The connecting boots shall be made of neoprene compound meeting ASTM C-443
Specifications. The boot shall have a wall thickness of 3/8 inch. The boot shall either be
"cast-in-place" in the precast base or attached to the precast base by means of an internal
expanding band, a watertight seal between the boot and the precast base must be
accomplished.
An external band shall be supplied and used to clamp and seal the boot to the pipe. The
band shall be made or 300 series non-magnetic corrosion-resistant steel. After the band
has been placed it shall be completely coated with a bituminous material approved by the
Engineer.
All manholes with three or more pipes entering the base or pipes larger than 30 inches in
diameter shall be 60-inch inside diameter; all others shall be 48-inch inside diameter.
Concrete for the manhole bases shall comply with the requirements of Section 9 of these
specifications.
10.3 WALL AND CONE SECTIONS: All manholes shall be precas!
sectional, reinforced concrete pipe of either 48 or 60 inch I.D., as specified. Both
cylindrical and taper sections shall conform to all requirements of ASTM Designation C-
76 for Reinforced Concrete Culvert Pipe with the following exceptions:
DS 10- 1
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(a) The throat section of the manhole shall be adjustable. by use of pipe
sections, up to l8 inches in height.
(b) The taper section shall be a maximum of three feet in height, shall be of
eccentric conical design, and shall taper uniformly to 30 inches inside diameter.
(c) The pipe used in the base section shall be furnished in section lengths of 1,2,
3, and 4 feet as required.
(d) Reinforcing steel shall consist of a circular uage with a minimum cross
sectional alea of 0.25 square inch of steel per foot for cylindrical sections and 0.20 square
inch per foot for cone sections.
All joint surfaces of precast sections and the face of the manhole base shall be thoroughly
cleaned and wet prior to setting precast sections. Joints shall be set in mortar consisting
of I part cement and I ttiparts sand with sufficient water added to bring the mixture to
workable consistency.
Bituminous jointing material may be used in lieu of cement mortar and shall be installed
in accordance with manufacturer's recommendations. All joints shall be watertight and
free from appreciable irregularities in the interior wall surface.
10.4 IRON CASTINGS: All iron castings shall conform to the requirements of
ASTM Designation A-48 (Class 30) for grey iron castings.
Rings and covers shall be 30" diameter as supplied in "D&L Supply" Model A-l l8l or
an approved equal. Each cover shall contain one (l) pick hole but shall not contain air
vent holes. The cover shall be marked "SEWER, or "STORM DRAIN "," as appropriate.
All manhole rings shall be carefully set to the grade shown on the Drawings or as
directed by the City Engineer. Manholes placed in asphalt surfacing shall be flush with
the existing pavement.
10.5 MANHOLE STEPS: All sanitary sewer and storm drain manholes over six
feet in depth shall be provided with manhole steps as shown on the drawings. All steps
shall be securely grouted into the wall section and shall be water tight. Steps shalt be
uniformly spaced at l'-0u maximum and shall be polypropylene covered steel steps,
Model PSI-PF as manufactured by "M.A. lndustries" or an approved equal.
DSl0-2
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SECTION DS 11
TABLET FEED CHLORINATOR
GENERAL
Ll..0l. DESCRIPTION: This section describes the tablet feedchlorinator skid that wiII privide a chlorine solution for feedinto the process for disinfection.
The chlorine solution shall be batch-generated at a fixed oradjustable solution strength on demand, via permissive contactwith calcium hypochlorite tablets, activated by the systemcontrols. Upon system initiation, the vortex mlxing system anddosing pump shall be simultaneously activated introducing aconcentrated chlorine solution into the process stream. After apre-set amount of time, the inlet solenoid valve shall open,allowing fresh make-up water to enter the mixing reservoir.
Batches of chlorine solution shall be made while the system
dosing punp continues to operate. When the system cycles off,water shall drain off from the calcium hypochlorite tablets.
The solution strength shall be easiily adjusted from 0 to 0.25%with an adjustable speed control knob. A positive displacement,
balanced diaphragm pump. driven by a variable speed 90 VDCmotor, sha}l deliver the solution at a rate proportional to plantflow, via 4-20 milliamp input signal from a plant flow meter.
1t.02 QUALrTY CONTROL:
A. Manufacturer's Qualifications. The ContractorshalI privide skid mounted equipment furnishedby a single manufacturer who is qualified andexperienced in the production of the equipmentin this specification section.
B. Start-up Assistance. The Contractor shall pro-vide the services of a competent factoryrepresentative familiar with the operation ofthe tablet feed type chlorination equipment,on site for one day. The factory represent-ative shall provide start up assistance andoperator training.
ll..03 SHOP DRAWINGS AND SUBMITTALS: Complete fabricationfoundation and installation drawings, together with detailedspecifications and testing data covering material used, assembly,parts, devices and other accessories forming a part of theequipment, shall be furnished. Operations and maintenance
manuals shall be submitted in accordance with the submittalssection. The data and specifications for each unit shallinclude, but not be limited to, the following:
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Name of manufacturer.
Type and model.
Submittal drawing showi.ng equipmentdimensions, arran€lement and placement.
Drawings indicating equipment assembly andplumbing connections.
A statement by the equipment manufacturerIisting any deviations or exceptions takento these specifications with reason statedfor the exception.
Operation nd maintenance manual withinstallation instructions and recommendedspare parts.
Calculations and data showing sizing andpressure rating of metering pumps, checkvalves, etc.
Product warranty information.
MATERIALS
L1.04 EOUTPMENT:
A. Hammonds Tablet Feed Chlorination Systemdesigned to use only calcium hypochloritetablets with scale inhibitor. The systemshall come equipped with standard featuresas follows:
1. Hammonds Magnetically Driven Chemical Eroder- 12" Diarneter Tablet Canister with B0lbs capacity- PVC Construction- 90VDC L/2O Hp Variable Speed Motor- 1l.5VAC Motor Controller
2. Mixing Reservoir- HDPE Construction
3. 22 Gallon Capacity Solution Tank- HDPE Construction
A.
B.
c.
D.
E.
G.
H.
F.
6.
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5.
Variable Drive Dosing pump
- 0-30 GPM Discharge Flow- Fluid End: polypropylene
- Valves: Hasteloy/Ceramic- Diaphragm: Viton- 90VDC Variable Speed I/3 Hp TEFC Motor- lL5VAC Motor Controller
4GPM Flow Regutator- Installed System In-flow- Schedule 80 pVC Construction
System Frame- Hot-dipped, Zinc-galvanized Angle-iron- Frame Foot Print: 23 7 /8" W x 40" L
7. NEMA -4X Electrical Enclosure- Latching Relay- Remote Start Relay, Factory Installed onFront panel
- 110VAC Incoming power
- Dosing pump Rate Motor Controller
8. Tab Saver Chemical Stabilization System- NEMA-4X Fan Enclosure- Axial Fan Installed in an 6" x 5" x 6uEnclosure- pVC Hose and Connections- PVC Vent Connection in Mixing Chamber WalI
9. Plumbing- Pump Suction: Ny1on Reinforced Clear pVC- Pump Discharge: Nylon Reinforced Clear pVC- Schedule B0 pVC Bulkheads- Schedule 80 pVC Float Valve, With EpoxyCoated Rod and 6" Float- Schedule 80 pVC Solution Tank ptumbing
10. Alr components shalr Be Factory skid Mountedand Tested
11-0 MANUFACTURER: Hammonds Moder HTSgop or equal
11.05 INSTALLATION: The Contractor shall instalI, wire andconnect chlorination equipment in accordance with the equipmentmanufacturer's recommendations. The chlorination lines shall berouted as shown on the plans to the point of injection. Arlother safety reconmendations of the manufacturei must Iikewisebe compried with to insure safe calcium hypochrorite handringand equipment operation.
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The Contractor shall level the chlorinator skid uponj"nstallation by means of an integrally installed level indicator.
].1 .06 OPERATING CONDITIONS
A. Delivery Specifications
1.
2.
3.
Chlorine Dosage: 0-2.0 lbs/hrOutput Flow Rate: 0-3.0 GPMOperating Pressures:- Inlet. 20-60 PSI (PRV required if
above 60 PSI )- Injection: 0-250 PSISolution Strength: 0-0.25% AdjustableDuty Cycle: Intermittent or ContinuousPower: 110 VAC
Fresh Water Requirement: Minimum 8 GPM
@ 30 PSr
4.
5.
6.
7.
11.07 STARTUP AND TESTING:Proper operation of the
equipment including all safety features and interlocks shall bedemonstrated in the presence of the Owner and the Engineer.
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Scction DS l2
ASPHALT PAVING
I2.l GENERAL: This section covers the requirements for bituminous surface
paving on roads. All streets shall be surfaced in accordance with the following, unless
otherwise specified by the City Engineer.
Streets
a.6-inch minimum crushed gravel base course over the prepared
subgrade.
2 %-inch minimum compacted thickness plant mix asphalt surfacing
on streets.
12.2 BASE COURSE: Base for all streets shall consist of select material.
either natural or crushed, and shall be graded as follows:
b.
Sieve Size
I inch
Yz inch
No. 4
No. l6 sieve
No. 200 sieve
Percent Passing
100
79-9r
49-61
27-35
7.TT
The material shall be deposited and spread in a uniform layer, without segregation of
size, with such depth that when compacted the layer will have the required thickness as
stated above.
Each layer shall be compacted for the full width and depth. Alternate blading and rolling
will be required to provide a smooth even and uniformly compacted course true to cross
section and grade. Places inaccessible to rolling shall be compacted with mechanically
operated hand tampered.
The gravel base shall be compacted to not less than 960/omaximum dry density as
determined by ASSHTO T-180. Surfaces shall be true to the established grade with
thickness being not less than l/4-inch from the required layer thickness and with the
surface elevation varying not more than 3/8-inch in ten feet from the true profile and
cross section.
DS12-1
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12.3 BITUMINOUS SURFACE COURSE: Over the dry, dust-free compacted
base course the contractor shall place and compact a bituminous surface course. A prime
coat of MC 70-250 bituminous material shall be applied to the untreated base course
materials at the rate of 0.25 gallons per square ytrd, if it is determined by the City
Inspector that a prime coat is required to bind the surface of the untreated base course.
The surface course shall consist of a mixture of mineral aggregate and binder. Gradation
of aggregate shall conform to the following:
Sieve Size
314-inch
3/8-inch
No.4
No. 16
No. 50
No. 200
Percent Passing
100
69-91
42-58
t7-31
9-21
4-8
The contractor shall establish a mix gradation, and the amount of bituminous material
shall be subject to the approval of the City Engineer and shall meet the requirements of
the gradation selected. Regardless of the bituminous content, there shall not be more than
35 voids in the aggregate.
12.4 SPREADING AND COMPACTION: The bituminous mixtures shall be spread
with self-propelled mechanical spreading and conditioning equipment capable of
distributing at least l2-foot width. The mixture shall be spread and struck offin such a
manner that the finished surface shall result in a uniform smooth surface. The
longitudinal joints in succeeding courses shall be oft-set at least 6-inches transversely to
avoid a vertical joint through more than one course.
The temperature of the bituminous mix shall be between 2500" F. and 325" F. when
placing.
After the mixture has been spread, the surface shall be rolled in longitudinal direction
commencing at the outside edge or lower side and preceding to the higher side. Each
pass of the roller shall overlap the preceding pass at least one-half the width of the roller.
Rolling shall continue until 95o/o of the laboratory density as determined in accordance
with ASTM Designation D-1559 for the bituminous mixture being used has been
obtained.
Rolting operations shall be conducted in such a manner that shoving or distortion will not
develop beneath the roller.
DSl2-2
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The surface of the pavement, after compaction, shall be uniform and tnre to the
establishment grade. When tested with a ten (10) foot straight edge placed on the surface
of the pavement, at any point, the edge shall not deviate from the lower edge of the
straight edge by more than one-eighth of an inch. All high and low spots shall be
remedied immediately by removing the wearing course material over the affected areas
and replacing it with fresh, hot wearing course and surface finish material and
immediately compacting it to conform with surrounding area.
It is the responsibility of the contractor to control traffic. All traffic shall be kept off the
completed surface for a minimum period of 24 hours.
12.5 WEATHER LIMITATIONS: No bituminous surface course shall be
placed when the temperature of the air or road bed is 50' F. or below, during rainy
weather, when the base is wet. Or during other unfavorable weather conditions as
determined by the City tnspector. The air temperature shall be measured in the shade.
12.6 BITUMINOUS SEAL COAT: At the end of the guarantee period and
before the bond is released, a bituminous seal coat shall be applied to the existing asphalt
surface under the direction of the city.
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SECTION DS I3
DRAINAGE AND IRRIGATION DITCHES
13. I GENERAL: This section covers the requirements for trenching and
building drainage ditches and irrigation ditches. It also covers the rebuilding of existing
ditches that have been disturbed.
13.2 EXCAVATION: The trenches shall be excavated to the depth and widths
required to accommodate the run offflow of roads, driveways etc-, or the transfer of
irrigation water from one property to another without loss of volume. All trenches shall
be compacted with clay or bentonite lined, then lined and compacted with bacldill
conforming to the details shown on the drawings. The same applies to existing ditches
that have been disturbed.
13.3 REQUIREMENTS FOR LINE AND GRADE. All trenches
shall be built accurately to the defined line and grade to assure an even and constant flow
through the ditch.
13.4 REPAIR OF DISTURBED DITCHES. All ditches that have been
disturbed, cut through, dug under for whatever reason shall be repaired that day. No
ditch can be left out of order overnight due to water turns.
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SECTION DS 14
RESTORATION OF SURFACE IMPROVEMENTS
l4.l GENERAL: The contractor shall be responsible for the protection and the
restoration or replacement of any improvements existing on public or private property at
the start of work or placed there during the progress of work.
Existing improvements shall include but are not limited to permanent surfacing, curbs,
ditches, driveways. culverts, fences, and walls. All improvements shall be reconstructed
to equal or better, in all respects, than the existing improvements removed.
14.2 GRAVEL SURFACE: Where trenches are excavated through gravel-
surfaced areas such as roads and shoulders, parking areas, unpaved driveways, etc., the
gravel surface shall be restored and maintained as follows:
a. The gravel shall be placed deep enough to provide a minimum of six
inches of material.
The gravel shall be placed in the trench at the time it is back filled.
The surface shall be maintained by blading, sprinkling, rolling,
adding gravel, etc., to maintain a safe, uniform surface satisfactory
to the city Inspector. Excess material shall be removed from the
premises Immediately.
Material for use on gravel surfaces shall be obtained from sound,
tough, durable gravel or rock meeting the following requirements for
grading:
b.
c.
Passing l-inch sieve
Passing Ll2-inch sieve
Passing No. 4 sieve
Passing No. 16 sieve
Passing No. 200 sieve
14.3 BITUMINOUS SURFACE:
1000
79-gtoh
49-6lyo
27-35Yo
7-llo/o
Where trenches are excavated through
bituminous surfaced roads, driveways, parking areas, etc., the surface shall be cut,
restored and maintained as follows:
All existing asphalt surfaces shall be cut to a square edge before
excavation.
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b. A temporary gravel surface shall be placed and maintained as required
after the backfill and compaction of the trench has been accomplished.
c. The gravel shall be placed to such depth as to provide six inches below
the pavement and shall be brought flush with the paved surface.
d. The area over trenches to be resurfaced shall be graded and rolled with
a roller weighing not less than l2 tons, or with the rear wheels of a five-
yard tmck loaded to capacity, until the subgrade is firm and unyielding.
Mud or other soft or spongy material shall be removed and the void filled
with gravel and rolled and tamped thoroughly in layers not exceeding six
inches in thickness. The edges of trenches which are broken down during
the making of subgrade shall be removed and trimmed neatly before
resurfacing.
e. Before any permanent resurfacing is placed, the contractor shall trim
the existing paving to clean, sraight lines as nearly parallel to the centerline
of the trench as practicable. Said straight lines shall be thirty feet minimum
length and no deviations from such lines shall be made except as
specifically permitted by the City tnspector.
f. Existing bituminous paving shall be cut back a minimum of six inches
beyond the limits of any excavation or cave-in along the ffench so that the
edges of the new paving will rest on at least six inches of undisturbed soil.
g. As soon as is practical, weather permitting, the bituminous surface
shall be restored by standard paving practices to a minimum thickness of
two inches. The new bituminous strrface shall extend at least six inches
past the edges of the trench excavation and shall be "feathered" to match
the existing pavement.
h. Pavement restoration shall include priming of pavement of edges and
sub-base with Type MC-70 bituminous material and placing rolling plant
hot mix bituminous material to the level of the adjacent pavement surfaces.
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