BANK AND STREAMBED STABILIZATION FOR THE CITY OF ...

PROJECT MANUAL

DOCUMENTS AND SPECIFICATIONS

BANK AND STREAMBED STABILIZATION

FOR THE

CITY OF GERMANTOWN, TENNESSEE

CDBG – DISASTER RECOVERY PROJECT

CONTRACT # 56217

OWNER

City of Germantown

1930 South Germantown Road

Germantown, Tennessee 38138

(901) 755-7166

ENGINEER

Barge Design Solutions, Inc

60 Germantown Court

Suite 100

Memphis, Tennessee 38018

(901) 757-7200

FILE NO.: 34399-13

DATE: September 2019

JAWard

Image

TABLE OF CONTENTS 09/11/19 TOC-1

TABLE OF CONTENTS

Section Title DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 01 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FRONT END DOCUMENTS

1 ADVERTISEMENT FOR BID 2 INFORMATION FOR BIDDERS 7 BID BOND FORM 9 BID FOR UNIT PRICE CONTRACTS 15 CERTIFICATION OF BIDDER REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION 16 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT

OPPORTUNITY 17 CERTIFICATION OF BIDDER REGARDING USE OF

FEMALE/MINORITY SUBCONTRACTORS 18 CERTIFICATION OF BIDDER REGARDING SECTION 3 AND

SEGREGATED FACILITIES 19 DRUG-FREE WORKPLACE AFFIDAVIT 20 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING

EQUAL EMPLOYMENT 21 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING

SECTION 3 AND SEGREGATED FACILITIES 22 STATEMENT OF COMPLIANCE CERTIFICATE ILLEGAL IMMIGRANTS 23 IRAN DIVESTMENT ACT 27 WAGE DETERMINATION 34 AGREEMENT 36 BONDING AND INSURANCE REQUIREMENTS 37 CERTIFICATE OF OWNER’S ATTORNEY 00 61 13.13 PERFORMANCE BOND 00 61 13.16 PAYMENT BOND 00 72 00 CDBG PROGRAM GENERAL & SUPPLEMENTARY CONDITIONS 1 GENERAL CONDITIONS 38 SUPPLEMENTARY CONDITIONS 71 PROJECT SIGN

DIVISION 01: GENERAL REQUIREMENTS 01 11 00 SUMMARY OF WORK 01 22 00 UNIT PRICE MEASUREMENT AND PAYMENT

01 26 20 WEATHER DELAYS 01 29 00 PAYMENT PROCEDURES 01 29 01 CHANGE ORDER PROCEDURES 01 31 00 PROJECT MANAGEMENT AND COORDINATION 01 31 19 PROJECT MEETINGS 01 32 16 CONSTRUCTION SCHEDULES 01 32 33 CONSTRUCTION PHOTOS 01 33 00 SUBMITTAL PROCEDURES 01 35 00 UNIQUE REQUIREMENTS 01 40 00 QUALITY REQUIREMENTS


01 42 00 CODES AND STANDARDS 01 45 29 LABS AND TESTING 01 51 43 TEMPORARY DIVERSION SYSTEM 01 56 00 TEMPORARY BARRIERS AND ENCLOSURES 01 56 16 DUST CONTROL 01 57 13 EROSION AND SEDIMENTATION CONTROL 01 57 23 NPDES – STORM WATER DISCHARGES 01 65 00 PRODUCT DELIVERY REQUIREMENTS 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS

01 71 23 CONSTRUCTION STAKEOUT 01 74 00 CLEANING AND WASTE MANAGEMENT 01 77 00 CLOSEOUT PROCEDURES

01 78 36 WARRANTIES AND BONDS 01 78 39 PROJECT RECORD DOCUMENTS DIVISION 02: EXISTING CONDITIONS 02 41 00 DEMOLITION

DIVISION 31: EARTHWORK 31 11 00 CLEARING AND GRUBBING 31 20 00 EARTHWORK 31 23 19 DEWATERING 31 24 00 EMBANKMENTS 31 32 01 WOVEN COIR FABRIC 31 37 00 RIP RAP 31 41 11 METAL SHEET PILING

DIVISION 32: EXTERIOR IMPROVEMENTS 32 12 43 GRASS PAVERS 32 16 00 CONCRETE SIDEWALKS AND CURBS AND GUTTERS 32 31 13 PVC COATED GALVANIZED CHAIN LINK FENCES AND GATES 32 92 19 SEEDING 32 94 00 LANDSCAPING

DIVISION 35: WATERWAY AND MARINE CONSTRUCTION 35 31 19 ARTICULATING CONCRETE BLOCK MAT

35 43 00 TURF REINFORCED MAT INDEX OF DRAWINGS AND REPORTS

GEOTECHNICAL REPORTS JULY 18, 2018 - SHEET PILE WEIR GEOTECHNICAL INVESTICATION

NOVEMBER 30, 2018 - HAUL ROAD GEOTECHNICAL INVESTICATION

LATERAL D CHANNEL STABILIZATION G0.01 COVER SHEET

C0.01 PROPERTY MAP C0.02 CONSTRUCTION NOTES C1.01 EXISTING CONDITIONS C2.01 SITE PLAN C2.41 PHASE I EROSION CONTROL PLAN C2.51 PHASE II EROSION CONTROL PLAN C7.01 CIVIL DETAILS


LATERAL G CHANNEL STABILIZATION / GRADE CONTROL G0.01 COVER SHEET C0.01 PROPERTY MAP C0.02 CONSTRUCTION NOTES C1.01 EXISTING CONDITIONS C2.01 SITE PLAN C2.41 PHASE I EROSION CONTROL PLAN C2.51 PHASE II EROSION CONTROL PLAN C7.01 CIVIL DETAILS C7.02 CIVIL DETAILS C7.03 CIVIL DETAILS C7.04 CIVIL DETAILS C7.21 EROSION CONTROL PLAN DETAILS C7.22 PLANTING PLAN DETAILS

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ADVERTISEMENT FOR BIDS

Project No. 56217

City of Germantown, TN (Owner) Separate sealed bids for the City of Germantown for the City of Germantown Bank and Streambed Stabilization will be received by the City of Germantown at the Development office of the City of Germantown located at 1920 S. Germantown Road, Germantown, TN 38138 until 2:00 o'clock p.m., C.S.T. October 4, 2019, and then at said office publicly opened and read aloud. Prebid Conference will be on September 19, 2019 at 2:00 p.m. at City of Germantown at the Development office of the City of Germantown located at 1920 S. Germantown Road, Germantown, TN 38138. Cutoff for all questions to the Project Engineer, Trevor Cropp by September 26, 2019 at 12:00 p.m. NO EXCEPTIONS. Questions shall be emailed to [email protected].

The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following: Barge Design Solutions, 60 Germantown Ct. Ste. 100 Cordova, TN 38018

Copies may be obtained at the office Barge Design Solutions located at 60 Germantown Ct., Ste. 100 Cordova, TN 38018 upon payment of $ 100.00 for each set. Make checks payable to Barge Design Solutions. No refunds will be issued.

The owner reserves the right to waive any informalities or to reject any or all bids.

Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders.

All bidders must be licensed General Contractors as required by the Contractor's Licensing Act of 1994 of the General Assembly of the State of Tennessee, and qualified for the type of construction being bid upon.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract, Section 3, Segregated Facility, Section 109 and E.O. 11246.

No bidder may withdraw his bid within 60 days after the actual date of the opening thereof. 9/12/19 (Date) Mayor Mike Palazzolo

mailto:[email protected]

INFORMATION FOR BIDDERS

1. Receipt and Opening of Bids

The _________________________ (herein called the "Owner), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of _____________________________ until _______ o'clock A.M./P.M., C.S.T/E.S.T, ___________________, 20____, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to _________________________ at _____________________________________________ and designated as bid for __________________________________________________________.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the actual date of the opening thereof.

2. Preparation of Bid:

Each bid must be submitted on the prescribed form and accompanied by Certification of Bidder Regarding Equal Employment Opportunity, Certification of Bidder Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Certification of Bidder Regarding Section 3 and Segregated Facilities, and Drug-Free Workplace Affidavit. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certifications must be fully completed and executed when submitted.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, the name of the project for which the bid is submitted, license number, expiration date thereof, and license classification of the contractors applying to bid for the prime contract, and for the electrical, plumbing, heating, ventilation, and air conditioning contracts, and all other information required by State law..

All bidders must be licensed General Contractors as required by the Contractor's Licensing Act of 1994 of the General Assembly of the State of Tennessee, and qualified for the type of construction being bid upon. Each bidder shall write on the outside of the envelope containing its bid: 1) its Contractor's license number; 2) that part of the classification applying to the bid. If this is not done, the bid will not be opened.

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City of Germantown

Germantown City Hall 2:00October 11 19

Mayor Mike Palazzolo1930 South Germantown Rd, Germantown, TN 38138

City of Germantown Bank and Streambed Stabilization

3. Subcontracts:

The bidder is specifically advised that any person, for, or other party to whom it is proposed to award a subcontract under this contract:

a. Must be acceptable to the owner; and

b. Must submit Certification by Proposed Subcontractor Regarding Equal Employment Opportunity, and Certification of Proposed SubcontractorRegarding Section 3 and Segregated Facilities. Approval of theproposed subcontract award cannot be given by the owner unless and until the proposed subcontractor has submitted the Certificationsand/or other evidence showing that it has fully complied with anyreporting requirements to which it is or was subject.

Although the bidder is not required to attach such Certifications by proposed subcontractors to his/her bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards.

4. Telegraphic Modification:

Any bidder may modify his/her bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification.

5. Method of Bidding:

The Owner invites the following bid(s):

6. Qualification of Bidder:

The Owner may make such investigations as s/he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

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Unit Price Bid

7. Bid Security:

Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached thereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 60 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he/she has not been notified of the acceptance of his/her bid.

8. Liquidated Damages for Failure to Enter into Contract:

The successful bidder, upon his/her failure to refusal to execute and deliver the contract and bonds required within 10 days after she/he has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid.

9. Time of Completion and Liquidated Damages:

Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within ________ consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $____________ for each consecutive calendar day thereafter as hereinafter provided in the Supplemental General Conditions.

10. Condition of Work:

Each bidder must inform him/herself fully of the conditions relating to the construction of the project and the employment of labor thereof. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible, the contractor, in carrying out the work, must employ such methods as will not cause any interruption of or interference with the work of any other contractor.

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90 500.00

11. Addenda and Interpretations:

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

Every request for such interpretation should be in writing addressed to

__________________________________ at ___________________________ and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested or emailed to all prospective bidders (at the respective addresses furnished for such purposes), not later than two days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All addenda so issued shall become part of the contract documents.

12. Security for Faithful Performance:

Simultaneously with his/her delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner.

13. Power of Attorney:

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

14. Notice of Special Conditions:

Attention is particularly called to those parts of the contract documents and specifications which deal with the following: a. Inspection and testing of materials.b. Insurance requirements.c. Wage rates.d. Stated allowances.

15. Laws and Regulations:

The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

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Trevor Cropp, P.E. Barge Design Solutions

16. Method of Award - Lowest Qualified Bidder:

After receiving bids and determining the amount of funds estimated by the OWNER as available to finance the contract, the OWNER will award the contract to the lowest responsible bidder. The lowest responsible bidder will be determined upon the basis of the lowest base bid or lowest base bid combined with alternates (additive or deductive). If the contract is to be awarded based on the lowest base bid with alternates, alternates will be accepted in the numerical order in which they are listed in the Form of Bid.

17. Obligation of Bidder:

At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his/her bid.

18. Safety Standards and Accident Prevention: With respect to all work performedunder this contract, the Contractor shall:

a. Comply with the safety standards provisions of applicable laws,building and construction codes and the "Manual of AccidentPrevention in Construction" published by the Associated GeneralContractors of America, the requirements of the Occupational Safetyand Health Act of 1970 (Public Law 91-596), and the requirements ofTitle 29 of the Code of Federal Regulations, Section 1518 aspublished in the "Federal Register", Volume 36, No. 75, Saturday,April 17, 1971.

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

c. Maintain at his/her office or other well known place at the job site, allarticles necessary for giving first aid to the injured, and shall makestanding arrangements for the immediate removal to a hospital or adoctor's care of persons (including employees), who may be injuredon the job site. In no case shall employees be permitted to work at ajob site before the employer has made a standing arrangement forremoval of injured persons to a hospital or a doctor's care.

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ______________ _____________________________________________________________________ as Principal, and ________________________________________________________ as Surety, are hereby held and firmly bound unto ______________________________ as owner in the penal sum of _________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this _________ day of ___________________________, 20____.

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 enter into a contract in writing for the

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate.

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The surety for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

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City of Germantown


IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hand and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.) Principal

Surety SEAL By:

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BID FOR UNIT PRICE CONTRACTS

Place Date Project No.

Proposal of ___________________________________ (hereinafter called "Bidder")1 a corporation, organized and existing under the laws of the State of ________________, partnership, or an individual doing business as _______________________________.

To the _________________________________________ (hereinafter called "Owner")

Gentlemen:

The Bidder, in compliance with your invitation for bids for the construction of a

_____________________________________________________________________, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within _________ consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages the sum of $____________ for each consecutive calendar day thereafter as hereinafter provided in Paragraph 3.c. of the Supplemental General Conditions.

1 Insert corporation, partnership or individual as applicable.

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City of Germantown

City of Germantown


90

500.00

Bidder acknowledges receipt of the following addendum:

Item No.

Description Est. Qty. Unit Unit Cost Total

1 Mobilization 1 LSDollars & Cents Dollars & Cents

($________________) ($________________)2 299 CY

Dollars & Cents Dollars & Cents($________________) ($________________)

3 12 UNITDollars & Cents Dollars & Cents

($________________) ($________________)4 2 UNIT


5 172 CYDollars & Cents Dollars & Cents

($________________) ($________________)6 178 CY


7 69 TONDollars & Cents Dollars & Cents

($________________) ($________________)8 42 CY


9 1532 SYDollars & Cents Dollars & Cents

($________________) ($________________)10 Concrete Block Mat 3035 SF


11 Geotextile (Type III) 587 SYDollars & Cents Dollars & Cents

($________________) ($________________)12 618 LF


Turf Reinforcement Mat (Class III)

Temporary Silt Fence (With Backing)

Bidder agrees to perform all the construction line items associated with the Germantown CDBG - Disaster Streambed and Bank Stabilization Project work described in the specifications and shown on the plans, for the following unit prices:

Seeding(Without Mulch)

Seeding(With Mulch)

Machined Rip-Rap (Class A-1) with Grout

Lateral 'D' Channel Stabilization

Excavation (Unclassified)

Placing and Spreading Topsoil

Machined Rip-Rap (Class C) with Grout

Machined Rip-Rap (Class A-3)

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Item No.


13 Mobilization 1 LSDollars & Cents Dollars & Cents

($________________) ($________________)14 1 LS


15 1 LSDollars & Cents Dollars & Cents

($________________) ($________________)16 1 LS


17 100 CYDollars & Cents Dollars & Cents

($________________) ($________________)18 1,200 EA


19 1 EADollars & Cents Dollars & Cents

($________________) ($________________)20 150 LF


21 8,885 CYDollars & Cents Dollars & Cents

($________________) ($________________)22 6,500 SY



($________________) ($________________)24 100 UNIT


25 25 UNITDollars & Cents Dollars & Cents

($________________) ($________________)26 1,155 CY



($________________) ($________________)28 280 CY


Lateral 'G' Channel Stabilization and Grade Control

Excavation (Unclassified)

Construction Stakes, Lines and Grades

Removal of Structures and Obstructions

Sediment Removal

Sandbags

Clearing and Grubbing

Sediment Filter Bag

2-24" HDPE Bypass Pipes

Trees/Shrubs

Coir Erosion Control Blanket

Placing and Spreading Topsoil

Seeding (Wildflower Mixture)

Rock Check Dams

Machined Rip-Rap (Class C) with Grout

Seeding (Without Mulch)

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Item No.


29 70 TONDollars & Cents Dollars & Cents

($________________) ($________________)30 515 CY


31 572 SYDollars & Cents Dollars & Cents

($________________) ($________________)32 Concrete Block Mat 21,770 SF


33 Geotextile (Type III) 2,785 SYDollars & Cents Dollars & Cents

($________________) ($________________)34 Sheet Pile 1,170 SF


35 1,440 SFDollars & Cents Dollars & Cents

($________________) ($________________)36 160 LF


37 20 LFDollars & Cents Dollars & Cents

($________________) ($________________)38 1 EA


39 12,000 SFDollars & Cents Dollars & Cents

($________________) ($________________)40 450 CY


41 1,333 LFDollars & Cents Dollars & Cents

($________________) ($________________)42 1,060 LF


43 1,050 LFDollars & Cents Dollars & Cents

($________________) ($________________)

Temporary Silt Fence (With Backing)

48" Concrete Headwall

Segmental Block Retaining Wall

Machined Rip-Rap (Class A-3)

Machined Rip-Rap (Class A-1) with Grout

Turf Reinforcement Mat (Class III)

Lateral 'G' Channel Stabilization and Grade Control (Continued)

Grass Pavers

Sand Fill

Sod

High-Visibility Construction Fence

Chain-Link Fence (Vinyl Coated)

48" Reinforced Concrete Pipe

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Item No.

DescriptionTotal

1 Ten Thousand DollarsDollars & Cents

($ 10,000.00 )2 Ten Thousand Dollars

Dollars & Cents($ 10,000.00 )

3 Five Thousand DollarsDollars & Cents

($ 5,000.00 )4 Ten Thousand Dollars

Dollars & Cents($ 10,000.00 )

Total Allowances $35,000.00

TOTAL OF BID (Including Allowances) $

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids.

Allowances - Fence, Curb, Sidewalk, and Pavement Repairs

Lateral D Wood Fence Repair

Lateral G Wood Fence Repair

Lateral G Pavement Repair

Lateral G Curb and Sidewalk Repair

(Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.)

The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

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Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Article 5 of the General Conditions. The bid security attached in the sum of ______________________________________________________________________ ($____________) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby.

Respectfully submitted:

By: (Title)

(SEAL - if bid is by a corporation)

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CERTIFICATION OF BIDDER REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

INSTRUCTIONS This certification is required pursuant to 24.CFR Section 24.510(b). It shall be completed, signed and submitted as part of the bid proposal.

1. By signing and submitting this proposal, the prospective lower-tier participant certifies that neitherit, its principals nor affiliates, is presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participation in this transaction by any Federal departmentor agency. Further, the Participant provides the certification set out below:

2. The certification in this clause is a material representation of fact upon which reliance was placedwhen this transaction was entered into. If it is later determined that an erroneous certification wasrendered, in addition to other remedies available to the Federal Government, the Department oragency with which this transaction originated may pursue available remedies.

3. Further, the Participant shall provide immediate written notice to the person to which this proposalis submitted if at any time the Participant learns that this certification was erroneous whensubmitted or has become erroneous by reason of changed circumstances.

4. By submitting this proposal, it is agreed that should the proposed covered transaction be enteredinto, the Participant will not knowingly enter into any lower-tier covered transaction with aperson who is debarred, suspended, declared ineligible, or voluntarily excluded from participationin this covered transaction unless authorized by the agency with which this transaction originated.

5. It is further agreed that by submitting this proposal, the Participant will include this Certification,without modification, in all lower-tier covered transactions and in all solicitations for lower-tiercovered transactions.

Contractor Name and Title Date

Signature ___________________________________ Address

City ______________________________________ State _____________________ Zip

NON-CERTIFICATION:

As the prospective lower-tier participant, I am unable to certify to statements in this Certification as explained in the attachment to this proposal.

Contractor Name and Title Date

Signature ___________________________________ Address

City ______________________________________ State _____________________ Zip

The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

This form must be submitted to the State with the bid tabulations.

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CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER Name and Address of Bidder (include Zip Code):

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

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

Yes No

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required

4. Have you ever been or are you being considered for sanction due to violation of ExecutiveOrder 11246, as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

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CERTIFICATION OF BIDDER REGARDING USE OF

FEMALE/MINORITY SUBCONTRACTORS INSTRUCTIONS

This certification is required for the contractor to demonstrate that when subcontractors are to be used on this project, an attempt will be made to utilize female/minority owned firms.

Documentation must be on file to show who has been contacted.

CERTIFICATION BY BIDDER Name and Address of Bidder (include Zip Code):

I, _____________________________________, certify that every attempt was made to utilize female/minority contractors on this project.

Name and Title of Signer

Signature Date

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CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES

Name of Prime Contractor Project Name & Number

The undersigned hereby certifies that

(a) Section 3 provisions are included in the Contract.

(b) If contract equals or exceeds $100,000, HUD form 60002 will be submitted with the final pay estimate.

(c) No segregated facilities will be maintained.

Name & Title of Signer (Print or Type)

Signature Date

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STATE OF _______________________ COUNTY OF _____________________

The undersigned, principal officer of ____________________________________________, an employer of five (5) or more employees contracting with __________________________ government to provide construction services, hereby states under oath as follows:

1. The undersigned is a principal officer of _____________________________(hereinafter referred to as the “Company”), and is duly authorized to executethis Affidavit on behalf of the Company.

2. The Company submits this Affidavit pursuant to T.C.A. § 50-9-113, whichrequires each employer with no less than five (5) employees receiving paywho contracts with the state or any local government to provide constructionservices to submit an affidavit stating that such employer has a drug-freeworkplace program that complies with Title 50, Chapter 9, of the TennesseeCode Annotated.

3. The Company is in compliance with T.C.A. § 50-9-113.

Further affiant saith not.

__________________________________________ Principal Officer

STATE OF _______________________ COUNTY OF _____________________

Before me personally appeared _______________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the foregoing affidavit for the purposes therein contained.

Witness my hand and seal at office this _________ day of _________________, 20__.

________________________________ Notary Public

My commission expires: ___________________

DRUG-FREE WORKPLACE AFFIDAVIT

00 10 01 - 19

CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY

NAME OF PRIME CONTRACTOR PROJECT NUMBER

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract.

SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR (include ZIP Code):

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

Yes No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

Yes No

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

Yes No None Required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246,as amended?

Yes No

NAME AND TITLE OF SIGNER (Please type)

SIGNATURE DATE

00 10 01 - 20

CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED

FACILITIES

Name of Subcontractor Project Name & Number

The undersigned hereby certifies that

(a) Section 3 provisions are included in the Contract;

(b) If contract equals or exceeds $100,000, HUD form 60002 will be submitted with the final pay estimate.

(c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964.

Name & Title of Signer (Print or Type)

Signature Date

00 10 01 - 21

STATEMENT OF COMPLIANCE CERTIFICATE ILLEGAL IMMIGRANTS

EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING

This is to certify that _____________________________________________________ have fully complied with all the requirements of Chapter No. 878 (House Bill No. 111 and Senate Bill No. 411) which serves to amend Tennessee Code Annotated Title 12, Chapter 4, Part I, attached herein for reference. • All Bidders for construction services on this project shall be required to submit an

affidavit (by executing this compliance document) as part of their bid, that attests that such Bidder shall comply with requirements of Chapter no. 878.

Signed: _______________________________

State of _______________) ) ss

County of ______________)

Personally appeared before me, _______________________ the undersigned Notary

Public, ________________________________, the within named bargainer, with whom

I am personally acquainted, and known to me to be the President / Owner / Partner (as

applicable) of the ___________________________________________, Corporation,

Partnership, Sole Proprietorship (as applicable) and acknowledged to me that he

executed the foregoing document for the purposes recited therein.

Witness my hand, at office, this __________ day of _________________, 20__.

_____________________________________ Notary Public

My commission expires _________________

_____________________________________________________________________ 1 Statement of Compliance – Illegal Immigrants

00 10 01 - 22

CDBG Manual - Labor Chapter - Contracts Document Guide

IRAN DIVESTMENT ACT

In compliance with the Iran Divestment Act (State of Tennessee 2016, Public Chapter No. 817), which became effective on July 1, 2016, certification is required of all bidders on contracts over $1,000.

By submission of this bid, each bidder and each person signing on behalf of any bidder

certifies, and in the case of a joint bid each party hereto certifies as to its own organization,

under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on

the list created pursuant to T.C.A. § 12-12-106.

I affirm, under the penalties of perjury, this statement to be true and correct.

Date Signature of Bidder

Company

A bid shall not be considered for award nor shall award be made where the foregoing certification has been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. The City/County of

_____________ may award a bid to a bidder who cannot make the certification, on case-by-case basis, if:

1. The investment activities in Iran were made before July 1, 2016, the investmentactivities in Iran have not been expanded or reviewed on or after July 1, 2016, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The City/County of _______________makes a determination that the goods orservices are necessary for the City/County of ________________________to perform its functions and that, absent such an exemption, the political subdivision will be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

00 10 01 - 23

1/4

July 15, 2016

NOTICE

Tenn. Code Ann. § 12-12-106 requires the chief procurement officer to publish, using credible information freely available to the public, a list of persons it determines engage in investment activities in Iran, as described in § 12-12-105.

For these purposes, the State intends to use the attached list of “Entities Ineligible to Contract with the State of South Carolina or any Political Subdivision of the State per the Iran Divestment Act of 2014, S.C. Code Ann. §§ 11-57-10, et. seq.”

While inclusion on this list would make a person ineligible to contract with the state of Tennessee, if a person ceases its engagement in investment activities in Iran, it may be removed from the list.

If you feel as though you have been erroneously included on this list please contact the Central Procurement Office at [email protected].

2/4

00 10 01 - 24

3/4

List Date: July 7, 2017

1. Abadan Petrochemical Co.2. Aban Offshore Ltd.3. Anton Oilfield Services Group4. Arak Petrochemical5. Arvandan Oil & Gas6. Behran Oil Co.7. Bharat Petroleum Corporation Ltd.8. China International United Petroleum & Chemical So., Ltd. (Unipec)9. China National Offshore Oil Corp 10. China National Petroleum Corp (CNPC)11. China National United Oil Corp.12. China Petroleum & Chemical Corp.13. Cosmo Energy Holdings Co. Limited14. Dae l im Industr i a l15 . Daewoo Engineering & Construction16. Enel Spa17. Eni Spa18. Esfahan Oil Refining Co.19. Essar Oil Ltd.20. Fanavaran Petrochemical Co.21. Farabi Petrochemical Co.22. Formosa Petrochemical Corp.23. Gazprom OAO24. Gubre Fabrikalari T.A.S.25. Hellenic Petroleum S.A.26. Hindustan Petroleum Corp Ltd.27. Hyundai Heavy Industries. 28. Idemitsu Kosan Co. Ltd. 29. Indian Oil Corporation Ltd. 30. Inpex Corporation31. Japan Drilling Co., Ltd.32. Japan Petroleum Exploration Co., Ltd.33. JXTG Holdings, Inc.34. Khark Petrochemical.35. Koc Holding A.S.36. Korea Gas Corp.37. Linde AG. 38. Maire Tecnimont S.p.A.39. Mangalore Refinery & Petrochemicals Ltd. 40. Marubeni Corporation41. Mitsubishi Materials Corp.42. Mitsui & Co. Ltd. 43. Naftiran Intratrade Company 44. National Iranian Oil Co. 45. National Iranian South Oil Co.46. National Iranian Tanker Co.47. National Shipping Co. of Saudi Arabia48. North Drilling

00 10 01 - 25

4/4

49. Oil & Natural Gas Corporation Ltd.50. Oil India Ltd.51. Oil Industry Investment Co.52. ONGC Videsh Ltd. (OVL)53. Pardis Petrochemical Co.54. Pars Oil Co.55. Parsian Oil and Gas Development Co.56. Petrochemical Industries Investment Co.57. Petrochemical Transport Co.58. PetroChina Co. Ltd. 59. PJSC Lukoil60. Polskie Gornictwo Naftowe i Gazownictwo SA61. Royal Dutch Shell Plc.62. Sadid Pipe & Equipments Co.63. Saras Raffinerie Sarde SPA64. Sepehr Energy65. Shiraz Petrochemical Co. 66. Showa Shell Sekiyu K K67. Sinopec Group. 68. Sk Holdings Co. Ltd.69. SK Innovation70. Tabriz Oil Refining Company 71. Total S.A.72. Toyo Engineering Corporation73. Turkiye Petrol Rafinerileri AS 74. Zhuh75. Ai Zhenrong Company

00 10 01 - 26

WAGE RATE DETERMINATION

Appropriate Wage Rates shall be inserted here.

00 10 01 - 27

8/26/2019 beta.SAM.gov

https://beta.sam.gov/wage-determination/TN20190134/1/document 1/6

"General Decision Number: TN20190134 01/18/2019

Superseded General Decision Number: TN20180135

State: Tennessee

Construction Type: Heavy

Including Water and Sewer Line Construction

County: Shelby County in Tennessee.

HEAVY CONSTRUCTION PROJECTS (including sewer/water

construction).

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.60 for calendar year 2019 applies to all contracts

subject to the Davis-Bacon Act for which the contract is

awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor

must pay all workers in any classification listed on this wage

determination at least $10.60 per hour (or the applicable wage

rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year

2019. If this contract is covered by the EO and a

classification considered necessary for performance of work on

the contract does not appear on this wage determination, the

contractor must pay workers in that classification at least the

wage rate determined through the conformance process set forth

in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is

higher than the conformed wage rate). The EO minimum wage rate

will be adjusted annually. Please note that this EO applies to

the above-mentioned types of contracts entered into by the

federal government that are subject to the Davis-Bacon Act

itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor

requirements and worker protections under the EO is available

at www.dol.gov/whd/govcontracts.

00 10 01 - 28



Modification Number Publication Date

0 01/04/2019

1 01/18/2019

* ELEC0474-015 12/31/2018

Rates Fringes

ELECTRICIAN......................$ 27.60 13.69

----------------------------------------------------------------

ENGI0369-012 05/01/2013

Rates Fringes

Operating Engineers:

Bulldozer, Crane, and

Forklift....................$ 24.47 10.85

----------------------------------------------------------------

LABO0386-001 05/01/2017

Rates Fringes

LABORER: Common or General.......$ 18.47 6.65

----------------------------------------------------------------

SUTN2009-133 12/02/2009

Rates Fringes

LABORER: Flagger................$ 8.73 0.00

LABORER: Pipelayer..............$ 11.68 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 16.82 0.00

OPERATOR: Loader................$ 13.50 0.00

TRUCK DRIVER: Dump Truck........$ 10.76 0.00

----------------------------------------------------------------

00 10 01 - 29



WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

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

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of ""identifiers"" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

00 10 01 - 30



Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

00 10 01 - 31



Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) 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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, 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

00 10 01 - 32



process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

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




The request should be accompanied by a full statement 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.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION"

00 10 01 - 33

AGREEMENT

THIS AGREEMENT, made this __________ day of __________________, 20____, by and between __________________________________________________________, herein called "Owner", acting herein through its _______________________________ _________________________________________________________________, and ____________________________________________________________________ STRIKE OUT (a corporation) (a partnership) INAPPLICABLE (an individual doing business as ) TERMS of _______________________, County of __________________________, and State of __________________________, hereinafter called "Contractor".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows:

hereinafter called "the project", for the sum of _________________________________

________________________________________________ Dollars ($____________) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at this (its or their) own property cost and expense to furnish all the materials , supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by ________________________________, herein entitled "the Architect/Engineer", and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract.

The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within _________ consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $_________ for each consecutive calendar day thereafter as hereinafter provided in Paragraph 3 of the Supplemental General Conditions.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 3, "Payments to Contractor", of the Supplemental General Conditions.

1/2

00 10 01 - 34

City of Germantown, TennesseeMayor


Barge Design Solutions

50090

IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned.

(Seal) ATTEST: (Owner)

By: (Secretary)

(Witness) (Title)

(Seal)

(Contractor)

By: (Secretary)

(Witness) (Title)

(Address and Zip Code)

NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.

2/2

00 10 01 - 35

City of Germantown, TN

OMB CIRCULAR A-102 ATTACHMENT B

BONDING AND INSURANCE 1. This Attachment sets forth bonding and insurance requirements for grants.

No other bonding and insurance requirements shall be imposed other than those normally required by the grantee.

2. Except as otherwise required by law, a grant that requires the contracting(or subcontracting) for construction or facility improvements shall providefor the grantee to follow its own requirements relating to bid guarantees,performance bonds, and payment bonds unless the construction contractor subcontract exceeds $100,000. For those contracts or subcontractsexceeding $100,000, the Federal agency may accept the bonding policyand requirements of the grantee provided the Federal agency has made adetermination that the Government's interest is adequately protected. Ifsuch a determination has not been made, the minimum requirements shall be as follows:

(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

(b) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

(c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

3. Where the Federal Government guarantees or insures the repayment ofmoney borrowed by the grantee, the Federal agency, at its discretion, may require adequate bonding and insurance if the bonding and insurancerequirements of the grantee are not deemed adequate to protect theinterest of the Federal Government.

4. Where bonds are required in the situations described above, the bondsshall be obtained from companies holding certificates of authority asacceptable sureties (31 CFR 223).

NOTE: AIA Document A311 is acceptable for use as Performance and Payment Bonds.

00 10 01 - 36

CERTIFICATE OF OWNER'S ATTORNEY

I, the undersigned, ______________________________________, the duly authorized and acting legal representative of __________________________________________ do hereby certify as follows:

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

Date: ____________________________ ______________________________

00 10 01 - 37

Section 00 61 13.13 Performance Bond

09/11/19 34399-13

CONTRACTOR (name and address):

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

OWNER (name and address): West Tennessee River Basin Authority 3628 East End Drive Humboldt, TN 38343

CONSTRUCTION CONTRACT Effective Date of the Agreement: ________________________ Amount: Description: West Tennessee River Basin Authority NDR Lake County Levee Pump Station Project

Number 54837

BOND Bond Number: ________________________ Date (not earlier than the Effective Date of the Agreement of the Construction Contract): ________________________ Amount:

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

CONTRACTOR AS PRINCIPAL SURETY

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

00 61 13.13 - 2 Performance Bond

09/11/19 34399-13

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

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after Owner terminates for cause in accordance with General Conditions Paragraph 15.02.

4. Failure on the part of the Owner to comply with the notice requirement in General Conditions Paragraph 15.02 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

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

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

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

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

6. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

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

6.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default; and

6.3 liquidated damages caused by delayed performance or non-performance of the Contractor.

7. The Surety’s liability is limited to the amount of this Bond.

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

9. 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.

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

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

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

13. Definitions

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

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

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

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

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

This document was prepared in part from material (EJCDC C-610 Performance Bond) which is copyrighted as indicated below:

Copyright © 2010 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE

Section 00 61 13.16 Payment Bond

09/11/19 34399-13

CONTRACTOR (name and address):

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

OWNER (name and address): West Tennessee River Basin Authority 3628 East End Dr. Humboldt, TN 38343

CONSTRUCTION CONTRACT

Effective Date of the Agreement: _______________________ Amount: Description (name and location): West Tennessee River Basin Authority NDR Lake County Levee Pump

Station Project Number 54837, Tiptonville, Tennessee

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): ______________________ Amount:

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

CONTRACTOR AS PRINCIPAL SURETY

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

00 61 13.16 - 2 Payment Bond

09/11/19 34399-13

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

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

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

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

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

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

5.1.1 have furnished a written notice of non-

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

5.1.2 have sent a Claim to the Surety (at the

address described in Paragraph 13).

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

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is

sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

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

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

7.2 Pay or arrange for payment of any undisputed amounts.

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

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

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

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

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

00 61 13.16 - 3 Payment Bond

09/11/19 34399-13

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

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

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

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

16. Definitions

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

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

labor was done, or materials or equipment furnished;

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

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

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

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

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

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

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

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

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

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

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

This document was prepared in part from material (EJCDC C-615 Payment Bond) which is copyrighted as indicated below:

Copyright © 2010 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE

Community Development Block Grant Program GENERAL CONDITIONS

1. Contract and Contract Documents The project to be constructed and pursuant to this contract will be financed with assistance from the Tennessee Community Development Block Grant Program and is subject to all applicable Federal laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer.

TABLE OF CONTENTS OF GENERAL CONDITIONS

Article Number Title Page

1 DEFINITIONS 12

2 PRELIMINARY MATTERS 13 3 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE 14 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 15 5 BONDS AND INSURANCE 18 6 CONTRACTOR'S RESPONSIBILITIES 20 7 OTHER WORK 25 8 OWNER'S RESPONSIBILITIES 26 9 ENGINEER'S STATUS DURING CONSTRUCTION 26 10 CHANGES IN THE WORK 28 11 CHANGE OF CONTRACT PRICE 29 12 CHANGE OF CONTRACT TIMES 31 13 TESTS AND INSPECTIONS; CORRECTION; REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 31 14 PAYMENTS TO CONTRACTOR AND COMPLETION 33 15 SUSPENSION OF WORK AND TERMINATION 35 16 DISPUTE RESOLUTION 36 17 MISCELLANEOUS 36

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1. DEFINITIONS ................................................................... 53 1.1 Addendum ................................................... 53 1.2 Agreement ................................................... 53 1.3 Application for Payment .............................. 53 1.4 Asbestos ...................................................... 53 1.5 Bid ............................................................... 53 1.6 Bidding Documents ...................................... 53 1.7 Bidding Requirements ................................. 53 1.8 Bonds .......................................................... 53 1.9 Change Order .............................................. 53 1.10 Contract Documents .................................... 53 1.11 Contract Price .............................................. 53 1.12 Contract Times ............................................ 53 1.13 CONTRACTOR .......................................... 53 1.14 defective ...................................................... 53 1.15 Drawings ..................................................... 53 1.16 Effective Date of the Agreement ................. 53 1.17 ENGINEER ................................................. 53 1.18 ENGINEER's Consultant ............................. 53 1.19 Field Order .................................................. 53 1.20 General Requirements ................................. 53 1.21 Hazardous Waste ......................................... 53 1.22 Laws and Regulations; Laws or Regulations .............................................. 53 1.23 Liens ............................................................ 54 1.24 Milestone ..................................................... 54 1.25 Notice of Award .......................................... 54 1.26 Notice to Proceed ........................................ 54 1.27 OWNER ...................................................... 54 1.28 Partial Utilization ........................................ 54 1.29 PCBs ........................................................... 54 1.30 Petroleum .................................................... 54 1.31 Project ......................................................... 54 1.32 Radioactive Material ................................... 54 1.33 Resident Project Representative .................. 54 1.34 Samples ....................................................... 54 1.35 Shop Drawings ............................................ 54 1.36 Specifications .............................................. 54 1.37 Subcontractor .............................................. 54 1.38 Substantial Completion ................................ 54 1.39 Supplementary Conditions .......................... 54 1.40 Supplier ....................................................... 54 1.41 Underground Facilities ................................ 54 1.42 Unit Price Work ........................................... 54 1.43 Work ............................................................ 54 1.44 Work Change Directive ............................... 54 1.45 Written Amendment .................................... 55 2. PRELIMINARY MATTERS ............................................ 55 2.1 Delivery of Bonds ....................................... 55 2.2 Copies of Documents .................................. 55 2.3 Commencement of Contract Times; Notice to Proceed ..................................... 55 2.4 Starting the Work ........................................ 55 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .................................................. 55 2.8 Preconstruction Conference ......................... 55 2.9 Initially Acceptable Schedules ..................... 55 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................................................... 56 3.1-3.2 Intent ........................................................... 56 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ........................................... 56 3.4 Intent of Certain Terms or Adjectives .......... 56 3.5 Amending Contract Documents ................... 56

3.6 Supplementing Contract Documents ............ 56 3.7 Reuse of Documents .................................... 57 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ........ 57 4.1 Availability of Lands ................................... 57 4.2 Subsurface and Physical Conditions ............ 57 4.2.1 Reports and Drawings .................................. 57 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ....................... 57 4.2.3 Notice of Differing Subsurface or Physical Conditions ................................... 57 4.2.4 ENGINEER's Review .................................. 57 4.2.5 Possible Contract Documents Change ......... 58 4.2.6 Possible Price and Times Adjustments ......... 58 4.3 Physical Conditions--Underground Facilities ..................................................... 58 4.3.1 Shown or Indicated ...................................... 58 4.3.2 Not Shown or Indicated ............................... 58 4.4 Reference Points .......................................... 58 4.5 Asbestos, PCB's, Petroleum, Hazardous Waste or Radioactive Material ................... 59 5. BONDS AND INSURANCE ............................................. 59 5.1-5.2 Performance, Payment and Other Bonds ... 59 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............................ 59 5.4 CONTRACTOR's Liability Insurance ......... 60 5.5 OWNER's Liability Insurance ...................... 60 5.6 Property Insurance ....................................... 60 5.7 Boiler and Machinery or Additional Property Insurance ..................................... 61 5.8 Notice of Cancellation Provisions ................ 61 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................................. 61 5.10 Other Special Insurance ............................... 61 5.11 Waiver of Rights .......................................... 61 5.12-5.13 Receipt and Application of Insurance Proceeds ..................................................... 61 5.14 Acceptance of Bonds and Insurance; Option to Replace ...................................... 62 5.15 Partial Utilization--Property Insurance .................................................... 62 6. CONTRACTOR'S RESPONSIBILITIES .......................... 62 6.1-6.2 Supervision and Superintendence ................ 62 6.3-6.5 Labor, Materials and Equipment .................. 62 6.6 Progress Schedule ........................................ 62 6.7 Substitutes and "Or-Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ........................... 63 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ..................... 63 6.12 Patent Fees and Royalties ............................ 64 6.13 Permits ......................................................... 64 6.14 Laws and Regulations .................................. 64 6.15 Taxes ........................................................... 64 6.16 Use of Premises ........................................... 65 6.17 Site Cleanliness ............................................ 65 6.18 Safe Structural Loading ............................... 65 6.19 Record Documents ....................................... 65 6.20 Safety and Protection ................................... 65 6.21 Safety Representative ................................... 65 6.22 Hazard Communication Programs ............... 65 6.23 Emergencies ................................................. 65 6.24 Shop Drawings and Samples ........................ 66 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal ............ 66

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6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............................. 66 6.27 Responsibility for Variation From Contract Documents .................................. 66 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals .............................. 66 6.29 Continuing the Work ................................... 66 6.30 CONTRACTOR's General Warranty and Guarantee ............................ 67 6.31-6.33 Indemnification ........................................... 67 6.34 Survival of Obligations ................................ 67 7. OTHER WORK ............................................................... 67 7.1-7.3 Related Work at Site .................................... 67 7.4 Coordination ................................................. 68 8. OWNER'S RESPONSIBILITIES ...................................... 68 8.1 Communications to Contractor .................... 68 8.2 Replacement of ENGINEER ....................... 68 8.3 Furnish Data and Pay Promptly When Due ............................................................ 68 8.4 Lands and Easements; Reports and Tests .......................................................... 68 8.5 Insurance ..................................................... 68 8.6 Change Orders ............................................. 68 8.7 Inspections, Tests and Approvals ................ 68 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ....................... 68 8.9 Limitations on OWNER's Responsibilities ......................................... 68 8.10 Asbestos, PCB's, Petroleum, Hazardous Waste or Radioactive Material .................. 68 8.11 Evidence of Financial Arrangements ........... 68 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................................................ 68 9.1 OWNER's Representative ............................ 68 9.2 Visits to Site ................................................ 68 9.3 Project Representative ................................. 69 9.4 Clarifications and Interpretations ................. 69 9.5 Authorized Variations in Work .................... 69 9.6 Rejecting Defective Work ........................... 69 9.7-9.9 Shop Drawings, Change Orders and Payments ................................................... 69 9.10 Determinations for Unit Prices .................... 69 9.11-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter ........................................ 69 9.13 Limitations on ENGINEER's Authority and Responsibilities ................... 70 10. CHANGES IN THE WORK ............................................. 70 10.1 OWNER Ordered Change ........................... 70 10.2 Claim for Adjustment .................................. 70 10.3 Work Not Required by Contract Documents ................................................. 70 10.4 Change Orders ............................................. 70 10.5 Notification of Surety .................................. 71 11. CHANGE OF CONTRACT PRICE .................................. 71 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ..................................... 71 11.4 Cost of the Work ......................................... 71 11.5 Exclusions to Cost of the Work ................... 72 11.6 CONTRACTOR's Fee ................................. 73 11.7 Cost Records ............................................... 73 11.8 Cash Allowances ......................................... 73 11.9 Unit Price Work ........................................... 73 12. CHANGE OF CONTRACT TIMES ................................. 73 12.1 Claim for Adjustment .................................. 73 12.2 Time of the Essence ..................................... 74 12.3 Delays Beyond CONTRACTOR's Control ...................................................... 74

12.4 Delays Beyond OWNER's and CONTRACTOR's Control ......................... 74 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...................................................................... 74 13.1 Notice of Defects ......................................... 74 13.2 Access to the Work ...................................... 74 13.3 Tests and Inspections; Contractor's Cooperation ............................................... 74 13.4 OWNER’s Responsibilities: Independent Testing Laboratory ................. 74 13.5 CONTRACTOR’S Responsibilities .............. 74 13.6-13.7 Covering Work Prior to Inspection, Testing or Approval .................................... 74 13.8-13.9 Uncovering Work at ENGINEER’s Request ....................................................... 74 13.10 OWNER May Stop the Work ....................... 75 13.11 Correction or Removal of Defective Work ........................................................... 75 13.12 Correction Period .......................................... 75 13.13 Acceptance of Defective Work ..................... 75 13.14 OWNER May Correct Defective Work ........................................................... 75 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................... 76 14.1 Schedule of Values ....................................... 76 14.2 Application for Progress Payment ................. 76 14.3 CONTRACTOR’s Warranty of Title ............ 76 14.4-14.7 Review of Applications for Progress Payments ...................................... 76 14.8-14.9 Substantial Completion ................................. 77 14.10 Partial Utilization .......................................... 77 14.11 Final Inspection ............................................ 77 14.12 Final Application for Payment ...................... 78 14.13-14.14 Final Payment and Acceptance ..................... 78 14.15 Waiver of Claims .......................................... 78 15. SUSPENSION OF WORK AND

TERMINATION ................................................................. 78 15.1 OWNER May Suspend Work ....................... 78 15.2-15.4 OWNER May Terminate .............................. 78 15.5 CONTRACTOR May Stop Work or Terminate .................................................... 79 16. DISPUTE RESOLUTION .................................................. 79 17. MISCELLANEOUS ........................................................... 79 17.1 Giving Notice ............................................... 79 17.2 Computation of Times .................................. 79 17.3 Notice of Claim............................................. 80 17.4 Cumulative Remedies ................................... 80 17.5 Professional Fees and Court Costs Included ...................................................... 80

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Article or Paragraph Number


Acceptance of-- Bonds and Insurance ................................................................. 5.14 defective Work ................................................. 10.4.1, 13.13, 13.15 final payment ................................................................. 9.12,14.15 insurance .................................................................................. 5.14 other Work, by CONTRACTOR ................................................ 7.3 Substitutes and "Or-Equal" Items............................................. 6.7.1 Work by OWNER ......................................................2.5, 6.30, 6.34 Access to the-- Lands, OWNER and CONTRACTOR responsibilities .......................................................................... 4.1 site, related work ........................................................................ 7.2 Work, .................................................................... 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR .......................................................... 6.9.1, 9.13.3 ENGINEER .................................................................. 6.20, 9.13.3 OWNER............................................................................. 6.20, 8.9 Addenda--definition of (also see definition of Specifications) ................................ (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ....................................................... 5.7 Adjustments Contract Price or Contract Times .............................. 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule ........................................................................ 6.6 Agreement-- definition of ............................................................................... 1.2 All risk Insurance, policy form .................................................... 5.6.2 Allowances, Cash ......................................................................... 11.8 Amending Contract Documents ..................................................... 3.5 Amendment, Written-- in general .................. 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal,, OWNER or CONTRACTOR intent to ................................................. 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment-- definition of ............................................................................... 1.3 ENGINEER's Responsibility ...................................................... 9.9 final payment ........................................ 9.13.4, 9.13.5, 14.12-14.15 in general ................................................. 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ............................................................. 14.1, 14.7 review of .......................................................................... 14.4-14.7 Arbitration (Optional)............................................................ 16.1-16.6 Asbestos-- claims pursuant thereto .................................................. 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ............................... 4.5.2 definition of ................................................................................ 1.4 OWNER responsibility for .............................................. 4.5.1, 8.10 possible price and times change ............................................... 4.5.2 Authorized Variations in Work ............................... 3.6, 6.25, 6.27, 9.5 Availability of Lands ................................................................ 4.1, 8.4 Award, Notice of--defined ............................................................. 1.25 Before Starting Construction ..................................................... 2.5-2.8 Bid--definition of ............................................................................ 1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents--definition of ....................................... 1.6 (6.8.2) Bidding Requirements--definitions of ........................ 1.7 (1.1, 4.2.6.2) Bonds-- acceptance of ............................................................................ 5.14 additional bonds ......................................................... 10.5, 11.4.5.9 Cost of the Work .................................................................... 11.5.4 definition of ............................................................................... 1.8 delivery of ........................................................................... 2.1, 5.1 final application for payment ........................................ 14.12-14.14 general ................................... 1.10, 5.1-5.3, 5.13, 9.13, 10.5, 14.7.6 performance, Payment and Other .......................................... 5.1-5.2 Bonds and Insurance--in general ........................................................ 5 Builder's risk "all risk" policy form ............................................. 5.6.2 Cancellation Provisions, Insurance .............................. 5.4.11, 5.8, 5.15 Cash Allowances ........................................................................... 11.8 Certificate of Substantial Completion .............................1.38, 6.30.2.3,

14.8, 14.10 Certificates of Inspection ........................................ 9.13.4, 13.5, 14.12 Certificates of Insurance ................... 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8 ........................................................................... 5.14, 9.13.4, 14.12 Change in Contract Price-- Cash Allowances ....................................................................... 11.8 claim for price adjustment ...................... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ................................................................ 11.6 Cost of the Work general ............................................................................ 11.4-11.7 Exclusions to ............................................................................ 11.5 Cost Records ............................................................................. 11.7 in general .................................... 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ................................................................. 11.3.2 Notification of Surety ................................................................ 10.5 Scope of ............................................................................ 10.3-10.4 Testing and Inspection, Uncovering the Work .......................... 13.9 Unit Price Work ........................................................................ 11.9 Value of Work ........................................................................... 11.3 Change in Contract Times-- Claim for times adjustment .................... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................................................. 12.2 Delays beyond CONTRACTOR's control ................................. 12.3 Delays beyond OWNER's and CONTRACTOR's control .................................................................................... 12.4 Notification of surety................................................................. 10.5 Scope of change ................................................................ 10.3-10.4 Change Orders-- Acceptance of Defective Work ................................................ 13.13 Amending Contract Documents .................................................. 3.5 Cash Allowances ....................................................................... 11.8 Change of Contract Price.............................................................. 11 Change of Contract Times ............................................................ 12 Changes in the Work .................................................................... 10 CONTRACTOR's fee ................................................................ 11.6 Cost of the Work ............................................................... 11.4-11.7 Cost Records ............................................................................. 11.7 definition of ................................................................................. 1.9 emergencies ............................................................................... 6.23 ENGINEER's responsibility ............................. 9.8, 10.4, 11.2, 12.1 execution of .............................................................................. 10.4 Indemnification .............................................. 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and .............................................. 5.10, 5.13, 10.5 OWNER may terminate .................................................... 15.2-15.4 OWNER's Responsibility ................................................... 8.6, 10.4 Physical Conditions-- Subsurface and, .......................................................................... 4.2 Underground Facilities ........................................................... 4.3.2 Record Documents .................................................................... 6.19 Scope of Change ............................................................... 10.3-10.4 Substitutes ..................................................................... 6.7.3, 6.8.2 Unit Price Work ....................................................................... 11.9 value of Work, covered by ....................................................... 11.3 Changes in the Work ........................................................................ 10 Notification of surety ................................................................ 10.5 OWNER's and CONTRACTOR's responsibilities .................... 10.4 Right to an adjustment .............................................................. 10.2 Scope of change ............................................................... 10.3-10.4 Claims-- against CONTRACTOR ........................................................... 6.16 against ENGINEER .................................................................. 6.32 against OWNER ....................................................................... 6.32 Change of Contract Price ................................................... 9.4, 11.2


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Change of Contract Times ................................................. 9.4.12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................................................. 11.6 CONTRACTOR's liability ............................... 5.4, 6.12, 6.16, 6.31 Cost of the Work ............................................................. 11.4, 11.5 Decisions on Disputes ...................................................... 9.11, 9.12 Dispute Resolution .................................................................... 16.1 Dispute Resolution Agreement ......................................... 16.1-16.6 ENGINEER as initial interpreter ............................................... 9.11 Lump Sum Pricing ................................................................ 11.3.2 Notice of .................................................................................. 17.3 OWNER's .............................. 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ..................................................................... 5.5 OWNER may refuse to make payment .................................... 14.7 Professional Fees and Court Costs Included ............................ 17.5 request for formal decision on .................................................. 9.11 Substitute items .................................................................... 6.7.1.2 Time Extension ........................................................................ 12.1 Time requirements .......................................................... 9.11, 12.1 Unit Price Work .................................................................... 11.9.3 Value of ................................................................................... 11.3 Waiver of--on Final Payment ...................................... 14.14, 14.15 Work Change Directive ........................................................... 10.2 written notice required ............................................9.11, 11.2, 12.1 Clarifications and Interpretations .................................3.6.3, 9.4, 9.11 Clean Site ..................................................................................... 6.17 Codes of Technical Society, Organization or Association .......................................................................... 3.3.3 Commencement of Contract Times ................................................ 2.3 Communications-- general ...................................................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs ........................................... 6.22 Completion-- Final Application for Payment ............................................... 14.12 Final Inspection ...................................................................... 14.11 Final Payment and Acceptance .................................... 14.13-14.14 Partial Utilization ................................................................... 14.10 Substantial Completion ........................................... 1.38, 14.8-14.9 Waiver of Claims ................................................................... 14.15 Computation of Times .................................................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Other ............................................................ 6.8-6.11 Conferences-- initially acceptable schedules ..................................................... 2.9 preconstruction ........................................................................... 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ................................................ 2.5, 3.3.2 Construction, before starting by CONTRACTOR ..................... 2.5-2.7 Construction Machinery, Equipment, Etc. ....................................... 6.4 Continuing the Work ........................................................... 6.29, 10.4 Contract Documents-- Amending ................................................................................... 3.5 Bonds ......................................................................................... 5.1 Cash Allowances ...................................................................... 11.8 Change of Contract Price ............................................................. 11 Change of Contract Times .......................................................... 12 Changes in the Work ........................................................ 10.4-10.5 check and verify ......................................................................... 2.5 Clarifications and Interpretations ......................... 3.2, 3.6, 9.4, 9.11 definition of ............................................................................. 1.10 ENGINEER as initial interpreter of ......................................... 9.11 ENGINEER as OWNER's representative .................................. 9.1 general .......................................................................................... 3 Insurance .................................................................................... 5.3 Intent .................................................................................... 3.1-3.4 minor variations in the Work ..................................................... 3.6 OWNER's responsibility to furnish data .................................... 8.3 OWNER's responsibility to make prompt payment ....................................................8.3, 14.4, 14.13 precedence ....................................................................... 3.1, 3.3.3 Record Documents ................................................................... 6.19

Reference to Standards and Specifications of Technical Societies ............................................................... 3.3 Related Work ............................................................................. 7.2 Reporting and Resolving Discrepancies .............................. 2.5, 3.3 Reuse of ..................................................................................... 3.7 Supplementing ............................................................................ 3.6 Termination of ENGINEER's Employment ................................ 8.2 Unit Price Work ....................................................................... 11.9 variations .................................................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ....................................................... 9.2 Contract Price-- adjustment of ...................................... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of .................................................................................... 11 Decision on Disputes ................................................................ 9.11 definition of .............................................................................. 1.11 Contract Times-- adjustment of ................................................. 3.5, 4.1, 9.4, 10.3, 12 Change of ......................................................................... 12.1-12.4 Commencement of ..................................................................... 2.3 definition of .............................................................................. 1.12 CONTRACTOR-- Acceptance of Insurance ........................................................... 5.14 Limited Reliance on Technical Data Authorized ..................... 4.2.2 Communications ............................................................... 6.2, 6.9.2 Continue Work ................................................................ 6.29, 10.4 coordination and scheduling .................................................... 6.9.2 definition of .............................................................................. 1.13 May Stop Work or Terminate ................................................... 15.5 provide site access to others .............................................. 7.2, 13.2 Safety and Protection ....................... 4.3, 1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ............. 6.25 Stop Work requirements .......................................................... 4.5.2 CONTRACTOR's-- Compensation ................................................................... 11.1-11.2 Continuing Obligation ............................................................ 14.15 Defective Work ..................................................... 9.6, 13.10-13.14 Duty to correct defective Work .............................................. 13.11 Duty to Report-- Changes in the Work caused by Emergency ............................................................................. 6.23 Defects in Work of Others ........................................................ 7.3 Differing conditions .............................................................. 4.2.3 Discrepancy in Documents ................................. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated ..................................... 4.3.2 Emergencies ............................................................................. 6.23 Equipment and Machinery Rental, Cost of the Work ...................................................................... 11.4.5.3 Fee--Cost-Plus ............................................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ............................................. 6.30 Hazard Communication Programs ............................................ 6.22 Indemnification .............................................. 6.12, 6.16, 6.31-6.33 Inspection of the Work ...................................................... 7.3, 13.4 Labor, Materials and Equipment ..........................................6.3-6.5 Laws and Regulations, Compliance by .................................. 6.14.1 Liability Insurance ...................................................................... 5.4 Notice of Intent to Appeal ............................................... 9.10, 10.4 obligation to perform and complete the Work .......................... 6.30 Patent Fees and Royalties, paid for by ...................................... 6.12 Performance and Other Bonds .................................................... 5.1 Permits, obtained and paid for by ............................................. 6.13 Progress Schedule .................... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ................................... 9.11 Responsibilities-- Changes in the Work .............................................................. 10.1 Concerning Subcontractors, Suppliers and Others. ............ 6.8-6.11 Continuing the Work ..................................................... 6.29, 10.4 CONTRACTOR's expense .................................................... 6.7.1 CONTRACTOR's General Warranty and Guarantee .............. 6.30 CONTRACTOR's review prior to Shop Drawing or Sample Submittal ................................................................. 6.25 Coordination of Work ............................................................. 6.9.2 Emergencies ........................................................................... 6.23

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ENGINEER's evaluation, Substitutes or "Or-Equal" Items ............................................................ 6.7.3 For Acts and Omissions of Others ...................... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance ............................................ 5.9 general ....................................................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs .................................... 6.22 Indemnification .............................................................. 6.31-6.33 Labor, Materials and Equipment ........................................ 6.3-6.5 Laws and Regulations ............................................................ 6.14 Liability Insurance ................................................................... 5.4 Notice of variation from Contract Documents ....................... 6.27 Patent Fees and Royalties ....................................................... 6.12 Permits ................................................................................... 6.13 Progress Schedule .................................................................... 6.6 Record Documents ................................................................. 6.19 related Work performed prior to ENGINEER's approval of required submittals ............................................ 6.28 safe structural loading ............................................................ 6.18 Safety and Protection ..............................................6.20, 7.2, 13.2 Safety Representative ............................................................. 6.21 Scheduling the Work ............................................................. 6.9.2 Shop Drawings and Samples .................................................. 6.24 Shop Drawings and Samples Review by ENGINEER .................................................................... 6.26 Site Cleanliness ...................................................................... 6.17 Submittal Procedures ............................................................. 6.25 Substitute Construction Methods and Procedures ........................................................................... 6.7.2 Substitutes and "Or-Equal" Items .......................................... 6.7.1 Superintendence ....................................................................... 6.2 Supervision .............................................................................. 6.1 Survival of Obligations .......................................................... 6.34 Taxes ...................................................................................... 6.15 Tests and Inspections ............................................................. 13.5 To Report ................................................................................. 2.5 Use of Premises ............................................. 6.16-6.18, 6.30, 2.4 Review Prior to Shop Drawing or Sample Submittal ................ 6.25 Right to adjustment for changes in the Work ........................... 10.2 right to claim ............... 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ....................................... 6.20-6.22, 7.2, 13.2 Safety Representative ............................................................... 6.21 Shop Drawings and Samples Submittals .......................... 6.24-6.28 Special Consultants ............................................................... 11.4.4 Substitute Construction Methods and Procedures ...................... 6.7 Substitutes and "Or-Equal" Items, Expense ................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ................................. 6.8-6.11 Supervision and Superintendence .............................. 6.1, 6.2, 6.21 Taxes, Payment by ................................................................... 6.15 Use of Premises ............................................................... 6.16-6.18 Warranties and guarantees ................................................ 6.30, 6.5 Warranty of Title ..................................................................... 14.3 Written Notice Required-- CONTRACTOR stop Work or terminate ............................... 15.5 Reports of Differing Subsurface and Physical Conditions ............................................................................ 4.2.3 Substantial Completion .......................................................... 14.8 CONTRACTORs--other .................................................................... 7 Contractual Liability Insurance ................................................. 5.4.10 Contractual Times Limits ............................................................. 12.2 Coordination CONTRACTOR's responsibility ............................................. 6.9.2 Copies of Documents ..................................................................... 2.2 Correction Period ....................................................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ......................................................... 10.4.1, 13.10-13.14 Acceptance of Defective Work .............................................. 13.13 Correction or Removal of Defective Work ................... 6.30, 13.11 Correction Period ................................................................... 13.12 OWNER May Correct Defective Work ................................. 13.14 OWNER May Stop Work ...................................................... 13.10 Cost-- of Tests and Inspections ........................................................... 13.4

Records .................................................................................... 11.7 Cost of the Work-- Bonds and insurance, additional ......................................... 11.4.5.9 Cash Discounts ...................................................................... 11.4.2 CONTRACTOR's Fee .............................................................. 11.6 Employee Expenses ............................................................ 11.4.5.1 Exclusions to ............................................................................ 11.5 General ............................................................................. 11.4-11.5 Home office and overhead expenses ........................................ 11.5 Losses and damages ........................................................... 11.4.5.6 Materials and equipment ....................................................... 11.4.2 Minor expenses .................................................................. 11.4.5.8 Payroll costs on changes ........................................................ 11.4.1 performed by Subcontractors ................................................. 11.4.3 Records .................................................................................... 11.7 Rentals of construction equipment and machinery ............. 11.4.5.3 Royalty payments, permits and license fees ....................... 11.4.5.5 Site office and temporary facilities ..................................... 11.4.5.2 Special Consultants, CONTRACTOR's ................................ 11.4.4 Supplemental ......................................................................... 11.4.5 Taxes related to the Work ................................................... 11.4.5.4 Tests and Inspection ................................................................. 13.4 Trade Discounts ..................................................................... 11.4.2 Utilities, fuel and sanitary facilities .................................... 11.4.5.7 Work after regular hours ....................................................... 11.4.1 Covering Work ..................................................................... 13.6-13.7 Cumulative Remedies ........................................................... 17.4-17.5 Cutting, fitting and patching ........................................................... 7.2 Data, to be furnished by OWNER ................................................... 8.3 Day--definition of ...................................................................... 17.2.2 Decisions on Disputes .......................................................... 9.11, 9.12 defective--definition of ................................................................. 1.14 defective Work-- Acceptance of ............................................................. 10.4.1, 13.13 Correction or Removal of ........................................... 10.4.1, 13.11 Correction Period ................................................................... 13.12 in general ................................................................. 13, 14.7, 14.11 Observation by ENGINEER ....................................................... 9.2 OWNER May Stop Work ....................................................... 13.10 Prompt Notice of Defects ......................................................... 13.1 Rejecting .................................................................................... 9.6 Uncovering the Work ............................................................... 13.8 Definitions ......................................................................................... 1 Delays ................................................................... 4.1, 6.29, 12-3-12.4 Delivery of Bonds ........................................................................... 2.1 Delivery of certificates of insurance ............................................... 2.7 Determinations for Unit Prices ..................................................... 9.10 Differing Subsurface or Physical Conditions Notice of .................................................................................. 4.2.3 ENGINEER's Review .............................................................. 4.2.4 Possible Contract Documents Change ..................................... 4.2.6 Possible Price and Times Adjustments .................................... 4.2.6 Discrepancies-Reporting and Resolving .................... 2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement ......................................................................... 16.1-16.6 Arbitration ........................................................................ 16.1-16.5 general ......................................................................................... 16 Mediation ................................................................................. 16.6 Dispute Resolution Agreement ............................................. 16.1-16.6 Disputes, Decisions by ENGINEER ...................................... 9.11-9.12 Documents-- Copies of .................................................................................... 2.2 Record ...................................................................................... 6.19 Reuse of ..................................................................................... 3.7 Drawings--definition of ................................................................ 1.15 Easements ....................................................................................... 4.1 Effective date of Agreement--definition of ................................... 1.16 Emergencies ................................................................................. 6.23 ENGINEER-- as initial interpreter on disputes ........................................ 9.11-9.12 definition of .............................................................................. 1.17 Limitations on authority and responsibilities ........................................................................ 9.13

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Replacement of .......................................................................... 8.2 Resident Project Representative ................................................. 9.3 ENGINEER's Consultant--definition of ....................................... 1.18 ENGINEER's-- authority and responsibility, limitations on .............................. 9.13 Authorized Variations in the Work ............................................ 9.5 Change Orders, responsibility for ............................. 9.7,10, 11, 12 Clarifications and Interpretations ..................................... 3.6.3, 9.4 Decisions on Disputes ...................................................... 9.11-9.12 defective Work, notice of ......................................................... 13.1 Evaluation of Substitute Items ................................................ 6.7.3 Liability .......................................................................... 6.32, 9.12 Notice Work is Acceptable .................................................... 14.13 Observations .................................................................. 6.30.2, 9.2 OWNER's Representative .......................................................... 9.1 Payments to the CONTRACTOR, Responsibility for ............................................................... 9.9, 14 Recommendation of Payment ....................................... 14.4, 14.13 Responsibilities-- Limitations on ................................................................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ........................................................ 4.2.4 Shop Drawings and Samples, review responsibility .......................................................................... 6.26 Status During Construction-- authorized variations in the Work ............................................ 9.5 Clarifications and Interpretations ............................................. 9.4 Decisions on Disputes .................................................... 9.11-9.12 Determination on Unit Price .................................................. 9.10 ENGINEER as Initial Interpreter ................................... 9.11-9.12 ENGINEER's Responsibilities ......................................... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .................................................................... 9.13 OWNER's Representative ........................................................ 9.1 Project Representative .............................................................. 9.3 Rejecting Defective Work ........................................................ 9.6 Shop Drawings, Change Orders and Payments .......................................................................... 9.7-9.9 Visits to Site ............................................................................. 9.2 Unit Price Determinations ........................................................ 9.10 Visits to Site ............................................................................... 9.2 Written consent required ..................................................... 7.2, 9.1 Equipment, Labor, Materials and ............................................. 6.3-6.5 Equipment rental, Cost of the Work ....................................... 11.4.5.3 Equivalent Materials and Equipment .............................................. 6.7 Errors or omissions ....................................................................... 6.33 Evidence of Financial Arrangements ............................................ 8.11 Explorations of physical conditions ............................................. 4.2.1 Fee, CONTRACTOR's--Costs-Plus ............................................. 11.6 Field Order-- definition of ............................................................................. 1.19 issued by ENGINEER ...................................................... 3.6.1, 9.5 Final Application for Payment ................................................... 14.12 Final Inspection .......................................................................... 14.11 Final Payment-- and Acceptance ............................................................ 14.13-14.14 Prior to, for cash allowances .................................................... 11.8 General Provisions ............................................................... 17.3-17.4 General Requirements-- definition of ............................................................................. 1.20 principal references to ................................... 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ............................................................................... 17.1 Guarantee of Work--by CONTRACTOR ........................................................... 6.30, 14.12 Hazard Communication Programs ................................................ 6.22 Hazardous Waste-- definition of ............................................................................. 1.21 general ....................................................................................... 4.5 OWNER's responsibility for .................................................... 8.10 Indemnification .................................................. 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ....................................................... 2.9 Inspection-- Certificates of ..................................................... 9.13.4, 13.5, 14.12 Final ....................................................................................... 14.11

Special, required by ENGINEER ............................................... 9.6 Tests and Approval .................................................... 8.7, 13.3-13.4 Insurance-- Acceptance of, by OWNER ...................................................... 5.14 Additional, required by changes in the Work ....................................................................... 11.4.5.9 Before starting the Work ............................................................ 2.7 Bonds and--in general ................................................................... 5 Cancellation Provisions .............................................................. 5.8 Certificates of ................ 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ............................................................. 5.4.13 CONTRACTOR's Liability ........................................................ 5.4 CONTRACTOR's objection to coverage .................................. 5.14 Contractual Liability .............................................................. 5.4.10 deductible amounts, CONTRACTOR's responsibility ............................................................................ 5.9 Final Application for Payment ............................................... 14.12 Licensed Insurers ........................................................................ 5.3 Notice requirements, material changes .......................................................................... 5.8, 10.50 Option to Replace ..................................................................... 5.14 other special insurances ............................................................ 5.10 OWNER as fiduciary for insured ..................................... 5.12-5.13 OWNER's Liability .................................................................... 5.5 OWNER's Responsibility ........................................................... 8.5 Partial Utilization, Property Insurance ...................................... 5.15 Property .............................................................................. 5.6-5.10 Receipt and Application of Insurance Proceeds ................ 5.12-5.13 Special Insurance ...................................................................... 5.10 Waiver of Rights ...................................................................... 5.11 Intent of Contract Documents ...................................................3.1-3.4 Interpretations and Clarifications .......................................... 3.6.3, 9.4 Investigations of physical conditions .............................................. 4.2 Labor, Materials and Equipment ...............................................6.3-6.5 Lands-- and Easements ............................................................................ 8.4 Availability of ..................................................................... 4.1, 8.4 Reports & Tests .......................................................................... 8.4 Laws and Regulations--Laws or Regulations-- Bonds ...................................................................................5.1-5.2 Changes in the Work ................................................................ 10.4 Contract Documents ................................................................... 3.1 CONTRACTOR's Responsibilities .......................................... 6.14 Correction Period, defective Work ......................................... 13.12 Cost of the Work, taxes ...................................................... 11.4.5.4 definition of .............................................................................. 1.22 general ...................................................................................... 6.14 Indemnification ................................................................ 6.31-6.33 Insurance .................................................................................... 5.3 Precedence ....................................................................... 3.1, 3.3.3 Reference to ............................................................................ 3.3.1 Safety and Protection ....................................................... 6.20, 13.2 Subcontractors, Suppliers and Others ................................. 6.8-6.11 Tests and Inspections ................................................................ 13.5 Use of Premises ........................................................................ 6.16 Visits to Site ............................................................................... 9.2 Liability Insurance-- CONTRACTOR's ...................................................................... 5.4 OWNER's ................................................................................... 5.5 Licensed Sureties and Insurers ........................................................ 5.3 Liens-- Application for Progress Payment ............................................ 14.2 Contractor's Warranty of Title .................................................. 14.3 Final Application for Payment ............................................... 14.12 definition of .............................................................................. 1.23 Waiver of Claims ................................................................... 14.15 Limitations on ENGINEER's authority and responsibilities .......................................................................... 9.13 Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Maintenance and Operating Manuals-- Final Application for Payment ............................................... 14.12 Manuals (of others)-- Precedence ........................................................................... 3.3.3.1

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Reference to in Contract Documents ....................................... 3.3.1 Materials and equipment-- furnished by CONTRACTOR .................................................... 6.3 not incorporated in Work ......................................................... 14.2 Materials or equipment--equivalent ................................................ 6.7 Mediation (Optional) .................................................................... 16.7 Milestones--definition of .............................................................. 1.24 Miscellaneous-- Computation of Times ............................................................. 17.2 Cumulative Remedies .............................................................. 17.4 Giving Notice ........................................................................... 17.1 Notice of Claim ........................................................................ 17.3 Professional Fees and Court Costs Included ............................ 17.5 Multi-prime contracts ........................................................................ 7 Not Shown or Indicated ............................................................... 4.3.2 Notice of-- Acceptability of Project ......................................................... 14.13 Award, definition of ................................................................. 1.25 Claim ....................................................................................... 17.3 Defects ..................................................................................... 13.1 Differing Subsurface or Physical Conditions .......................... 4.2.3 Giving ...................................................................................... 17.1 Tests and Inspections ............................................................... 13.3 Variation, Shop Drawing and Sample ...................................... 6.27 Notice to Proceed-- definition of ............................................................................. 1.26 giving of ..................................................................................... 2.3 Notification to Surety ................................................................... 10.5 Observations, by ENGINEER ............................................... 6.30, 9.2 Occupancy of the Work ....................................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR .................................. 6.9, 9.13 "Open peril" policy form, Insurance ............................................ 5.6.2 Option to Replace ......................................................................... 5.14 "Or Equal" Items ............................................................................ 6.7 Other work ........................................................................................ 7 Overtime Work--prohibition of ...................................................... 6.3 OWNER-- Acceptance of defective Work ............................................... 13.13 appoint an ENGINEER .............................................................. 8.2 as fiduciary ...................................................................... 5.12-5.13 Availability of Lands, responsibility .......................................... 4.1 definition of ............................................................................. 1.27 data, furnish ............................................................................... 8.3 May Correct Defective Work ................................................. 13.14 May refuse to make payment ................................................... 14.7 May Stop the Work ................................................................ 13.10 may suspend work, terminate ...................................................... 8.3, 13.10, 15.1-15.4 Payment, make prompt ...........................................8.3, 14.4, 14.13 performance of other Work ........................................................ 7.1 permits and licenses, requirements ........................................... 6.13 purchased insurance requirements ...................................... 5.6-5.10 OWNER's-- Acceptance of the Work ..................................................... 6.30.2.5 Change Orders, obligation to execute ............................................................................ 8.6, 10.4 Communications ........................................................................ 8.1 Coordination of the Work .......................................................... 7.4 Disputes, request for decision .................................................. 9.11 Inspections, tests and approvals ........................................ 8.7, 13.4 Liability Insurance ..................................................................... 5.5 Notice of Defects ..................................................................... 13.1 Representative-- During Construction, ENGINEER's Status ................................................................. 9.1 Responsibilities-- Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material ............................................ 8.10 Change Orders ......................................................................... 8.6 Changes in the Work .............................................................. 10.1 communications ....................................................................... 8.1 CONTRACTOR's responsibilities ........................................... 8.9 evidence of financial arrangements ........................................ 8.11 inspections, tests and approvals ............................................... 8.7 Insurance .................................................................................. 8.5

lands and easements ................................................................. 8.4 prompt payment by ................................................................... 8.3 replacement of ENGINEER ..................................................... 8.2 reports and tests ........................................................................ 8.4 stop or suspend Work ........................................... 8.8, 13.10, 15.1 terminate CONTRACTOR's services .............................. 8.8, 15.2 separate representative at site ..................................................... 9.3 independent testing ................................................................... 13.4 use or occupancy of the Work ....................................... 5.15, 14.10 written consent or approval required .......................... 9.1, 6.3, 11.4 written notice required ............. 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs-- definition of .............................................................................. 1.29 general ........................................................................................ 4.5 OWNER's responsibility for ..................................................... 8.10 Partial Utilization-- definition of .............................................................................. 1.29 general ..................................................................... 6.30.2.4, 14.10 Property Insurance .................................................................... 5.15 Patent Fees and Royalties ............................................................. 6.12 Payment Bonds .........................................................................5.1-5.2 Payments, Recommendation of .................................. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion-- Application for Progress Payments ........................................... 14.2 CONTRACTOR's Warranty of Title ........................................ 14.3 Final Application for Payment ............................................... 14.12 Final Inspection ...................................................................... 14.11 Final Payment and Acceptance ..................................... 14.13-14.14 general .................................................................................. 8.3, 14 Partial Utilization ................................................................... 14.10 Retainage .................................................................................. 14.2 Review of Applications for Progress Payments ........................................................................ 14.4-14.7 prompt payment ......................................................................... 8.3 Schedule of Values ................................................................... 14.1 Substantial Completion .................................................... 14.8-14.9 Waiver of Claims ................................................................... 14.15 when payments due ....................................................... 14.4, 14.13 withholding payment ................................................................ 14.7 Performance Bonds ...................................................................5.1-5.2 Permits .......................................................................................... 6.13 Petroleum-- definition of .............................................................................. 1.30 general ........................................................................................ 4.5 OWNER's responsibility for ..................................................... 8.10 Physical Conditions-- Drawings of, in or relating to ................................................ 4.2.1.2 ENGINEER's review ............................................................... 4.2.4 existing structures .................................................................... 4.2.2 general .................................................................................. 4.2.1.2 Subsurface and, .......................................................................... 4.2 Underground Facilities ............................................................... 4.3 Possible Contract Documents Change ..................................... 4.2.5 Possible Price and Times Adjustments .................................... 4.2.6 Reports and Drawings ............................................................. 4.2.1 Notice of Differing Subsurface or, .......................................... 4.2.3 Subsurface and ........................................................................... 4.2 Subsurface Conditions .......................................................... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ................................................. 4.2.2 Underground Facilities-- general ...................................................................................... 4.3 Not Shown or Indicated ......................................................... 4.3.2 Protection of .................................................................... 4.3, 6.20 Shown or Indicated ................................................................ 4.3.1 Technical Data ........................................................................ 4.2.2 Preconstruction Conference ............................................................ 2.8 Preliminary Matters ........................................................................... 2 Preliminary Schedules .................................................................... 2.6 Premises, Use of ................................................................... 6.16-6.18 Price, Change of Contract ................................................................ 11 Price, Contract--definition of ........................................................ 1.11 Progress Payment, Applications for .............................................. 14.2 Progress payment--retainage ......................................................... 14.2

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Progress schedule, CONTRACTOR's ` ...................... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project--definition of .................................................................... 1.31 Project Representative-- ENGINEER's Status During Construction ................................. 9.3 Project Representative, Resident --definition of ........................................................................... 1.33 prompt payment by OWNER ......................................................... 8.3 Property Insurance Additional .................................................................................. 5.7 general ............................................................................... 5.6-5.10 Partial Utilization ....................................................... 5.15, 14.10.2 receipt and application of proceeds ......................................................................... 5.12-5.13 Protection, Safety and .................................................. 6.20-6.21, 13.2 Punch list .................................................................................... 14.11 Radioactive Material-- definition .................................................................................. 1.32 general ....................................................................................... 4.5 OWNER's responsibility for .................................................... 8.10 Recommendation of Payment .................................... 14.4, 14.5, 14.13 Record Documents ............................................................ 6.19, 14.12 Records, procedures for maintaining .............................................. 2.8 Reference Points ............................................................................. 4.4 Reference to Standards and Specifications of Technical Societies ................................................................ 3.3 Regulations, Laws and (or) ........................................................... 6.14 Rejecting Defective Work .............................................................. 9.6 Related Work-- at Site ................................................................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .............................................. 6.28 Remedies, cumulative ......................................................... 17.4, 17.5 Removal or Correction of Defective Work ...................................................................... 13.11 rental agreements, OWNER approval required .............................................................................. 11.4.5.3 replacement of ENGINEER, by OWNER ...................................... 8.2 Reporting and Resolving Discrepancies .................... 2.5, 3.3.2, 6.14.2 Reports-- and Drawings .......................................................................... 4.2.1 and Tests, OWNER's responsibility ........................................... 8.4 Resident Project Representative-- definition of ............................................................................. 1.33 provision for ............................................................................... 9.3 Resident superintendent, CONTRACTOR's ................................... 6.2 Responsibilities-- CONTRACTOR's-in general ........................................................ 6 ENGINEER's-in general ............................................................... 9 Limitations on ........................................................................ 9.13 OWNER's-in general .................................................................... 8 Retainage ...................................................................................... 14.2 Reuse of Documents ....................................................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ................................................ 6.25 Review of Applications for Progress Payments .......................................................................... 14.4-14.7 Right to an adjustment .................................................................. 10.2 Rights of Way ................................................................................ 4.1 Royalties, Patent Fees and ............................................................ 6.12 Safe Structural Loading ................................................................ 6.18 Safety-- and Protection ....................... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general ............................................................................. 6.20-6.23 Representative, CONTRACTOR's ........................................... 6.21 Samples-- definition of ............................................................................. 1.34 general .............................................................................. 6.24-6.28 Review by CONTRACTOR .................................................... 6.25 Review by ENGINEER .................................................. 6.26, 6.27 related Work ............................................................................ 6.28 submittal of ........................................................................... 6.24.2 submittal procedures ................................................................ 6.25 Schedule of progress ..................... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1

Schedule of Shop Drawing and Sample Submittals ..................................................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ................................................... 2.6, 2.8-2.9, 14.1 Schedules-- Adherence to ......................................................................... 15.2.1 Adjusting .................................................................................... 6.6 Change of Contract Times ........................................................ 10.4 Initially Acceptable ..............................................................2.8-2.9 Preliminary ................................................................................. 2.6 Scope of Changes ............................................................. 10.3-10.4 Subsurface Conditions .............................................................. 4.2.1.1 Shop Drawings-- and Samples, general ........................................................ 6.24-6.28 Change Orders & Applications for Payments, and ....................................................................9.7-9.9 definition of .............................................................................. 1.35 ENGINEER's approval of ........................................................ 3.6.2 ENGINEER's responsibility for review ................................................................ 9.7, 6.24-6.28 related Work ............................................................................. 6.28 review procedures ..................................................... 2.8, 6.24-6.28 submittal required .................................................................. 6.24.1 Submittal Procedures ................................................................ 6.25 use to approve substitutions ..................................................... 6.7.3 Shown or Indicated ...................................................................... 4.3.1 Site Access ............................................................................. 7.2, 13.2 Site Cleanliness ............................................................................. 6.17 Site, Visits to-- by ENGINEER .................................................................. 9.2, 13.2 by others ................................................................................... 13.2 "Special causes of loss" policy form, insurance ........................... 5.6.2 Specifications-- definition of .............................................................................. 1.36 of Technical Societies, reference to ......................................... 3.3.1 precedence ............................................................................... 3.3.3 Standards and Specifications of Technical Societies ..................................................................................... 3.3 Starting Construction, Before ...................................................2.5-2.8 Starting the Work ............................................................................ 2.4 Stop or Suspend Work-- by CONTRACTOR .................................................................. 15.5 by OWNER ............................................................ 8.8, 13.10, 15.1 Storage of materials and equipment ........................................ 4.1, 7.2 Structural Loading, Safety ............................................................ 6.18 Subcontractor-- Concerning ......................................................................... 6.8-6.11 definition of .............................................................................. 1.37 delays ....................................................................................... 12.3 waiver of rights ........................................................................ 6.11 Subcontractors--in general ....................................................... 6.8-6.11 Subcontracts--required provisions ........................... 5.11, 6.11, 11.4.3 Submittals-- Applications for Payment ......................................................... 14.2 Maintenance and Operation Manuals ..................................... 14.12 Procedures ................................................................................ 6.25 Progress Schedules .............................................................. 2.6, 2.9 Samples ............................................................................ 6.24-6.28 Schedule of Values ............................................................ 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................................................. 2.6, 2.8-2.9 Shop Drawings ................................................................. 6.24-6.28 Substantial Completion-- certification of ................................................... 6.30.2.3, 14.8-14.9 definition of .............................................................................. 1.38 Substitute Construction Methods or Procedures .......................... 6.7.2 Substitutes and "Or-Equal" Items ................................................... 6.7 CONTRACTOR's Expense .................................................. 6.7.1.3 ENGINEER's Evaluation ......................................................... 6.7.3 "Or-Equal" ............................................................................... 6.7.1 Substitute Construction Methods of Procedures ...................... 6.7.2 Substitute Items .................................................................... 6.7.1.2 Subsurface and Physical Conditions-- Drawings of, in or relating to ................................................ 4.2.1.2 ENGINEER's Review .............................................................. 4.2.4

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general ....................................................................................... 4.2 Limited Reliance by CONTRACTOR Authorized ............................................................................ 4.2.2 Notice of Differing Subsurface or Physical Conditions .............................................................. 4.2.3 Physical Conditions ............................................................. 4.2.1.2 Possible Contract Documents Change ..................................... 4.2.5 Possible Price and Times Adjustments .................................... 4.2.6 Reports and Drawings ............................................................. 4.2.1 Subsurface and ......................................................................... 4.2 Subsurface Conditions at the Site ....................................... 4.2.1.1 Technical Data ...................................................................... 4.2.2 Supervision-- CONTRACTOR's responsibility ................................................ 6.1 OWNER shall not supervise ...................................................... 8.9 ENGINEER shall not supervise ..................................... 9.2, 9.13.2 Superintendence ............................................................................. 6.2 Superintendent, CONTRACTOR's resident ............................... 6.2 Supplementary costs .................................................................. 11.4.5 Supplementary Conditions-- definition of ............................................................................. 1.39 principal reference to .................... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1 5.3, 5.4, 5.6-5.9, 5.11 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents .............................................. 3.6 Supplier-- definition of ............................................................................. 1.40 principal references to ......................................... 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights ...................................................................... 6.11 Surety-- consent to final payment ............................................. 14.12, 14.14 ENGINEER has no duty to ...................................................... 9.13 Notification of .........................................................10.1, 10.5, 15.2 qualification of ..................................................................... 5.1-5.3 Survival of Obligations ................................................................ 6.34 Suspend Work, OWNER May ........................................... 13.10, 15.1 Suspension of Work and Termination-- ............................................ 15 CONTRACTOR May Stop Work or Terminate ............................................................................... 15.5 OWNER May Suspend Work .................................................. 15.1 OWNER May Terminate ................................................. 15.2-15.4 Taxes-Payment by CONTRACTOR ............................................ 6.15 Technical Data-- Limited Reliance by CONTRACTOR .................................... 4.2.2 Possible Price and Times Adjustments .................................... 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................................................. 4.2.3 Temporary construction facilities ................................................... 4.1 Termination-- by CONTRACTOR ................................................................. 15.5 by OWNER ............................................................... 8.8, 15.1-15.4 of ENGINEER's employment .................................................... 8.2 Suspension of Work-in general ................................................... 15 Terms and Adjectives ..................................................................... 3.4 Tests and Inspections-- Access to the Work, by others .................................................. 13.2 CONTRACTOR's responsibilities ........................................... 13.5 cost of ...................................................................................... 13.4 covering Work prior to ..................................................... 13.6-13.7 Laws and Regulations (or) ....................................................... 13.5 Notice of Defects ..................................................................... 13.1 OWNER May Stop Work ...................................................... 13.10 OWNER's independent testing ................................................. 13.4 special, required by ENGINEER ............................................... 9.6 timely notice required .............................................................. 13.4 Uncovering the Work, at ENGINEER's request ............................................................................ 13.8-13.9 Times-- Adjusting ................................................................................... 6.6 Change of Contract ..................................................................... 12 Adjusting ................................................................................... 6.6 Computation of ........................................................................ 17.2 Contract Times--definition of ................................................... 1.12 day ......................................................................................... 17.72

Milestones ................................................................................... 12 Requirements-- appeals ....................................................................................... 16 clarifications, claims and disputes .................................................................. 9.11, 11.2, 12 commencement of contract times ............................................. 2.3 preconstruction conference ....................................................... 2.8 schedules .................................................................... 2.6, 2.9, 6.6 starting the Work ..................................................................... 2..4 Title, Warranty of ......................................................................... 14.3 Uncovering Work ................................................................. 13.8-13.9 Underground Facilities, Physical Conditions-- definition of .............................................................................. 1.41 Not Shown or Indicated ........................................................... 4.3.2 protection of ...................................................................... 4.3, 6.20 Shown or Indicated .................................................................. 4.3.1 Unit Price Work-- claims .................................................................................... 11.9.3 definitions of ............................................................................ 1.42 general .................................................................... 11.9, 14.1, 14.5 Unit Prices-- general ................................................................................... 11.3.1 Determination for ..................................................................... 9.10 Use of Premises .................................................... 6.16, 6.18, 6.30.2.4 Utility owners ................................................ 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ..................................... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ........................................................................ 11.3 Values, Schedule of ................................................. 2.6, 2.8-2.9, 14.1 Variations in Work--Minor Authorized ................................................................ 6.25, 6.27, 9.5 Visits of Site--by ENGINEER ........................................................ 9.2 Waiver of Claims--on Final Payment .................................................................................. 14.15 Waiver of Rights by insured parties ..................................... 5.11, 6.11 Warranty and Guarantee, General--by CONTRACTOR ....................................................................... 6.30 Warranty of Title, CONTRACTOR's ............................................ 14.3 Work-- Access to .................................................................................. 13.2 by others ........................................................................................ 7 Changes in the ............................................................................. 10 Continuing the, ......................................................................... 6.29 CONTRACTOR May Stop Work or Terminate ........................................................................... 15.5 Coordination of .......................................................................... 7.4 Costs of the ....................................................................... 11.4-11.5 definition of .............................................................................. 1.43 neglected by CONTRACTOR ................................................ 13.14 other Work .................................................................................... 7 OWNER May Stop Work ....................................................... 13.10 OWNER May Suspend Work ........................................ 13.10, 15.1 Related, Work at Site ............................................................7.1-7.3 Starting the ................................................................................. 2.4 Stopping by CONTRACTOR ................................................... 15.5 Stopping by OWNER ....................................................... 15.1-15.4 Variation and deviation authorized, minor ........................................................................................ 3.6 Work Change Directive-- claims pursuant to ..................................................................... 10.2 definition of .............................................................................. 1.44 principal references to ........................................... 3.5.3, 10-1-10.2 Written Amendment-- definition of .............................................................................. 1.45 principal references to ................. 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................................................ 3.6.3, 9.4, 9 .11 Written Notice Required-- by CONTRACTOR ....................... 7.1, 9.10--9.11, 10.4, 11.2, 12.1 by OWNER ......................................... 9.10-9.11, 10.4, 11.2, 13.14

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GENERAL CONDITIONS

ARTICLE 1--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:

1.1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents.

1.2. Agreement--The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.3. Application for Payment--The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

1.4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

1.5. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

1.6. Bidding Documents--The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

1.7. Bidding Requirements--The advertisement or invitation to Bid, instructions to bidders, and the Bid form.

1.8. Bonds--Performance and Payment bonds and other instruments of security.

1.9. Change Order--A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

1.10. Contract Documents--The Agreement, Addenda (which pertain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and classifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents.

1.11. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).

1.12. Contract Times--The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13.

1.13. CONTRACTOR--The person, firm or corporation with whom the OWNER has entered into the Agreement.

1.14. defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).

1.15. Drawings--The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined.

1.16. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

1.17. ENGINEER--The person, firm or corporation named as such in the Agreement.

1.18. ENGINEER's Consultant--A person, firm, or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.

1.19. Field Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times.

1.20. General Requirements--Sections of Division 1 of the Specifications.

1.21. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

1.22. Laws and Regulations: Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

1.23. Liens--Liens, charges, security interests or encumbrances upon real property or personal property.

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1.24. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

1.25. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement.

1.26. Notice to Proceed--A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents.

1.27. OWNER--The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

1.28. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.29. PCBs--Polychlorinated biphenyls.

1.30. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils.

1.31. Project--The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

1.32. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

1.33. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the site or any part thereof.

1.34. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

1.35. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work.

1.36. Specifications--Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

1.37. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

1.38. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof.

1.39. Supplementary Conditions--The part of the Contract Documents which amends or supplements these General Conditions.

1.40. Supplier--A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.

1.41. Underground Facilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

1.42. Unit Price Work--Work to be paid for on the basis of unit prices.

1.43. Work--The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.

1.44. Work Change Directive--A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2.

1.45. Written Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.

ARTICLE 2--PRELIMINARY MATTERS

Delivery of Bonds:

2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds

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as CONTRACTOR may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

Commencement of Contract Times; Notice to Proceed:

2.3. The Contract Times 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 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

Starting the Work:

2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run.

Before Starting Construction:

2.5. Before undertaking each part of the Work, CONTRACT-OR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof.

2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review:

2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2.6.2. a preliminary schedule for Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal;

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.

2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with paragraphs 5.4, 5.6 and 5.7.

Preconstruction Conference:

2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records.

Initially Acceptable Schedules:

2.9. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefore. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance.

ARTICLE 3--CONTRACT DOCUMENT: INTENT, AMENDING, REUSE

Intent:

3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project.

3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4.

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3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies:

3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof.

3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and:

3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or

3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents.

3.4. Whenever in the Contract Documents the terms" as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the

design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be 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 of paragraph 9.13 or any other provision of the Contract Documents.

Amending and Supplementing Contract Documents:

3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

3.5.1. a formal Written Amendment.

3.5.2. a Change Order (pursuant to paragraph 10.4), or

3.5.3. a Work Change Directive (pursuant to paragraph 10.1).

3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways:

3.6.1. a Field Order (pursuant to paragraph 9.5),

3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or

3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4).

Reuse of Documents:

3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER.

ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

Availability of Lands:

4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but

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specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.2. Subsurface and Physical Conditions:

4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of:

4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and

4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents.

4.2.2. Limited Reliance by CONTRACTOR Authorized: Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data." CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to:

4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or

4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or

4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.

4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:

4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or

4.2.3.2. is of such a nature as to require a change in the Contract Documents, or

4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or

4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then

CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions.

4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change.

4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following:

4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive;

4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment;

4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and

4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if;

4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or

4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or

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4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3.

If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefore as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project.

4.3. Physical Conditions--Underground Facilitates:

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 Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and

4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work.

4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR 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 Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project.

Reference Points:

4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR 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 responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.

4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:

4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.

4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefore as provided in Articles 11 and 12.

4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefore as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7.

4.5.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all

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claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negligence.

4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site.

ARTICLE 5--BONDS AND INSURANCE

Performance, Payment and Other Bonds:

5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER.

5.3. Licensed Sureties and Insurers; Certificates of Insurance:

5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.

5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is

required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof.

CONTRACTOR's Liability Insurance:

5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provided protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts;

5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees;

5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees;

5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR , or (ii) by any other person for any other reason;

5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting there from; and

5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall:

5.4.7. with respect to insurance required by paragraphs 5.4.3. through 5.4.6 inclusive, include as additional insured (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insured, and include coverage for the respective officers and employees of all such additional insured;

5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater;

5.4.9. include completed operations insurance;

5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33;

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5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide);

5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and

5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter).

OWNER's Liability Insurance:

5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents.

Property Insurance:

5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

5.6.1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions;

5.6.3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and

5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued.

5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.

5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11.

5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.

5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER.

5.11. Waiver of Rights:

5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the

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rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.

5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of any of them, for:

5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and

5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13.

Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of any of them.

Receipt and Application of Insurance Proceeds

5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.

5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties.

Acceptance of Bonds and Insurance; Option to Replace;

5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and

CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work , or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly.

Partial Utilization--Property Insurance:

5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies 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 CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR.

Labor, Materials and Equipment:

6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER.

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6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work.

6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents.

Progress Schedule:

6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below:

6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.

6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12.

6.7. Substitutes and "Or-Equal" Items:

6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances:

6.7.1.1. "Or-Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items.

6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or-equal" item under

subparagraph 6.7.1.1., it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute.

6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or-equal" or substitute item will be at CONTRACTOR's expense.

6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2.

6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or-equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in

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evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item.

Concerning Subcontractors, Suppliers and Others:

6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.

6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organization (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be removed on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work.

6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER and 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 payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations.

6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR.

6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same.

Patent Fees and Royalties:

6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents.

Permits:

6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees.

Laws and Regulations:

6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations.

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6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting there from; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR or CONTRACTOR's obligations under paragraph 3.3.2.

Taxes:

6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

Use of Premises:

6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work.

6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents.

6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

Record Documents:

6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all

approved Samples and a counter part of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion 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 programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

6.20.1. all persons on the Work site or who may be affected by the Work;

6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not 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 safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

Safety Representative:

6.21. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

Hazard Communication Program:

6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations.

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Emergencies:

6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action.

6.24. Shop Drawings and Samples:

6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26.

6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications.

6.25. Submittal Procedures:

6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified:

6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto.

6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and

6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.

CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal.

6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawings or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation.

6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals.

6.27. ENGINEER's review and approval of Shop Drawings 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 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1.

6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR.

Continuing the Work:

6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing.

6.30. CONTRACTOR's General Warranty and Guarantee

6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by:

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6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or

6.30.1.2. normal wear and tear under normal usage.

6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents:

6.30.2.1. observations by ENGINEER;

6.30.2.2. recommendation of any progress or final payment by ENGINEER;

6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents;

6.30.2.4. use or occupancy of the Work or any part thereof by OWNER;

6.30.2.5. any acceptance by OWNER or any failure to do so;

6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13;

6.30.2.7. any inspection, test or approval by others; or

6.30.2.8. any correction of defective Work by OWNER.

Indemnification:

6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity.

6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them

to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts.

6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence errors or omissions of any of them.

Survival of Obligations:

6.34. All representatives, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement.

ARTICLE 7--OTHER WORK

Related Work at Site:

7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefore which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRACTOR may make a claim therefore as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof.

7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors.

7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable

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for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work.

Coordination:

7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions:

7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified;

7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and

7.4.3. the extent of such authority and responsibilities will be provided.

Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination.

ARTICLE 8--OWNER'S RESPONSIBILITIES

8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER.

8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER.

8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13.

8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents.

8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10.

8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4.

8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4.

8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances.

8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents.

8.10. OWNER's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5.

8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions.

ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION

OWNER's Representative:

9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER.

Visits to Site:

9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, 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 generally to the Contract Documents. On the basis of such visits and on-site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on-site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on-site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work.

Project Representative:

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9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions.

Clarifications and Interpretations:

9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefore as provided in Article 11 or Article 12.

Authorized Variations in Work:

9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefore as provided in Article 11 or 12.

Rejecting Defective Work:

9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.

Shop Drawings, Change Orders and Payments:

9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive.

9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12.

9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.

Determinations for Unit Price:

9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC-A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11.

Decisions on Disputes:

9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR.

9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or

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9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) 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 other matter pursuant to Article 16.

9.13. Limitations on ENGINEER's Authority and Responsibilities:

9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them.

9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents.

9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work.

9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents.

9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants.

ARTICLE 10--CHANGES IN THE WORK

10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).

10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work

Change Directive, a claim may be made therefore as provided in Article 11 or Article 12.

10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of any emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9.

10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering:

10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties;

10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and

10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11;

provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29.

10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly.

ARTICLE 11--CHANGE OF CONTRACT PRICE

11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price.

11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise

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agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.

11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows:

11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive);

11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2);

11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6).

Cost of the Work:

11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amount 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 11.5:

11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER.

11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.

11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, CONTRACTOR shall

obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.

11.4.5. Supplemental costs including the following:

11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.

11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR.

11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental 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 the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations.

11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is

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placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2.

11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.

11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone 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.

11.5. The term Cost of the Work shall not include any of the following:

11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1. or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee.

11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site.

11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.

11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above).

11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.

Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.

11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows:

11.6.1. a mutually acceptable fixed fee

11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data.

Cash Allowance:

11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that:

11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and

11.8.2. CONTRACTOR's cost for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid.

Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

11.9. Unit Price Work:

11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10.

11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item.

11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if:

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11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and

11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and

11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 12--CHANGE OF CONTRACT TIMES

12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1.

12.2. All time limits stated in the Contract Documents are of the essence of the Agreement.

12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR.

12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods,

epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7.

ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13.

Access to Work:

13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdiction interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable.

Tests and Inspections:

13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except:

13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below;

13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and

13.4.3. as otherwise specifically provided in the Contract Documents.

13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work.

13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation.

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13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice.

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 ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and 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 therefore as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.

OWNER May Stop the Work:

13.10. If the Work is defective, 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 any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party.

Correction or Removal of Defective Work:

13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others).

13.12. Correction Period:

13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to

OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting there from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR.

13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment.

13.12.3. Where defective Work (and damage to other Work resulting there from) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

Acceptance of Defective Work:

13.13. If, instead of requiring correction or removal and replacement of defective Work OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, 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 therefore as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.

OWNER May Correct Defective Work:

13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, of if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to

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exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefore as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.

ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION

Schedule of Values:

14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed.

Application for Progress Payment

14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

CONTRACTOR's Warranty of Title:

14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens.

Review of Applications for Progress Payment:

14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief:

14.5.1. the Work has progressed to the point indicated.

14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, 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 qualifications stated in the recommendation), and

14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work.

However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR.

14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents.

14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because:

14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement,

14.7.2. the Contract Price has been reduced by Written Amendment or Change Order,

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14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or

14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive.

OWNER may refuse to make payment of the full amount recommended by ENGINEER because:

14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work,

14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens.

14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or

14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.71. through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive;

but OWNER must have CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action.

Substantial Completion:

14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. 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 Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER

and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.

14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Partial Utilization:

14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following:

14.10.1. OWNER at any time may request CONTRACTOR 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 CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance.

Final Inspection:

14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

Final Application for Payment:

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14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien.

Final Payment and Acceptance:

14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application.

14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, 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 Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Waiver of Claims:

14.15. The making and acceptance of final payment will constitute:

14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to

paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and

14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.

ARTICLE 15--SUSPENSION OF WORK AND TERMINATION

OWNER May Suspend Work:

15.1. At any time and without cause, OWNER may suspend the Work, or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12.

OWNER May Terminate:

15.2. Upon the occurrence of any one or more of the following events:

15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6);

15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;

15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or

15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents;

OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent 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 of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by

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OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed.

15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability.

15.4. Upon seven day's written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items);

15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and

15.4.4. for reasonable expenses directly attributable to termination.

CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

CONTRACTOR May Stop Work or Terminate:

15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application of Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER and ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGINEER stop the Work until payment of all such amount due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph.

ARTICLE 16--DISPUTE RESOLUTION

If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute.

ARTICLE 17--MISCELLANEOUS

Giving Notice:

17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

Computation of Times:

17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day.

Notice of Claim:

17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission 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 provisions of any applicable statute of limitations or repose.

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Cumulative Remedies:

17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.

Professional Fees and Court Costs Included:

17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs.

[The remainder of this page was left blank intentionally.]

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INDEX TO SUPPLEMENTAL GENERAL CONDITIONS

ACCESS TO RECORDS/MAINTENANCE OF RECORDS 69

BUILDER'S RISK INSURANCE 55

CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS 67

CONFLICT OF INTEREST 70

DRUG-FREE WORKPLACE AFFIDAVIT 70

ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA 39

FLOOD DISASTER PROTECTION 69

FEDERAL LABOR STANDARDS PROVISIONS 44

PAYMENTS TO CONTRACTOR 40

PHOTOGRAPHS OF PROJECT 54

PROJECT SIGN 70

PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE 54

SCHEDULE OF MINIMUM HOURLY WAGE RATES 54

SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION 68

SPECIAL EQUAL OPPORTUNITY PROVISIONS 55

SPECIAL HAZARDS 54

STATED ALLOWANCES 39

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1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Nos. Heating and Ventilating: " Plumbing: " Electrical: " " "

SPECIFICATIONS: General Construction Page to , incl. Page to , incl. Heating and Ventilating: Page to , incl. Plumbing: Page to , incl. Electrical: Page to , incl. Page to , incl. Page to , incl.

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

2. STATED ALLOWANCES

Pursuant to Article 11.8 of the General Conditions, the Contractor shall include the following cash allowances in his proposal: (a) For (Page of Specifications) $

(b) For (Page of Specifications) $

(c) For (Page of Specifications) $

(d) For (Page of Specifications) $

(e) For (Page of Specifications) $

(f) For (Page of Specifications) $

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Lateral D - G0.01 through C7.01 Lateral G - G0.01 through C7.22

00 01 10 35 43 00

Lateral D Wood Fence Repair 01 22 00-4

Lateral G Wood Fence Repair 01 22 00-4

Lateral G Curb & SW Repair 01 22 00-4

Lateral G Pavement Repair 01 22 00-4

10,000

10,000

5,000

10,000

3.

A.

Payments to Contractor

1. To insure the proper performance of this contract, the Owner shall retain five

percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided that the Contractor shall submit his estimate not later than the first day of the month: Provided further that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions.

2. In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration.

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

4. Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workers, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

B. Payments by Contractor

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The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractor's interest therein.

C. Time for Completion and Liquidated Damages

It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed". The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates.

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

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

(b) To unforeseeable cause beyond the control and without the fault or

negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and

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

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

D. Protection of Lives and Health

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

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

F. Interest of Member of or Delegate to Congress

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

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

H. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of

the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final clean-up of punch list items or other contract requirements.

(b) Secures endorsement from the insurance carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or,

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

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

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

4. FEDERAL LABOR STANDARDS PROVISIONS

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Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages

All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less than often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(iv). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 FR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(a) Any class of laborers or mechanics which is not listed in the wage

determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

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(1) 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 fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

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

(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representative, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including the fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

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

2. Withholding

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

3. (i) Payrolls and basic records.

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

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

(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the

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

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

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

(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section.

(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representative of HUD or its designee or the Department of Labor, and shall permit such representative to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.

4. (i) Apprentices.

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Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe

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benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees.

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

(iii) Equal employment opportunity.

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

5. Compliance with Copeland Act requirements.

The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract.

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6. Subcontracts.

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

7. Contract termination; debarment.

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

8. Compliance with Davis-Bacon and Related Act Requirements.

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

9. Disputes concerning labor standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes 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 designee, the U.S. Department of Labor, or the employees or their representatives.

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10. Certification of Eligibility.

(i) 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 Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ...influencing in any way the action of such Administration ...makes, utters or publishes any statement, knowing the same to be false ...shall be fined not more than $5,000 or imprisoned not more than two years, or both."

11. Complaints, Proceedings, or Testimony by Employees.

No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract 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 under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act

As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 1. Overtime requirements.

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

2. Violation; liability for unpaid wages, liquidated damages.

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

3. Withholding for unpaid wages and liquidated damages.

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

4. Subcontracts.

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

C. Health and Safety

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1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). 3. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

5. SPECIAL HAZARDS

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

6. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE As required under Article 5 of the General Conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $___________ for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $____________ on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $___________. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance of this type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy.

7. PHOTOGRAPHS OF PROJECT As provided in Paragraph 3.I of the Supplemental General Conditions, the Contractor will furnish photographs in the number, type, and stage as enumerated below:

8. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS REQUIRED UNDER PARAGRAPH 4.B OF THE SUPPLEMENTAL GENERAL CONDITIONS Given on Pages _______, _______ and _______.

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1,000,000500,000

500,000

9. BUILDER'S RISK INSURANCE

As provided in the General Conditions, Article 5.6, the Contractor will not maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the Owner, the Contractor, and all Subcontractors, as their interests may appear.

10. SPECIAL EQUAL OPPORTUNITY PROVISIONS

A. Activities and Contracts Not Subject to Executive Order 11246, as Amended

(Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.)

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

1. The Contractor shall not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin. TheContractor shall take affirmative action to ensure that applicants foremployment are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, or national origin. Such actionshall include, but not be limited to, the following: employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship.

2. The Contractor shall post in conspicuous places, available to employees andapplicants for employment, notices to be provided by Contracting Officer settingforth the provisions of this nondiscrimination clause. The Contractor shall statethat all qualified applicants will receive consideration for employment withoutregard to race, color, religion, sex, or national origin.

3. Contractors shall incorporate foregoing requirements in all subcontracts.

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

1. Section 202 Equal Opportunity Clause

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

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a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin.

c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others.

f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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g. The Contractor will include the provisions of the sentence immediately preceding paragraph a. and the provisions of paragraphs a. through g. in every subcontract or purchase order unless exempted by rules, regulations, orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

2. Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000.)

a. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

b. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for Goals for minority female participation participation

Insert Goals Insert Goals

__________________ _________________ NOTE:

THESE GOALS MUST BE PROVIDED. Also, list State Geographic Area to be covered on following page.

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction.

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32.3% 6.9%

The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

c. The Contractor shall provide written notification to the Director of theOffice of Federal Contract Compliance Programs within 10 workingdays of award of any construction subcontract in excess of $10,000 atany tier for construction work under the contract resulting from thissolicitation. The notification shall list the name, address, andtelephone number of the subcontractor; employer identificationnumber; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area inwhich the contract is to be performed.

d. As used in this Notice, and in the contract resulting from thissolicitation, the "covered area" is _________________________________________________________________________.

3. Standard Federal Equal Employment Opportunity Construction ContractSpecifications (Executive Order 11246)

a. As used in these specifications:

(1) "Covered area" means the geographical area described in the solicitation from which this contract resulted;

(2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

(3) "Employer identification number" means the federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;

(4) "Minority" includes:

(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

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Shelby County, Tennessee

(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish Culture or origin, regardless of race);

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

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

b. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

c. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

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d. The Contractor shall implement the specific affirmative action standards provided in paragraphs g.(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

e. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

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

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

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(1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

(2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization’s responses.

(3) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.

(4) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

(5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under g.(2) above.

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(6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

(7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

(8) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

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

(10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.

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(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.

(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

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

(14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations g.(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under g.(1) through (16) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non-compliance.

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i. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

j. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

k. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

l. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

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

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n. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractor shall not be required to maintain separate records.

o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

C. Certification of Nonsegregated Facilities (Over $10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, ***transportation and housing facilities provided for employees which are segregated on the basis of race, color, religion, or are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).

D. Civil Rights Act of 1964

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Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

E. Section 109 of the Housing and Community Development Act of 1974

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

F. "The Section 3 Clause"

1. The work to be performed under this contract is on a project assistedunder a program providing direct Federal financial assistance from theDepartment of Housing and Urban Development and is subject to therequirements of section 3 of the Housing Urban Development Act of1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to thegreatest extent feasible, opportunities for training and employment begiven to lower income residents of the area of the Section 3 coveredproject, and contracts for work in connection with the project beawarded to business concerns which are located in, or owned insubstantial part by persons residing in the area of the Section 3 covered project.

2. The parties to this contract will comply with the provisions of saidSection 3 and the regulations issued pursuant thereto by the Secretaryof Housing and Urban Development set forth in 24 Part CFR 135, andall applicable rules and orders of the Department issued thereunderprior to the execution of this contract. The parties to this contract certifyand agree that they are under no contractual or other disability whichwould prevent them from complying with these requirements.

3. The contractor will send to each labor organization or representative ofworkers with which he has a collective bargaining agreement or othercontract or understanding, if any, a notice advising the said labororganization or workers' representative of his commitments under thisSection 3 clause and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment ortraining.

4. The contractor will include this Section 3 clause in every subcontract forwork in connection with the project and will, at the direction of theapplicant for or recipient of Federal Financial assistance, takeappropriate action pursuant to the subcontract upon a finding that thesubcontractor is in violation of regulations issued by the Secretary ofHousing and Urban Development, 24 CFR Part 135. The contractor willnot subcontract with any subcontractor where it has notice orknowledge that the latter has been found in violation of regulationsunder 24 CFR part 135 and will not let any subcontract unless thesubcontractor has first provided it with a preliminary statement of abilityto comply with the requirements of these regulations.

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5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

G. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

H. Section 504 Handicapped Non-Discrimination for Handicapped Workers No otherwise qualified handicapped individual in the U.S., as defined in Section 7, Paragraph 6 of the Rehabilitation Act of 1973 shall, solely by reason of this handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

11. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this contract the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the Owner, the following:

1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

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2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions.

12. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION A. Lead-Based Paint Hazards

(Applicable to contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The Contractor and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under sub-part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof.

B. Use of Explosives (Modify as Required) When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of intention to use explosives at least eight hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the engineer, does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use.

C. Danger Signals and Safety Devices (Modify as Required)

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The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications or contract.

13. FLOOD DISASTER PROTECTION This Contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). Nothing included as a part of this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under the Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973.

14. ACCESS TO RECORDS/MAINTENANCE OF RECORDS The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the locality to assure proper accounting for all funds. These records will be available for audit purposes to the locality or the State or any other authorized representative, and will be retained for three years after contract completion unless permission to destroy them is granted by the locality. Moreover, the locality, State, or any authorized representative shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

15. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest.

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16. DRUG-FREE WORKPLACE

Under the provisions of Tennessee Code Annotate § 50-9-113 enacted by the GeneralAssembly effective 2001, a) employers with five (5) or more employees who contractwith either the state or a local government to provide construction services are requiredto submit an affidavit stating that they have a drug free workplace program that complieswith Title 50, Chapter 9, in effect at the time of submission of a bid at least to the extentrequired of governmental entities. The statute, imposes other requirements on thecontractor, but the grantee’s responsibility is specifically limited in section (b) of the stateas follows:

(b) A written affidavit by the principal officer of a covered employer provided to a local government at the time such bid or contract is submitted stating that the employer is in compliance with this section shall absolve the local government of all further responsibility under this section and any liability arising from the employer’s compliance or failure of compliance with the provisions of this section.

17. PROJECT SIGN

A project sign is required to be erected. The sign must include the information

contained on the following specification sheet

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CONSTRUCTION SIGN FOR: THE CITY OF GERMANTOWN, TENNESSEE BLACK LETTERS ON A WHITE BACKGROUND

HEVETICA MEDIUM LETTERING

THE CITY OF GERMANTOWN

DISASTER RECOVERY PROJECT BANK AND STREAMBED STABILIZATION

Tennessee Disaster Recovery Grant Award of $

Administering Agencies: State of Tennessee

Department of Economic and Community Development Community and Rural Development

Engineering Design / Survey / Planning

Barge Design Solutions Inc. Memphis, Tennessee Grant Administration SIC Project Management, Rossville, Tennessee

Contractor____________________________________ Federal Law prohibits discrimination because of race, Donald Trump, President

color, religion, sex, national origin, age, marital status, Bill Lee, Governor, State of Tennessee and physical/mental handicap. Bob Rolfe, Commissioner, State of Tennessee

PLYWOOD PANEL (APA RATED A-B GRADE -- EXTERIOR SIGN DIMENSIONS: 1200MM X 2400MM x 19MM (4' X 8' X 3/4")

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S-1

SPECIFICATIONS

GERMANTOWN BANK AND STREAMBED STABILIZATION

CDBG – DISASTER RECOVERY PROJECT

GERMANTOWN, TENNESSEE

CONTRACT NO.

56217

BARGE DESIGN SOLUTIONS, INC. 60 GERMANTOWN COURT

SUITE 100 MEMPHIS, TENNESSEE 38018

901-755-7166

Section 01 11 00 Summary of Work

Owner Project # 56217 08/07/18 Barge Project # 34399-13

Part 1 General

1.1 Section Includes

A. Work by Contractor.

B. Contractor Use of Site and Premises

C. Quantities

1.2 Work by Contractor

A. The work to be performed under this Contract shall consist of furnishing all labor, materials, tools, equipment and incidentals and performing all work required to construct complete in place and ready to operate the improvements shown in the Contract Documents. These improvements include, but are not limited to, the following:

1. Lateral D – Stabilizing the west bank by armoring areas of concentrated flow

2. Lateral G – Stabilizing the stream bed by installing a sheet pile weir through the channel. The west bank will be stabilized by cutting back slopes and armoring using articulated concrete matting and turf reinforcing.

B. All work described above shall be performed as shown on the Drawings and as specified.

C. Project Location

1. The equipment and materials to be furnished will be installed at the locations shown on the Drawings.

1.3 Contractor Use of Site and Premises

A. See Section 01 35 00.

1.4 Quantities

A. The Owner reserves the right to alter the quantities of work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered, increased or decreased. Payment for such increased or decreased quantity will be made in accordance with the Instructions to Bidders. No allowance will be made for any change in anticipated

01 11 00 - 2 Summary of Work


profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract and Bond.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 22 00 Unit Price Measurement and Payment


Part 1 General

1.1 Scope

A. The Bid lists each item of the Project for which payment will be made. No payment will be made for any items other than those listed in the Bid.

B. Required items of work and incidentals necessary for the satisfactory completion of the work which are not specifically listed in the Bid, and which are not specified in this Section to be measured or to be included in one of the items listed in the Bid, shall be considered as incidental to the work. All costs thereof, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various Bid items. The Contractor shall prepare the Bid accordingly.

C. Work includes furnishing all plant, labor, equipment, tools and materials, which are not furnished by the Owner and performing all operations required to complete the work satisfactorily in place as specified and as indicated on the Drawings.

1.2 Descriptions

A. Measurement of an item of work will be by the unit indicated in the Bid.

B. Final payment quantities shall be determined from the record drawings. The record drawing lengths, dimensions, quantities, etc. shall be determined by a survey after the completion of all required work. Said survey shall conform to [Section 01 78 39] of these Specifications. The precision of final payment quantities shall match the precision shown for that item in the Bid.

C. Payment will include all necessary and incidental related work not specified to be included in any other item of work listed in the Bid.

D. Unless otherwise stated in individual sections of the Specifications or in the Bid, no separate payment will be made for any item of work, materials, parts, equipment, supplies or related items required to perform and complete the work. The costs for all such items required shall be included in the price bid for item of which it is a part.

E. Payment will be made by extending unit prices multiplied by quantities provided and then summing the extended prices to reflect actual work. Such price and payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, tools and materials not furnished by the Owner and for performing all operations required to provide to the Owner the entire Project complete in place as specified and as indicated on the Drawings.

F. “Products” shall mean materials or equipment permanently incorporated into the work.

01 22 00 - 2 Unit Price Measurement and Payment


1.3 Mobilization

A. Payment for mobilization shall be at the lump sum price shown in the Bid Form. The lump sum price shall be full compensation for all labor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.

1.4 Clearing and Grubbing

A. Clearing and grubbing will be paid for at the lump sum price shown in the Bid Form. This shall be full compensation for all removal of trees, shrubs, roots, removal of rip rap and material that has been washed downstream into the channel bottom, etc., disposal of such, and for all labor and material necessary for completion of this item in accord-ance with the drawings and specifications.

1.5 Excavation/Fill

A. Payment for excavation/fill shall be at the lump sum price shown in the Bid Form. The lump sum price shall be full compensation for removal of all required excavation, all required fill, all reshaping of existing slopes, and for all labor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.

1.6 Seeding and Mulching

A. Payment for seeding and mulching shall be at the unit price per acre as shown in the Bid Form. This shall be full compensation for all labor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.

1.7 Placing and Spreading Topsoil

A. Payment for placing and spreading topsoil shall be at the unit price per cubic yard as shown in the Bid Form. This shall be full compensation for all labor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.

1.8 Class A-1 Rip Rap with Grout

A. Payment for Class A-1 grouted rip rap shall be at the unit price per cubic yard as shown in the Bid Form. This shall be full compensation for hauling, placement of rip rap, grout, and for all labor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.

B. Contractor shall submit certified weight tickets for verification of quantities.

1.9 Class A-3 Rip Rap

A. Payment for Class A-3 rip rap shall be at the unit price per ton as shown in the Bid Form. This shall be full compensation for hauling, placement of rip rap, and for all la-bor, materials and equipment required to complete the item in accordance with the Drawings and Specifications.




1.10 Class C Rip Rap with Grout

A. Payment for Cass C grouted rip rap shall be at the unit price per cubic yard as shown in the Bid Form. This shall be full compensation for hauling, placement of rip rap, grout, and for all labor, materials and equipment required to complete the item in ac-cordance with the Drawings and Specifications.


1.11 Turf Reinforcement Mat

A. Turf reinforced matting will be paid for at the unit price per square foot as shown in the Bid Form. This shall be full compensation for all labor equipment and material neces-sary for completion of this item in accordance with the drawings and specifications. The area that will be paid for is the flat projected area of the slope covered by the turf reinforced matting. Material required for any anchor trenches will not be measured, or paid for, separately. This price will include all anchors.

1.12 Concrete Block Mat

A. The articulated concrete block mat will be paid for at the unit price per square foot as shown in the Bid Form. This shall be full compensation for all labor equipment and material necessary for completion of this item in accordance with the drawings and specifications. The area that will be paid for is the flat projected area of slope covered by the concrete mat. Any turn downs required for anchoring the concrete mat at the bottom, top and sides will not be measured, or paid for, separately.

1.13 Geotextile

A. Geotextile will be paid for at the unit price per square yard as shown in the Bid Form. This shall be full compensation for all labor equipment and material necessary for completion of this item in accordance with the drawings and specifications. The areas that will be paid for include rip-rap, articulated concrete block mat, construction exit, and trenched areas.

1.14 Erosion and Sedimentation Control

A. General

1. No separate payment shall be made for temporary and/or permanent erosion and sedimentation controls, except as noted below. All other temporary and/or permanent erosion and sedimentation control costs shall be included in the unit price bid for the item to which it pertains.

2. No payment will be made for any portion of the Project for which temporary erosion and sedimentation controls are not properly maintained.



3. Quantities for payment shall be based upon actual quantity constructed and authorized by the Owner.

4. No separate payment shall be made for NPDES Permit Specialty Work.

B. Construction Exits: All costs for construction exits, including installation, maintenance, repair, and removal, shall be included in the unit price bid for Mobilization.

C. Reinforced Silt Fence: All costs for silt fence, including installation, maintenance, repair, replacement, and removal shall be included in the unit price bid for Reinforced Silt Fence.

D. Stone Check Dam: All costs for constructing, maintaining, cleaning and removing check dam shown on the Drawings, specified or directed by the Engineer, shall be included in the unit price bid for Stone Check Dam.

1.15 Construction Fence

A. The 4’ high orange construction fence will be paid for at the unit price per linear foot as shown in the Bid Form. This shall be full compensation for all labor equipment and ma-terial necessary for completion of this item in accordance with the drawings and speci-fications.

1.16 Allowances

A. Wooden Fence Repair - An allowance for possible wooden fence repair shall be paid for at the allowance as shown in the Bid Form. This shall be compensation for all labor and equipment and material necessary for completion, and shall match the type and dimensions of the existing fence. The allowance will be paid only if needed, and is the maximum amount that will be paid. Any repairs beyond the allowance will be the re-sponsibility of the Contractor.

B. Sidewalk and Curb Repair – An allowance for possible sidewalk and curb repair shall be paid for at the allowance shown in the Bid Form. This shall be full equipment and material necessary for completion of this item in accordance with the drawings and specifications.

C. Pavement Repair – An allowance for possible pavement repair shall be paid for at the allowance shown in the Bid Form. This shall be full equipment and material neces-sary for completion of this item in accordance with the drawings and specifications.

END OF SECTION

Section 01 26 20 Weather Delays


Part 1 General

1.1 Extensions of Contract Time

A. If the basis exists for an extension of time in accordance with Article 6 of the Conditions, an extension of time on the basis of weather may be granted only for the number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for that month.

1.2 Standard Baseline for Average Climate Range

A. The Owner has reviewed weather data available from the National Oceanic and Atmospheric Administration (NOAA) and determined a Standard Baseline of average climatic range for the State of Tennessee.

B. Standard Baseline is defined as the normal number of calendar days for each month during which construction activity exposed to weather conditions is expected to be prevented and suspended by cause of adverse weather. Suspension of construction activity for the number of days each month as listed in the Standard Baseline is included in the Work and is not eligible for extension of Contract Time.

C. Standard Baseline is as follows:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 12 11 8 7 7 6 7 5 4 5 6 11

1.3 Adverse Weather and Weather Delays

A. Adverse Weather is defined as the occurrence of one or more of the following conditions within a twenty-four-hour day that prevents construction activity exposed to weather conditions or access to the site:

1. Precipitation (rain, snow, or ice) in excess of one-tenth inch liquid measure;

2. Temperatures that do not rise above that required for the day's construction activity, if such temperature requirement is specified or accepted as standard industry practice; and/or,

3. Sustained wind in excess of twenty-five m.p.h.

B. Adverse Weather may include, if appropriate, "dry-out" or "mud" days:

1. Resulting from precipitation days that occur beyond the standard baseline;

2. Only if there is a hindrance to site access or sitework and Contractor has taken all reasonable accommodations to avoid such hindrance; and,

3. At a rate no greater than one make-up day for each day or consecutive days of precipitation beyond the standard baseline that total one inch or more, liquid

01 26 20 - 2 Weather Delays


measure, unless specifically recommended otherwise by the Engineer. A Weather Delay Day may be counted if adverse weather prevents work on the project for fifty percent (50%) or more of the contractor's scheduled work day and critical path construction activities were included in the day’s schedule, including a weekend day or holiday if Contractor has scheduled construction activity that day.

C. Contractor shall take into account that certain construction activities are more

affected by adverse weather and seasonal conditions than other activities, and that “dry-out” or “mud” days are not eligible to be counted as a Weather Delay Day until the standard baseline is exceeded. Hence, Contractor should allow for an appropriate number of additional days associated with the Standard Baseline days in which such applicable construction activities are expected to be prevented and suspended.

1.4 Documentation and Submittals A. Submit daily jobsite work logs showing which and to what extent critical path construction

activities have been affected by weather on a monthly basis.

B. Submit actual weather data to support claim for time extension obtained from nearest NOAA weather station or other independently verified source approved by Engineer at beginning of project.

C. Use Standard Baseline data provided in this Section when documenting actual delays due to weather in excess of the average climatic range.

D. Organize claim and documentation to facilitate evaluation on a basis of calendar month periods and submit in accordance with the procedures for Claims established in Article 10 of the Conditions.

E. If an extension of the Contract Time is appropriate, such extension shall be made in accordance with the provisions of Article 6 of the Conditions, and the applicable General Requirements.

END OF SECTION

Section 01 29 00 Applications for Payment


PART 1 – GENERAL 1.1 REQUIREMENTS INCLUDED

A. Procedures for preparation and submittal of Applications for Payment. 1.2 RELATED REQUIREMENTS

A. Section 01 33 00 - Submittals: Submittal procedures.

1.3 FORMAT

A. AIA G702 - Application and Certificate for Payment B. For continuation sheet, use AIA G703 as a basis but add extra columns for

material, labor, overhead and profit, and freight to each line item. 1.4 PREPARATION OF APPLICATIONS

A. Type required information or use media-driven printout with prior approval by the A/E.

B. Execute certification by signature of authorized officer. C. Use data on accepted Schedule of Values. Provide dollar value in each column

for each line item for portion of work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing

Change Order number and dollar amount as for an original item of work.

1.5 SUBMITTAL PROCEDURES

A. Submit three (3) copies of each Application for Payment at times stipulated in Agreement.

1.6 SUBSTANTIATING DATA

A. When A/E requires substantiating information, submit data justifying line item amounts in question.

B. Provide one (1) copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description.

PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED

END OF SECTION

Section 01 28 00 Change Order Procedures


PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED

A. Procedures for processing Change Orders. 1.2 RELATED REQUIREMENTS

A. Agreement Forms: Monetary values of established Unit Prices.

B. General Conditions: Governing requirements for changes in the work, in Contract Cost, and Contract Time.

C. Modifications to General Conditions: Percentage allowances for Contractor's overhead

and profit.

D. Section 01 29 00 - Applications for Payment. 1.3 SUBMITTALS

A. Submit name of the individual authorized to accept changes, and to be responsible for informing others in Contractor's employ of changes in the work.

B. Change Order Forms: AIA G701.

1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME

A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the work.

B. Document each quotation for a change in cost or time with sufficient data to allow

evaluation of the quotation.

C. On request, provide additional data to support computations: 1. Quantities of itemized products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented.

D. Support each claim for additional costs, and for work done on a time and material basis,

with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly

documented. 1.5 PRELIMINARY PROCEDURES

A. A/E may submit a Proposal Request which includes: Detailed description of change with supplementary or revised Drawings and Specifications, the projected time for

01 28 00 - 2 Change Order Procedures


executing the change, and the period of time during which the requested price will be considered valid.

B. Contractor may initiate a change by submittal of a request to A/E describing the

proposed change with a statement of the reason for the change, and the effect on Contract Sum and Contract Time with full documentation, and a statement of the effect on work of separate contractors. Document any requested substitutions accordingly.

1.6 CONSTRUCTION CHANGE AUTHORIZATION

A. A/E may issue a directive, signed by Owner, instructing Contractor to proceed with a change in the work, for subsequent inclusion in a Change Order.

B. Directive will describe changes in the work and will designate method of determining

any change in Contract Sum or Contract Time.

C. Promptly execute the change in work. 1.7 UNIT PRICE CHANGE ORDER

A. Will be based on contract unit prices or Contractor's request for Change Order as approved by A/E.

1.8 TIME AND MATERIAL CHANGE ORDER

A. Submit itemized account and supporting data after completion of change, within time limits in General Conditions of the Contract.

B. A/E will determine the change allowable in Contract Sum and Contract Time as provided

in General Conditions of the Contract. 1.9 EXECUTION OF CHANGE ORDERS

A. A/E will issue Change Orders for signatures of parties as provided in General Conditions of the Contract.

1.10 CORRELATION OF CONTRACTOR SUBMITTALS

A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum as shown on Change Order.

B. Promptly revise progress schedules to reflect any change in contract time, revise sub

schedules to adjust times for other items of work affected by the change, and resubmit to the A/E.

C. Promptly enter changes in project record documents.

PART 2 PRODUCTS NOT USED

01 28 00 - 3 Change Order Procedures


PART 3 EXECUTION NOT USED END OF SECTION

Section 01 31 00 Project Management and Coordination


Part 1 General


A. Coordination

B. Project Meetings

C. Preconstruction Conference

D. Site Mobilization Conference

E. Project Coordination Meetings

F. Pre-installation Conferences

1.2 Coordination

A. Coordinate scheduling, submittals, and WORK of the various Sections of specifications to assure efficient and orderly sequence of installation for interdependent construction elements, with provisions for accommodating items installed later.

B. Verify that utility requirement characteristics of operating equipment are compatible with utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connection to, and placing in service, such equipment.

C. Coordinate space requirements and installation of mechanical and electrical WORK which are indicated diagrammatically on Drawings. Follow routing for pipes and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

1.3 Project Meetings

A. Work under this Section includes all scheduling and administering of pre-construction and progress meetings as herein specified and necessary for the proper and complete performance of this work.

B. Scheduling and Administration by Engineer:

1. Prepare agenda.

2. Make physical arrangements for the meetings.

3. Preside at meetings.

4. Record minutes and include significant proceedings and decisions.

01 31 00 - 2 Project Management and Coordination


5. Distribute copies of the minutes to participants.

1.4 Preconstruction Conference

A. The Engineer shall schedule the preconstruction conference prior to the issuance of the Notice to Proceed.

B. Representatives of the following parties are to be in attendance at the meeting:

1. Owner.

2. Engineer.

3. Contractor’s Project Manager and superintendent.

4. Major subcontractors.

5. Representatives of governmental or regulatory agencies when appropriate.

C. The agenda for the preconstruction conference shall consist of the following as a minimum:

1. [Execution of Owner-Contractor Agreement.]

2. [Submission of executed bonds and insurance certificates.]

3. Distribution of Contract Documents.

4. Submission of list of major Subcontractors, list of products, [Schedule of Values,] and a tentative construction schedule.

5. Critical work sequencing.

6. Designation of responsible personnel and emergency telephone numbers.

7. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, change orders and Contract closeout procedures.

8. Schedule and submittal of shop drawings, product data and samples.

9. Procedures for maintaining record documents.

10. Use of premises, including office and storage areas and Owner's requirements.

11. Major equipment deliveries and priorities.

12. Safety and first aid procedures.

13. Security procedures.



14. Housekeeping procedures.

15. Workhours.

1.5 Site Mobilization Conference

A. Engineer, Owner, Contractor will schedule a conference at the Project site prior to Contractor occupancy.

B. Attendance Required: Owner, Engineer, Special Consultants, Contractor, Contractor’s Superintendent, and major Subcontractors.

C. Agenda:

1. Use of premises by Owner and Contractor.

2. Owner’s requirements and partial occupancy.

3. Construction facilities and controls provided by Owner.

4. Temporary utilities provided by Owner.

5. Survey Layout.

6. Security procedures.

7. Housekeeping procedures.

8. Schedules.

9. Procedures for testing.

10. Procedures for maintaining record documents.

11. Requirements for start-up of equipment.

12. Inspection and acceptance of equipment put into service during construction period.

1.6 Project Coordination Meetings

A. Schedule regular monthly meetings as directed by the [Owner][Engineer].

B. Hold called meetings as the progress of the work dictates.

C. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. Engineer will record minutes, and distribute copies within two days to Contractor, Owner, participants, and those affected by decisions made.

D. Representatives of the following parties are to be in attendance at the meetings:



1. Owner.

2. Engineer.

3. Special Consultants, as appropriate.

4. Contractor’s Project Manager and superintendent.

5. Major subcontractors as pertinent to the agenda.

6. Representatives of governmental or other regulatory agencies as appropriate.

E. The minimum agenda for progress meetings shall consist of the following:

1. Review and approve minutes of previous meetings.

2. Review work progress since last meeting.

3. Note field observations, problems and decisions.

4. Identify problems which impede planned progress.

5. Review of submittals schedule and status of submittals.

6. Review off-site fabrication and delivery schedules.

7. Review of maintenance of construction schedule.

8. Review Contractor's corrective measures and procedures to regain plan schedule.

9. Review Contractor's revision to the construction schedule as outlined in the Supplementary Conditions.

10. Planned progress during succeeding WORK period.

11. Coordination of projected progress.

12. Maintenance of quality and work standards.

13. Review proposed changes for their effect on the construction schedule and completion date.

14. Complete other current business.

1.7 Pre-installation Conferences

A. When required in individual specification Section, Contractor shall convene a pre-installation conference at WORK site prior to commencing WORK of the Section.

B. Require attendance of parties directly affecting, or affected by, WORK of the specific



Section.

C. Notify Engineer and Owner four days in advance of meeting date.

D. Prepare agenda, preside at conference, record minutes, and distribute copies within two days after conference to participants, with two copies to Engineer.

E. Review conditions of installation, preparation and installation procedures, and coordination with related WORK.

Part 2 Products (NOT USED)

Part 3 Execution (NOT USED)

END OF SECTION

Section 01 31 19 Project Meetings


Part 1 General 1.1 Scope A. Work under this Section includes all scheduling and administering of pre-construction

and progress meetings as herein specified and necessary for the proper and complete performance of this work.

B. Scheduling and Administration by Engineer: 1. Prepare agenda. 2. Make physical arrangements for the meetings. 3. Preside at meetings. 4. Record minutes and include significant proceedings and decisions. 5. Distribute copies of the minutes to participants. 1.2 Preconstruction Conference A. The Engineer shall schedule the preconstruction conference prior to the issuance of the

Notice to Proceed. B. Representatives of the following parties are to be in attendance at the meeting: 1. Owner. 2. Engineer. 3. Contractor and superintendent. 4. Major subcontractors. 5. Representatives of governmental or regulatory agencies when appropriate. C. The agenda for the preconstruction conference shall consist of the following as a

minimum: 1. Distribute and discuss a list of major subcontractors and a tentative construction

schedule. 2. Critical work sequencing. 3. Designation of responsible personnel and emergency telephone numbers. 4. Processing of field decisions and change orders.

01 31 19 - 2 Project Meetings


5. Adequacy of distribution of Contract Documents. 6. Schedule and submittal of shop drawings, product data and samples. 7. Pay request format, submittal cutoff date, pay date and retainage. 8. Procedures for maintaining record documents. 9. Use of premises, including office and storage areas and Owner's requirements. 10. Major equipment deliveries and priorities. 11. Safety and first aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Work hours. 1.3 Project Coordination Meetings A. Attend regular monthly meetings as directed by the Engineer. B. Hold called meetings as the progress of the work dictates. C. The meetings shall be held at the location indicated by the Engineer. D. Representatives of the following parties are to be in attendance at the meetings: 1. Engineer. 2. Contractor and superintendent. 3. Major subcontractors as pertinent to the agenda. 4. Owner's representative as appropriate. 5. Representatives of governmental or other regulatory agencies as appropriate. E. The minimum agenda for progress meetings shall consist of the following: 1. Review and approve minutes of previous meetings. 2. Review work progress since last meeting. 3. Note field observations, problems and decisions. 4. Identify problems which impede planned progress.

01 31 19 - 3 Project Meetings


5. Review off-site fabrication problems. 6. Review Contractor's corrective measures and procedures to regain plan schedule. 7. Review Contractor's revision to the construction schedule as outlined in the

Supplementary Conditions. 8. Review submittal schedule; expedite as required to maintain schedule. 9. Maintenance of quality and work standards. 10. Review changes proposed by Owner for their effect on the construction schedule

and completion date. 11. Complete other current business.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 32 16 Construction Schedules


Part 1 General

1.1 Scope

A. Preparing, furnishing, distributing, and periodic updating of the construction schedules as specified herein.

B. The purpose of the schedule is to demonstrate that the Contractor can complete the overall Project within the Contract Time and meet all required interim milestones.

1.2 Submittals

A. Overall Project Schedule (OPS)

1. Submit the schedule within 10 days after date of the Notice to Proceed.

2. The Engineer will review the schedule and return it within 10 days after receipt.

3. If required, resubmit within 10 days after receipt of a returned copy.

B. Near Term Schedule (NTS)

1. Submit the first Near Term Schedule within 10 days of the Notice to Proceed.

2. The Engineer will review the schedule and return it within 10 days after receipt.

C. Submit an update of the OPS and NTS with each progress payment request.

D. Submit the number of copies required by the Contractor, plus four copies to be retained by the Engineer.

1.3 Approval

A. Approval of the Contractor's detailed construction program and revisions thereto shall in no way relieve the Contractor of any of Contractor's duties and obligations under the Contract. Approval is limited to the format of the schedule and does not in any way indicate approval of, or concurrence with, the Contractor's means, methods and ability to carry out the work.

1.4 Overall Project Schedule (OPS)

A. The Contractor shall submit to the Owner for approval a detailed Overall Project Schedule of the Contractor's proposed operations for the duration of the Project. The OPS shall be in the form of a Gantt/bar chart.

01 32 16 - 2 Construction Schedules


B. Gantt/Bar Chart Schedule

1. Each activity with a duration of five or more days shall be identified by a separate bar. Activities with a duration of more than 20 days shall be sub divided into separate activities.

2. The schedule shall include activities for shop drawing preparation and review, fabrication, delivery, and installation of major or critical path materials and equipment items.

3. The schedule shall show the proposed start and completion date for each activity. A separate listing of activity start and stop dates and working day requirements shall be provided unless the information is shown in text form on the Gantt/bar chart.

4. The schedule shall identify the Notice to Proceed date, the Contract Completion date, major milestone dates, and a critical path.

5. The schedule shall be printed on a maximum 11 x 17-inch size paper. If the OPS needs to be shown on multiple sheets, a simplified, one page, summary bar chart showing the entire Project shall be provided.

6. The schedule shall have a horizontal time scale based on calendar days and shall identify the Monday of each week.

7. The schedule shall show the precedence relationship for each activity.

1.5 Near Term Schedule (NTS)

A. The Contractor shall develop and refine a detailed Near Term Schedule showing the day to day activities with committed completion dates which must be performed during the upcoming 30-day period. The detailed schedule shall represent the Contractor's best approach to the Work which must be accomplished to maintain progress consistent with the Overall Project Schedule.

B. The Near Term Schedule shall be in the form of Gantt/bar chart and shall include a written narrative description of all activities to be performed and describe corrective action to be taken for items that are behind schedule.

1.6 Updating

A. Show all changes occurring since previous submission of the updated schedule.

B. Indicate progress of each activity and show actual completion dates.

C. The Contractor shall be prepared to provide a narrative report at the [Project Coordination][Progress] Meetings. The report shall include the following:

1. A description of the overall Project status and comparison to the OPS.

01 32 16 - 3 Construction Schedules


2. Identify activities which are behind schedule and describe corrective action to be taken.

3. A description of changes or revisions to the Project and their effect on the OPS.

4. A description of the Near Term Schedule of the activities to be completed during the next 30 days. The report shall include a description of all activities requiring participation by the Engineer and/or Owner.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 32 33 Construction Videos and Photographs


Part 1 General 1.1 Scope A. Photo and video files shall become the property of the Owner and none of the videos or

photographs shall be published without express permission of the Owner. 1.2 Pre and Post Construction Videos and Photographs A. Prior to the beginning of any work, the Contractor shall take videos and photographs of

the work area to record existing conditions. B. Following completion of the work, another set of videos and photographs shall be made

showing the same areas and features as in the pre-construction videos and photographs.

C. All conditions which might later be subject to disagreement shall be shown in sufficient

detail to provide a basis for decisions. 1.3 File Format, Media and Submittals A. Photographs shall be in “jpg” format. B. Videos shall be in a format viewable by Microsoft Windows Media Player or Apple

QuickTime Player. Audio narration is desirable. C. Files shall be named such that what is being viewed is self-evident. D. Files shall be submitted on a flash drive, compact disk (CD) or a digital video disk (DVD).

If submitted on DVD, disk shall be recorded in “Minus R” format. E. The pre-construction videos and photographs shall be submitted to the Engineer within

25 calendar days after the date of receipt by the Contractor of Notice to Proceed. Post-construction videos and photographs shall be provided prior to final acceptance of the Project

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 33 00 Submittal Procedures


Part 1 General 1.1 Scope A. The work under this Section includes submittal to the Engineer of shop drawings, product

data and samples required by the various Sections of these Specifications. B. Submittal Contents: The submittal contents required are specified in each Section. C. Definitions: Submittals are categorized as follows: 1. Shop Drawings a. Shop drawings shall include technical data, drawings, diagrams, procedure

and methodology, performance curves, schedules, templates, patterns, test reports, calculations, instructions, measurements and similar information as applicable to the specific item for which the shop drawing is prepared.

b. Provide newly-prepared information with graphic information at accurate

scale (except as otherwise indicated) with name or preparer (firm name) indicated. The Contract Drawings shall not be reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note dimensions that are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not allow shop drawings to be used in connection with the Work without appropriate final “Action” markings by the Engineer.

c. Drawings shall be presented in a clear and thorough manner. Details shall

be identified by reference to sheet and detail, Specification Section, schedule or room numbers shown on the Contract Drawings.

d. Minimum assembly drawings sheet size shall be 11 x 17-inches. e. Minimum detail sheet size shall be 8-1/2 x 11-inches. f. Minimum Scale: i. Assembly Drawings Sheet, Scale: 1-inch = 10 feet. ii. Detail Sheet, Scale: 1/4-inch = 1/4 foot. 2. Product Data a. Product data includes standard published information on materials, products

and systems, not specially prepared for this Project, other than the designation of selections from among available choices printed therein.

01 33 00 - 2 Submittal Procedures


b. Collect required data into one submittal for each unit of work or system and mark each copy to show which choices and options are applicable to the Project. Include manufacturer's standard published recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked and special coordination requirements.

3. Samples a. Samples include both fabricated and un-fabricated physical examples of

materials, products and units of work, both as complete units and as smaller portions of units of work, either for limited visual inspection or, where indicated, for more detailed testing and analysis.

b. Provide units identical with final condition of proposed materials or products

for the work. Include “range” samples, not less than three units, where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of optional samples where the Engineer's selection is required. Prepare samples to match the Engineer's sample where indicated. Include information with each sample to show generic description, source or product name and manufacturer, limitations and compliance with standards. Samples are submitted for review and confirmation of color, pattern, texture and “kind” by the Engineer. Engineer will note “test” samples, except as otherwise indicated, for other requirements, which are the exclusive responsibility of the Contractor.

4. Miscellaneous submittals related directly to the work (non-administrative) include

warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, statements of applicability, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, overrun stock, security/protection/safety keys and similar information, devices and materials applicable to the work but not processed as shop drawings, product data or samples.

1.2 Specific Category Requirements A. General: Except as otherwise indicated in the individual work sections, comply with

general requirements specified herein for each indicated category of submittal. Submittals shall contain:

1. The date of submittal and the dates of any previous submittals. 2. The Project title. 3. The Names of: a. Contractor b. Supplier



c. Manufacturer 4. Identification of the product, with the Specification Section number, permanent

equipment tag numbers and applicable Drawing No. 5. Field dimensions, clearly identified as such. 6. Relation to adjacent or critical features of the work or materials. 7. Applicable standards, such as ASTM . 8. Notification to the Engineer in writing, at time of submissions, of any deviations on

the submittals from requirements of the Contract Documents. 9. Identification of revisions on resubmittals. 10. An 8 x 3-inch blank space for Contractor and Engineer stamps. 12. Contractor's stamp, initialed or signed, certifying to review of submittal, verification

of products, field measurements and field construction criteria and coordination of the information within the submittal with requirements of the work and of Contract Documents.

13. Submittals showing more than the particular item under consideration shall have

all but the pertinent description of the item for which review is requested crossed out.

1.3 Routing of Submittals A. Submittals and routine correspondence shall be routed as follows: 1. Supplier to Contractor (through representative if applicable) 2. Contractor to Engineer 3. Engineer to Contractor and Owner 4. Contractor to Supplier Part 2 Products 2.1 Shop Drawings A. Unless otherwise specifically directed by the Engineer, make all shop drawings

accurately to a scale sufficiently large to show all pertinent features of the item and its method of connection to the work.

B. Submit all shop assembly drawings, as a digital image, pdf format, scanned at the

original scale.



C. Submit all shop drawings as a digital image, pdf format, scanned at the original scale. 2.2 Manufacturer's Literature A. Where content of submitted literature from manufacturers includes data not pertinent to

this submittal, clearly indicate which portion of the contents is being submitted for the Engineer's review.

2.3 Samples A. Samples shall illustrate materials, equipment or workmanship and established standards

by which completed work is judged. B. Unless otherwise specifically directed by the Engineer, all samples shall be of the precise

article proposed to be furnished. C. Submit all samples in the quantity which is required to be returned plus one sample

which will be retained by the Engineer. 2.4 Colors A. Unless the precise color and pattern is specifically described in the Contract Documents,

wherever a choice of color or pattern is available in a specified product, submit accurate color charts and pattern charts to the Engineer for review and selection.

B. Unless all available colors and patterns have identical costs and identical wearing

capabilities, and are identically suited to the installation, completely describe the relative costs and capabilities of each.

Part 3 Execution 3.1 Contractor's Coordination of Submittals A. Prior to submittal for the Engineer's review, the Contractor shall use all means necessary

to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, catalog numbers and

similar data. 2. Coordinate as required with all trades and all public agencies involved. 3. Submit a written statement of review and compliance with the requirements of all

applicable technical Specifications as well as the requirements of this Section. 4. Clearly indicate in a letter or memorandum on the manufacturer's or fabricator's

letterhead, all deviations from the Contract Documents. B. Each and every copy of the shop drawings and data shall bear the Contractor's stamp



showing that they have been so checked. Shop drawings submitted to the Engineer without the Contractor's stamp will be returned to the Contractor for conformance with this requirement.

C. The Owner may backcharge the Contractor for costs associated with having to review a

particular shop drawing, product data or sample more than two times to receive a “No Exceptions Taken” mark.

D. Grouping of Submittals 1. Unless otherwise specifically permitted by the Engineer, make all submittals in

groups containing all associated items. 2. No review will be given to partial submittals of shop drawings for items which

interconnect and/or are interdependent. It is the Contractor's responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the Engineer along with Contractor's comments as to compliance, non-compliance or features requiring special attention.

E. Schedule of Submittals 1. Within 30 days of Contract award and prior to any shop drawing submittal, the

Contractor shall submit a schedule showing the estimated date of submittal and the desired approval date for each shop drawing anticipated. A reasonable period shall be scheduled for review and comments. Time lost due to unacceptable submittals shall be the Contractor's responsibility and some time allowance for resubmittal shall be provided. The schedule shall provide for submittal of items which relate to one another to be submitted concurrently.

3.2 Timing of Submittals A. Make all submittals far enough in advance of scheduled dates for installation to provide

all required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.

B. In scheduling, allow sufficient time for the Engineer's review following the receipt of the

submittal. 3.3 Reviewed Shop Drawings A. Engineer Review 1. Allow a minimum of 30 days for the Engineer's initial processing of each submittal

requiring review and response, except allow longer periods where processing must be delayed for coordination with subsequent submittals. The Engineer will advise the Contractor promptly when it is determined that a submittal being processed must be delayed for coordination. Allow a minimum of two weeks for reprocessing each submittal. Advise the Engineer on each submittal as to whether processing time is critical to progress of the work, and therefore the work would be



expedited if processing time could be foreshortened. 2. Acceptable submittals without any comments will be marked “No Exceptions

Taken”. 3. Submittals containing comments for clarification will be marked “Exceptions

Noted”. . 4. Submittals marked “Revise and Resubmit” must be revised to reflect required

changes and the initial review procedure repeated. 5. The “Rejected” notation is used to indicate products which are not acceptable.

Upon return of a submittal so marked, the Contractor shall repeat the initial review procedure utilizing acceptable products.

B. No work or products shall be installed without a drawing or submittal bearing the “No

Exceptions Taken” notation. The Contractor shall maintain at the job site a complete set of shop drawings bearing the Engineer's stamp.

C. Substitutions: In the event the Contractor obtains the Engineer's approval for the use of

products other than those which are listed first in the Contract Documents, the Contractor shall, at the Contractor's own expense and using methods approved by the Engineer, make any changes to structures, piping and electrical work that may be necessary to accommodate these products.

D. Use of the “No Exceptions Taken” notation on shop drawings or other submittals is

general and shall not relieve the Contractor of the responsibility of furnishing products of the proper dimension, size, quality, quantity, materials and all performance characteristics, to efficiently perform the requirements and intent of the Contract Documents. The Engineer's review shall not relieve the Contractor of responsibility for errors of any kind on the shop drawings. Review is intended only to assure conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site. The Contractor is also responsible for information that pertains solely to the fabrication processes or to the technique of construction and for the coordination of the work of all trades.

3.4 Resubmission Requirements A. Shop Drawings 1. Revise initial Drawings as required and resubmit as specified for initial submittal,

with the resubmittal number shown. 2. Indicate on Drawings all changes which have been made other than those

requested by the Engineer. B. Project Data and Samples: Resubmit new data and samples as specified for initial

submittal, with the resubmittal number shown. END OF SECTION

Section 01 35 00 Unique Requirements


Part 1 General 1.1 Scope The scope of this Section is to convey to the Contractor unique and unusual stipulations

and requirements which have been established for this Project. Some of the stipulations and requirements are a result of negotiations with various entities and organizations which have an interest in this Project. Some requirements are based on technical aspects of the Project which are not otherwise conveyed to the Contractor. The provisions of this Section shall supersede the provisions of the Division 01 through 49 Specifications but shall not supersede the Bidding Requirements, Contract Forms or Conditions of the Contract.

1.2 Submittals A. Sequence Submittal 1. Submit a proposed sequence with appropriate times of starting and completion

of tasks to Engineer for review. 2. The Contractor may propose alternatives to the sequencing constraints to that

shown in this Section in an attempt to reduce the disruption of the operation of the existing facility or streamline the tasks of this Contract. The Owner and Engineer are not obligated to accept any of these alternatives.

1.3 Existing Facility Operations A. The Contractor shall coordinate the work with the Owner so that the construction will not

restrain or hinder resident and Owner access. If, at any time, any portion of the facilities are inaccessible, the Contractor must obtain approval from the Owner as to the date, time and length of time that portion of the facilities are out of service.

B. After having coordinated the work with the Owner, the Contractor shall prepare a

submittal to include the time, time limits and methods of each connection or alteration and have the approval of the Engineer before any work is undertaken on the connections or alterations.

C. Before any roadway or facilities are blocked off, the Owner's approval shall be obtained

to coordinate operations for the plant. 1.4 Sequencing A. General 1. The Contractor shall be solely responsible for all construction sequencing. 2. The completion of specific preliminary sequencing tasks will be required prior to

any significant site demolition.

01 35 00 - 2 Unique Requirements


3. The construction schedule and tasks shall be reviewed and approved by the Engineer before site demolition begins.

B. Notify the Owner at least ten days prior to starting to relocate piping or taking existing

components out of service. 1.6 Administration Period A. During the Administration Period the Contractor shall be limited in site access to only the

following: 1. Nondestructive field verification of existing conditions. 2. Install initial erosion control measures. 3. Construction of Engineer’s and Contractor’s temporary field offices. B. During the Administration Period the Contractor shall complete, as a minimum, the

following: 1. Issuance of contracts, subcontracts, and purchase orders for all major products

and systems. 2. Complete all submittals, release for manufacture, and schedule delivery for the

products or systems referenced above. 3. Prepare and submit approvable documents required by Section 01 32 16, including

OPS and the Schedule of Values. 4. Install Engineer’s and Contractor’s temporary field offices complete with all

required utilities, internet, network, supplies, and furnishings required. 5. Complete and submit all preconstruction photos, videos. C. The duration of the Administration Period is 60 consecutive calendar days, after which

time the Construction Period shall automatically begin. Construction Period may begin prior to the 60 days, provided all requirements of the Administration Period have been completed, submitted, and approved by the Engineer.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED) END OF SECTION

Section 01 40 00 Quality Control



A. General Quality Control.

B. Workmanship.

C. Testing Laboratory Services. 1.2 RELATED REQUIREMENTS

A. Document 00700 - General Conditions: Inspection and testing required by governing authorities.

B. Section 01090 - Reference Standards: Applicability of specified reference standards.

C. Section 03301 – Concrete Work: Tests required for concrete.

1.3 QUALITY CONTROL, GENERAL

A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

1.4 WORKMANSHIP

A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship.

B. Perform work by persons qualified to produce workmanship of specified quality.

C. Secure products in place with positive anchorage devices designed and sized to

withstand stresses, vibration, and racking. 1.5 TESTING LABORATORY SERVICES

A. Contractor shall employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections.

B. Services will be performed in accordance with requirements of governing authorities and

with specified standards.

C. Reports will be submitted to A/E in duplicate giving observations and results of tests, indicating compliance or non-compliance with specified standards and with Contract Documents.

01 40 00 - 2 Quality Control


D. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, design mix, equipment, storage and assistance as requested. 1. Notify A/E and Testing Laboratory 24 hours prior to expected time for operations

requiring testing services. 2. Make arrangements with Testing Laboratory and pay for additional samples and

tests for Contractors' convenience. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION

Section 01 42 00 Codes and Standards


Part 1 General 1.1 Description A. Whenever reference is made to conforming to the standards of any technical society,

organization, body, code or standard, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the time of advertisement for bids. This shall include the furnishing of materials, testing of materials, fabrication and installation practices. In those cases where the Contractor's quality standards establish more stringent quality requirements, the more stringent requirement shall prevail. Such standards are made a part hereof to the extent which is indicated or intended.

B. The inclusion of an organization under one category does not preclude that

organization’s standards from applying to another category. C. In addition, all work shall comply with the applicable requirements of local codes, utilities

and other authorities having jurisdiction. D. All material and equipment, for which a UL Standard, an AGA or NSF approval or an

ASME requirement is established, shall be so approved and labeled or stamped. The label or stamp shall be conspicuous and not covered, painted, or otherwise obscured from visual inspection.

E. The standards which apply to this Project are not necessarily restricted to those from

organizations which are listed in Article 1.2. 1.2 Standard Organizations A. Piping and Valves ACPA American Concrete Pipe Association ANSI American National Standards Institute API American Petroleum Institute ASME American Society of Mechanical Engineers AWWA American Water Works Association CISPI Cast Iron Soil Pipe Institute DIPRA Ductile Iron Pipe Research Association FCI Fluid Controls Institute MSS Manufacturers Standardization Society NCPI National Clay Pipe Institute NSF National Sanitation Foundation PPI Plastic Pipe Institute Uni-Bell PVC Pipe Association B. Materials AASHTO American Association of State Highway and Transportation Officials ANSI American National Standards Institute

01 42 00 - 2 Codes and Standards


ASTM American Society for Testing and Materials C. Painting and Surface Preparation NACE National Association of Corrosion Engineers SSPC Steel Structures Painting Council D. Electrical and Instrumentation AEIC Association of Edison Illuminating Companies AIEE American Institute of Electrical Engineers EIA Electronic Industries Association ICEA Insulated Cable Engineers Association IEC International Electrotechnical Commission IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IPC Institute of Printed Circuits IPCEA Insulated Power Cable Engineers Association ISA The Instrumentation, Systems, and Automation Society NEC National Electric Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association REA Rural Electrification Administration TIA Telecommunications Industries Association UL Underwriter's Laboratories VRCI Variable Resistive Components Institute E. Aluminum AA Aluminum Association AAMA American Architectural Manufacturers Association F. Steel and Concrete ACI American Concrete Institute AISC American Institute of Steel Construction, Inc. AISI American Iron and Steel Institute CRSI Concrete Reinforcing Steel Institute NRMA National Ready-Mix Association PCA Portland Cement Association PCI Prestressed Concrete Institute G. Welding ASME American Society of Mechanical Engineers AWS American Welding Society H. Government and Technical Organizations AIA American Institute of Architects



APHA American Public Health Association APWA American Public Works Association ASA American Standards Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASQC American Society of Quality Control ASSE American Society of Sanitary Engineers CFR Code of Federal Regulations CSI Construction Specifications Institute EDA Economic Development Administration EPA Environmental Protection Agency FCC Federal Communications Commission FmHA Farmers Home Administration FS Federal Specifications IAI International Association of Identification ISEA Industrial Safety Equipment Association ISO International Organization for Standardization ITE Institute of Traffic Engineers NBFU National Board of Fire Underwriters (NFPA) National Fluid Power Association NBS National Bureau of Standards NISO National Information Standards Organization OSHA Occupational Safety and Health Administration SI Salt Institute SPI The Society of the Plastics Industry, Inc. USDC United States Department of Commerce WEF Water Environment Federation I. General Building Construction AHA American Hardboard Association AHAM Association of Home Appliance Manufacturers AITC American Institute of Timber Construction APA American Parquet Association, Inc. APA American Plywood Association BHMA Builders Hardware Manufacturers Association BIFMA Business and Institutional Furniture Manufacturers Association DHI Door and Hardware Institute FM Factory Mutual Fire Insurance Company HPMA Hardwood Plywood Manufacturers Association HTI Hand Tools Institute IME Institute of Makers of Explosives ISANTA International Staple, Nail and Tool Association ISDSI Insulated Steel Door Systems Institute IWS Insect Screening Weavers Association MBMA Metal Building Manufacturers Association NAAMM National Association of Architectural Metal Manufacturers NAGDM National Association of Garage Door Manufacturers NCCLS National Committee for Clinical Laboratory Standards NFPA National Fire Protection Association NFSA National Fertilizer Solutions Association



NKCA National Kitchen Cabinet Association NWMA National Woodwork Manufacturers Association NWWDA National Wood Window and Door Association RMA Rubber Manufacturers Association SBC SBCC Standard Building Code SDI Steel Door Institute SIA Scaffold Industry Association SMA Screen Manufacturers Association SPRI Single-Ply Roofing Institute TCA Tile Council of America UBC Uniform Building Code J. Roadways AREA American Railway Engineering Association DOT Department of Transportation K. Plumbing AGA American Gas Association NSF National Sanitation Foundation PDI Plumbing Drainage Institute SPC SBCC Standard Plumbing Code L. Refrigeration, Heating, and Air Conditioning AMCA Air Movement and Control Association ARI American Refrigeration Institute ASHRAE American Society of Heating, Refrigeration, and Air Conditioning Engineers ASME American Society of Mechanical Engineers CGA Compressed Gas Association CTI Cooling Tower Institute HEI Heat Exchange Institute IIAR International Institute of Ammonia Refrigeration NB National Board of Boilers and Pressure Vessel Inspectors PFMA Power Fan Manufacturers Association SAE Society of Automotive Engineers SMACNA Sheet Metal and Air Conditioning Contractors National Association SMC SBCC Standard Mechanical Code TEMA Tubular Exchangers Manufacturers Association M. Equipment AFBMA Anti-Friction Bearing Manufacturers Association, Inc. AGMA American Gear Manufacturers Association ALI Automotive Lift Institute CEMA Conveyor Equipment Manufacturers Association CMAA Crane Manufacturers Association of America DEMA Diesel Engine Manufacturers Association MMA Monorail Manufacturers Association



OPEI Outdoor Power Equipment Institute, Inc. PTI Power Tool Institute, Inc. RIA Robotic Industries Association SAMA Scientific Apparatus Makers Association 1.3 Symbols Symbols and material legends shall be as scheduled on the Drawings.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 45 29 Testing Laboratory Services


Part 1 General 1.1 Scope A. This Section includes testing which the Owner may require, beyond that testing required

of the manufacturer, to determine if materials provided for the Project meet the requirements of these Specifications.

B. This work also includes all testing required by the Owner to verify work performed by the

Contractor is in accordance with the requirements of these Specifications, i.e., concrete strength and slump testing, soil compaction, etc.

C. This work does not include materials testing required in various sections of these

Specifications to be performed by the manufacturer, e.g., testing of pipe. D. The testing laboratory or laboratories will be selected by the Owner. The testing

laboratory or laboratories will work for the Owner. 1.2 Payment for Testing Services A. The cost of testing services required by the Contract to be provided by the Contractor

shall be paid for by the Contractor, i.e., concrete testing, soil compaction, and asphalt testing.

B. The cost of additional testing services not specifically required in the Specifications, but

requested by the Owner or Engineer, shall be paid for by the Owner. C. The cost of material testing described in various sections of these Specifications or as

required in referenced standards to be provided by a material manufacturer, shall be included in the price bid for that item and shall not be paid for by the Owner.

D. The cost of retesting any item that fails to meet the requirements of these Specifications

shall be paid for by the Contractor. Retesting shall be performed by the testing laboratory working for the Owner.

1.3 Laboratory Duties A. Cooperate with the Owner, Engineer and Contractor. B. Provide qualified personnel promptly on notice. C. Perform specified inspections, sampling and testing of materials. 1. Comply with specified standards, ASTM, other recognized authorities, and as

specified. 2. Ascertain compliance with requirements of the Contract Documents.

01 45 29 - 2 Testing Laboratory Services


D. Promptly notify the Engineer and Contractor of irregularities or deficiencies of work which are observed during performance of services.

E. Promptly submit three copies (two copies to the Engineer and one copy to the

Contractor) of report of inspections and tests in addition to those additional copies required by the Contractor with the following information included:

1. Date issued 2. Project title and number 3. Testing laboratory name and address 4. Name and signature of inspector 5. Date of inspection or sampling 6. Record of temperature and weather 7. Date of test 8. Identification of product and Specification section 9. Location of Project 10. Type of inspection or test 11. Results of test 12. Observations regarding compliance with the Contract Documents F. Perform additional services as required. G. The laboratory is not authorized to release, revoke, alter or enlarge on requirements of

the Contract Documents, or approve or accept any portion of the work. 1.4 Contractor Responsibilities A. Cooperate with laboratory personnel, provide access to work and/or comply with

manufacturer's requirements. B. Provide to the laboratory, representative samples, in required quantities, of materials to

be tested. C. Furnish copies of mill test reports. D. Furnish required labor and facilities to: 1. Provide access to work to be tested;



2. Obtain and handle samples at the site; 3. Facilitate inspections and tests; 4. Build or furnish a holding box for concrete cylinders or other samples as required

by the laboratory. E. Notify the laboratory sufficiently in advance of operation to allow for the assignment of

personnel and schedules of tests. F. Laboratory Tests: Where such inspection and testing are to be conducted by an

independent laboratory agency, the sample(s) shall be selected by such laboratory or agency, or the Engineer, and shipped to the laboratory by the Contractor at Contractor's expense.

G. Copies of all correspondence between the Contractor and testing agencies shall be

provided to the Engineer. 1.5 Quality Assurance Testing shall be in accordance with all pertinent codes and regulations and with

procedures and requirements of the American Society for Testing and Materials (ASTM). 1.6 Product Handling Promptly process and distribute all required copies of test reports and related instructions

to insure all necessary retesting or replacement of materials with the least possible delay in the progress of the work.

1.7 Furnishing Materials The Contractor shall be responsible for furnishing all materials necessary for testing. 1.8 Code Compliance Testing Inspections and tests required by codes or ordinances or by a plan approval authority,

and made by a legally constituted authority, shall be the responsibility of, and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents.

1.9 Contractor's Convenience Testing Inspection or testing performed exclusively for the Contractor's convenience shall be the

sole responsibility of the Contractor. 1.10 Schedules for Testing A. Establishing Schedule 1. The Contractor shall, by advance discussion with the testing laboratory selected



by the Owner, determine the time required for the laboratory to perform its tests and to issue each of its findings, and make all arrangements for the testing laboratory to be on site to provide the required testing.

2. Provide all required time within the construction schedule. B. When changes of construction schedule are necessary during construction, coordinate

all such changes of schedule with the testing laboratory as required. C. When the testing laboratory is ready to test according to the determined schedule but is

prevented from testing or taking specimens due to incompleteness of the work, all extra costs for testing attributable to the delay will be back-charged to the Contractor and shall not be borne by the Owner.

1.11 Taking Specimens Unless otherwise provided in the Contract Documents, all specimens and samples for

tests will be taken by the testing laboratory or the Engineer. 1.12 Transporting Samples The Contractor shall be responsible for transporting all samples, except those taken by

testing laboratory personnel, to the testing laboratory.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 51 43 Temporary Diversion System

Owner Project # 56217 08/7/18 Barge Project #34399-13

Part 1 General 1.1 Scope A. This Section covers furnishing, maintaining, and operating a temporary diversion

system during construction. The Contractor shall furnish all materials, labor, equipment, power, maintenance, etc., to implement a temporary diversion system and control the system for the purpose of diverting the existing flow around the work area.

B. Design and installation of these systems shall be the Contractor’s responsibility subject

to Engineer’s approval as specified. 1.2 General

The design, installation and operation of the temporary diversion system shall be the Contractor’s responsibility. The Contractor shall employ the services of an Engineering Firm (Firm) who can demonstrate to the Engineer that it specializes in the design and operation of temporary diversion systems. The diversion system shall meet the requirements of all codes and regulatory agencies having jurisdiction, but at a minimum will be able to pass the 5-year, 24-hour storm event.

1.3 Submittals A. The Contractor shall prepare with the Firm a specific, detailed description of the

proposed diversion system and submit it along with the Firm’s references within one month following Notice to Proceed.

B. The Contractor shall submit detailed plans and descriptions outlining all provisions and

precautions to be taken by the Contractor regarding the handling of existing stormwater flows. This plan must be specific and complete, including such items as schedules, locations, elevations, pipes, capacities of equipment, pump and drive control selection and design, materials and all other incidental items necessary and/or required to ensure proper protection of the facilities. The plan shall include but not be limited to details of the following:

1. Staging areas for pumps or location of pipes or swales.

2. Plugging method and types of plugs, such as sandbags, earthen, berms, etc.

3. Number, size, material, location and method of installation of piping, swales, etc.

4. Bypass pump sizes, capacity, and number of each size to be on site and power

requirements (if used). a. Motor control package design, including wiring diagrams, voltage and

amperage requirements, control logic description. b. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump operating range shall be submitted).

01 51 43 - 2 Temporary Diversion System


c. Standby power provisions. d. Thrust and restraint block sizes and locations if applicable.

5. Any temporary pipe supports and anchoring required.

6. Design plans and access provisions. 7. Calculations for selection of diversion pipe, swale or bypass pumping pipe size. Part 2 Products 2.1 Design and Performance Requirements

A. Diversion systems shall have sufficient capacity to convey runoff from the 5-year, 24-hour storm event without overtopping into the work area. The Contractor shall provide all pipes, swales, and or pumps of adequate size to handle the flow event and ensure the total flow can be safely diverted around the work area.

B. Contractor shall have adequate standby equipment available onsite and ready for

immediate operation and use in the event of an emergency or breakdown.

C. The design, installation and operation of the temporary diversion system shall be the Contractor’s responsibility. The diversion system shall meet the requirements of all codes and regulatory agencies having jurisdiction.

D. The Contractor shall provide all necessary means to safely convey the stormwater past

the work area. The Contractor will not be permitted to stop the base flows under any circumstances.

E. The Contractor shall maintain flow around the work area in a manner that will not stop

flow and that will protect public and private property from damage and flooding.

F. The Contractor shall protect water resources wetlands and other natural resources.

G. The Contractor shall provide standby power to all electric pumping units in the event of power loss, if a pump is used.

2.2 Equipment

A. All piping shall be HDPE or RCP and shall be adequately sized to convey the 5-year, 24-hour storm event.

B. It is anticipated that sandbags will be used to dam up the upstream end of the work

area. Any proprietary dams or devices will be provided to the Engineer for approval.

01 51 43 - 3 Temporary Diversion System


C. All pumps used shall be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps in the priming system. The pumps may be electric or diesel powered. All pumps used must be constructed to handle low flow events for long periods of time to accommodate the cyclical nature of the wastewater plant flows.

D. The Contractor shall provide the necessary stop/start and variable speed controls for

each pump. The motor controls shall use a PLC based level control system with a submersible level transducer to initiate start and stop signals to the motor controls.

E. Discharge piping systems shall be constructed of restrained joint type piping. Joints

shall allow no leakage. Standard aluminum irrigation piping is not acceptable. Part 3 Execution 3.1 Field Quality Control and Maintenance

A. The Contractor shall perform leakage tests of the bypass pumping discharge piping prior to actual operation.

B. The Contractor shall inspect the diversion system every 24-hours to ensure that the

system is working correctly. C. The Contractor shall ensure that the temporary diversion system is properly

maintained. D. Spare parts and materials for pumps and piping shall be kept on site as required.

3.2 Installation and Operation A. The Contractor shall install the diversion pipelines or channels to minimize any

disturbance to existing utilities and shall obtain approval of the pipeline locations from the Owner and the Engineer.

B. The Contractor shall protect the temporary diversion system from damage during

construction. C. Contractor shall provide all fuel and power for any required temporary pumping facility.

Contractor shall make arrangements for a power meter and pay all associated fees.

END OF SECTION

Section 01 56 00 Temporary Barriers and Enclosures


Part 1 General


A. Temporary Barricades.

B. Temporary Fencing.

1.2 Barricades, Lights and Signals

A. The Contractor shall furnish and erect such barricades, fences, lights and danger signals and shall provide such other precautionary measures for the protection of persons or property and of the work as necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient numbers of barricades shall be erected to keep vehicles from being driven on or into any work under construction.

B. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs and lights and whenever evidence is found of such damage, the Contractor shall immediately remove the damaged portion and replace it at Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs and lights shall not cease until the Project has been accepted by the Owner.

C. Traffic control devices shall comply with the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways.

1.3 Temporary Fencing

A. Provide fencing along the construction site at all open excavations and tunnels to control access by unauthorized people.

1. The safety fencing must be a high visibility orange colored, high density polyethylene grid or approved equal, a minimum of 42 inches high, supported and tightly secured to steel posts located on maximum 10 foot centers, constructed at the approved location. Install fencing to be able to restrain a force of at least 250 pounds against it.



END OF SECTION

Section 01 56 16 Dust Control


Part 1 General 1.1 Scope A. Limit blowing dust caused by construction operations by applying water or employing

other appropriate means or methods to maintain dust control, subject to the approval of the Owner. As a minimum, this may require the use of a water wagon twice a day to suppress dusty conditions.

1.2 Protection of Adjacent Property A. The Bidders shall visit the site and note the buildings, landscaping, roads, parking areas

and other facilities near the work site that may be damaged by their operations. The Contractor shall make adequate provision to fully protect the surrounding area and will be held fully responsible for all damages resulting from Contractor's operations.

B. Protect all existing facilities (indoors or out) from damage by dust, fumes, spray or spills

(indoors or out). Protect motors, bearings, electrical gear, instrumentation and building or other surfaces from dirt, dust, welding fumes, paint spray, spills or droppings causing wear, corrosion, malfunction, failure or defacement by enclosure, sprinkling or other dust palliatives, masking and covering, exhausting or containment.

END OF SECTION

Section 01 57 13 Erosion and Sedimentation Control


Part 1 General 1.1 Scope A. The work specified in this Section consists of providing and maintaining temporary and

permanent erosion and sedimentation controls as shown on the Drawings. This Section also specifies the subsequent removal of temporary erosion and sedimentation controls.

B. Temporary and permanent erosion and sedimentation controls include grassing and

mulching of disturbed areas and structural barriers at those locations which will ensure that erosion during construction will be maintained within acceptable limits. Acceptable limits are as established by the Tennessee Water Quality Control Act of 1977, as amended, Section 402 of the Federal Clean Water Act, and applicable codes, ordinances, rules, regulations and laws of local and municipal authorities having jurisdiction. For installation and maintenance guidance, refer to the Tennessee Erosion and Sediment Control Handbook, latest edition.

C. Land disturbance activity shall not commence until the Land Disturbance Permit and all

required stream crossing permits have been issued. D. Land disturbance permit shall be obtained and paid for by the Contractor. 1.2 Submittals A. Submit product data in accordance with the requirements of Section 01 33 23 of these

Specifications. B. Prior to any construction activity, the Contractor shall submit, for the Engineer's approval,

a schedule for the accomplishment of temporary and permanent erosion and sedimentation control work. No work shall be started until the erosion and sedimentation control schedule and methods of operation have been approved by the Engineer.

1.3 Quality Assurance A. The temporary and permanent erosion and sedimentation control measures shown on

the Drawings are minimum requirements. Any additional erosion and sedimentation control measures required by the Contractor's means, methods, techniques and sequence of operation will be installed by the Contractor at no additional cost to the Owner.

B. Perform all work under this Section in accordance with all pertinent rules and regulations

including, but not necessarily limited to, those stated in these Specifications. Where provisions of pertinent rules and regulations conflict with these Specifications, the more stringent provisions shall govern.

C. Provide all materials and promptly take all actions necessary to achieve effective erosion

and sedimentation control in accordance with the Tennessee Water Quality Control Act of 1977, as amended, local ordinances, other permits, local enforcing agency guidelines

01 57 13 - 2 Erosion and Sedimentation Control


and these Specifications. D. Basic Principles 1. Coordinate the land disturbance activities to fit the topography, soil types and

conditions. 2. Minimize the disturbed area and the duration of exposure to erosive elements. 3. Provide temporary or permanent stabilization to disturbed areas immediately after

rough grading is complete. 4. Safely convey run-off from the site to a stable outlet to prevent flooding and

damage to downstream facilities resulting from increased runoff from the site. 5. Retain sediment on-site that was generated on-site. 6. Minimize encroachment upon watercourses. E. Implementation 1. The Contractor is solely responsible for the control of erosion within the Project

site and the prevention of sedimentation from leaving the Project site or entering waterways.

2. The Contractor shall install temporary and permanent erosion and sedimentation

controls which will ensure that runoff from the disturbed area of the Project site shall pass through a filter system before exiting the Project site.

3. The Contractor shall provide temporary and permanent erosion and sedimentation

control measures to prevent silt and sediment from entering the waterways. The Contractor will obtain a Notice to Proceed (NTP) that allows encroachments on the 60-foot vegetative buffer in specific areas. The Contractor shall exercise extreme care during land disturbance operations within the 60-foot vegetative buffer to prevent degradation of the stream.

4. The Contractor shall limit land disturbance activity to those areas shown on the

Drawings. 5. The Contractor shall maintain erosion and sedimentation control measures within

disturbed areas on the entire site at no additional cost to the Owner until the acceptance of the Project. Maintenance shall include mulching, re-seeding, clean-out of sediment barriers and sediment ponds, replacement of washed-out or undermined rip rap and erosion control materials, to the satisfaction of the Engineer.

6. All fines imposed for improper erosion and sedimentation control shall be paid by

the Contractor. 7. The Contractor shall use all means necessary to control dust on and near the work

and all off-site borrow areas, in accordance to the Tennessee Erosion and



Sediment Control Handbook, latest edition. The Contractor should thoroughly moisten all surfaces as required to prevent dust from being a nuisance to the public, neighbors and concurrent performance of work on the site.

Part 2 Products 2.1 Sediment Barriers A. Silt Fence 1. Type A silt fence shall meet the requirements of Tennessee Erosion and Sediment

Control Handbook, latest edition. Posts shall be 4 feet in length and can either be made of steel, soft wood or oak. Steel posts shall be 1.3lb./ft. minimum. Soft wood post shall be 3” diameter or 2” x 4”. Oak posts shall be 1.5” x 1.5”. Fasteners for wood posts shall be wire staples or nails. Wire staples are to have a minimum 17 gauge, ¾” crown width, and a ½” leg length. Nails are to have a minimum 14 gauge, ¾” button head, and a 1” length.

2. Type C silt fence is a combination of Type A silt fence fabric with woven wire

reinforcement. Type C silt fence woven wire reinforcement shall meet the requirements of Tennessee Erosion and Sediment Control Handbook, latest edition. Posts shall be 4 feet in length and shall be made of steel. Steel posts shall be 1.3lb./ft. minimum.

3. Silt fence fabric shall meet the requirements of the Tennessee Erosion and

Sediment Control Handbook, latest edition. 2.4 Construction Exit A. Stone: Use sound, tough, durable stone resistant to the action of air and water. Slabby

or shaley pieces will not be acceptable. Aggregate size shall be TDOT #1 or #2 stone (1.5 to 3.5-inch stone).

B. Geotextile: The geotextile underliner must be placed the full length and width of the

entrance. Geotextile selection shall be based on AASHTO M288-98 specification: 1. For subgrades with a CBR greater than or equal to 3 or shear strength greater

than 90 kPa, geotextile must meet requirements of section AASHTO M288 Section 7.3, Separation Requirements.

2. For subgrades with a CBR between 1 and 3 or sheer strength between 30 and 90

kPa, geotextile must meet requirements of AASHTO M288 Section 7.4, Stabilization Requirements.

2.5 Rip Rap A. Stone Rip Rap: Use sound, tough, durable stones resistant to the action of air and water.

Slabby or shaley pieces will not be acceptable. Sizes are shown in the Drawings for each design requiring rip rap construction. The following classifications shall be used in



the construction of slope or channels as shown on the Drawings: 1. Graded Rip Rap - durable, dense, specifically selected and graded, quarried

stone, placed to prevent erosion. Sizes shall be in accordance to the Tennessee Erosion and Sediment Control Handbook, latest edition.

2. Filter Bedding Stone - stone generally less than 6 inches in size, that may be

placed under graded rip rap stone in a layer or combination of layers, designed and installed in such a manner as to prevent loss of underlying soil or finer materials because of moving water. Sizes shall be in accordance to the Tennessee Erosion and Sediment Control Handbook, latest edition.

3. Surge Stone - a quarry run ungraded, unscreened material which may or may not

have fines. 2.6 Temporary Mulching A. Dry straw or hay: Shall be applied at a depth of 2 to 4 inches providing complete soil

coverage. Material shall be clean, seed-free cereal hay or straw. B. Wood waste (chips, sawdust or bark): Shall be applied at a depth of 2 to 3 inches.

Organic material from the clearing stage of development should remain on site, be chipped, and applied as mulch.

C. Mulch Binder: Mulch on slopes exceeding 3 (horizontal) to 1 (vertical) shall be held in

place by the use of a mulch binder, as approved by the Engineer. The mulch binder shall be non toxic to plant and animal life and shall be approved by the Engineer.

2.7 Temporary Grassing A. Grassing materials shall meet the requirements of the Tennessee Erosion and Sediment

Control Handbook, latest edition, section that includes “Disturbed Area Stabilization (With Temporary Vegetation)”.

B. Seed rate, fertilization, lime application and other requirements shall be provided as

shown on the Drawings. C. Water: Water shall be free of excess and harmful chemicals, organisms and substances

which may be harmful to plant growth or obnoxious to traffic. Salt or brackish water shall not be used. Water shall be furnished by the Contractor.

2.8 Permanent Grassing and Sodding As specified elsewhere in these Specifications. 2.9 Sediment Filter Bag

A. Sediment filter bag installation, including downslope geotextile and silt fence with wire

backing should not be placed within a jurisdictional wetland or within 15 feet (30 feet



desirable) of a stabilized outlet, stream, or other natural water resource. When discharging to sediment-impaired streams or expectational Tennessee waters, the buffer shall be a minimum of 30 feet with a desirable width of 60 feet. Buffer requirement does not apply to any location on site with a valid arap or equivalent permit by federal agencies.

B. Only geotextile fabric (Type III) listed on the qualified products list shall be used. C. Surround sediment filter bag assembly with silt fence with wire backing and stabilized

outlet, stream or other natural water resource. Buffer zone exemptions are defined based on existing land uses.

Part 3 Execution 3.1 General A. Temporary and permanent erosion and sedimentation control measures shall prevent

erosion and prevent sediment from exiting the site. If, in the opinion of the Engineer, the Contractor's temporary erosion and sedimentation control measures are inadequate, the Contractor shall provide additional maintenance for existing measures or additional devices to control erosion and sedimentation on the site at no additional cost to the Owner.

B. All erosion and sedimentation control devices and structures shall be inspected by the

Qualified Personnel as defined in Section 01 57 23 of the Specifications at least twice a week and within 24 hours of the end of a storm that is 0.5 inches or greater. Any device or structure found to be damaged will be repaired or replaced by the end of the day.

C. All erosion and sedimentation control measures and devices shall be constructed and

maintained as indicated on the Drawings or specified herein until adequate permanent disturbed area stabilization has been provided and accepted by the Engineer. Once adequate permanent stabilization has been provided and accepted by the Engineer, all temporary erosion and sedimentation control structures and devices shall be removed.

3.2 Installation and Maintenance of Erosion and Sediment Controls A. Sediment Barriers 1. Sediment barriers shall include but are not necessarily limited to silt fences and

any device which prevents sediment from exiting the disturbed area.



2. Sediment barriers shall not be used in any flowing stream, creek or river. 3. Sediment barriers shall be installed as shown on the Drawings and as directed by

the Engineer. 4. Along stream buffers and other sensitive areas, two rows of Type C silt fence or

one row of Type C silt fence backed by hay bales shall be used. 5. Sediment barriers shall be maintained to ensure the depth of impounded sediment

is no more than one-half of the original height of the barrier or as directed by the Engineer. Torn, damaged, destroyed or washed-out barriers shall be repaired, reinforced or replaced with new material and installed as shown on the Drawings and as directed by the Engineer.

6. Sediment Barrier Removal a. Sediment barrier shall be removed once the disturbed area has been

stabilized with a permanent vegetative cover and the sediment barrier is no longer required as directed by the Engineer.

b. Accumulated sediment shall be removed from the barrier and spread over

the site. c. All non-biodegradable parts of the barrier shall be disposed of properly. d. The disturbed area created by barrier removal shall be permanently

stabilized. B. Construction Exit 1. Construction exit(s) shall be placed as shown on the Drawings and as directed by

the Engineer. A construction exit shall be located at any point traffic will be leaving a disturbed area to a public right-of-way, street, alley, sidewalk or parking area.

2. Placement of Construction Exit Material: The ground surface upon which the

construction exit material is to be placed shall be prepared to a smooth condition free from obstructions, depressions or debris. The geotextile underliner shall be placed to provide a minimum number of overlaps and a minimum width of one foot of overlap at each joint. The stone shall be placed with its top elevation conforming to the surrounding roadway elevations. The stone shall be dropped no more than three feet during construction.

3. Construction Exit Maintenance: The Contractor shall regularly maintain the exit

with the top dressing of stone to prevent tracking or flow of soil onto public rights-of-way and paved surfaces as directed by the Engineer. This shall require periodic top dressing with 1.5-3.5 inch stone, as conditions demand.

4. Construction Exit Removal: Construction exit(s) shall be removed and properly

disposed of when the disturbed area has been properly stabilized, the tracking or flow of soil onto public rights-of-way or paved surfaces has ceased and as directed



by the Engineer. C. Rip Rap 1. Rip rap shall be placed as shown on the Drawings and as directed by the Engineer.

Rip rap shall be placed at all points where natural vegetation is disturbed on the banks of streams or drainage ditches. Compact backfill and place rip rap to prevent subsequent settlement and erosion. This requirement applies equally to construction along side a stream or drainage ditch as well as crossing a stream or drainage ditch.

2. When trenching across a stream or drainage ditch, place rip rap over the entire

disturbed area upstream and downstream of the trench excavation. Place rip rap across creek bottom, across creek banks and extend rip rap placement five feet beyond the top of each creek bank.

3. Preparation of Foundations: The ground surface upon which the rip rap is to be

placed shall be brought to the correct lines and grades before placement is commenced. Where filling of depressions is required, the new material shall be compacted with hand or mechanical tampers. Unless at creek banks or otherwise shown or specified, rip rap shall begin in a toe ditch constructed in original ground around the toe of the fill or the cut slope. The toe ditch shall be two feet deep in original ground, and the side next to the fill or cut shall have that same slope. After the rip rap is placed, the toe ditch shall be backfilled and the excess dirt spread neatly within the construction easement or on the site.

4. Placement of Plastic Filter Fabric a. Plastic filter fabric shall be placed under all rip rap unless shown or specified

otherwise. b. Filter fabric shall not be placed under rip rap on stream or drainage ditch

crossings. c. The surface to receive filter fabric shall be prepared to a smooth condition

free from obstructions, depressions and debris. The filter fabric shall be installed with the long dimension running up the slope and shall be placed to provide a minimum number of overlaps. The fabric shall be placed to provide a minimum width of one foot of overlap at each joint. The fabric shall be placed so that the upstream strip overlaps the downstream strip. The fabric shall be anchored in place with securing pins of the type recommended by the fabric manufacturer. Pins shall be placed on or within 3-inches of the centerline of the overlap. The fabric shall be placed loosely to avoid stretching and tearing during placement of the stone. The fabric shall be protected at all times during construction from clogging due to clay, silts, chemicals or other contaminants. Contaminated fabric or fabric damaged during installation or during placement of rip rap shall be removed and replaced with uncontaminated and undamaged fabric at no additional cost to the Owner.

5. Placement of Rip Rap: Rip rap shall be placed on a 6-inch layer of soil, crushed



stone or sand overlaying the filter fabric. Rip rap shall be placed with its top elevation conforming with the finished grade or the natural existing slope of the stream bank and stream bottom. The stone shall be dropped no more than three feet during construction.

a. Stone Rip Rap: Stone rip rap shall be placed to provide a uniform surface

to the thickness shown on the Drawings. The thickness tolerance for the course shall be -3-inches and +6-inches.

D. Channel Stabilization 1. Where needed, all trees, brush, stumps and other objectionable materials shall

be removed so they will not interfere with the construction or proper functioning of the channel.

2. Where possible, trees will be left standing, and stumps will not be removed. 3. Excavation shall be at the locations and grades shown on the Drawings. The

lining shall not compromise the capacity of the channel, e.g. the emergency spillway shall be over-excavated so that the lining will be flush with the slope surface.

4. The geotextile shall be placed on a smooth graded surface. The geotextile shall

be placed in such a manner that it will not excessively stretch or tear upon placement of the overlying materials. Care should be taken to place the geotextile in intimate contact with the soil such that no void spaces exist between the underlying soil and the geotextile.

5. Construction plans will specifically detail the location and handling of spoils. Spoil

material resulting from clearing, grubbing and channel excavation shall be disposed of in a manner which will:

a. not cause an increase in flood stage, b. minimize overbank wash, c. not cause an adverse effect on the environmental integrity of the area, d. provide for the free flow of water between the channel and flood plain

unless the valley routing and water surface profile are based on continuous dikes being installed,

e. leave the right-of-way in the best condition feasible, and f. improve the aesthetic appearance of the site to the extent feasible. 6. Channel linings shall be established or installed immediately after construction or

as soon as weather conditions permit. 7. Structures shall be installed according to lines and grades shown on the plan. The

foundation for structures shall be cleared of all undesirable materials prior to the



installation of the structures. 8. Materials used in construction shall be of permanency commensurate with the

design frequency and life expectancy of the facility. 9. Earthfill, when used as a part of the structures, shall be placed according to the

installation requirements for sediment basin embankments. 10. Construction operations shall be carried out in such a manner that erosion and air

and water pollution will be minimized. State and local laws concerning pollution abatement shall be complied with.

11. Vegetation shall be established on all disturbed areas immediately after

construction. If weather conditions cause a delay in establishing vegetation, the area shall be mulched in accordance with the standard for mulching.

12. All temporary access roads or travelways shall be appropriately closed to exclude

traffic. 13. Trees and other fallen natural vegetation not causing a deterrent to stream flow

should be left for the purpose of habitat. E. Temporary Mulching 1. When mulch is used without seeding, mulch shall be applied to provide full

coverage of the exposed area. Mulch shall be applied as follows: a. Dry straw or hay mulch and wood chips shall be applied uniformly by hand

or by mechanical equipment. b. If the area will eventually be covered with perennial vegetation, 20-30

pounds of nitrogen per acre in addition to the normal amount shall be applied to offset the uptake of nitrogen caused by the decomposition of the organic mulches.

c. Apply mulch binder on exposed areas, where indicated on the Drawings or

as instructed by the Engineer. 2. Anchoring Mulch: a. Straw or hay mulch can be pressed into the soil with a disk harrow with the

disk set straight or with a special “packer disk.” Disks may be smooth or serrated and should be 20 inches or more in diameter and 8 to 12 inches apart. The edges of the disk should be dull enough not to cut the mulch but to press it into the soil leaving much of it in an erect position.

b. Straw or hay mulch shall be anchored immediately after application. c. Straw or hay mulch spread with special blower-type equipment may be

anchored with emulsified asphalt (Grade AE-5 or SS-1). The asphalt emulsion shall be sprayed onto the mulch as it is ejected from the machine.



Use 100 gallons of emulsified asphalt and 100 gallons of water per ton of mulch.

d. For straw or hay mulch, plastic mesh or netting with mesh no larger than

one inch by one inch shall be installed according to manufacturer’s specifications.

e. Netting of the appropriate size shall be used to anchor wood waste.

Openings of the netting shall not be larger than the average size of the wood waste chips.

F. Temporary Grassing 1. Seed Bed Preparation: a. When a hydraulic seeder is used, seedbed preparation is not required. b. When using conventional or hand seeding, seedbed preparation is not

required if the soil material is loose and not sealed by rainfall. c. When soil has been sealed by rainfall or consists of smooth cut slopes, the

soil shall be pitted, trenched or otherwise scarified to provide a place for seed to lodge and germinate.

2. Select a grass or grass-legume mixture suitable to the area and season of the

year. 3. Seed shall be applied uniformly by hand, cyclone seeder, drill, culti-packer-

seeder, or hydraulic seeder (slurry including seed and fertilizer). Drill or cultipacker seeders should normally place seed one-quarter to one-half inch deep. Appropriate depth of planting is ten times the seed diameter.

4. Soil should be “raked” lightly to cover seed with soil if seeded by hand. 5. Irrigation: During times of drought, water shall be applied at a rate not causing

runoff and erosion. The soil shall be thoroughly wetted to a depth that will insure germination of the seed. Subsequent applications should be made when needed.

6. Temporary Stabilization: Temporary stabilization shall be provided as shown on

the Drawings and conforming to these Specifications to control erosion on the site. Temporary stabilization shall be provided to any area which will not receive permanent stabilization within the next 7 calendar days. Partial payment requests may be withheld for those portions of the Project not complying with this requirement.

G. Permanent Grassing and Sodding 1. Refer to Specifications 32 92 19 Permanent Seeding and 32 92 23 Permanent

Sodding and the seeding table contain within the Drawings for installation and maintenance.



2. Permanent Stabilization: a. Permanent stabilization shall be provided as shown on the Drawings and

conforming to these Specifications to control erosion on the site. Permanent stabilization shall be provided to all areas of land disturbance within seven calendar days of the completion of land disturbance for any area greater than 0.25 acre.

b. Grass or sod removed or damaged in residential areas shall be replanted

with the same variety within seven calendar days of the completion of work in any area.

c. Where permanent stabilization cannot be immediately established because

of an inappropriate season, the Contractor shall provide temporary stabilization. The Contractor shall return to the site at the appropriate season to provide permanent stabilization in areas that received only temporary stabilization.

3.3 Clean-Up A. Dispose of all excess erosion and sedimentation control materials in a manner

satisfactory to the Engineer. B. All temporary erosion control measures shall be removed after final stabilization of the

site has occurred, unless otherwise noted on the Drawings or instructed by the Engineer. C. Final clean-up shall be performed in accordance with the requirements of Section 01 74

00 of these Specifications.

END OF SECTION

Section 01 57 23 NPDES-Storm Water Discharges


Part 1 General 1.01 Description A. The work covered in this section consists of implementing best management practices

(BMPs) to prevent and minimize erosion and resultant sedimentation in all disturbed areas during and after construction. The Contractor shall furnish all material, labor and equipment necessary for the proper installation, maintenance, monitoring, reporting and removal (where applicable) of erosion prevention and control measures and to cause compliance with the General NPDES Permit for Discharges of Storm Water Associated with Construction Activities: Permit No. TNR100000.

B. Related Work: 1. Erosion and Sediment Control - Section 01 57 13 2. Permanent Seeding – Section 32 92 19 3. Permanent Sodding – Section 32 92 23 4. Topsoil - Section 32 91 19.13 5. Storm Water Pollution Prevention Plan (SWPPP) 1.02 Submittals A. The following submittals shall be made in accordance with the requirements of this

Section and of the NPDES Permit as applicable: 1. Notice of Intent (NOI) 2. Credentials of Certified Personnel a. Prior to construction activities, the Contractor shall submit to the Owner in

writing the name(s) of the Contractor’s designated Certified Personnel and shall provide credentials indicating that the named Certified Person has completed an appropriate erosion and sediment courses that fulfills the requirements of the NPDES Permit.

b. The Owner reserves the right to reject any candidate it deems unqualified

for the position and, furthermore, may require the Contractor to replace an unqualified individual with a suitable substitute at anytime throughout the life of the Project, at no additional cost to the Owner.

3. Inspection Checklists and Reports 4. Monitoring Reports 5. Notice of Termination (NOT)

01 57 23 - 2 NPDES-Storm Water Discharges


B. Shop drawings and product data for materials furnished under the ES&PC Plan and this

Section shall be submitted to the Owner in conformance with the requirements of Section 01 33 23 (Shop Drawings, Product Data and Samples) of these Specifications.

1.03 References A. Contractor shall be familiar with the following referenced documents. These documents

shall be complied with as applicable. 1. General NPDES Permit for Discharges of Storm Water Associated with

Construction Activities: Permit No. TNR100000. 2. Tennessee Erosion and Sediment Control Handbook (latest edition). 3. State of Tennessee Department of Transportation Standard Specifications for

Road and Bridge Construction, latest edition. 4. Local Issuing Authority’s Soil Erosion and Sedimentation Control Ordinances. 5. Storm Water Pollution Prevention Plan (SWPPP) as required by the NPDES

Permit. B. The General NPDES Permit for Discharges of Storm Water Associated with

Construction Activities: Permit No. TNR100000 is incorporated into these Specifications by reference. A copy of the permit may be downloaded from the Tennessee Department of Environment & Conservation’s website:

http://www.state.tn.us/environment/permits/conststrm.shtml 1.04 Definitions A. Design Professional: For the purpose of this Section the term Design Professional is

synonymous with consulting engineer, licensed professional, designer, and consultant used in permits, laws, rules, regulations, ordinances and other soil erosion and sediment control references. For the purposes of this Specification the Owner may at any time during the Project provide direction. This direction shall be considered equivalent to direction from the Design Professional.

B. Engineer: For the purposes of this Section the term Engineer refers to a person or

representative for the Owner performing construction oversight and managing construction activities and inspections.

C. Contractor: For the purposes of this Section the term Contractor is synonymous with

General Contractor, Discharger, Operator, Primary Permittee and Permittee (permit holder) as used in permits, laws, rules, regulations, ordinances, and other soil erosion and sediment control references.

D. Certified Personnel or Certified Person: For the purposes of this Section, the terms

Certified Personnel and Certified Person mean a person who has successfully



completed an erosion and sediment controls short course eligible for continuing education units, or an equivalent course approved by Tennessee Department of Environment & Conservation.

E. Other Definitions: Definitions as listed in the NPDES Permit shall apply in this Section. 1.05 Regulatory Compliance A. Land disturbance activities are not authorized to begin until after all required erosion and

sediment control permits are obtained from the United States, the State of Tennessee, and/or Local Issuing Authority. The Contractor is the operator, and therefore a Co-Primary Permittee, under the provisions of the NPDES Permit. As such, Contractor will be required to sign certain certifications as described in the NPDES Permit. Contractor shall comply with requirements specified in the Contract Documents or by the Owner. Contractor shall also comply with all other laws, rules, regulations, ordinances and requirements concerning soil erosion and sediment control established in the United States, the State of Tennessee, and/or Local Issuing Authority. The following documents and the documents referenced therein define the regulatory requirements for this Section.

1. NPDES Permit: The Tennessee General NPDES Permit for Discharges of Storm

Water Associated with Construction Activities: Permit No. TNR100000 governs land disturbance or construction activities of one acre or more. On applicable sites, the Contractor is responsible for complying with terms and conditions of this permit.

2. “Tennessee Erosion and Sediment Control Handbook”, latest edition: Contractor

shall follow Practices and Standards of the Tennessee Erosion and Sediment Control Handbook.

B. The Contractor is responsible for any applicable fees associated with NPDES Permit. C. Fines resulting from non-compliance with the NPDES permit shall be paid by the

Contractor at no additional expense to the Owner. Part 2 Products As specified in the SWPPP, Section 01 57 13, Section 32 92 19, Section 32 92 23 and

Section 32 91 19.13. Part 3 Execution 3.01 Notice of Intent (NOI) A. The NOI shall be signed by the Contractor as Co-Primary Permittee in accordance with

the Signatory Requirements of the NPDES Permit and returned to the Owner for submission to EPD. A copy of the NOI may be downloaded from the Tennessee Department of Environment & Conservation’s website:



http://www.state.tn.us/environment/permits/conststrm.shtml

B. The NOI must be submitted in accordance with the NPDES Permit prior to the start of construction activities. The Contractor may not start construction activities until written authorization from Tennessee Department of Environment & Conservation is received in the form of a letter of coverage under the terms and conditions of the NPDES Permit.

3.02 Installation A. Erosion control measures shall be installed as shown on the Contract Drawings and in

accordance with Section 01 57 13: Erosion and Sediment Control, Section 32 92 19: Permanent Seeding, Section 32 92 23: Permanent Sodding and Section 32 91 19.13: Topsoil.

B. Rainfall and storm water monitoring equipment shall be installed as identified in the

SWPPP and/or as shown on the Contract Drawings. 3.03 Inspections and Reporting A. The Engineer who prepared the SWPPP shall inspect the installation of the erosion

control measures within one week after initial construction activities begin. The Engineer shall notify the Primary Permittee of any deficiencies. The Contractor must correct all deficiencies within two business days of receipt of the Engineer’s inspection report.

B. The Contractor will designate a Certified Person who shall perform all inspections

required by the NPDES Permit and this Specification. C. Reports 1. All inspections shall be summarized in a report. A sample inspection checklist is

included at the end of this Section for the Contractor’s reference and/or use. 2. Reports shall identify any deficiencies and incidents of non-compliance, major

observations relating to the SWPPP, and any revisions or amendments to the SWPPP. Where incidents of non-compliance are not identified within the report, the report shall contain a certification that the facility is in compliance with the SWPPP and the NPDES Permit.

3. All inspection reports shall contain a summary of the inspection, the name and

signature of the Certified Person making the inspection, and the date of the inspection.

4. All inspection reports shall be submitted to the Owner or the Engineer on a weekly

basis for review and retention. The Owner may withhold payments to the Contractor if such reports are not submitted in a timely manner.

5. All reports shall contain signed certification statements as required by the NPDES

Permit. 6. Inspection documentation will be maintained on site and made available upon



request. Inspection reports must be submitted to the Tennessee Department of Environment & Conservation within 10 days of the request. Permittees discharging into impaired or high quality waters are required to use the inspection form provided in Appendix C of the NPDES Permit.

3.04 Maintenance A. Erosion and sediment controls as described in these Contract Documents shall be

maintained in good working condition throughout the life of the project. Any part of the erosion and sediment control components found to be damaged or defective shall be promptly repaired or replaced.

B. After completion of area surfacing, and with the approval of Owner or Engineer, the

Contractor shall remove and dispose off-site all temporary erosion control measures and shall restore the ground to its original condition.

3.05 Monitoring and Reporting A. The Contractor shall monitor and record daily (once each twenty-four hour period)

rainfall data in accordance with the SWPPP and the NPDES Permit. Rainfall measurements shall be made at the same time each day.

1. The following information shall be recorded for each daily rainfall measurement: a. Project name and number b. Contractor’s Certified Person c. Date and time d. Reading and name of person taking reading B. The Owner reserves the right to use its own resources to duplicate monitoring and verify

the work required by the Contractor in this Section. 3.06 Notice of Termination (NOT) When all construction activities have ceased, final stabilization has been implemented

by the Contractor, and the site is in compliance with the NPDES permit, the Contractor shall provide a written statement to the Owner that the site is in compliance with the NPDES permit and that Contractor is prepared to sign and submit the Notice of Termination. The Owner shall make the final submittal of the Notice of Termination (NOT) to Tennessee Department of Environment & Conservation. A copy of the NOT may be downloaded from the Tennessee Department of Environment & Conservation website:

http://www.state.tn.us/environment/permits/conststrm.shtml

END OF SECTION

Section 01 65 00 Product Delivery Requirements


Part 1 General

1.1 Scope

A. The Contractor shall provide transportation of all equipment, materials and products furnished under these Contract Documents to the work site. In addition, the Contractor shall provide preparation for shipment, loading, unloading, handling and preparation for installation and all other work and incidental items necessary or convenient to the Contractor for the satisfactory prosecution and completion of the work.

B. All equipment, materials and products damaged during transportation or handling shall be repaired or replaced by the Contractor at no additional cost to the Owner prior to being incorporated into the work.

1.2 Transportation

A. All equipment shall be suitably boxed, crated or otherwise protected during transportation.

B. Where equipment will be installed using existing cranes or hoisting equipment, the Contractor shall ensure that the weights of the assembled sections do not exceed the capacity of the cranes or hoisting equipment.

C. Small items and appurtenances such as gauges, valves, switches, instruments and probes which could be damaged during shipment shall be removed from the equipment prior to shipment, packaged and shipped separately. All openings shall be plugged or sealed to prevent the entrance of water or dirt.

1.3 Handling

A. All equipment, materials and products shall be carefully handled to prevent damage or excessive deflections during unloading or transportation.

B. Lifting and handling drawings and instructions furnished by the manufacturer or supplier shall be strictly followed. Eyebolts or lifting lugs furnished on the equipment shall be used in handling the equipment. Spreader bars or lifting beams shall be used when the distance between lifting points exceeds that permitted by standard industry practice.

C. Under no circumstances shall equipment or products such as pipe, structural steel, castings, reinforcement, lumber, piles, poles, etc., be thrown or rolled off of trucks onto the ground.

D. Slings and chains shall be padded as required to prevent damage to protective coatings and finishes.

01 65 00 - 2 Product Delivery Requirements




END OF SECTION

Section 01 66 00 Product Storage and Handling Requirements


Part 1 General

1.1 Scope

A. The work under this Section includes, but is not necessarily limited to, the furnishing of all labor, tools and materials necessary to properly store and protect all materials, equipment, products and the like, as necessary for the proper and complete performance of the work.

1.2 Storage and Protection

A. Storage

1. Maintain ample way for foot traffic at all times, except as otherwise approved by the Owner.

2. All property damaged by reason of storing of material shall be properly replaced at no additional cost to the Owner.

3. Packaged materials shall be delivered in original unopened containers and so stored until ready for use.

4. All materials shall meet the requirements of these Specifications at the time that they are used in the work.

5. Store products in accordance with manufacturer's recommendations.

B. Protection

1. Use all means necessary to protect the materials, equipment and products in accordance with manufacturer’s recommendations of every section before, during and after installation and to protect the installed work and materials of all other trades.

2. All materials shall be delivered, stored and handled to prevent the inclusion of foreign materials and damage by water, breakage, vandalism or other causes.

3. Substantially constructed weather-tight storage sheds, with raised floors, shall be provided and maintained as may be required to adequately protect those materials and products stored on the site which may require protection from damage by the elements.

C. Replacements: In the event of damage, immediately make all repairs and replacements necessary for the approval of the Owner and at no additional cost to the Owner.

D. Equipment and products stored outdoors shall be supported above the ground on suitable wooden blocks or braces arranged to prevent excessive deflection or bending between supports. Items such as pipe, structural steel and sheet construction products

01 66 00 - 2 Product Storage and Handling Requirements


shall be stored with one end elevated to facilitate drainage.

E. Unless otherwise permitted in writing by the Owner, building products and materials such as cement, grout, plaster, gypsumboard, particleboard, resilient flooring, acoustical tile, paneling, finish lumber, insulation, wiring, etc., shall be stored indoors in a dry location. Building products such as rough lumber, plywood, concrete block and structural tile may be stored outdoors under a properly secured waterproof covering.

F. Tarps and other coverings shall be supported above the stored equipment or materials on wooden strips to provide ventilation under the cover and minimize condensation. Tarps and covers shall be arranged to prevent ponding of water.

1.3 Extended Storage

A. In the event that certain items of major equipment such as air compressors, pumps and mechanical aerators have to be stored for an extended period of time, the Contractor shall provide satisfactory long-term storage facilities which are acceptable to the Owner. The Contractor shall provide all special packaging, protective coverings, protective coatings, power, nitrogen purge, desiccants, lubricants and exercising necessary or recommended by the manufacturer to properly maintain and protect the equipment during the period of extended storage.

1.4 Owner Furnished Equipment

A. The Contractor shall provide storage and protection for all Owner furnished equipment and materials, including extended storage as specified above.



END OF SECTION

Section 01 71 23.13 Construction Layout


Part 1 General 1.1 Scope A. Construction staking shall include all of the surveying work required to layout the work

and control the location of the finished Project. The Contractor shall have the full responsibility for constructing the Project to the correct horizontal and vertical alignment, as shown on the Drawings, as specified, or as ordered by the Engineer. The Contractor shall assume all costs associated with rectifying work constructed in the wrong location.

B. From the information shown on the Drawings and the information to be provided as

indicated under Project Conditions below, the Contractor shall: 1. Be responsible for setting reference points and/or offsets, establishment of

baselines, and all other layout, staking, and all other surveying required for the construction of the Project.

2. Safeguard all reference points, stakes, grade marks, horizontal and vertical control

points, and shall bear the cost of re-establishing same if disturbed. 3. Stake out the permanent and temporary easements or the limits of construction to

ensure that the work is not deviating from the indicated limits. 4. Be responsible for all damage done to reference points, baselines, center lines

and temporary bench marks, and shall be responsible for the cost of re-establishment of reference points, baselines, center lines and temporary bench marks as a result of the operations.

C. Baselines shall be defined as the line to which the location of the work is referenced, i.e.,

edge of pavement, road centerline, property line, right-of-way or survey line. D. Record Drawing surveys shall be performed in accordance with Section 01 78 39 of

these Specifications. 1.2 Project Conditions A. The Drawings provide the location and/or coordinates of principal components of the

Project. The alignment of some components of the Project may be indicated in the Specifications. The Engineer may order changes to the location of some of the components of the Project or provide clarification to questions regarding the correct alignment.

B. The survey points, control points, and baseline to be provided to the Contractor shall be

limited to only that information which can be found on the Project site by the Contractor.

01 71 23.13 - 2 Construction Layout


1.3 Quality Assurance A. The Contractor shall furnish documentation, prepared by a surveyor currently registered

in the State in which the Project is located, confirming that staking is being done to the horizontal and vertical alignment shown in the Contract Documents. This requires that the Contractor hire, at the Contractor's own expense, a currently registered surveyor, acceptable to the Owner, to provide ongoing construction staking or confirmation of such.

B. Any deviations from the Drawings shall be confirmed by the Engineer prior to

construction of that portion of the Project.

END OF SECTION

Section 01 74 00 Cleaning and Waste Management


Part 1 General

1.1 Work Included

A. Section includes requirements for cleanup, re-stabilization, restoration, and disposal to maintain a safe and well-kept job site and properly repair disturbed areas.

1.2 Quality Assurance

A. Daily, and more often if necessary, conduct inspections verifying that requirements of cleanliness are being met.

B. In addition to the standards described in this Section, comply with all pertinent requirements of governmental agencies having jurisdiction.

1.3 Cleaning Materials and Equipment

A. Provide all required personnel, equipment and materials needed to maintain the specified standard of cleanliness.

B. Use only the cleaning materials, methods and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material or as approved by the Engineer.

1.4 Cleaning During Construction

A. (For Exterior Areas) Throughout all phases of construction, including suspension of work, and until the Final Acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on driveways, parking lots or streets will not be permitted as a substitute for sweeping or other methods.

1. The road(s) on the construction site shall be paved immediately after the installation of underground utilities and the construction and underground/final inspection of storm drainage, curbs, and gutters. The exit road on the construction site shall be paved first.

2. Vehicles exiting the construction site shall have all dirt clods and mud removed from their tires.

3. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of

01 74 00 - 2 Cleaning and Waste Management


equipment, unused materials and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.

4. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned.

5. Excess excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

B. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.

1.5 Final Cleaning

A. Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Owner.

B. Restore or replace all landscape features scarred or damaged by the Contractor's equipment or operations as nearly as possible to original condition, at the Contractor's expense. The Owner will approve the method of restoration to be used.

C. The Contractor shall remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction, as directed by the Owner. It is anticipated that excavation, filling and plowing of roadways will be required to restore the area to near natural conditions which will permit the growth of vegetation thereon. The restored areas shall be filled, graded, and spread with sufficient topsoil to provide a minimum depth of four inches of suitable soil for the growth of grass, and the entire area shall be seeded or sodded with the original type of grass. Areas shall be restored to original contours as shown on the Plans. If the Plans do not cover the specific areas to be restored, the areas shall be graded to drain and give a smooth transition to the surroundings.

1.6 Measurement and Payment

A. No separate payment will be made for any items of work, materials, parts, equipment, supplies, or related items required to perform and complete the requirements of this section. The costs for all such items required shall be considered subsidiary to other items of this Contract and shall not be paid for separately.



1.7 Disposal of Waste A. Except for items or materials to be salvaged, recycled, or otherwise reused, and except

for options available below for vegetative waste generated by clearing and grubbing operations, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction.

B. Except as otherwise specified, do not allow waste materials that are to be disposed of

accumulate on-site. C. Remove and transport waste in a manner that will prevent spillage on adjacent surfaces

and areas. C. Vegetative waste generated by clearing and grubbing operations may be disposed of by

mulching. At no time shall a fire be unattended, and the Contractor shall be responsible for damage occasioned by such fires. Timber within the areas cleared shall become the property of the Contractor. The Contractor may cut, trim, hew, saw or otherwise dress felled timber within the limits of the work area, provided all timber and all waste materials are disposed of as specified. All residual matter from burning and mulching operations shall be removed from the Project site as waste in accordance with the provisions of this section of the Specifications.

D. Burning: Except as allowed under Paragraph C above, do not burn waste materials on

site. E. Waste removed from the Project site shall be disposed of in sites permitted by the

Tennessee Department of Environment and Conservation (TDEC) for the acceptance of type of waste being disposed in accordance with Rules of TDEC Solid Waste Management, including Chapter 0400-11-01. Landfill types include

1. Class I Landfills - municipal solid waste, household waste, shredded/waste tires 2. Class II Landfills - industrial waste 3. Class III Landfills - farming wastes, landscaping and land clearing wastes 4. Class IV Landfills - construction and demolition waste F. Exceptions to Paragraph E are as follows: 1. Certain other wastes (such as medical/infectious waste, dead animals, sludges,

pesticides wastes, hazardous wastes, asbestos) require special waste approval prior to disposal. See the TDEC Environmental Permitting Handbook for more information.

2. Hazardous waste shall be disposed of in accordance with Rules of TDEC Solid

Waste Management, including but not limited to Chapter 0400-12-01 and the rules and regulations of the United States Environment Protection Agency (EPA).



2. Asbestos-containing waste shall also be handled and disposed in accordance with TCA 68-201-101 et seq, Rules of the Tennessee Department of Health, and TDEC Bureau of Environmental Health Services, Division of Air Pollution, including Chapter 1200-3-11-.02 and 40 CFR 61.

3. Excess earth material and excess excavated rock material may be placed on sites

for which the Contractor provides to the Owner a signed affidavit from the property owner that the placement of such material is acceptable to the property owner. The Contractor and property owner shall be responsible for all permitting of such disposal.

G. No waste shall be placed at a transfer station facility. H. The Contractor shall maintain records related to all waste removed from the Project site

so as to allow the Owner or the Engineer to readily determine the following: 1. Date waste removed from Project site. 2. Name of hauler (company and driver) transporting such waste. 3. General description of waste transported. 4. “Truck tickets” indicating the waste disposal site and amount of waste disposed

therein.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED) END OF SECTION

Section 01 77 00 Contract Closeout



A. Closeout Procedures.

B. Project Record Documents.

C. Warranties and Bonds. 1.2 CLOSEOUT PROCEDURES

A. Comply with procedures stated in General Conditions of the contract and procedures specified in this Section for issuance of Certificate of Substantial Completion.

B. When Contractor considers work has reached final completion, submit written

certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for A/E's inspection.

C. In addition to submittals required by the conditions of the contract, provide submittals

required by governing authorities, and submit a final statement of accounting, giving total adjusted Contract Sum, previous payments, and sum remaining due.

D. A/E will issue a final Change Order reflecting approved adjustments to Contract Sum

not previously made by Change Order. 1.3 SUBSTANTIAL COMPLETION

A. When Contractor considers the work or designated portion of work is substantially complete, submit written notice.

B. Should A/E inspection find work is not substantially complete, he will promptly notify

Contractor in writing, listing observed deficiencies.

C. Contractor shall remedy deficiencies and send a second written notice of substantial completion.

D. When A/E finds work is substantially complete, he will prepare a Certificate of

Substantial Completion in accordance with provisions of General Conditions. 1.4 FINAL COMPLETION

A. The final inspection at the job site will be done by the A/E once the following items are received from the General Contractor:

01 77 00 - 2 Contract Closeout


1. A letter stating that a qualified person authorized by the General Contractor has fully reviewed the Contract Document and inspected the work and that they both agree.

2. A letter stating that the work is complete and in accordance with the Contract Documents and ready for final inspection.

3. Work has been completed in accordance with Contract Documents, and deficiencies listed with Certificate of Substantial Completion have been corrected.

4. A letter stating that the Construction Record Documents are complete and be provided to the A/E before final inspection.

5. Work is complete and ready for final inspection.

B. Should A/E inspection find work incomplete, he will promptly notify Contractor in writing listing observed deficiencies.

C. Contractor shall remedy deficiencies and send a second certification of final completion.

D. When A/E finds work is complete, he will consider closeout submittals.

1.5 REINSPECTION FEES

A. Should status of completion of work, for either substantial completion or final inspection, require reinspection by A/E due to failure of work to comply with Contractor's claims on initial inspection, the Contractor will reimburse the A/E compensation for reinspection services at the rate of one hundred dollars no cents ($100) per hour per person plus all related travel expenses for each requested reinspection trip.

1.6 APPLICATION FOR FINAL PAYMENT

A. Submit application for final payment in accordance with provisions of Conditions of the contract.

PART 2 PRODUCTS NOT USED

PART 3 EXECUTION NOT USED END OF SECTION

Section 01 78 36 Warranties


Part 1 General 1.1 Project Maintenance and Warranty A. Maintain and keep in good repair the work covered by these Drawings and Specifications

until acceptance by the Owner. B. The Contractor shall warrant all work for a period of time as stated in the General

Conditions. The Owner will give notice of observed defects with reasonable promptness. C. The Contractor shall not be obligated to make replacements which become necessary

because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor or the Owner, or to perform any work which is normally performed by a maintenance crew during operation.

D. In the event of multiple failures of major consequences prior to the expiration of the

Correction Period described in the General Conditions, the affected unit shall be disassembled, inspected and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered non-serviceable as a consequence of the failure shall be replaced. A new warranty and Correction Period, as described in the General Conditions, against defective or deficient design, workmanship, and materials shall commence on the day that the item is reassembled and placed back into operation. As used herein, multiple failure shall be interpreted to mean two or more successive failures of the same kind in the same item or failures of the same kind in two or more items. Major failures may include, but are not limited to, cracked or broken housings, piping, or vessels, excessive deflections, bent or broken shafts, broken or chipped gear teeth, premature bearing failure, excessive wear or excessive leakage around seals. Failures which are directly and clearly traceable to operator abuse, such as operations in conflict with published operating procedures or improper maintenance, such as substitution of unauthorized replacement parts, use of incorrect lubricants or chemicals, flagrant over- or under-lubrication and using maintenance procedures not conforming with published maintenance instructions, shall be exempted from the scope of the one-year warranty. Should multiple failures occur in a given item, all products of the same size and type shall be disassembled, inspected, modified or replaced as necessary and rewarranted for one year from the date of reassembly.

E. The Contractor shall, at Contractor's own expense, furnish all labor, materials, tools and

equipment required and shall make such repairs and removals and shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials, in any part of the work performed by the Contractor. Such repair shall also include refilling of trenches, excavations or embankments which show settlement or erosion after backfilling or placement.

F. Except as noted on the Drawings or as specified in the Bid Sheet, all structures such as

embankments and fences shall be returned to their original condition prior to the completion of the Contract. Any and all damage to any facility not designated for removal, resulting from the Contractor's operations, shall be promptly repaired by the

01 78 36 - 2 Warranties and Bonds


Contractor at no cost to the Owner. G. The Contractor shall be responsible for all road and entrance reconstruction and repairs

and maintenance of same for the duration of the Correction Period, as defined in the General Conditions. In the event the repairs and maintenance are not made immediately and it becomes necessary for the owner of the road to make such repairs, the Contractor shall reimburse the owner of the road for the cost of such repairs.

H. In the event the Contractor fails to proceed to remedy the defects upon notification within

15 days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as described in the Drawings and Specifications, and to hold the Contractor and the sureties on Contractor's bond liable for the cost and expense thereof.

I. Notice to Contractor for repairs and reconstruction will be made in the form of a

registered letter addressed to the Contractor at Contractor's home office. J. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any

special guarantee time limit implies any limitation of the Contractor's liability within the law of the place of construction.

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 01 78 39 Record Documents


Part 1 General 1.1 Scope A. The work under this Section includes, but is not necessarily limited to, the compiling,

maintaining, recording and submitting of Project record documents as herein specified. B. Record documents include, but are not limited to: 1. Drawings; 2. Specifications; 3. Change orders and other modifications to the Contract; 4. Engineer field orders or written instructions, including Requests for Information

(RFI) and Clarification Memorandums; 5. Reviewed shop drawings, product data and samples; 6. Test records. C. The Contractor shall maintain on the Project site throughout the Contract Time an up to

date set of Record Drawings. 1.2 Maintenance of Documents and Samples A. Storage 1. Store documents and samples in the Contractor's field office, apart from

documents used for construction. 2. Provide files and racks for storage of documents. 3. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with format of these Specifications. C. Maintenance 1. Maintain documents in a clean, dry, legible condition and in good order. 2. Do not use record documents for construction purposes. 3. Maintain at the site for the Owner one copy of all record documents. D. Make documents and samples available at all times for inspection by Engineer. E. Failure to maintain the Record Documents in a satisfactory manner may be cause for

01 78 39 - 2 Record Documents


withholding of a certificate for payment. 1.3 Quality Assurance A. Unless noted otherwise, Record Drawings shall provide dimensions, distances and

coordinates to the nearest 0.1 foot. B. Unless noted otherwise, Record Drawings shall provide elevations to the nearest 0.01

foot for all pertinent items constructed by the Contractor. 1.4 Recording A. Label each document “Project Record” in neat, large printed letters. B. Recording 1. Record information concurrently with construction progress. 2. Do not conceal any work until required information is recorded. 1.5 Record Drawings A. Record Drawings shall be reproducible, shall have a title block indicating that the

drawings are Record Drawings, the name of the company preparing the Record Drawings, and the date the Record Drawings were prepared.

B. Legibly mark drawings to record actual construction, including: 1. All Construction a. Changes of dimension and detail. b. Changes made by Requests for Information (RFI), field order, clarification

memorandums or by change order. c. Details not on original Drawings. 2. Site Improvements, Including Underground Utilities a. Horizontal and vertical locations of all exposed and underground utilities and

appurtenances, both new facilities constructed and those utilities encountered, referenced to permanent surface improvements.

b. Location of and dimensions of roadways and parking areas, providing

dimensions to back of curb when present. c. The locations shall be referenced to at least two easily identifiable,

permanent landmarks (e.g., power poles, valve markers, etc.) or benchmarks.

01 78 39 - 3 Record Documents


3. Structures a. Depths of various elements of foundation in relation to finish first floor datum

or top of wall. b. Location of internal and buried utilities and appurtenances concealed in the

construction, referenced to visible and accessible features of the structure. 1.6 Specifications A. Legibly mark each section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item

of equipment actually installed. 2. Changes made by Requests for Information (RFI), field order, clarification

memorandums, or by change order. 1.7 Submittal A. At contract closeout, deliver Record Documents to the Engineer for the Owner. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each record document 5. Signature of Contractor or Contractor's authorized representative

Part 2 Products

(NOT USED)

Part 3 Execution

(NOT USED)

END OF SECTION

Section 02 41 00 Demolition


Part 1 General

1.1 Work Included

A. Demolition of designated structures, mechanical equipment, electrical equipment, utilities, and other existing facilities.

B. Unless otherwise noted, removal all demolition material from the project site and properly dispose of all demolition material at a location selected and provided by the Contractor.

C. As noted, remove and salvage electrical and mechanical equipment and facilities for reuse on this project and/or for delivery to the Owner for Owner’s future use.

D. Final grading and finishing of site.

1.2 Project Description

A. Demolition Plan

1. Prepare a Demolition Plan and submit proposed salvage, demolition, and removal procedures for approval before work is started. Include in the plan procedures for careful removal and disposition of materials specified to be salvaged, coordination with other work in progress, a disconnection schedule of utility services, and a detailed description of methods and equipment to be used for each operation. Plan shall be approved by Engineer prior to work beginning.

2. General Requirements: Do not begin demolition or deconstruction until authorization is received from the Engineer. Remove rubbish and debris from the project site; do not allow accumulations. Store materials that cannot be removed daily in areas specified by the Engineer.

1.3 Items To Remain In Place

A. Take necessary precautions to avoid damage to existing items to remain in place, to be reused, or to remain the property of the Owner. Repair or replace damaged items as approved by the Engineer. Coordinate the work of this section with all other work indicated.

B. Construct and maintain shoring, bracing, and supports as required. Ensure that structural elements are not overloaded. Increase structural supports or add new supports as may be required as a result of any cutting, removal, deconstruction, or demolition work performed under this contract. Do not overload structural elements. Provide new supports and reinforcement for existing construction weakened by demolition, deconstruction, or removal work. Repairs, reinforcement, or structural replacement require approval by the Engineer prior to performing such work.

02 41 00 - 2 Demolition


C. Do not overload pavements to remain.

D. Existing Construction Limits and Protection: Do not disturb existing construction beyond the extent indicated or necessary for installation of new construction. Provide temporary shoring and bracing for support of building components to prevent settlement or other movement. Provide protective measures to control accumulation and migration of dust and dirt in all work areas. Remove dust, dirt, and debris from work areas daily.

1. Trees: Protect trees within the project site which might be damaged during demolition, and which are indicated to be left in place, in accordance with local ordinances. If no local ordinances govern tree protection, provide a minimum 4 foot high fence. Erect and secure fence a minimum of 5 feet from the trunk of individual trees or follow the outer perimeter of branches or clumps of trees. Replace any tree designated to remain that is damaged during the work under this contract with like-kind or as approved by the Engineer.

2. Utility Service: Maintain existing utilities indicated to stay in service and protect against damage during demolition and deconstruction operations. Prior to start of work, utilities serving each area of alteration or removal will be shut off by the Owner and disconnected and sealed by the Contractor.

E. Facilities:

1. Protect electrical and mechanical services and utilities. Where removal of existing utilities and pavement is specified or indicated, provide approved barricades, temporary covering of exposed areas, and temporary services or connections for electrical and mechanical utilities.

2. Floors, roofs, walls, columns, pilasters, and other structural components that are designed and constructed to stand without lateral support or shoring, and are determined to be in stable condition, must remain standing without additional bracing, shoring, or lateral support until demolished, unless directed otherwise by the Engineer. Ensure that no elements determined to be unstable are left unsupported and place and secure bracing, shoring, or lateral supports as may be required as a result of any cutting, removal, or demolition work performed under this contract.

1.4 Availability of Work Areas

A. Areas in which the work is to be accomplished will be available in accordance with the following schedule:

1.5 Submittals

A. Submit the following in accordance with Section [01 33 00 - Submittal Procedures]:

B. Existing Conditions Survey

C. Demolition Plan




A. Comply with federal, state, and local hauling and disposal regulations.

B. Use of explosives will not be permitted.

C. Dust and Debris Control: Prevent the spread of dust and debris to occupied portions of the building and avoid the creation of a nuisance in the surrounding area. Do not use water if it results in hazardous or objectionable conditions such as, but not limited to, ice, flooding, or pollution.

1.7 Protection

A. Traffic Control Signs

1. Where pedestrian safety is endangered in the area of removal work, use traffic barricades with flashing lights. Notify the Engineer prior to beginning such work.

1.8 Relocations

A. Perform the removal and reinstallation of relocated items as indicated with workmen skilled in the trades involved. Repair or replace items to be relocated which are damaged by the Contractor with new undamaged items as approved by the Engineer.

1.9 Existing Conditions

A. Before beginning any demolition or deconstruction work, survey the site and examine the drawings and specifications to determine the extent of the work. Record existing conditions in the presence of the Engineer showing the condition of structures and other facilities adjacent to areas of alteration or removal. Photographs sized 4 inch by 6 inch or electronic photographs of equivalent resolution will be acceptable as a record of existing conditions. Include in the record the elevation of the top of foundation walls, finish floor elevations, possible conflicting electrical conduits, plumbing lines, alarms systems, the location and extent of existing cracks and other damage and description of surface conditions that exist prior to before starting work. It is the Contractor's responsibility to verify and document all required outages which will be required during the course of work, and to note these outages on the record document.

B. Submit survey results.

Part 2 Products

2.1 Fill Material

A. Comply with excavating, backfilling, and compacting procedures for soils used as backfill material to fill voids, depressions or excavations resulting from demolition of structures.

B. Proposed fill material must be sampled and tested by an approved soil testing



laboratory, as follows:

Soil classification AASHTO M 145

Moisture-density relations AASHTO T180, Method B or D

Part 3 Execution

3.1 Existing Facilities to Be Removed

A. Structures

1. Remove existing structures indicated to be removed to grade.

2. Demolish structures in a systematic manner from the top of the structure to the ground. Complete demolition work above each tier or floor before the supporting members on the lower level are disturbed. Demolish concrete and masonry walls in small sections. Remove structural framing members and lower to ground by means of derricks, platforms hoists, or other suitable methods as approved by the Engineer.

3. Locate demolition and deconstruction equipment throughout the structure and remove materials so as to not impose excessive loads to supporting walls, floors, or framing.

B. Remove sidewalks, curbs, gutters and street light bases as indicated.

C. Utilities and Related Equipment

1. General Requirements: Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by the Engineer. Do not begin demolition work until all utility disconnections have been made. Shut off and cap utilities for future use, as indicated.

2. Disconnecting Existing Utilities: Remove existing utilities as indicated and terminate in a manner conforming to the nationally recognized code covering the specific utility and approved by the Engineer. When utility lines are encountered but are not indicated on the drawings, notify the Engineer prior to further work in that area. Remove meters and related equipment and deliver to Owner in accordance with instructions of the Engineer.

D. Chain Link Fencing

1. Remove chain link fencing, gates and other related salvaged items scheduled for removal and transport to designated areas. Remove gates as whole units. Cut chain link fabric to 25 foot lengths and store in rolls off the ground.

E. Paving and Slabs

1. Sawcut concrete and asphaltic concrete paving and slabs Provide neat sawcuts



at limits of pavement removal as indicated.

2. Pavement and slabs designated to be recycled and utilized in this project shall be moved, ground and stored as directed by the Engineer. Pavement and slabs not to be used in this project shall be removed from the site at Contractor's expense.

F. Masonry

1. Sawcut and remove masonry so as to prevent damage to surfaces to remain, to removed materials being salvaged, and to facilitate the installation of new work. Where new masonry adjoins existing, the new work shall abut or tie into the existing construction as specified for the new work. Provide square, straight edges and corners where existing masonry adjoins new work and other locations.

G. Concrete

1. Saw concrete along straight lines to a depth of a minimum 2 inch. Make each cut in walls perpendicular to the face and in alignment with the cut in the opposite face. Break out the remainder of the concrete provided that the broken area is concealed in the finished work, and the remaining concrete is sound. At locations where the broken face cannot be concealed, grind smooth or saw cut entirely through the concrete. Salvage removed concrete.

H. Patching

1. Where removals leave holes and damaged surfaces exposed in the finished work, patch and repair these holes and damaged surfaces to match adjacent finished surfaces, using on-site materials when available. Where new work is to be applied to existing surfaces, perform removals and patching in a manner to produce surfaces suitable for receiving new work. Finished surfaces of patched area shall be flush with the adjacent existing surface and shall match the existing adjacent surface as closely as possible as to texture and finish. For concrete and masonry, completely fill holes and depressions, caused by previous physical damage or left as a result of removals in existing masonry walls to remain, with an approved masonry patching material, applied in accordance with the manufacturer's printed instructions.

2. Disconnect mechanical hardware at the nearest connection to existing services to remain, unless otherwise noted. Disconnect mechanical equipment and fixtures at fittings. Remove service valves attached to the unit. Salvage each item of equipment and fixtures as a whole unit; listed, indexed, tagged, and stored. Salvage each unit with its normal operating auxiliary equipment. Transport salvaged equipment and fixtures, including motors and machines, to a designated storage area as directed by the Engineer.

3. Do not remove equipment until approved.

4. Preparation for Storage: Remove water, dirt, dust, and foreign matter from units; tanks, piping and fixtures shall be drained; interiors, if previously used to



store flammable, explosive, or other dangerous liquids, shall be steam cleaned. Seal openings with caps, plates, or plugs. Secure motors attached by flexible connections to the unit. Change lubricating systems with the proper oil or grease.

I. Piping: Disconnect piping at unions, flanges and valves, and fittings as required to reduce the pipe into straight lengths for practical storage. Store salvaged piping according to size and type. If the piping that remains can become pressurized due to upstream valve failure, end caps, blind flanges, or other types of plugs or fittings with a pressure gage and bleed valve shall be attached to the open end of the pipe to ensure positive leak control. Carefully dismantle piping that previously contained gas, gasoline, oil, or other dangerous fluids, with precautions taken to prevent injury to persons and property. Store piping outdoors until all fumes and residues are removed. Box prefabricated supports, hangers, plates, valves, and specialty items according to size and type. Classify piping not designated for salvage, or not reusable, as scrap metal.

J. Electrical Equipment and Fixtures

1. Salvage motors, motor controllers, and operating and control equipment that are attached to the driven equipment. Salvage wiring systems and components. Box loose items and tag for identification. Disconnect primary, secondary, control, communication, and signal circuits at the point of attachment to their distribution system.

2. Fixtures: Remove and salvage electrical fixtures. Salvage unprotected glassware from the fixture and salvage separately. Salvage incandescent, mercury-vapor, and fluorescent lamps and fluorescent ballasts manufactured prior to 1978, boxed and tagged for identification, and protected from breakage.

3. Electrical Devices: Remove and salvage switches, switchgear, transformers, conductors including wire and nonmetallic sheathed and flexible armored cable, regulators, meters, instruments, plates, circuit breakers, panelboards, outlet boxes, and similar items. Box and tag these items for identification according to type and size.

4. Wiring Ducts or Troughs: Remove and salvage wiring ducts or troughs. Dismantle plug-in ducts and wiring troughs into unit lengths. Remove plug-in or disconnecting devices from the busway and store separately.

5. Conduit and Miscellaneous Items: Salvage conduit except where embedded in concrete or masonry. Consider corroded, bent, or damaged conduit as scrap metal. Sort straight and undamaged lengths of conduit according to size and type. Classify supports, knobs, tubes, cleats, and straps as debris to be removed and disposed.

3.2 Concurrent Earth-moving Operations

A. Do not begin excavation, filling, and other earth-moving operations that are sequential to demolition or deconstruction work in areas occupied by structures to be demolished until all demolition in the area has been completed and debris removed. Fill holes



and other hazardous openings.

3.3 Disposition of Material

A. Title to Materials: Except for salvaged items specified in related Sections, and for materials or equipment scheduled for salvage, all materials and equipment removed and not reused or salvaged, shall become the property of the Contractor and shall be removed from Owner’s property. Title to materials resulting from demolition, and materials and equipment to be removed, is vested in the Contractor upon approval by the Engineer of the Contractor's demolition and removal procedures, and authorization by the Engineer to begin demolition and deconstruction. The Owner will not be responsible for the condition or loss of, or damage to, such property after contract award. Showing for sale or selling materials and equipment on site is prohibited.

B. Reuse of Materials and Equipment: Remove and store materials and equipment in the Demolition Plan to be reused or relocated to prevent damage and reinstall as the work progresses.

C. Salvaged Materials and Equipment: Remove materials and equipment that are listed in the Demolition Plan be removed by the Contractor and that are to remain the property of the Owner.

1. Salvage items and material to the maximum extent possible.

2. Store all materials salvaged for the Contractor as approved by the Engineer and remove from Owner’s property before completion of the contract. On site sales of salvaged material is prohibited.

3. Remove salvaged items to remain the property of the Owner in a manner to prevent damage, and packed or crated to protect the items from damage while in storage or during shipment. Items damaged during removal or storage must be repaired or replaced to match existing items. Properly identify the contents of containers.

D. Unsalvageable and Non-Recyclable Material: Dispose of unsalvageable and non-recyclable noncombustible material off-site in accordance with appropriate regulations.

3.4 Cleanup

A. Remove debris and rubbish. Remove and transport the debris in a manner that prevents spillage on streets or adjacent areas. Apply local regulations regarding hauling and disposal.

3.5 Disposal of Removed Materials

A. Regulation of Removed Materials: Dispose of debris, rubbish, scrap, and other non-salvageable materials resulting from removal operations in accordance with all applicable federal, state and local regulations.



B. Removal from Owner’s Property: Transport waste materials removed from demolished and deconstructed structures, except waste soil, from Owner’s property for legal disposal. Dispose of waste soil as directed.

3.6 Reuse of Salvaged Items

A. Recondition salvaged materials and equipment designated for reuse before installation. Replace items damaged during removal and salvage operations or restore them as necessary to usable condition.

END OF SECTION

Section 31 11 00 Clearing and Grubbing


Part 1 General

1.1 Work Included

A. Provide labor, materials, equipment and incidentals necessary to perform operations in connection with clearing, grubbing, and disposal of cleared and grubbed materials.

1.2 Definitions

A. Interfering or Objectionable Material: Trash, rubbish, and junk; vegetation and other organic matter, whether alive, dead, or decaying; topsoil.

B. Clearing: Removal of interfering or objectionable material lying on or protruding above ground surface.

C. Grubbing: Removal of vegetation and other organic matter including stumps, buried logs, and roots greater than 2 inches caliper to a depth of 6 inches below subgrade.

D. Scalping: Removal of sod without removing more than upper 3 inches of topsoil.

E. Stripping: Removal of topsoil remaining after applicable scalping is completed.

F. Project Limits: Areas, as shown or specified, within which Work is to be performed.

1.3 Submittals

A. Submit work plan in accordance with Section 01 33 00.

B. The limits of clearing, grubbing and stripping are defined in Section 3.3 and detailed on the project plans.


A. Obtain Owner's approval of staked clearing, grubbing, and stripping limits, prior to commencing clearing, grubbing, and stripping.

1.5 Scheduling and Sequencing

A. Prepare site only after adequate erosion and sediment controls are in place. Limit areas exposed uncontrolled to erosion during installation of temporary erosion and sediment controls.


31 11 00 - 2 Clearing and Grubbing


Part 3 Execution

3.1 General

A. Protect and maintain benchmarks and survey control points from disturbance during construction.

B. Clear, grub, and strip areas actually needed for staging area or site improvements within limits shown or specified. Do not injure or deface vegetation that is not designated for removal.

3.2 Preparation

A. Mark areas to be cleared and grubbed prior to commencing clearing operations. The Owner shall approve clearing and grubbing limits prior to commencement of clearing operations.

B. Locate, identify, disconnect, and seal or cap utilities indicated to be removed or abandoned in place. Excavate for, and remove, underground utilities indicated to be removed.

1. Arrange with utility owners to shut-off indicated utilities.

C. Trees and shrubs outside of the clearing limits, which are within 10' of the clearing limits, shall be clearly marked to avoid damage during clearing and grubbing operations.

D. Remove trees and brush outside the clearing limits, but within the immediate vicinity of the work, upon receipt of approval by the Owner, when the trees or brush interfere with the progress of construction operations.

E. Clearly mark trees and shrubs within the clearing limits, which are to remain, and protect the trees and shrubs from damage during the clearing and grubbing operations.

F. The clearing limits shall not extend beyond the project limits.

3.3 Limits

A. As follows, but not to extend beyond Project limits.

1. Excavation Including Trenches: 5 feet beyond top of cut slopes.

2. Fill:

a. Clearing and Grubbing: 5 feet beyond toe of permanent fill.

b. Stripping and Scalping: 5 feet beyond toe of permanent fill.

3. Staging Area:



a. Clearing: 5 feet beyond perimeter.

b. Scalping and Stripping: As shown.

c. Grubbing: Around perimeter as necessary for neat finished appearance.

4. Other Areas: As shown.

B. Remove rubbish, trash, and junk from entire area within project limits.

3.4 Clearing

A. Clear areas within limits of construction.

B. Fell trees so that they fall away from facilities and vegetation not designated for removal.

C. Cut stumps not designated for grubbing flush with ground surface.

D. Cut off shrubs, brush, weeds, and grasses to within 2 inches of ground surface.

3.5 Site Improvements

A. Remove existing above- and below-grade improvements as indicated and necessary to facilitate new construction.

B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated.

1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut along line of existing pavement to remain before removing adjacent existing pavement. Saw-cut faces vertically.

2. Paint cut ends of steel reinforcement in concrete to remain with two coats of antirust coating, following coating manufacturer's written instructions. Keep paint off surfaces that will remain exposed.

3.6 Grubbing

A. Grub areas within limits of construction.

3.7 Scalping

A. Do not remove sod until after clearing and grubbing is completed and resulting debris is removed.

B. Scalp areas within limits shown or specified.

3.8 Stripping

A. Do not remove topsoil until after scalping is completed.



B. Strip areas within limits to minimum depths shown or specified. Do not remove subsoil with topsoil.

C. Stockpile strippings, meeting requirements of Section 31 20 00 – Earth Moving for topsoil, separately from other excavated material.

3.9 Tree Removal Outside Clearing Limits

A. Remove Trees Within Project Limits:

1. Dead, dying, leaning, or otherwise unsound trees that may strike and damage Project facilities in falling.

2. Trees designated by Owner for removal.

B. Remove stumps and debris, and if disturbed, restore surrounding area to its original condition.

3.10 Pruning

A. Remove branches below the following heights: 20 feet above proposed ground level.

B. Prune as indicated in local ordinances and the tree protection plans.

3.11 Salvage

A. Saleable logs timber may be sold to Contractor’s benefit. Promptly remove from Project site.

B. Sod with commercial value may be sold to Contractor’s benefit. Promptly remove from Project site.

3.12 Disposal

A. Clearing and Grubbing Debris:

1. Dispose of debris offsite.

2. Burning of debris onsite will not be allowed.

3. Woody debris may be chipped. Chips may be sold to Contractor’s benefit or used for landscaping onsite as mulch or uniformly mixed with topsoil, provided that resulting mix will be fertile and not support combustion. Maximum dimensions of chipped material used onsite shall be 1/4-inch by 2 inch. Dispose of chips that are unsaleable or unsuitable for landscaping or other uses with unchipped debris.

4. Limit offsite disposal of clearing and grubbing debris to locations that are approved by federal, state, and local authorities, and that will not be visible from Project.



B. Scalpings: As specified for clearing and grubbing debris.

C. Strippings:

1. Dispose of strippings that are unsuitable for topsoil or that exceed quantity required for topsoil offsite.

2. Stockpile topsoil in sufficient quantity to meet Project needs. Dispose of excess strippings as specified for clearing and grubbing.

D. Completely remove timber, logs, roots, brush, rotten wood, and other refuse from the Owner’s property. Disposal of materials in streams shall not be permitted and no materials shall be piled in stream channels or in areas where it might be washed away by floods. Timber within the area to be cleared shall become the property of the Contractor, and the Contractor may cut, trim, hew, saw, or otherwise dress felled timber within the limits of the Owner’s property, provided timber and waste material is disposed of in a satisfactory manner. Materials shall be removed from the site daily, unless permission is granted by the Owner to store the materials for longer periods.

END OF SECTION

Section 31 20 00 Earthwork


Part 1 General

1.1 Scope

A. This specification section includes earthwork and related operations, including, but not limited to, clearing and grubbing the construction site, dewatering, excavating all classes of material encountered, pumping, draining and handling of water encountered in the excavations, handling, storage, transportation, and disposal of all excavated and unsuitable material, construction of fills and embankments, backfilling around structures and pipe, backfilling all trenches and pits, compacting, all sheeting, shoring and bracing, preparation of subgrades, surfacing and grading, and any other similar, incidental, or appurtenant earthwork operation which may be necessary to properly complete the work.

B. The Contractor shall provide all services, labor, materials and equipment required for all earthwork and related operations necessary or convenient to the Contractor for furnishing a complete work as shown on the Drawings or specified in these Contract Documents.

1.2 General

A. The earthwork operations shall be performed in accordance with this specification and in accordance with the recommendations of the on-site Geotechnical Engineer of Owner’s Representative.

B. The elevations shown on the Drawings as existing are taken from the best existing data and are intended to give reasonable, accurate information about the existing elevations. They are not precise, and the Contractor should satisfy himself as to the exact quantities of excavation and fill required.

C. Earthwork operations shall be performed in a safe and proper manner with appropriate precautions being taken against all hazards.

D. All excavated and filled areas for structures, trenches, fills, topsoil areas, embankments and channels shall be maintained by the Contractor in good condition at all times until final acceptance by the Owner. All damage caused by erosion or other construction operations shall be repaired by the Contractor using material of the same type as the damaged material.

E. No subsurface investigation has been performed for the surcharge material. The Owner and Engineer give no guarantee, either expressed or implied, regarding the material to be encountered performing the excavation and earthwork on this project.

F. Earthwork within the rights-of-way of the State Department of Transportation, Shelby County, and the City of Collierville shall be done in accordance with requirements and provisions of the permits issued by those agencies for the construction within their respective rights-of-way. Such requirements and provisions, where applicable, shall take precedence and supersede the provisions of these Specifications.

31 20 00 - 2 Earthwork


G. The Contractor shall control grading in a manner to prevent water running into excavations. Obstruction of surface drainage shall be avoided and means shall be provided whereby storm water can be uninterrupted in existing gutters, other surface rains, or temporary drains. Material for backfill or for protection of excavation in public roads from surface drainage shall be neatly placed and kept shaped so as to cause the least possible interference with public travel. Free access must be provided to all fire hydrants, water gates, meters, and private drives.

H. No classification of excavated materials will be made. Excavation and trenching work shall include the removal and subsequent handling of all materials excavated or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof. It is understood that any reference to rock, earth or other materials is not an indication of classified excavation.

I. Tests for compaction and density shall be conducted by the Engineer or by an independent testing laboratory selected by him. Costs of compaction tests performed by an independent testing laboratory shall be paid for directly by the Owner and not as a part of this Contract. The Contractor shall make all necessary excavations and shall supply any samples of materials necessary for conducting compaction and density tests. The cost of all retests made necessary by the failure of materials to conform to the requirements of these Contract Documents shall be paid by the Contractor.

J. All earthwork operations shall comply with the requirements of OSHA Construction Standards, Part 1926, Subpart P, Excavations, Trenching, and Shoring, and Subpart O, Motor Vehicles Mechanized Equipment, and Marine Operations, and shall be conducted in a manner acceptable to the Engineer.

K. It is understood and agreed that the Contractor has made a thorough investigation of the surface and subsurface conditions of the site and any special construction problems which might arise as a result of nearby watercourses and flood plains, particularly in areas where construction activities may encounter water-bearing sands and gravels or limestone solution channels. The Contractor shall be responsible for providing all services, labor, equipment, and materials necessary or convenient to him for completing the work within the time specified in these Contract Documents.

Part 2 Products

2.1 Backfilling Materials

A. Materials: Materials for backfilling shall conform to the following requirements:

1. Select Earth Backfill: Fine, sound, loose earth containing optimum moisture content for compaction to 90 percent of maximum density, free from all wood, vegetable matter, debris, and other objectionable material, and having scattered clods, stones, or broken concrete less than 2 inches in maximum dimension except that the maximum particle size shall be 3/4 inch when used with PVC, other flexible thermoplastic pipe, or extremely brittle pipe.



2. Common Earth Backfill: Sound, loose earth containing optimum moisture content for compaction to 90 percent of maximum density, free from all wood, vegetable matter, debris, and other objectionable material, and having scattered clods, stones, or broken concrete and pavement less than 6 inches in maximum dimension. Such backfill shall be placed a minimum of one foot above top of pipe.

3. Sand: Natural or imported sand conforming to ASTM D1073.

4. Crushed Rock: Crushed rock conforming to Class A aggregate as specified in Section 903.05 and Section 903.22, Size 7 of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction.

5. Class B Concrete: Class B concrete as specified in the Section entitled "Cast-In-Place Concrete" of these Specifications.

Part 3 Execution

3.1 Initial Site Preparation

A. Preparatory to beginning of construction operations, the Contractor shall remove from the site all vegetative growth, trees, brush, stumps, roots, debris, and any of other objectionable matter, including fences, buildings, and other structures shown on the Drawings in the construction areas which are designated for removal or which, if left in place, would interfere with the proper performance or completion of the contemplated work, would impair its subsequent use, or would form obstructions therein.

B. Stumps and roots shall be grubbed and removed to a depth not less than 5 feet below grade. All holes or cavities which extend below the subgrade elevation of the proposed work shall be filled with compacted layers of crushed rock or earth backfill conforming to the requirements specified here for backfill. Organic material from clearing operations shall not be incorporated in excavation backfill or embankment material.

C. The Contractor shall exercise special precautions for the protection and preservation of trees, cultivated shrubs, sod, fences, buildings, and other structures which are located in the construction area but not within designated clearing limits as shown on the Drawings or within the limits of embankments, excavations, or proposed structures. The Contractor shall be responsible for the repair and/or replacement of any of the aforementioned items damaged by his operation or construction activities.

D. The Contractor shall remove and dispose of all excess material resulting from clearing or site preparation operations. The Contractor shall dispose of such materials in a manner acceptable to the Engineer and at an approved location where such materials can be lawfully disposed. Burning shall not be permitted.



3.2 Dewatering

A. The Contractor shall provide and maintain at all times during construction ample means and devices with which to promptly remove and properly dispose of all water from any source entering the excavations or other parts of the work. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. Methods of dewatering may include sump pumps, well points, deep wells, or other suitable methods which do not damage or weaken structures, foundations, or subgrades. Shallow excavations may be dewatered using open ditches provided such ditches are kept open and free-draining at all times. The actual dewatering methods used shall be acceptable to the Engineer.

B. Unless specifically authorized by the Engineer, no concrete or mortar shall be placed in water nor shall water be allowed to rise over newly-placed concrete or mortar for at least 24 hours after placement. No concrete structure shall be exposed to unequal hydrostatic forces until the concrete has reached its specified 28-day strength. Water shall not be allowed to rise above bedding during pipe laying operations. The Contractor shall exercise care to prevent damage to pipelines or structures resulting from flotation, undermining, or scour. Dewatering operations shall commence when ground or surface water is first encountered and shall be continuous until such times as water can safely be allowed to rise in accordance with the provisions of this section. Excavations shall be protected from the entrance of surface water to the extent possible by the use of dikes and/or covers.

C. Standby pumping equipment shall be on the job site. A minimum of one standby unit (a minimum of one for each ten in the event well points are used) shall be available for immediate installation should any pumping unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or diagrams on proposed well point or deep well dewatering systems shall be submitted to the Engineer for review.

D. If foundation soils are disturbed or loosened by the upward seepage of water or an uncontrolled flow of water, the affected areas shall be excavated and replaced with crushed rock at no cost to the Owner.

E. The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operation. No water shall be drained into work built or under construction without prior consent of the Engineer. The Contractor will be held responsible for the condition of any pipe or conduit which he may use for drainage purposes, and all such pipes or conduits shall be left clean and free of sediment.

F. Sedimentation and desilting basins shall be provided as necessary or when directed by the Engineer to prevent the entrance of excessive or injurious amounts of sand and silt from surface runoff or dewatering operations into storm drains or receiving waters. The system used for desanding or desilting the water shall be a baffled structure and shall provide not less than five minutes detention time and shall be



designed to have a "flow-through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The method of desanding or desilting and the point of disposal shall be subject to the approval of the Engineer.

G. Water shall be disposed of in such a manner as not to be a menace to the public health and in accordance with applicable local, state and federal rules, regulations and permits.

H. Stone valley drains wrapped with filter fabric shall be installed as shown on the drawings as part of the project.

3.3 Sheeting, Shoring, And Bracing

A. The sides of all excavations shall be sufficiently sheeted, shored, and braced as necessary to prevent slides, cave-ins, settlement or movement of the banks, to maintain the excavation clear of all obstructions, and to provide safe working conditions. Wood or steel sheeting of approved design and type shall be used in wet, saturated or flowing ground. All sheeting, shoring, and bracing shall have sufficient strength and rigidity to withstand the pressure exerted and to maintain shape and position under all circumstances.

B. The responsibility for correctly assessing the need for sheeting and analyzing the stresses induced shall be the total responsibility of the Contractor. Since the Engineer does not dictate or determine the Contractor's sequence or limits of excavation, the Engineer assumes no responsibility for sheeting and shoring. The Contractor must employ or otherwise provide for adequate professional structural and geotechnical engineering supervision to assess the need for sheeting and shoring and design same. Results of sheeting and shoring analysis and design shall be submitted to the Engineer on request.

C. Excavations adjacent to existing or proposed buildings and structures or in paved streets or alleys shall be sheeted, shored, and braced adequately to prevent undermining beneath or subsequent settlement of such structures or pavements. Underpinning of adjacent structures shall be done when necessary to maintain structures in safe condition. Any damage to structures or pavements occurring through settlements, water or earth pressures, slides, caves, or other causes; due to failure or lack of sheeting or bracing, or due to improper bracing; or occurring through negligence or fault of the Contractor in any other manner shall be repaired by the Contractor at his own expense.

D. Sheeting, shoring, or bracing materials shall not be left in place unless otherwise specified or shown on the Drawings or ordered by the Engineer in writing. Such materials shall be removed in such manner that no danger or damage will occur to new or existing structures or property, public or private, and so that cave-ins or slides will not take place. Trench sheeting shall be left in place until backfill has been brought to a level 12 inches above the top of the pipe. It shall then be cut off and the upper portion removed. Sheeting for structures shall be left in place until backfill has been brought to a level of 12 inches above the top of the bottom footing. It shall then be cut off and the upper portion removed.



E. All holes and voids left in the work by the removal of sheeting, shoring, or bracing shall be filled and thoroughly compacted.

3.4 Excavation

A. General

1. Excavation shall include the removal of all material from an area necessary for the construction of a pipeline, structure, basin, flume, or building. Excavations shall provide adequate working space and clearances for the work to be performed therein.

2. Except where otherwise shown on the Drawings, specified herein, or authorized by the Engineer, all material excavated below the bottom of concrete walls, footings, and foundations shall be replaced, by and at the expense of the Contractor, with Class B Concrete to the lines and grades shown on the Drawings.

3. Where quicksand, soft clay, spongy, swampy, or other materials unsuitable or subgrade or foundation purposes are encountered below the excavation limits, they shall be removed and disposed of to the level of suitable material. Areas so excavated shall be backfilled with Class B Concrete or with compacted layers of crushed rock, sand, or other approved material conforming to the requirements specified herein for backfill to the lines and grades shown on the Drawings.

4. Barriers shall be placed at each end of all excavations and at such places as may be necessary along excavations to warn all pedestrian and vehicular traffic of such excavations. Lights shall also be placed along excavations from sunset each day to sunrise of the next day until the excavations are backfilled. All excavations shall be barricaded in such a manner to prevent persons from falling or walking into any excavation.

B. Rock Excavation

1. Where rock is encountered remove it to a depth of one foot below final sub-grade with no points extending above this elevation. Leave rock surface so no water will be pocketed. On-site blasting will be permitted subject to approval of A/E.

2. Rock and large boulders in trenches shall be excavated over the horizontal limits of excavation and to depths as shown on the Drawings.

3. The space below grade for pipe lines shall then be backfilled to the proper grade with compacted layers of crushed rock or sand conforming to the requirements specified herein for backfill. Where pipe sewers are constructed on concrete cradles, rock shall be excavated to the bottom of the cradle as shown on the Drawings.

4. Rock under structures shall be excavated to lines and grades shown on the



Drawings. Unless specified otherwise, where rock excavation has been carried below grade, the contractor shall backfill to grade with Class B concrete at his own expense.

5. Where rock foundation is obtained at grade for any one structure, the rock shall be removed for a depth of 12 inches below grade and the space below grade shall be backfilled to the proper grade with compacted layers of crushed rock conforming to the requirements specified herein for backfill.

6. Drilling and blasting operations shall be conducted with due regard for the safety of persons and property in the vicinity and in strict conformity with requirements of all ordinances, laws and regulations governing blasting and the use of explosives. Rock excavation near existing pipelines or other structures shall be conducted with the utmost care to avoid damage. Injury or damage to other structures and properties shall be promptly repaired to the satisfaction of the Owner by the Contractor at his own expense.

7. Rock excavation for all structures and adjacent trenches under this Contract and any other rock excavation directed by the Engineer shall be completed before the construction of any structure is started in the vicinity.

C. Borrow Excavation

1. Wherever the backfill of excavated areas or the placement of embankments or other fills requires specified material not available at the site or material in excess of suitable material available from the authorized excavations, such material shall be obtained from other sources. This may require the opening of borrow pits at points not immediately accessible from the work. In such cases the Contractor shall make suitable arrangements with the property owner and shall pay all costs incident to the borrowed material including royalties, if any, for the use of the material. Before a borrow pit is opened, the quality and suitability of the material to be obtained from there shall be approved by the Engineer. Borrow pits shall be included in an amended SWPPP if the borrow pits are located beyond the limits of the site SWPPP coverage area. The cost to amend the SWPPP shall be paid by the contractor.

2. Borrow pits shall be cleared, grubbed and finish graded in accordance with the requirements specified herein.

D. Roadway Excavation

1. Roadway excavation shall consist of excavation for roadways and parking areas in conformity with lines, grades, cross sections, and dimensions shown on the Drawings. After shaping to line, grade, and cross section, the subgrade shall be rolled until compacted to a depth of at least 6 inches to 100 percent of the maximum density at optimum water content as determined by AASHTO T 99, Method A. This operation shall include any reshaping and wetting required to obtain proper compaction. All soft or otherwise unsuitable material shall be removed and replaced with suitable material.



E. Trench Excavation

1. Trench excavation shall consist of the removal of materials necessary for the construction of water, sewer, and other pipelines and all appurtenant facilities including manholes, inlets, outlets, headwalls, collars, concrete saddles, piers and pipe protection called for on the Drawings.

2. Excavation for pipelines shall be made in open cut unless shown otherwise on the drawings. Trenches shall be cut true to the lines and grades shown on the Drawings or established by the Engineer on the ground. The banks of trenches shall be cut in vertical, parallel planes equidistant from the pipe centerline. From an elevation 12 inches above the top of the pipe to the bottom of the trench, the horizontal distance between vertical planes for different sizes of pipe shall not exceed those shown on the Drawings. When sheeting is used, the width of the trench shall be considered as the distance between the inside faces of the sheeting. The bottom of the trench shall be cut carefully to the required grade of the pipe except where bedding materials or cradles are shown, in which case the excavation shall extend to the bottom of the bedding or cradles as shown on the Drawings. Minimum pipe cover shall be as shown on the Drawings or specified in these Contract Documents.

3. The use of a motor-powered trenching machine will be permitted but full responsibility for the preservation, replacement, and/or repair of damage to any existing utility services and private property shall rest with the Contractor.

4. Bell holes for bell and spigot pipe and/or mechanical joint pipe shall be excavated at proper intervals so the barrel of the pipe will rest for its entire length upon the bottom of the trench. Bell holes shall be large enough to permit proper installation of all joints in the pipe. Bell holes shall not be excavated more than 10 joints ahead of pipe laying. No part of any bell or coupling shall be in contact with the trench bottom, trench walls, or granular embedment when the pipe is jointed.

5. Excavation for manholes, outlets, collars, saddles, piers, and other pipeline structures shall conform to the additional requirements specified herein for structural excavation.

6. Pipe trenches shall not be excavated more than 200 feet in advance of pipe laying and all work shall be performed to cause the least possible inconvenience to the public. Adequate temporary bridges or crossings shall be constructed and maintained where required to permit uninterrupted vehicular and pedestrian traffic.

7. Unless otherwise specified herein or shown on the Drawings, wherever pipe trenches are excavated below the elevation shown on the Drawings, the Contractor, at his own expense, shall fill the void thus made to the proper grade with Class B Concrete or with compacted layers of crushed rock or sand conforming to the requirements specified herein for backfill.

8. In all cases where materials are deposited along open trenches they shall be



placed so that no damage will result to the work and/or adjacent property in case of rain or other surface wash.

F. Structural Excavation

1. Structural excavation shall consist of the removal of all materials necessary for the construction of structures, including tanks, foundations, footings, wet wells, dry wells, box culverts, flumes, channels, buildings, and other miscellaneous structures.

2. The bottom of structural excavations shall be true to the lines and grades shown on the Drawings. Faces of excavations shall not be undercut for extended footings. Except as provided herein for excavation of unsuitable material or rock, where the excavation is carried below the grade elevation shown on the Drawings, the Contractor shall backfill the void thus made to the proper grade with Class B concrete at his own expense.

3.5 Backfilling

A. General

1. Unless otherwise specified herein, earth backfill shall be compacted to not less than 90 percent of the maximum density at optimum water content as determined by AASHTO T-99, Method A. Crushed stone and sand shall be compacted or consolidated to not less than 83 percent of the solid volume density as determined from the bulk specific gravity by AASHTO T-84 AND T-85 and the dry weight of the aggregate.

2. Material that is too dry for adequate compaction shall receive a prior admix of sufficient water to secure optimum moisture content. Material having excessive water content shall not be placed at any time.

3. Unless otherwise specified herein backfill material required to be compacted shall be placed in horizontal layers not to exceed 6 inches in thickness (before compaction) and compacted in place by ramming, tamping, or rolling. Compaction shall be accomplished by power driven tools and machinery wherever possible. Compaction and consolidation of sand and crushed rock backfill shall be accomplished using vibrating equipment in a manner acceptable to the Engineer.

B. Backfilling Trenches

1. The backfilling of sewer, water, and other pipeline trenches shall be started immediately after the construction of same has been inspected and approved by the Engineer. Select backfill or bedding material if specified shall be placed in the trench under and on each side of the pipe in 6-inch layers for the full width of the trench and thoroughly and uniformly compacted by ramming and/or tamping to a minimum of 90% of the maximum density determined as specified

31 20 00 - 10 Earthwork


herein. Select earth backfilling shall start above the class of pipe bedding as specified or shown the Drawings. Sufficient select earth backfill shall be placed around the pipe and compacted to provide a cover of not less than 12 inches over the top of the pipe. Mechanical compactors or tampers shall not be used within 12 inches of pipe. Compaction in this area shall be accomplished by hand methods. Sand or specified crushed stone bedding material shall be substituted for select earth backfill when the pipe is bituminous coated steel pipe or wrapped steel pipe or when crushed stone trench backfill is required. Backfilling shall proceed simultaneously on both sides of the pipe to prevent lateral displacement. From a point 12 inches above the pipe, the trench backfill shall be placed in loose lifts of 3-4 inches and compacted with portable compaction equipment to achive the specified degree of compaction.

2. Caution shall be used during backfill operations for PVC or other flexible thermoplastic pipe (non-pressure or sewer pipe) to prevent pipe deformation. PVC or other flexible thermoplastic pipe (sewer pipe) shall not be subjected to roller or wheel loads until a minimum of 36 inches of backfill has been placed over the top of the pipe and a hydro hammer shall NOT be used until a minimum depth of 48 inches backfill has been placed over the top of the pipe.

3. Backfilling of PVC pressure pipe or other flexible thermoplastic pipe (water pipe) shall be as described in Paragraph 1 above.

4. In streets, alleys, across sidewalks and driveways, paved areas, and at any other places subject to vehicular traffic or other superimposed loads, washed stone backfill shall be placed and compacted from the level of 12 inches above the top of the pipe upward for the full depth of the trench, except for the top 48 inches of backfill, which shall be compacted pugmill mix. Crushed rock shall be clean, uniform-sized stone placed in lifts of 12 inches maximum and compacted by use of a hydro-hammer or approved vibratory compactor for the full depth of the trench, except for the top 48 inches of crushed rock backfill, which shall be compacted pugmill mix.

5. Trenches under concrete slabs and footings of structures shall be completely backfilled with compacted sand or crushed rock or filled with Class B concrete as shown on the Drawings.

6. In all other areas not affected by superimposed loads, common earth backfill may be placed from a level of 12 inches above the top of pipe upward for the full depth of the trench without compaction. At these places, backfill shall be neatly rounded over the trench to sufficient height to allow for settlement to grade after consolidation. In no event, however, will storm water be allowed to pond due to the backfilled trench.

7. All backfilling shall be done in such a manner that the pipe or structure over or against which it is being placed will not be disturbed or injured. Any pipe or structure injured, damaged, or moved from its proper line or grade during backfilling operations shall be removed and repaired to the satisfaction of the Engineer and then re-backfilled.

31 20 00 - 11 Earthwork


C. Backfilling Around Structures

1. Backfilling around structures shall consist of common earth backfill placed in 6-inch layers and compacted by tamping to a minimum of 90% of the maximum density determined as specified herein for the full depth of the excavation from the bottom to the finished grade. No backfill shall be placed against concrete structures until the concrete has reached its specified 28-day compressive strength. Where practical, compaction of structural backfill shall be accomplished by power-driven tamping equipment.

2. Where crushed rock mats under slabs and foundations are called for on the Drawings, the Contractor shall excavate below grade to the depth of the crushed rock mat as shown on the Drawings and shall install a compacted crushed rock bed. This shall be finished to a true line or plane and even with the subgrade of the concrete foundations, piers, footings or slabs. Before placing any crushed rock, all loose earth or debris shall be removed. This crushed rock mat shall extend 12 inches beyond all slabs and foundations or to edges of sheet piling.

3. Crushed rock mats, 12 inches or less in thickness shall be constructed of compacted layers of crushed rock conforming to Section 903.22, Size Number 67 (3/4-inch to No. 4), of the Tennessee Department of Transportation, Standard Specifications for Road and Bridge Construction.

4. Crushed rock mats of thickness greater than 12 inches shall have the top 12 inches constructed of compacted layers of crushed rock as specified above. That portion below the top 12 inches shall be constructed of compacted layers of crushed rock conforming to Section 903.05, Class A, with a modified gradation of 6 inches to dust as received from the crusher.

5. Unless otherwise shown on the Drawings, the use of earth backfill to support footings, foundations, and structures shall not be permitted.

3.6 Fills And Embankments

A. Fills and embankments shall consist of all earth fills except backfills in trenches or around structures. Unless special material is specified or shown on the Drawings, material for fills and embankments shall consist of excavated material from structures or of a mixture of such excavated materials and materials borrowed from other sources by the Contractor. All material used for fills and embankments shall be free from wood, vegetable matter, debris, soft or spongy earth or clay, large rock, or other objectionable material and shall be acceptable to the Engineer. The fill shall contain no rock fragments larger than 4 inches in any dimension. It is feasible to use weathered rock in structural fills if the placement and compaction is monitored on a full time basis by a technician experienced with the placement of weathered rock. Any soil/rock fill should be capped with a minimum of 3 feet of clean compacted soil fill to facilitate foundation and utility construction.

B. Material shall be placed in the fill or embankment in successive loose layers of 8

31 20 00 - 12 Earthwork


inches or less in thickness before compaction, each layer being approximately horizontal and extending to the full limit of the required cross section and shall be compacted within 3% of the optimum water content over the entire surface to not less than 95% of the maximum density as determined by AASHTO T-99, Method A. The process shall be repeated for each layer of material until the fill or embankment conforms to the plan lines, grades, and cross-sections. The degree of compaction and moisture content required, the method of tamping, and the equipment used shall be approved by the Engineer.

C. The area over which the fill or embankment is to be constructed shall first be cleared of all vegetation, debris, and other objectionable material and, if the ground is in a loose, un-compacted condition, it shall be compacted to a maximum density determined as specified herein.

D. No material shall be placed beyond the sloping lines of embankment unless so ordered by the Engineer. Material allowed to be placed beyond the lines of embankment shown on the Drawings will be compacted as required above unless otherwise authorized by the Engineer.

E. Material for embankments or roadway fills shall be placed in 8-inch maximum lifts and shall be compacted by rolling with power rollers weighing not less than 10 tons, with sheeps foot rollers, with vibrating rollers, or with pneumatic tire rollers, as required to accomplish the work. While and as each layer is deposited, water shall be applied in sufficient amount to ensure optimum moisture to secure the compaction specified.

F. The use of truck, carryalls, scrapers, tractors, or other heavy hauling equipment shall not be considered as rolling in lieu of rollers, but the traffic of such hauling equipment shall be distributed over the fill in such a manner as to make the use of the compaction afforded thereby as an addition to compaction by the use of rollers.

G. Wherever a pipe passes through a fill or embankment, the fill or embankment material shall be placed and compacted to an elevation 12 inches above the top of the pipe before the excavation of the trench begins.

H. On subgrades for all structures, parking area, and roadbeds, the density for the top 2 feet of the finished subgrade shall be equal to not less than 100% of the maximum density as determine by AASHTO T-99, Method A. The edge of compacted fill should extend at least 10 feet beyond the outside building edge and at least 5 feet beyond the outside edge of pavements before sloping. When field tests show failure to meet the density requirement, the subgrade shall be loosened by disking, harrowing or other approved methods to a depth of not less than 6 inches, then reshaped and re-compacted as indicated in this paragraph.

3.7 Disposal Of Waste And Unsuitable Materials

A. All materials removed by excavation, which are suitable for the purpose shall be used to the extent possible for backfilling pipe trenches, foundation, and footings and for making embankment fills or for such other purposes as may be shown on the Drawings. All materials not used for such purposes including excess excavated

31 20 00 - 13 Earthwork


materials, shall be considered as waste materials and the disposal thereof shall be made by the Contractor on site or offsite as authorized by the Owner at no additional cost to the Owner in a manner and at locations subject to the approval of the Engineer.

B. Waste materials shall be spread in uniform layers and neatly leveled and shaped. Spoil banks shall be provided with sufficient and adequate openings to permit surface drainage of adjacent lands.

C. Unsuitable materials, consisting of wood, vegetable matter, debris, soft or spongy clay, peat, and other objectionable material so designated by the Engineer shall be removed from the work site and disposed of by the Contractor in a manner and at a location approved by the Engineer.

D. No unsuitable or waste material shall be dumped on private property unless written permission is furnished by the Owner of the property and unless a dumping permit is issued from the local jurisdiction.

3.8 Final Grading

A. After other earthwork operations have been completed, the sites of all structures, roads, and embankments shall be graded within the limits and to the elevations shown on the Drawings. Grading operations shall be so conducted that materials shall not be removed or loosened beyond the required limits. The finished surfaces shall be left in smooth and uniform planes such as are normally obtainable from the use of hand tools. If the Contractor is able to obtain the required degree of evenness by means of mechanical equipment he will not be required to use hand labor methods. Slopes and ditches shall be neatly trimmed and finished to slopes shown on the Drawings unless otherwise approved by the Engineer.

B. Unless otherwise specified or shown on the Drawings, all finished ground surfaces shall be graded and dressed to present a surface varying not more than plus or minus 0.10 foot as regards local humps or depressions and shall be acceptable to the Engineer.

3.9 Topsoil

A. All areas to be sprigged or planted with trees, shrubs, or grass as shown on the plans shall be prepared by grading to a smooth, even surface to a level 4 inches or other specified depth below the elevation of the finished grade shown on the Drawings. It shall then be brought to a neat and finished grade by the addition of 4 inches or other specified depth of approved topsoil.

B. Topsoil removed from the construction area may be stockpiled and reused or topsoil may be obtained from approved borrow areas. If obtained from borrow areas, the Contractor shall make suitable arrangements with the property owner and shall pay all costs incident to the borrowed material including royalties.

31 20 00 - 14 Earthwork


3.10 Settlement

A. The Contractor shall be responsible for all settlement of backfill, fills, and embankments which may occur within one (1) year after final acceptance of the work by the Owner.

B. The Contractor shall make, or cause to be made, all repairs or replacement made necessary by settlement within 30 days after receipt of written notice from the Engineer or Owner.

3.11 Prevention Of Blasting Damage

A. General

1. The Contractor shall be responsible for all property damage and personal injury caused by blasting for excavation work on this project. This includes events in which flying debris, air blast, or ground vibrations cause personal injury or property damage.

B. Preventing Damage by Fly-Rock

1. A qualified Explosive Engineer and experienced Powder Foreman shall be available to direct and supervise the design of the blasting work. This shall consist of selecting the correct burden, spacing and stemming dimensions for the explosives used and the rock being blasted. This includes, but is not limited to, controlling water in the blast hole and using the proper stemming. The objective is to select the optimum blast dimensions which ensure that just enough explosive is available to break the rock, and that there is no excess explosive to propel the rock fragments beyond safe limits.

2. Blasting mats and/or backfill materials shall be used for each "shot" to help confine the limits of fly-rock in populated areas.

3. Traffic and access to blasting areas shall be closed off and blasting signals audible for 2,000 feet shall be sounded in time for all workers and nearby residents to get under cover. Also, residents immediately adjacent to a blast should be notified personally before any blast occurs.

C. Preventing Damage by Air Blast

1. Design measures shall be taken to reduce or control air blast to levels below which actual damage will not occur. Microphones to which a metering device is attached to record over pressure levels shall be used to monitor air results of all blasts. These records shall be filed and maintained throughout the construction of the project.

2. The use of detonating cord on the surface shall be avoided.

3. The use of sufficient burden, spacing and stemming to prevent the premature

31 20 00 - 15 Earthwork


release of explosive gases shall be required for all blasting in closely populated areas.

4. The specific gravity of stemming material shall always be equal to or greater than that of the rock, and its length equal to 0.7 of the burden. The shape of the stemming material shall be coarse and angular.

5. There should be no top priming of any holes.

6. Decking shall be used to bridge limestone cavities or other weak areas in any hole.

7. In closely populated areas, all blast shall be designed to limit the peak particle velocity to less than two inches per second.

D. Preventing Damage by Ground Vibrations

1. The Explosive Engineer and Powder Foreman shall design each "shot" to obtain the desired fragmentation without providing extra explosives which could be used to produce ground vibrations. In closely populated areas where old residential or auxiliary structures in poor condition exist, the two (2) inches per second peak particle velocity limit shall be lowered. Monitoring of these structures with seismographs shall be required and the data filed and maintained for the duration of the project.

2. Delay intervals such as millisecond caps or millisecond connectors shall be used to reduce the vibration effects of large blasts to the range of smaller charges at reduced peak particle velocity.

3. Tight confined shots that require increased powder charges shall not be attempted.

4. Excessive sub-drilling shall not be permitted.

5. In decking charges where small weights of powder are used, the inert material between decks shall be one to two feet thick.

6. The use of sensitive explosives such as straight dynamite shall not be permitted.

7. In drilling blast holes with cavities, the driller shall measure the depth and size of each cavity encountered. This log shall be used by the Powder Foreman in loading the explosive in the rock parts and filling with the stemming material in cavity parts.

8. Delay pattern shall be designed to provide maximum amount of free faces which reduces the amount of energy-transfer in ground vibrations.

9. Where potential settlement of a structure is involved, a pre-split line shall be required to help reduce the peak particle velocity beneath the structure to be

31 20 00 - 16 Earthwork


protected.

END OF SECTION

Section 31 23 19.16 Dewatering


Part 1 General


A. Section includes construction dewatering. Contractor shall be responsible for dewatering system during construction.

1.2 Related Sections:

1. Section 01 57 23 – Temporary Stormwater Pollution Control

2. Section 31 11 00 – Clearing and Grubbing

3. Section 31 20 00 – Earth Moving

1.3 Submittals

A. Submit work plan in accordance with Section 01 33 00 – Submittal Requirements.

B. Shop Drawings: For dewatering system, prepared by or under the supervision of a qualified professional engineer.

1. Include plans, elevations, sections, and details.

2. Show arrangement, locations, and details of wells and well points; locations of risers, headers, filters, pumps, power units, and discharge lines; and means of discharge, control of sediment, and disposal of water.

3. Include layouts of piezometers and flow-measuring devices for monitoring performance of dewatering system.

4. Include written plan for dewatering operations including sequence of well and well-point placement coordinated with excavation shoring and bracings and control procedures to be adopted if dewatering problems arise.

C. Qualification Data: For installer.

D. Field quality-control reports.

E. Existing Conditions: Using photographs, show existing conditions of adjacent construction and site improvements that might be misconstrued as damage caused by dewatering operations. Submit before Work begins.

F. Record Drawings: Identify locations and depths of capped wells and well points and other abandoned-in-place dewatering equipment.

31 23 19.16- 2 Dewatering



A. Installer Qualifications: An experienced installer that has specialized in dewatering work.

1.5 Field Conditions

A. Project-Site Information: A geotechnical report has been prepared for this Project and is available for information only. The opinions expressed in this report are those of a geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by a geotechnical engineer. Owner is not responsible for interpretations or conclusions drawn from this data.

1. Make additional test borings and conduct other exploratory operations necessary for dewatering according to the performance requirements.

Part 2 Products

2.1 Performance Requirements

A. Dewatering Performance: Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control hydrostatic pressures and to lower, control, remove, and dispose of ground water and permit excavation and construction to proceed on dry, stable subgrades.

1. Design dewatering system, including comprehensive engineering analysis by a qualified professional engineer.

2. Continuously monitor and maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, prevention of flooding in excavation, and prevention of damage to subgrades and permanent structures.

3. Prevent surface water from entering excavations by grading, dikes, or other means.

4. Accomplish dewatering without damaging existing buildings, structures, and site improvements adjacent to excavation.

5. Remove dewatering system when no longer required for construction unless otherwise instructed by Owner/Engineer.

6. Regulatory Requirements: Comply with governing EPA notification regulations before beginning dewatering. Comply with water- and debris-disposal regulations of authorities having jurisdiction.



Part 3 Execution

3.1 Preparation

A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations.

1. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared subgrades, and from flooding site or surrounding area.

2. Protect subgrades and foundation soils from softening and damage by rain or water accumulation.

B. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction.

C. Provide temporary grading to facilitate dewatering and control of surface water.

D. Protect and maintain temporary erosion and sedimentation controls, which are specified in other applicable sections of these specifications, during dewatering operations.

3.2 Installation

A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface-water controls.

1. Space well points or wells at intervals required to provide sufficient dewatering.

2. Use filters or other means to prevent pumping of fine sands or silts from the subsurface.

B. Place dewatering system into operation to lower water to specified levels before excavating below ground-water level.

C. Provide sumps, sedimentation tanks, and other flow-control devices as required by authorities having jurisdiction.

D. Provide standby equipment on-site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails.



3.3 Operation

A. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed or until dewatering is no longer required.

B. Operate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Drain water-bearing strata above and below bottom of foundations, drains, sewers, and other excavations.

1. Do not permit open-sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope instability.

2. Reduce hydrostatic head in water-bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations.

3. Maintain piezometric water level a minimum of 24 inches below bottom of excavation.

C. Dispose of water and sediment removed in conformance with Section 01 57 23 – Temporary Stormwater Pollution Control. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water and sediment in a manner that avoids inconvenience to others.

D. Remove dewatering system from Project site on completion of dewatering if required. Plug or fill well holes with sand or cut off and cap wells a minimum of 36 inches below overlying construction.

3.4 Field Quality Control

A. Observation Wells: Provide observation wells or piezometers, take measurements, and maintain at least the minimum number indicated; additional observation wells may be required by authorities having jurisdiction.

1. Observe and record daily elevation of ground water and piezometric water levels in observation wells.

2. Repair or replace, within 24 hours, observation wells that become inactive, damaged, or destroyed. In areas where observation wells are not functioning properly, suspend construction activities until reliable observations can be made. Add or remove water from observation-well risers to demonstrate that observation wells are functioning properly.

3. Fill observation wells, remove piezometers, and fill holes when dewatering is completed.

B. Survey-Work Benchmarks: Resurvey benchmarks regularly during dewatering and maintain an accurate log of surveyed elevations for comparison with original elevations. Promptly notify Engineer if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction.



C. Provide continual observation to ensure that subsurface soils are not being removed by the dewatering operation.

D. Prepare reports of observations.

3.5 Protection

A. Protect and maintain dewatering system during dewatering operations.

B. Promptly repair damages to adjacent facilities caused by dewatering.

1. Dispose of strippings that are unsuitable for topsoil or that exceed quantity required for topsoil offsite.

2. Stockpile topsoil in sufficient quantity to meet Project needs. Dispose of excess strippings as specified for clearing and grubbing.

END OF SECTION

Section 31 24 00 Embankments


Part 1 General

1.1 Work Included

A. This work shall consist of forming embankments, other than for building pads, with materials from excavation or other approved sources and in conformance with the lines, grades, and cross-section shown on the Drawings.

1.2 Related Sections

A. Section 03 30 00 - Cast-in-Place Concrete: granular course if placed over vapor retarder and beneath the slab-on-grade.

B. Section 31 11 00 - Clearing and Grubbing: site stripping, grubbing, stripping and stockpiling topsoil, and removal of above- and below-grade improvements and utilities.

C. Section 31 20 00 – Earth Work


A. Labor: Use adequate numbers of skilled laborers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with specified requirements and the methods needed for proper performance of the Work of this section.

B. Equipment: Use equipment adequate in size, capacity, and numbers to accomplish the work of this Section in a timely manner.

C. Codes and Standards: Perform earthwork in compliance with applicable ordinance of governing authorities having jurisdiction.

1. In addition to complying with codes and standards having jurisdiction, comply with the geotechnical engineering report.

2. Conduct all earthwork operations in accordance with the applicable requirements of erosion control as shown on the Drawings and Specifications and as required by local authorities.

D. The Contractor shall provide necessary measures for storm water pollution control and water quality protection. The Contractor shall meet the standards of good housekeeping at all times.

E. Testing and Inspection Services: The Owner will engage a qualified soil testing and inspection service for quality control testing during earthwork operations. Testing shall be performed in accordance with the soil investigation reports and testing standards, the instructions of the Engineer and the applicable sections of General Conditions.

31 24 00 - 2 Embankments


F. Survey: The Contractor shall employ the services of a licensed surveyor for the purposes of survey control, layout, grade and cross-sections required to control work.

1.4 Submittals

A. Conform to provisions of Section 01 33 00.

B. Product Data:

1. Sources of imported materials.

1.5 Temporary Controls

A. Existing Improvements (including trees and shrubs indicated to remain): Protect against damage resulting from Contractor's operations. Repair or replace damaged items to the full satisfaction of the Owner at no added cost to the Owner.

B. Existing Utilities: The Contractor shall locate existing underground utilities in areas of work. If utilities are to remain in place, provide adequate means of support and protection during earthwork operations.

1. Should uncharted or incorrectly charted piping or other utilities be encountered during earthwork, consult Owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility company.

2. Do not interrupt existing utilities serving facilities occupied and used by Owner and others, except when permitted in writing by the Owner and then only after acceptable temporary utility services have been provided.

3. Provide a minimum of 48-hour notice to Engineer and Owner and receive written notice to proceed before interrupting any utility.

4. Demolish and completely remove from site existing utilities indicated to be removed. Coordinate with utility companies for shut-off of service if lines are active.

1.6 Delivery, Handling, and Storage

A. Delivery: All materials, tools, equipment, etc. to be delivered to the job-site, in such a manner coordinated with progress of work of this section.

B. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or dispose off-site. Place, grade and shape stockpiles for proper drainage.

1. Locate and retain soil materials away from edge of excavations. Do not store within drip line of trees indicated to remain.

2. Dispose of excess soil material and waste materials as herein specified.



Part 2 Products

2.1 Soil Materials

A. Suitable Excavated Material: Suitable materials from excavations for use in fill and embankments shall be free from shale, sod, large clods or hard lumps of earth, roots, trash or other debris; and is readily compactable to specified density.

B. Fill Material: Furnish imported earth material as necessary; if specified in the contract requirements or if the amount of suitable earth materials obtained from the job-site excavations is not sufficient to properly construct the required fill, subject to the approval of the Engineer prior to use.

1. Obtain imported fill material from a source approved by the Engineer prior to importing to the job-site.

2. Imported fill material shall be free of foreign materials, vegetative growths, sod, rocks, expansive soils and all debris.

C. Rocks may be placed in embankments under the following conditions:

1. When rock is at least 80 percent of the embankment material, rocks up to maximum 18 inches in any dimension may be used to within 2 feet of subgrade, within 2 feet of subgrade reduce maximum dimension to 8 inches.

2. If rock is less than 80 percent of the embankment, reduce maximum dimensions to 3 inches.

D. Use only acceptable materials in embankment formation. Place no frozen material, stumps, logs, roots or other perishable materials in any embankment.

Part 3 Execution

3.1 Surface Conditions

A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until detrimental conditions are corrected.

3.2 Site Preparation

A. Remove the existing soil including fill material, debris, roots and foreign materials to natural soil at the proposed embankment site. Removal shall be done in accordance with Section 31 11 00 - CLEARING AND GRUBBING.

B. Remove topsoil from all embankment areas.



3.3 Embankment Construction

A. Form soil, soft shale, soft sandstone, weathered rock, bank gravel or creek gravel embankment by distributing the material in successive uniform horizontal layers no more than 12 inches thick (loose depth) to the full width of the cross-section. However, layers less than 12 inches in loose thickness will be required whenever necessary to obtain the specified density. Compact each layer as specified below. Shape the upper surface of the embankment so as to provide complete drainage of surface water at all times. The forming of ruts will not be permitted.

B. Do not dump rock into final position, but instead distribute in it by blading or dozing in a manner that will ensure proper placement in the embankment so that voids, pockets, and bridging will be reduced to a minimum.

C. In areas where layers of rock and shale or soil are encountered and embankments are constructed of a mixture of rock and shale or rock and soil, place, manipulate and compact the material in layers no more than 8 inches thick; however, when the thickness of the rock exceeds 8 inches, the thickness of the embankment layers may be increased (except beneath building areas) as necessary due to the nature of the material and as approved by a Geotechnical Engineer. In no case allow the layer thickness to exceed 2 feet. Do not dump the mixture into final position but distribute it by blading or dozing in a manner that will ensure proper placement in the embankment so that voids, pockets and bridging will be reduced to a minimum. Then compact the mixture with suitable compaction equipment.

D. Compact the embankment to the following percentage of maximum density as determined by ASTM D698 (Standard Proctor).

1. Lawn: 95 percent

2. Pavement: 98 percent

3. Building: 98 percent

E. During compaction, embankment material that does not have enough moisture for proper compaction shall have water added and thoroughly mixed as necessary to obtain proper compaction. Embankment material containing an excess of moisture shall be allowed to dry before compacting; manipulating as necessary to speed drying.

F. Perform construction operations so that simultaneous rolling and placing of material in the same lane or section is prevented. To avoid uneven compaction, see that hauling equipment traverses the full width of the cross-section as much as possible. Compact each layer as necessary before depositing material for the next layer.

G. The density requirements shall be the controlling factor in compaction. Use only such equipment as will satisfy the density requirements at all times.

H. When embankment is placed around adjoining or opposite faces of a structure, compact it to the same level on all sides before proceeding to the next layer. As



precaution against wedging action, begin compaction for each layer next to the structure.

I. Construct embankments adjacent to structures as outlined to the height of the structure and slope far enough away from the structure to permit easy access of compacting equipment used in normal embankment construction.


A. Contractor shall employ a qualified professional geotechnical engineering company to provide testing of embankment construction. The following schedule of testing will be required

1. Under Roadways and 1 Test Per Lift for Each 5000

Other Areas Square Feet of Area

B. Written results of these tests shall be made and forward to the Owner’s Representative within 2 working days. Any areas failing to meet the required compaction shall be corrected prior to placing the next lift.

END OF SECTION

Section 31 32 01 Woven Coir Fabric


Part 1 General


A. Furnishing and placing woven coir fabric slope protection in accordance with the Drawings and Specifications.

1.2 References

A. ASTM International (ASTM):

1. DI777, Standard Test Method for Thickness of Textile Materials.

2. D3776, Standard Test Methods for Mass Per Unit Area (Weight) of Fabric.

3. D4595, Standard Test Method for Tensile Properties of Geotextiles by the Wide-Width Strip Method.

4. D5035, Standard Test Method for Breaking Force and Elongation of Textile Fabrics (Strip Method).

5. D5261, Standard Test Method for Measuring Mass Per Unit Area of Geotextiles

1.3 Submittals

A. Submit in accordance with Section 01 33 00 including manufacturer material specifications and product literature.

B. Fabric samples including One piece, minimum 18 inches long, taken across full width of roll of each type and weight of fabric furnished for Project. Label each with brand name and furnish documentation of lot and roll number from which each Sample was obtained.

C. Certifications from each fabric manufacturer that furnished products have specified property values. Certified property values shall be either minimum or maximum average roll values, as appropriate, for fabrics furnished.

1.4 Definitions

A. Coir Fabric: Coir Blanket and/or Coir Mattress.

B. Coir Blanket: 100 percent natural, biodegradable, organic blanket woven from machine-spun bristle coir twines.

31 32 01 - 2 Woven Coir Fabric


C. Coir Mattress: 100 percent natural, biodegradable, organic mattress of coir fiber stitched between two organic jute and scrim woven nets. The components are sewn together with biodegradable cotton.

D. Overlap: Distance measured perpendicular from overlapping edge of one sheet to underlying edge of adjacent sheet.

E. Dead Stout Stakes: Wooden stakes shall be of a length shown on the Contract Documents. These are referred to as “dead stout stakes” and are approximately 18 in. by 1 in. by 1.25 in. made of untreated pine or other hardwood. Only new, sound, unused stakes shall be used. The stakes are to be used to secure coir fabric in place. Two-foot long, 1/2-inch hooked rebar may be substituted when it is necessary to secure materials in rocky areas, as approved by the OWNER or Engineer.

1.5 Delivery, Storage, and Handling

A. Deliver each roll with sufficient information attached to identify it for inventory and quality control.

B. Handle products in manner that maintains undamaged condition.

C. Do not store products directly on ground. Ship and store fabric with suitable wrapping for protection against moisture and ultraviolet exposure. Store fabric in way that protects it from elements. If stored outdoors, elevate and protect fabric with waterproof cover.

1.6 SCHEDULING AND SEQUENCING

A. Prior to fabric installation, prepare ground surface as specified in Section 32 94 00, Landscaping.

B. Notify the OWNER whenever fabrics are to be placed. Do not place fabric without OWNER’s approval of underlying materials.

Part 2 Products

2.1 Material for Woven Coir Fabric

A. Composed of 100 percent natural, spun mattress coir yarn interlaced to form woven mat with uniform weave pattern.

B. Calendared or finished so yarns will retain their relative position with respect to each other.

C. Unseamed Sheet Width: Minimum 8 feet.

D. Physical Properties: Conform to requirements in Table 1. Equivalent substitute products to those listed in Table 1 will be acceptable only with written approval from OWNER or Engineer.



2.2 Securing stakes

A. Dead Stout Stakes:

6. Spacing as shown on the Contract Documents.

7. Dimensions as shown on the Contract Documents.

8. Length as shown on the Contract Documents.

9. Use 1/2-inch galvanized nail as shown in the Contract Documents.

Table 1 - Physical Property Requirements for Coir Fabrics Property Test Method Coir Blanket Coir Mattress

Weight (oz./sq. yd)

ASTM D5261 29 10.7

Weight (grams/sw.m)

ASTM D5261 980 370

Dry Tensile Strength (lbs/ft)

ASTM D4595 2,024 Min. -

Wet Tensile Strength (lbs/ft)

ASTM D4595 1,776 Min. -

% Open area Calculated 38 Max. 0 Thickness (inch)

ASTM D1777 0.35 0.25

Recommended slope

- >1:1 >2:1

Recommended flow velocity (fps)

- 16 8

Recommended shear stress (lbs/sq. ft)

- 5 2.3

Functional Longevity (years)

4 - 6 2

“C” Factor - 0.002 -



Part 3 Execution

3.1 Laying Coir Fabric

A. Lay and maintain fabric smooth and free of tension, folds, wrinkles, or creases.

B. Seed and mulch to be placed under fabric prior to placement

C. Lay fabric pieces from upstream to downstream (overlap upstream end of fabric over the top of the next downstream end of fabric piece), from bottom of bank slope to top of slope.

3.2 Sheet Orientation on Slopes

A. Orient fabric with long dimension of each sheet in the direction of flow on channel banks.

3.3 Joints

A. Unseamed Joints: Overlap minimum of 9 inches, unless otherwise shown on the Contract Documents.

3.4 Securing Fabric

A. Secure fabric during installation as shown on the Contract Documents, using trenches and stakes at the top and bottom of slopes.

B. Roll out and install fabric from bottom of bank slope to top of slope.

C. Install additional stakes at the break in bank slope at the back of the bankfull bench.

3.5 Repairing Fabric

A. Repair or replace torn, punctured, flawed, deteriorated, or otherwise damaged fabric with new unused fabric.

B. Repair Procedure:

1. Place patch of undamaged fabric over damaged area and at least 18 inches in all directions beyond damaged area, minimum of 4 square feet of fabric.

2. Remove interfering material as necessary to expose damaged fabric for repair.

3. Permanently attach repair using dead stout stakes.

END OF SECTION

Section 31 37 00 Rip Rap


Part 1 General


A. Furnishing and placing Rip Rap slope protection in accordance with the Drawings and Specifications.

1.2 Submittals

A. Submit in accordance with Section 01 33 00.

B. For Machine Rip Rap (Class A-1, Class A-3, and Class C), submit results of gradation testing demonstrating compliance with requirements.

Part 2 Products

2.1 Material for Rip Rap

A. Provide TDOT standard 740 and 709, respectively.

B. Bedding Material: Provide bedding material consisting of sand, gravel, or crushed rock, well graded with a maximum particle size of 2 inches. Compose material of tough, durable particles. Allow fines passing the No. 200 standard sieve with a plasticity index less than six.

C. Grout: Provide durable grout composed of cement, water, an air-entraining admixture, and sand mixed in proportions of one part portland cement to two parts of sand, sufficient water to produce a workable mixture, and an amount of admixture which will entrain sufficient air. Mix grout in a concrete mixer. Allow a sufficient mixing time to produce a mixture having a consistency permitting gravity flow into the interstices of the Rip Rap with limited spading and brooming.

D. Rock Rip Rap:

1. Machined Rip Rap shall be clean shot rock containing no sand, dust or organic materials and be the size designated for the class specified. The stone shall be uniformly distributed throughout the size range. The thickness of the stone layer shall be that designated for the specified class below unless otherwise noted on the Drawings. All materials considered for use as Rip Rap shall be approved by the A/E. Shot rock is acceptable provided the size from the site excavation is acceptable provided the size requirements are met.

2. Machine Rip Rap (Class A-1) shall vary in size from 2 inches to 1.25 feet with no more than 20 percent by weight being less than 4 inches. The thickness of the stone layer shall be 1.5 feet with a tolerance of 3 inches.

31 37 00 - 2 Rip Rap


3. Machined Rip Rap (Class A-3) shall vary in size from 2 inches to 6 inches with no more than 20 percent by weight being less than 4 inches.

4. Machine Rip Rap (Class C) shall vary in size from 5 inches to 3 feet with no more than 20 percent by weight being less than 9 inches. The thickness of the stone layer shall be 3.5 feet with a tolerance of 6 inches.

Part 3 Execution

3.1 Riprap Construction

A. Construct Rip Rap on filter fabric in accordance with TDOT State Standard, paragraph 709 in the areas indicated. Trim and dress indicated areas to conform to cross sections, lines and grades shown within a tolerance of 0.1 foot so as to provide for the thickness of riprap shown on the Drawings. Surfaces that are below grade shall be brought to grade by filling with well compacted materials similar to the adjacent materials. Prior to placement of Rip Rap, the prepared earth foundation will be inspected and no materials shall be placed thereon until approved by the A/E.

B. Bedding Placement: Spread filter fabric and bedding material uniformly to a thickness of at least 3 inches on prepared subgrade as indicated. Compaction of bedding is not required. Finish bedding to present even surface free from mounds and windrows.

C. Place Rip Rap to the full course thickness in one operation and in such a manner as to avoid serious displacement of the underlying materials. Deliver and spread the material so that the mass of pieces in place shall be reasonably well graded, with the large pieces uniformly distributed and the smaller pieces and spalls filling the voids between the larger pieces. Rearrange individual pieces by mechanical equipment or by hand as necessary to obtain the distribution of fragment sizes specified above. The finished Rip Rap shall be free from objectionable concentration of large or small pieces.

END OF SECTION

Section 31 41 11 Metal Sheet Piling


PART 1 GENERAL 1.1 DESCRIPTION

A. Permanent earth retaining structures made with steel sheet piling such as retaining walls are covered by this section. Temporary structures such as shoring and sheeting are the responsibility of the Contractor and unless required by conditions of the project, are not to be covered by this section.

1.2 REFERENCES AMERICAN WELDING SOCIETY (AWS)

AWS D1.1/D1.1M (2008) Structural Welding Code - Steel ASTM INTERNATIONAL (ASTM) ASTM A 328/A 328M (2007) Standard Specification for Steel Sheet Piling ASTM A 572/A 572M (2007) Standard Specification for High-Strength Low-Alloy Columbium-

Vanadium Structural Steel ASTM A 6/A 6M (2008a) Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes, and Sheet Piling

ASTM A 690M (2007) Standard Specification for High-Strength Low-Alloy Nickel, Copper, Phosphorus Steel H-Piles and Sheet Piling with Atmospheric Corrosion Resistance for Use in Marine Environments

ASTM A 857/A 857M (2007) Standard Specification for Steel Sheet Piling, Cold-Formed, Light Gage

ASTM 221 (2008) Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes

ASTM 221M (2007) Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes (Metric)

ASTM B 308M (2002) Standard Specification for Aluminum-Alloy 6061-T6 Standard

Structural

Profiles

31 41 11 - 2 Metal Sheet Pilling


1.3 SUBMITTALS A. Shop Drawings

1. Metal Sheet Piling

Detail drawings for sheet piling, including fabricated sections, showing complete piling dimensions and details, driving sequence and location of installed piling. Include in the drawings details of top protection, special reinforcing tips, tip protection, lagging, splices, fabricated additions to plain piles, cut-off method, corrosion protection, and dimensions of templates and other temporary guide structures for installing piling. Provide details of the method for handling piling to prevent permanent deflection, distortion or damage to piling interlocks.

B. Product Data

1. Driving

Records of the completed sheet piling driving operations, including a system of identification which shows the disposition of approved piling in the work, driving equipment performance data, piling penetration rate data, piling dimensions and top and bottom elevations of installed piling.

2. Pulling and Redriving

The proposed method of pulling sheet piling, prior to pulling any piling.

C. Test Reports

1. Materials Tests

Certified materials tests reports showing that sheet piling and appurtenant metal materials meet the specified requirements, for each shipment and identified with specific lots prior to installing materials. Material test reports shall meet the requirements of ASTM A 6/A 6M and ASTM A328.

D. Closeout Submittals

1. Pile Driving Record

Record for each sheet pile driven, as specified. 1.4 QUALITY ASSURANCE

A. Material Certificates For each shipment, submit certificates identified with specific lots prior to installing piling. Include in the identification data piling type, dimensions, chemical composition, mechanical properties, section properties, heat number, and mill identification mark.



1.5 DELIVERY, STORAGE, AND HANDLING

A. Materials delivered to the site shall be new and undamaged and shall be accompanied by certified test reports. Provide the manufacturer's logo and mill identification mark on the sheet piling as required by the referenced specifications. Store and handle sheet piling in the manner recommended by the manufacturer to prevent permanent deflection, distortion or damage to the interlocks; as a minimum, support on level blocks or racks spaced not more than 10 feet apart and not more than 2 feet from the ends. Storage of sheet piling should also facilitate required inspection activities and prevent damage to coatings and corrosion prior to installation.

PART 2 PRODUCTS 2.1 METAL SHEET PILING

Metal sheet piling shall meet the following requirements: ASTM A572 Grade 50, Type 1: Minimum Section Modulus(s) equal or greater than 23.2 in3/ft. Minimum Moment of Inertia (I) equal or greater than 156.9 in4/ft. A. Interlocks

The interlocks of sheet piling shall be free-sliding, provide a swing angle suitable for the intended installation but not less than 5 degrees when interlocked, and maintain continuous interlocking when installed.

B. General Requirements

Sheet piling shall be full-length sections of the dimensions shown. Fabricated sections shall conform to the requirement and the piling manufacturer's recommendations for fabricated sections. Sheet piling shall be provided with standard pulling holes.

C. Coating

The coating system shall be composed of 1 coat of Coal Tar Epoxy composed as follows:

a. Solid by volume (Mixed) 77.0 plus or minus 1.0% b. Dry Film Thickness 14 to 20 mils per coat c. Color Black d. Finish Semi-gloss e. Curing Time at 75oF 6 hours (maximum)



2.2 APPURTENANT METAL MATERIALS

Metal plates, shapes, bolts, nuts, rivets and other appurtenant fabrication and installation materials shall conform to manufacturer's standards.

PART 3 EXECUTION 3.1 EARTHWORK

A. Perform in accordance with Section 02330. Pre-excavation will not be permitted. Backfill as indicated.

3.2 INSTALLATION

A. Placing and Driving

1. Placing a. Any excavation required within the area where sheet pilings are to

be installed shall be completed prior to placing sheet pilings. Pilings properly placed and driven shall be interlocked throughout their length with adjacent pilings to form a continuous diaphragm throughout the length or run of piling wall.

b. Pilings shall be carefully located as shown. Pilings shall be placed plumb with out-of-plumbness not exceeding 1/4 inch per foot of length and true to line. Place the pile so the face will not be more than 6 inches from vertical alignment at any point. Top of pile at elevation of cut-off shall be within 1/2 inch horizontally and 2 inches vertically of the location indicated. Manipulation of piles to force them into position will not be permitted. Check all piles for heave. Redrive all heaved piles to the required tip elevation.

c. Temporary wales, templates, master pilings current deflectors or guide structures shall be provided as required to insure that the pilings are placed and driven to the correct alignment. Use a system of structural framing sufficiently rigid to resist lateral and driving forces and to adequately support the sheet piling until design tip elevation is achieved.

2. Driving

a. Prior to driving pilings in water, a horizontal line shall be painted on both sides of each piling at a fixed distance from the bottom so that it shall be visible above the water line after installation. This line shall indicate the profile of the bottom elevation of installed pilings and potential problem areas can be identified by abrupt changes in its elevation. Pilings shall be driven with the proper size hammer and by approved methods so as not to subject the pilings to damage and to ensure proper interlocking throughout their lengths.



b. Driving hammers shall be maintained in proper alignment during driving operations by use of leads or guides attached to the hammer.

c. A protecting cap shall be employed in driving when using impact hammers to prevent damage to the tops of pilings. Use cast steel shoe to prevent damage to the tip of the sheet piling. Pilings damaged during driving or driven out of interlock shall be removed and replaced at the Contractor's expense.

d. Pilings shall be driven without the aid of a water jet, unless

otherwise authorized.

e. Adequate precautions shall be taken to insure that pilings are driven plumb. The maximum permissible taper for any tapered piling shall be 10 mm per meter 1/8 inch per foot of length.

B. Inspection of Driven Piling

1. Perform continuous inspection during pile driving. Inspect all piles for compliance with tolerance requirements. Inspect the interlocked joints of driven pilings extending above ground. Pilings found to be out of interlock shall be removed and replaced at the Contractor's expense.

END OF SECTION

Section 32 12 43 Grass Pavers


Part 1 General


A. Furnishing and placing porous grass pavers in accordance with the Drawings and Specifications.

1.2 Submittals

A. Submit in accordance with Section 01 33 00 including design detail showing proper cross-section.

B. Submit sample of grass paving system for Owner review.

C. Installation Instructions: Manufacturer’s printed installation instructions. Include methods for maintaining installed products.

D. Manufacturer’s Certification: Submit manufacturer’s certification that materials comply with specified requirements and are suitable for intended application.

E. Warranty Documentation: Submit manufacturer’s standard warranty.


A. Delivery Requirements: Deliver grass pavers to site in manufacturer’s original, unopened containers and packaging, with labels clearly identifying product name and manufacturer.

B. Storage and Handling Requirements:

1. Store and handle pavers in accordance with manufacturer’s instructions.

2. Keep pavers in manufacturer’s original, unopened containers and packaging until installation.

3. Store pavers in clean areas, protected from exposure to harmful weather conditions.

4. Store pavers out of direct sunlight.

5. Protect pavers during storage, handling, and installation to prevent damage.

32 12 43- 2 Grass Pavers


Part 2 Products

2.1 Manufacturers

A. Below is a list of potential manufactures and providers. Equivalent others will be approved.

1. Invisible Structures, Inc., which is located at: 1600 Jackson St. Suite 310 ; Golden, CO 80401

2. NDS, Inc., which is located at: 851 North Harvard Avenue, Lindsay, California 93247

3. AirField Systems, which is located at: 8028 N. May Avenue, Suite 201, Oklahoma City, OK 73120

2.2 Materials

A. Grass Pavers

1. The grass pavers shall meet the structural loading requirement 200 ton/m2 (290 psi) unconfined.

2. The grass pavers shall be of structural modules manufactured with high impact thermoplastic such as UV Stabilized 100 percent recycled High density polyethylene (HDPE) or Polyolefin plastic.

3. The individual cells of the grass pavers shall be evenly spaced across each module to ensure even distribution of loads.

4. The individual cells of the grass pavers shall have an open base design for minimal hinderance to rood growth and drainage.

5. The individual cells of the grass pavers shall have side openings to allow for runner and root growth between cells.

6. The modules shall be securely interconnected with adjacent modules to prevent movement of individual modules subject to differential settlement or loading. Interconnection shall be by snap-on clipping.

7. The modules shall be capable of being anchored to the ground by pegging where required.

B. Sand Fill for Cells and Spaces Between Cells

1. Native Top Soil OR Sandy Loam OR Loam Soil. Sand and native soil with high clay content are not recommended.

2. Owner may also consider the use of patented engineered soils.

32 12 43- 3 Grass Pavers


C. Grass - Choose either sod or seed:

1. Sod: Use 13 mm (0.5") thick (soil thickness) rolled sod from a reputable local grower. Species should be wear resistant, free from disease, and in excellent condition. Sod shall be grown in sand or sandy loam soils only. Sod grown in soils of clay, silt, or high organic materials such as peat, will not be accepted.

2. Seed: Use seed materials in accordance with Section 32 92 19, Seeding for access road.

Part 3 Execution

3.1 Base Course Preparation

A. Excavate and level the area where the grass pavers are to be installed.

B. Compact the excavated or levelled area using a mechanical plate compactor or light compactor roller according to the Engineer’s specifications.

3.2 Grass Pavers

A. The grass pavers shall be provided/installed in accordance to the project requirement as approved by the Owner Representative or Engineer.

B. All installed grass pavers shall be joined with no gaps between them.

C. Prior to installation, the Contractor shall submit Method Statements and/or Shop Drawings endorsed by the supplier’s qualified engineer for the installation of the grass pavers.

D. Place connected grass pavers on the installed sand or gravel ensuring that the open cells are facing upwards.

E. Fill and cover the cells with an 80% sand and 20% organic sandy soil mix. Clay or heavy loam soil mixes that can adversely affect turf establishment shall not be used.

F. E. Fill the top soil in cells as pavers are laid in sections. Fill pavers from outer periphery moving inward and avoid driving on empty pavers. Dump trucks and front end loaders that drive on empty pavers while filling soil should minimize or avoid sharp 90-degree turn maneuvers to avoid displacement of panels.

G. Level off the surface and lightly compact the area using water sprayed evenly across the surface.

H. The top of the grass pavers must be covered with 10 mm of the sandy soil mix if the area is to be turfed, and by 20 mm if the area is to be hydroseeded.

I. Ensure that vehicles are not driven over newly installed grass pavers. END OF SECTION

Section 32 16 00 Concrete Sidewalks and Curbs and Gutters


Part 1 General

1.1 Work Included

A. Concrete combination curb and gutter.

B. Concrete sidewalks.

1.2 Measurement for Payment

A. Sidewalks: The quantities of sidewalks to be paid for will be the number of square yards of each depth of sidewalk constructed as indicated.

B. Curbs and Gutters: The quantities of curbs and gutters to be paid for will be the number of linear feet of each cross section constructed as indicated, measured along the face of the curb at the gutter line.

1.3 Basis for Payment

A. Sidewalks: Payment of the quantities of sidewalks measured as specified will be at the contract unit price per square yard of the thickness specified.

B. Curbs and Gutters: Payment of the quantities of curbs and gutters measured as specified will be at the contract unit price per linear foot of each cross section.

1.4 System Description

A. General Requirements

1. Provide plant, equipment, machines, and tools used in the work subject to approval and maintained in a satisfactory working condition at all times. The equipment shall have the capability of producing the required product, meeting grade controls, thickness control and smoothness requirements as specified.

2. Use of the equipment shall be discontinued if it produces unsatisfactory results.

3. The Engineer shall have access at all times to the plant and equipment to ensure proper operation and compliance with specifications.

B. Slip Form Equipment: Slip form paver or curb forming machine, will be approved based on trial use on the job and shall be self-propelled, automatically controlled, crawler mounted, and capable of spreading, consolidating, and shaping the plastic concrete to the desired cross section in one pass.

32 16 00 - 2 Concrete Sidewalks and Curbs and Gutters


1.5 Submittals

A. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

B. Submit manufacturer/supplier certifications for aggregate and cement. Provide the project identification name and number, date of report, name of Contractor, name of concrete testing service, source of concrete aggregates, materials manufacturer and brand name for manufactured materials, values specified in the referenced specification for each material, and test results.

C. Submit mix design in accordance with ACI requirements. Provide for each mix design, the project name, city, general contractor, concrete strength, and it’s intended use.

D. Submit 2 copies of laboratory test reports with standard deviation analysis or trial batch data. All concrete materials shall be listed.

1.6 Environmental Requirements

A. Placing During Cold Weather

1. Do not place concrete when the air temperature reaches 40 degrees F and is falling or is already below that point.

2. Placement may begin when the air temperature reaches 35 degrees F and is rising, or is already above 40 degrees F. Make provisions to protect the concrete from freezing during the specified curing period.

3. If necessary to place concrete when the temperature of the air, aggregates, or water is below 35 degrees F, placement and protection shall be approved in writing. Approval will be contingent upon full conformance with the following provisions.

4. The underlying material shall be prepared and protected so that it is entirely free of frost when the concrete is deposited.

5. Mixing water shall be heated as necessary to result in the temperature of the in-place concrete being between 50 and 85 degrees F. Methods and equipment for heating shall be approved.

6. The aggregates shall be free of ice, snow, and frozen lumps before entering the mixer.

7. Covering and other means shall be provided for maintaining the concrete at a temperature of at least 50 degrees F for not less than 72 hours after placing, and at a temperature above freezing for the remainder of the curing period.

B. Placing During Warm Weather



1. The temperature of the concrete as placed shall not exceed 85 degrees F except where an approved retarder is used. The mixing water and/or aggregates shall be cooled, if necessary, to maintain a satisfactory placing temperature. The placing temperature shall not exceed 95 degrees F at any time.

Part 2 Products

2.1 Concrete

A. Provide concrete conforming to the applicable requirements of Section 03 30 00 CAST-IN-PLACE CONCRETE except as otherwise specified. Concrete shall have a minimum compressive strength of 3000 psi at 28 days. Maximum size of aggregate shall be one inch. Submit copies of certified delivery tickets for all concrete used in the construction.

B. Air Content

1. Mixtures shall have air content by volume of concrete of 5 to 7 percent, based on measurements made immediately after discharge from the mixer.

C. Slump

1. The concrete slump shall be 3 inches plus or minus 1 inch where determined in accordance with ASTM C143.

D. Reinforcement Steel

1. Reinforcement bars shall conform to ASTM A615. Wire mesh reinforcement shall conform to ASTM A1064.

2.2 Concrete Curing Materials

A. Impervious Sheet Materials: Impervious sheet materials shall conform to ASTM C171, type optional, except that polyethylene film, if used, shall be white opaque.

B. Burlap: Burlap shall conform to AASHTO M 182.

C. White Pigmented Membrane-Forming Curing Compound: White pigmented membrane-forming curing compound shall conform to ASTM C309, Type 2.

2.3 Concrete Protection Materials

A. Concrete protection materials shall be a linseed oil mixture of equal parts, by volume, of linseed oil and either mineral spirits, naphtha, or turpentine. At the option of the Contractor, commercially prepared linseed oil mixtures, formulated specifically for application to concrete to provide protection against the action of deicing chemicals may be used, except that emulsified mixtures are not acceptable.



2.4 Joint Filler Strips

A. Contraction Joint Filler for Curb and Gutter: Contraction joint filler for curb and gutter shall consist of hard-pressed fiberboard.

B. Expansion Joint Filler, Premolded

1. Expansion joint filler, premolded, shall conform to ASTM D1751 or ASTM D1752, 1/2 inch thick, unless otherwise indicated.

2.5 Joint Sealants

A. Joint sealant, cold-applied shall conform to ASTM C920 or ASTM D5893.

2.6 Form Work

A. Design and construct form work to ensure that the finished concrete will conform accurately to the indicated dimensions, lines, and elevations, and within the tolerances specified.

B. Forms shall be of wood or steel, straight, of sufficient strength to resist springing during depositing and consolidating concrete.

1. Wood forms shall be surfaced plank, 2 inches nominal thickness, straight and free from warp, twist, loose knots, splits or other defects.

a. Wood forms shall have a nominal length of 10 feet.

b. Radius bends may be formed with 3/4 inch boards, laminated to the required thickness.

2. Steel forms shall be channel-formed sections with a flat top surface and with welded braces at each end and at not less than two intermediate points.

a. Ends of steel forms shall be interlocking and self-aligning.

b. Steel forms shall include flexible forms for radius forming, corner forms, form spreaders, and fillers.

c. Steel forms shall have a nominal length of 10 feet with a minimum of 3 welded stake pockets per form. Stake pins shall be solid steel rods with chamfered heads and pointed tips designed for use with steel forms.

C. Sidewalk Forms: Sidewalk forms shall be of a height equal to the full depth of the finished sidewalk.

D. Curb and Gutter Forms: Curb and gutter outside forms shall have a height equal to the full depth of the curb or gutter. The inside form of curb shall have batter as indicated and shall be securely fastened to and supported by the outside form.



1. Rigid forms shall be provided for curb returns, except that benders or thin plank forms may be used for curb or curb returns with a radius of 10 feet or more, where grade changes occur in the return, or where the central angle is such that a rigid form with a central angle of 90 degrees cannot be used.

2. Back forms for curb returns may be made of 1-1/2-inch benders, for the full height of the curb, cleated together.

3. In lieu of inside forms for curbs, a curb "mule" may be used for forming and finishing this surface, provided the results are approved.

E. Detectable Warning System: Detectable Warning Systems shown on the contract plans are to meet requirements of ICC A117.1 - Section 705.

Part 3 Execution

3.1 Subgrade Preparation

A. The subgrade shall be constructed to the specified grade and cross section prior to concrete placement.

B. Subgrade shall be placed and compacted as directed.

C. Sidewalk Subgrade: The subgrade shall be tested for grade and cross section with a template extending the full width of the sidewalk and supported between side forms.

D. Curb and Gutter Subgrade: The subgrade shall be tested for grade and cross section by means of a template extending the full width of the curb and gutter. The subgrade shall be of materials equal in bearing quality to the subgrade under the adjacent pavement.

E. Maintenance of Subgrade: The subgrade shall be maintained in a smooth, compacted condition in conformity with the required section and established grade until the concrete is placed. The subgrade shall be in a moist condition when concrete is placed. The subgrade shall be prepared and protected to produce a subgrade free from frost when the concrete is deposited.

3.2 Form Setting

A. Set forms to the indicated alignment, grade and dimensions.

B. Hold forms rigidly in place by a minimum of 3 stakes per form placed at intervals not to exceed 4 feet.

1. Corners, deep sections, and radius bends shall have additional stakes and braces, as required.

2. Clamps, spreaders, and braces shall be used where required to ensure rigidity in the forms.



C. Forms shall be removed without injuring the concrete.

1. Bars or heavy tools shall not be used against the concrete in removing the forms.

D. Any concrete found defective after form removal shall be promptly and satisfactorily repaired.

E. Forms shall be cleaned and coated with form oil each time before concrete is placed.

1. Wood forms may, instead, be thoroughly wetted with water before concrete is placed, except that with probable freezing temperatures, oiling is mandatory.

F. Sidewalks

1. Set forms for sidewalks with the upper edge true to line and grade with an allowable tolerance of 1/4 inch in any 10 foot long section.

2. After forms are set, grade and alignment shall be checked with a 10 foot straightedge.

3. Forms shall have a transverse slope as indicated with the low side adjacent to the roadway. Side forms shall not be removed for 12 hours after finishing has been completed.

G. Curbs and Gutters

1. The forms of the front of the curb shall be removed not less than 2 hours nor more than 6 hours after the concrete has been placed.

2. Forms back of curb shall remain in place until the face and top of the curb have been finished, as specified for concrete finishing.

3. Gutter forms shall not be removed while the concrete is sufficiently plastic to slump in any direction.

3.3 Sidewalk Concrete Placement and Finishing

A. Formed Sidewalks

1. Place concrete in the forms in one layer. When consolidated and finished, the sidewalks shall be of the thickness indicated.

2. After concrete has been placed in the forms, a strike-off guided by side forms shall be used to bring the surface to proper section to be compacted.

3. The concrete shall be consolidated by tamping and spading or with an approved vibrator, and the surface shall be finished to grade with a strike off.

B. Concrete Finishing



1. After straightedging, when most of the water sheen has disappeared, and just before the concrete hardens, finish the surface with a wood or magnesium float or darby to a smooth and uniformly fine granular or sandy texture free of waves, irregularities, or tool marks. A scored surface shall be produced by brooming with a fiber-bristle brush in a direction transverse to that of the traffic, followed by edging.

2. Edge and Joint Finishing:

a. All slab edges, including those at formed joints, shall be finished with an edger having a radius of 1/8 inch.

b. Transverse joint shall be edged before brooming, and the brooming shall eliminate the flat surface left by the surface face of the edger.

c. Corners and edges which have crumbled and areas which lack sufficient mortar for proper finishing shall be cleaned and filled solidly with a properly proportioned mortar mixture and then finished.

C. Surface and Thickness Tolerances: Finished surfaces shall not vary more than 5/16 inch from the testing edge of a 10-foot straightedge. Permissible deficiency in section thickness will be up to 1/4 inch.

3.4 Curb and Gutter Concrete Placement and Finishing

A. Formed Curb and Gutter: Concrete shall be placed to the section required in a single lift. Consolidation shall be achieved by using approved mechanical vibrators. Curve shaped gutters shall be finished with a standard curb "mule".

B. Curb and Gutter Finishing: Approved slipformed curb and gutter machines may be used in lieu of hand placement.

C. Concrete Finishing

1. Exposed surfaces shall be floated and finished with a smooth wood float until true to grade and section and uniform in texture. Floated surfaces shall then be brushed with a fine-hair brush with longitudinal strokes.

2. The edges of the gutter and top of the curb shall be rounded with an edging tool to a radius of 1/2 inch.

3. Immediately after removing the front curb form, the face of the curb shall be rubbed with a wood or concrete rubbing block and water until blemishes, form marks, and tool marks have been removed. The front curb surface, while still wet, shall be brushed in the same manner as the gutter and curb top.

4. The top surface of gutter and entrance shall be finished to grade with a wood float.

5. Joint Finishing: Curb edges at formed joints shall be finished as indicated.



D. Surface and Thickness Tolerances: Finished surfaces shall not vary more than 1/4 inch from the testing edge of a 10-foot straightedge. Permissible deficiency in section thickness will be up to 1/4 inch.

3.5 Sidewalk Joints

A. Sidewalk joints shall be constructed to divide the surface into rectangular areas.

1. Transverse contraction joints shall be spaced at a distance equal to the sidewalk width or 5 feet on centers, whichever is less, and shall be continuous across the slab.

2. Longitudinal contraction joints shall be constructed along the centerline of all sidewalks 10 feet or more in width.

3. Transverse expansion joints shall be installed at sidewalk returns and opposite expansion joints in adjoining curbs.

4. Where the sidewalk is not in contact with the curb, transverse expansion joints shall be installed as indicated.

B. Expansion joints shall be formed about structures and features which project through or into the sidewalk pavement, using joint filler of the type, thickness, and width indicated.

1. Expansion joints are not required between sidewalks and curb that abut the sidewalk longitudinally.

C. Sidewalk Contraction Joints: The contraction joints shall be formed in the fresh concrete by cutting a groove in the top portion of the slab to a depth of at least one-fourth of the sidewalk slab thickness, using a jointer to cut the groove, or by sawing a groove in the hardened concrete with a power-driven saw, unless otherwise approved.

1. Sawed joints shall be constructed by sawing a groove in the concrete with a 1/8 inch blade to the depth indicated.

2. An ample supply of saw blades shall be available on the job before concrete placement is started, and at least one standby sawing unit in good working order shall be available at the jobsite at all times during the sawing operations.

D. Sidewalk Expansion Joints

1. Expansion joints shall be formed with 1/2 inch joint filler strips. Joint filler in expansion joints surrounding structures and features within the sidewalk may consist of preformed filler material conforming to ASTM D1752 or building paper.

2. Joint filler shall be held in place with steel pins or other devices to prevent warping of the filler during floating and finishing.



3. Immediately after finishing operations are completed, joint edges shall be rounded with an edging tool having a radius of 1/8 inch, and concrete over the joint filler shall be removed.

4. At the end of the curing period, expansion joints shall be cleaned and filled with cold-applied joint sealant.

5. Joint sealant shall be gray or stone in color.

6. The joint opening shall be thoroughly cleaned before the sealing material is placed.

7. Sealing material shall not be spilled on exposed surfaces of the concrete.

8. Concrete at the joint shall be surface dry and atmospheric and concrete temperatures shall be above 50 degrees F at the time of application of joint sealing material.

9. Excess material on exposed surfaces of the concrete shall be removed immediately and concrete surfaces cleaned.

3.6 Curb and Gutter Joints

A. Curb and gutter joints shall be constructed at right angles to the line of curb and gutter.

B. Contraction Joints

1. Contraction joints shall be constructed directly opposite contraction joints in abutting portland cement concrete pavements and spaced so that monolithic sections between curb returns will not be less than 5 feet nor greater than 15 feet in length.

2. Contraction joints (except for slip forming) shall be constructed by means of 1/8 inch thick separators and of a section conforming to the cross section of the curb and gutter. Separators shall be removed as soon as practicable after concrete has set sufficiently to preserve the width and shape of the joint and prior to finishing.

3. When slip forming is used, the contraction joints shall be cut in the top portion of the gutter/curb hardened concrete in a continuous cut across the curb and gutter, using a power-driven saw. The depth of cut shall be at least one-fourth of the gutter/curb depth and 1/8 inch in width.

C. Expansion Joints

1. Expansion joints shall be formed by means of preformed expansion joint filler material cut and shaped to the cross section of curb and gutter. Expansion joints shall be provided in curb and gutter directly opposite expansion joints of abutting portland cement concrete pavement, and shall be of the same type and thickness as joints in the pavement.



2. Where curb and gutter do not abut portland cement concrete pavement, expansion joints at least 1/2 inch in width shall be provided at intervals not less than 30 feet nor greater than 120 feet.

3. Expansion joints shall be provided in nonreinforced concrete gutter at locations indicated.

4. Expansion joints shall be sealed immediately following curing of the concrete or as soon thereafter as weather conditions permit.

5. Expansion joints and the top 1 inch depth of curb and gutter contraction-joints shall be sealed with joint sealant.

6. The joint opening shall be thoroughly cleaned before the sealing material is placed.

7. Sealing material shall not be spilled on exposed surfaces of the concrete.

8. Concrete at the joint shall be surface dry and atmospheric and concrete temperatures shall be above 50 degrees F at the time of application of joint sealing material.

9. Excess material on exposed surfaces of the concrete shall be removed immediately and concrete surfaces cleaned.

3.7 Curing and Protection

A. General Requirements

1. Protect concrete against loss of moisture and rapid temperature changes for at least 7 days from the beginning of the curing operation.

2. Protect unhardened concrete from rain and flowing water.

3. All equipment needed for adequate curing and protection of the concrete shall be on hand and ready for use before actual concrete placement begins.

4. Protection shall be provided as necessary to prevent cracking of the pavement due to temperature changes during the curing period.

B. Mat Method

1. The entire exposed surface shall be covered with 2 or more layers of burlap.

2. Mats shall overlap each other at least 12 inches.

3. The mat shall be thoroughly wetted with water prior to placing on concrete surface and shall be kept continuously in a saturated condition and in intimate contact with concrete for not less than 72 hours.



C. Impervious Sheeting Method

1. The entire exposed surface shall be wetted with a fine spray of water and then covered with impervious sheeting material.

2. Sheets shall be laid directly on the concrete surface with the light-colored side up and overlapped 12 inches when a continuous sheet is not used.

3. The curing medium shall not be less than 18-inches wider than the concrete surface to be cured and shall be securely weighted down by heavy wood planks, or a bank of moist earth placed along edges and laps in the sheets.

4. Sheets shall be satisfactorily repaired or replaced if torn or otherwise damaged during curing.

5. The curing medium shall remain on the concrete surface to be cured for not less than 72 hours.

3.8 Backfilling

A. After curing, debris shall be removed and the area adjoining the concrete shall be backfilled, graded, and compacted to conform to the surrounding area in accordance with lines and grades indicated.

3.9 Protection

A. Completed concrete shall be protected from damage until accepted.

B. Repair damaged concrete and clean concrete discolored during construction. Concrete that is damaged shall be removed and reconstructed for the entire length between regularly scheduled joints. Refinishing the damaged portion will not be acceptable. Removed damaged portions shall be disposed of as directed.


A. Submit copies of all test reports within 24 hours of completion of the test.

B. General Requirements

1. Perform the inspection and tests described and meet the specified requirements for inspection details and frequency of testing.

2. Based upon the results of these inspections and tests, take the action and submit reports as required below, and any additional tests to insure that the requirements of these specifications are met.

C. Concrete Testing

1. Strength Testing: Provide molded concrete specimens for strength tests. Samples of concrete placed each day shall be taken not less than once a day



nor less than once for every 250 cubic yards of concrete. The samples for strength tests shall be taken in accordance with ASTM C172. Cylinders for acceptance shall be molded in conformance with ASTM C31 by an approved testing laboratory. Each strength test result shall be the average of 2 test cylinders from the same concrete sample tested at 28 days, unless otherwise specified or approved. Concrete specified on the basis of compressive strength will be considered satisfactory if the averages of all sets of three consecutive strength test results equal or exceed the specified strength, and no individual strength test result falls below the specified strength by more than 500 psi.

2. Air Content: Determine air content in accordance with ASTM C173 or ASTM C231. ASTM C231 shall be used with concretes and mortars made with relatively dense natural aggregates. Two tests for air content shall be made on randomly selected batches of each class of concrete placed during each shift. Additional tests shall be made when excessive variation in concrete workability is reported by the placing foreman or the Owner’s inspector. If results are out of tolerance, the placing foreman shall be notified and he shall take appropriate action to have the air content corrected at the plant. Additional tests for air content will be performed on each truckload of material until such time as the air content is within the tolerance specified.

3. Slump Test: Two slump tests shall be made on randomly selected batches of each class of concrete for every 250 cubic yards, or fraction thereof, of concrete placed during each shift. Additional tests shall be performed when excessive variation in the workability of the concrete is noted or when excessive crumbling or slumping is noted along the edges of slip-formed concrete.

4. Thickness Evaluation: The anticipated thickness of the concrete shall be determined prior to placement by passing a template through the formed section or by measuring the depth of opening of the extrusion template of the curb forming machine. If a slip form paver is used for sidewalk placement, the subgrade shall be true to grade prior to concrete placement and the thickness will be determined by measuring each edge of the completed slab.

5. Surface Evaluation: The finished surface of each category of the completed work shall be uniform in color and free of blemishes and form or tool marks.

3.11 Surface Deficiencies and Corrections

A. Thickness Deficiency: When measurements indicate that the completed concrete section is deficient in thickness by more than 1/4 inch the deficient section will be removed, between regularly scheduled joints, and replaced.

B. High Areas: In areas not meeting surface smoothness and plan grade requirements, high areas shall be reduced either by rubbing the freshly finished concrete with carborundum brick and water when the concrete is less than 36 hours old or by grinding the hardened concrete with an approved surface grinding machine after the concrete is 36 hours old or more. The area corrected by grinding the surface of the hardened concrete shall not exceed 5 percent of the area of any integral slab, and the depth of grinding shall not exceed 1/4 inch. Areas requiring grade or surface



smoothness corrections in excess of the limits specified above shall be removed and replaced.

C. Appearance: Exposed surfaces of the finished work will be inspected by the Owner and any deficiencies in appearance will be identified. Areas which exhibit excessive cracking, discoloration, form marks, or tool marks or which are otherwise inconsistent with the overall appearances of the work shall be removed and replaced.

3.12 Detectable Warning System

A. Install Detectable Warning Systems required by contract plans per ICC A117.1, Section 705, and by manufacturers' installation instructions.

END OF SECTION

Section 32 31 13 PVC Coated Galvanized Chain Link Fences and Gates


Part 1 General

1.1 Work Included

A. This Section includes the following:

1. Chain-link fences.

2. Gates: As shown on the plans.

1.2 Submittals

A. Submit in accordance with Section 01 33 00.

B. Product Data: Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for chain-link fences and gates:

1. Fence and gate posts, rails, and fittings.

2. Chain-link fabric, reinforcements, and attachments.

3. Gates and hardware.

C. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, gate swing, or other operation, hardware, and accessories. Indicate materials, dimensions, sizes, weights, and finishes of components. Include plans, gate elevations, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances.

D. Samples for Verification: For each type of chain-link fence and gate indicated, provide sample of steel wire (for fabric) in 6-inch (150-mm) squares.

E. Product Certificates: For each type of chain-link fence and gate, signed by product manufacturer.

1. Strength test results for framing according to ASTM F 1083.


A. Manufacturer: Company having manufacturing facilities in the United States with a minimum 5 years’ experience specializing in manufacturing of chain link fence products.

B. Fence contractor: Contractor having 5 years’ experience installing similar projects in accordance with ASTM F567.

C. Tolerances: ASTM current specification and tolerances apply and supersede any conflicting tolerance.

32 31 13 - 2 PVC Coated Galvanized Chain Link Fences and Gates


D. Single source: To ensure system integrity obtain the chain link system, framework, fabric, fittings, gates and accessories from a single source.

E. Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements.

1.4 Warranty

A. Special Warranty: Manufacturer's standard form in which CONTRACTOR agrees to repair or replace components of chain-link fences and gates that fail in materials or workmanship within specified warranty period.

1. Failures include, but are not limited to, the following:

a. Deterioration of metals, finishes, and other materials beyond normal weathering.

b. Deflection of fence fabric beyond design limits.

2. Products furnished in this section shall be guaranteed in writing by the manufacturer’s standard warranty in addition to CONTRACTOR’s one year warranty.

Part 2 Products

2.1 Posts, Rails, and Braces

A. Steel pipe Type I: ASTM F1043 Group IA, ASTM F1083 standard weight schedule 40 hot-dip galvanized pipe having a zinc coating of 1.8 oz./ft² (550 g/m²) on the outside surface and 1.8 oz./ft² (550 g/m²) on the inside surface. Exterior of pipe to have F1043 PVC thermally fused color coating, minimum thickness 10 mils (0.254 mm).

1. Regular Grade: Minimum steel yield strength of 30,000 psi.

2. Intermediate Strength Grade: Minimum steel yield strength of 50,000 psi.

3. High Strength 83000 Grade: Minimum steel yield strength 83,000 psi.

B. Steel pipe Type II: Cold formed electric resistance welded steel pipe complying with ASTM F1043 Group IC having minimum steel yield strength of 50,000 psi (344 MPa). External protective coating F1043 Type B, 0.9 oz/ft² (270 g/m²) minimum hot-dip zinc coating plus a chromate conversion and a clear polymer coating, plus a minimum 10 mil (0,254 mm) thermally fused PVC color coating in accordance with F1043. Internal coating F1043 Type D, 81% nominal zinc pigmented coating minimum 3 mils (0.0076 mm) thick or Type B, minimum 0.9 oz./ft² (275 g/m²) zinc.

C. Formed steel “C” sections: Roll formed steel shapes complying with ASTM F1043, Group II, 50,000 psi (344 MPa) minimum steel yield strength. External coating, ASTM F1043 Type A, minimum average zinc coating of 2.0 oz./ft² (610 g/m²) in accordance



with ASTM A 123. The complete surface area of the rolled formed C post shall have a minimum 10 mil (0,254 mm) thermally fused PVC color coating in accordance with F1043.

D. End, Corner, and Pull Post:

1. For fence up to and including 6 feet 0 inches in height, 2.375 inch OD Type I ASTM F1083 Regular Grade Pipe

E. Line Posts (10 feet 0 inches Maximum Spacing):

1. Fabric Up To 8 feet 0 inches in Height: 2.375 inch OD Type I ASTM F1083 Regular Grade Pipe

F. Top Rail and Braces:

1. The top rail and braces shall be 1.625 inches by 1.25 inches roll formed section with a minimum bending strength of 192 pounds.

2.2 Chain Link Fabric

A. The fabric shall consist of 1 piece fabric widths for fences up to 12 feet 0 inches. Fabric shall be 2 inches mesh, 9 gage, as indicated on the Drawings.

B. Selvage Edges: Fabric in heights 60 inches and less shall be knuckled at both selvages. Fabric 72 inches and more shall be knuckled at the bottom selvage and be twisted and barbed at the top.

C. Finishes: Poly Vinyl Chloride (PVC) color coated steel chain link fabric per ASTM F668 Class 1.

D. Color of chain link fabric per ASTM F934 Black.

2.3 Fittings

A. All fittings to be PVC thermally fused color coated having a minimum thickness of 0.006” (0.152 mm) per ASTM F626. PVC color to match fabric and framework. Moveable parts, nuts and bolts to be field coated with PVC liquid touch up after installation.

B. Post caps: ASTM F626 galvanized pressed steel, malleable iron, or aluminum alloy weather tight closure cap for tubular posts. Provide one cap for each post. “C” shaped line post without top rail do not require post caps. When top rail is specified provide line post loop tops to secure top rail.

C. Rail ends: Galvanized pressed steel per ASTM F626, for connection of rails to post using a brace band.

D. Top rail sleeves: 7” (178 mm) galvanized steel sleeve per ASTM F626.

E. Wire ties: [9 gauge (0.148”) (3.76 mm) galvanized steel wire for attachment of fabric



to line posts and rails.][double wrap 13 gauge (0.092”) (2.324 mm) galvanized steel wire for rails and braces] Pre-formed hog ring ties to be 9 gauge (0.148”) (3.76 mm) galvanized steel or aluminum for attachment of fabric to tension wire. Tie wire and hog rings PVC coated and in compliance with ASTM F626. Color to match fabric color.

F. Brace and tension (stretcher bar) bands: ASTM F626 galvanized 12 gauge (0.105”) (2.67mm) pressed steel by 3/4” (19mm) formed to a minimum 300 degree profile curvature for post attachment. Secure bands using minimum 5/16” (7.94 mm) galvanized carriage bolt and nut.

G. Tension (stretcher) bars: Galvanized steel one piece length equal to 2 inches (50 mm) less than full height of fabric with a minimum cross-section of 3/16” x 3/4” (4.76 mm x 19 mm) per ASTM F626. Provide tension (stretcher) bars where chain link fabric is secured to the terminal post.

H. Truss rod assembly: Galvanized steel minimum 5/16” (7.9mm) diameter truss rod with pressed steel tightener, in accordance with ASTM F626.

I. Carriage bolts and nuts: Galvanized of commercial quality.

2.4 Tension Wire

A. Tension wire: Poly Vinyl Chloride (PVC) coated metallic coated steel tension wire per ASTM F 1664 9 gauge steel core wire, 0.148 (3.76 mm) PVC coating class and color to match chain link fabric.

2.5 Post Setting Materials

A. Concrete: Minimum 28 day compressive strength of 3,000 psi (20 MPa).

B. Drive Anchors: Galvanized ASTM A36 steel drive anchor angle blades, 1” x 1” (25 mm x 25 mm) x 30 “ (762 mm) long secured to post with a galvanized shoe clamp.

Part 3 Execution

3.1 Examination

A. Examine areas and conditions, with Installer present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance.

1. Do not begin installation before final grading is completed, unless otherwise permitted by OWNER.

2. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 Preparation

A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of



100 feet or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments.

3.3 Installation, General

A. Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified.

1. Install fencing on established boundary lines inside property line.

3.4 Chain-link Fence Installation

A. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil.

B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil.

1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices.

2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter.

3. Concealed Concrete: Top 2-inches below grade to allow covering with surface material.

C. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more.

D. Line Posts: Space line posts uniformly at 10 feet on center, or less.

E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Install braces at end and gate posts and at both sides of corner and pull posts.

1. Locate horizontal braces at midheight of fabric 6 feet or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension.

F. Tension Wire: Install according to ASTM F 567 and ASTM F 1916, maintaining plumb position and alignment of fencing. Pull wire taut, without sags. Fasten fabric to tension wire with hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches on center Install tension wire in locations indicated before stretching fabric.

1. Top Tension Wire: Install tension wire through post cap loops.

2. Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric and tie to each post with not less than same diameter and type of wire.



G. Center Rails: Install mid rails between line posts and attach to post using rail end or line rail clamps

H. Touch up any nicks or scratches of the PVC color coating with liquid PVC paint.

I. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released.

1. Leave 1 inch between finish grade or surface and bottom selvage, unless otherwise indicated.

J. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 15 inches on center

K. Tie Wires: Power-fastened or manually fastened ties configured to wrap a full 360 degrees around rail or post and a minimum of 1 complete diamond of fabric. Twist ends one and one-half machine twists or three full manual twists, and cut-off protruding ends to preclude untwisting by hand.

1. Maximum Spacing: Tie fabric to line posts at 12 inches on center and to braces at 24 inches on center

L. Fasteners: Install nuts for tension bands and carriage bolts on the side of fence opposite the fabric side.


A. Fabric Testing: Test fabric tension according to ASTM F 1916.

B. Fence Post Rigidity Testing: Test line posts for rigidity according to ASTM F 1916.

3.6 Adjusting

A. Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding.

B. Lubricate hardware and other moving parts

END OF SECTION

Section 32 92 19 Seeding


Part 1 General


A. Seeding of disturbed areas

B. Fertilizing and soil amendments, as necessary.

C. Maintenance

1.2 References

A. U.S. Department Of Agriculture (USDA)

1. AMS Seed Act (1940; R 1988; R 1998) Federal Seed Act

2. DOA SSIR 42 (1996) Soil Survey Investigation Report No. 42, Soil Survey Laboratory Methods Manual, Version 3.0

1.3 Definitions

A. Acceptable Stand of Turf: An area is considered acceptable if it is represented by a minimum of 100 seedlings per square foot of the permanent species of grass representative of the seed mixture.

1.4 Related Requirements

A. Section 31 20 00 - Earthwork

1.5 Submittals

A. The following shall be submitted in accordance with Section 01 33 00 - Submittal Procedures:

1. Product Data:

a. Wood cellulose fiber mulch.

b. Fertilizer: Include physical characteristics, and recommendations.

2. Certificates:

a. Contractor shall furnish labels or certified laboratory reports from an accredited commercial seed laboratory or a state seed laboratory showing the analysis and germination of the seed to be furnished. Acceptance of the seed test reports shall not relieve the Contractor of any

32 92 19 - 2 Seeding


responsibility or liability for furnishing seed meeting the requirements of this section.

3. Test Results:

a. The Contractor shall obtain representative samples and furnish soil test certificates including textural, pH, and organic ignition analysis from the State University Agricultural Extension Service or other certified testing laboratory.

1.6 System Description

A. This work shall be performed in all disturbed areas not receiving such site improvements as buildings, roads, walks, sod, planting, etc., and shall include, but not necessarily be limited to, all seed bed preparation; the supplying and placing of soil additives, seed, and mulch wherever required by the Drawings or directed by the A/E; and maintenance.

B. All existing lawns encountered shall be replaced with topsoil and seeding of the same type and quality as that existing prior to construction and shall be restored to original condition or better.

C. GRASS SEED FOR HAUL ROAD: Uniform mixture of Hulled Bermuda, Kentucky 31 Fescue (Festuca Elatior) and annual rye meeting the requirements of the State Department of Agriculture and furnished in new bags or bags that are sound and not mended; no "below standard" seed accepted

1. Seeds shall be uniform mixtures of the following kinds and properties: Group A Group B KIND % by weight % by weight Hulled Bermuda 50 20 Kentucky 31 Fescue 40 60 English Rye 10 20 TOTAL 100 100

2. Time of Sowing and Seed Mixture Required: (a) February 1 to August Use Group A Only (b) Month of August Only: Use either Group A or Group B. (c) September 1 to December 1: Use Group B only (d) December 1 to February 1 DO NOT SOW ANY SEED

32 92 19 - 3 Seeding


D. GRASS SEED FOR STREAM BANK: Mixture of native grasses, annuals, and perennials furnished in new bags or bags that are sound and not mended; no "below standard" seed accepted

1. Seeds shall be uniform mixtures of the following kinds and properties:

Kind Botanical Name PLS oz/ac

PLS lbs/ac

PLS lbs

Virginia Wild Rye Elymus virginicus 3.00 2.550 2.550 Fowl Manna Grass Glyceria striata 0.50 0.425 0.425 Rice Cut Grass Leersia oryzoides 0.70 0.595 0.595 River Oats Chasmanthium latifolium 2.80 2.380 2.380

Cosmos Sedge Carex comosa 0.60 0.510 0.510 Frank's Sedge Carex frankii 0.60 0.510 0.510 Hop Sedge Carex lupulina 0.60 0.510 0.510 Shallow Sedge Carex lurida 0.80 0.680 0.680 Fox Sedge Carex vulpinoidea 0.30 0.255 0.255 Rufous Bulrush Scirpus pendulus 0.10 0.085 0.085 Eastern Bur Reed Sparganium

americanum 1.00 0.850 0.850

Swamp Milkweed Asclepias incarnata 1.10 0.935 0.935 Showy Tickseed Bidens aristosa 1.30 1.105 1.105 Boneset Eupatorium perfoliatum 0.20 0.170 0.170

Sneezeweed Helenium autumnale 0.20 0.170 0.170 Slender Blazing Star Liatris gracilis 0.40 0.340 0.340 Cardinal Flower Lobelia cardinalis 0.05 0.043 0.043 Seed Box Ludwigia alternifolia 0.09 0.077 0.077 Smooth Beardtongue Penstemon digitalis 0.21 0.179 0.179 Slender Mountain Mint Pycnanthemum

tenuifolium 0.10 0.085 0.085

Maryland Meadowbeauty Rhexia mariana 0.20 0.170 0.170 Blackeyed Susan Rudbeckia hirta 0.25 0.213 0.213 Golden Alexander Zizia aurea 0.90 0.765 0.765 Lbs/acre 13.60

E. FERTILIZER: commercially manufactured; Grade 10-10-10; furnished in standard containers that are clearly marked with the name, weight, and guaranteed analysis of the contents and that ensure proper protection in transportation and handling; and in compliance with all local, state, and federal fertilizer laws

F. Refer to other sections for items affecting seeding. Coordinate this work with that specified by other sections for timely execution.

32 92 19 - 4 Seeding



A. Delivery

1. Seed Protection: Protect from drying out and from contamination during delivery, on-site storage, and handling.

2. Fertilizer and Other Agricultural Chemicals Delivery: Deliver to the site in original, unopened containers bearing manufacturer's chemical analysis, name, trade name, trademark, and indication of conformance to state and federal laws. Instead of containers, fertilizer and lime may be furnished in bulk with certificate indicating the above information.

B. Storage

1. Seed, Fertilizer and Lime Storage: Store in cool, dry locations away from contaminants.

2. Topsoil: Prior to stockpiling topsoil, treat growing vegetation with application of appropriate specified non-selective herbicide. Clear and grub existing vegetation three to four weeks prior to stockpiling topsoil.

C. Handling: Do not drop or dump materials from vehicles.

Part 2 Products

2.1 Grass Seed

A. Seed shall be delivered in new bags or bags that are sound and labeled in accordance with the U.S. Department of Agriculture Federal Seed Act.

B. All seed shall be from the last crop available at time of purchase and shall not be moldy, wet, or otherwise damaged in transit or storage.

C. Seed shall bear the growers analysis testing to 98% for purity and 90% for germination. At the discretion of the Engineer, samples of seed may be taken for check against the grower’s analysis.

D. Species, rate of seeding, fertilization, and other requirements are shown in the Seeding Requirements Table.

2.2 Fertilizer Materials

A. Fertilizer materials shall comply with applicable state, local, and federal laws concerned with their production and use.

B. Commercial fertilizer shall be a ready mixed material and shall be equivalent to the grade or grades specified in the Seeding Requirements Table. Container bags shall have the name and address of the manufacturer, the brand name, net weight, and chemical composition.

32 92 19 - 5 Seeding


2.3 Agricultural Limestone

A. Containing a minimum of 85 percent calcium carbonate and magnesium carbonate combined, 85 percent of which passes a No. 10 mesh sieve, and 40 percent passing a No. 40 mesh sieve.

2.4 Mulch

A. Mulch shall be free from noxious weeds, mold, and other deleterious materials.

B. Straw: Stalks from oats, wheat, rye, barley, or rice. Furnish in air-dry condition and of proper consistency for placing with commercial mulch blowing equipment. Straw shall contain no fertile seed.

2.5 Mulch Binder

A. Mulch on slopes exceeding 3 to 1 ratio shall be held in place by the use of an approved mulch binder. The mulch binder shall be non-toxic to plant life and shall be acceptable to the Engineer.

B. Emulsified asphalt binder shall be Grade SS-1, ASTM D 977. Cut-back asphalt binder shall be Grade RC 70 or RC 250.

2.6 Innoculants for Legumes

A. All leguminous seed shall be inoculated prior to seeding with a standard culture of nitrogen-fixing bacteria that is adapted to the particular seed involved.

2.7 Water

A. Water shall be clean, clear water free from any objectionable or harmful chemical qualities or organisms and shall be furnished by the Contractor.

Part 3 Execution

3.1 Preparation

A. Extent Of Work: Provide soil preparation (including soil conditioners as required), fertilizing, seeding, and surface topdressing of all newly graded finished earth surfaces, unless indicated otherwise, and at all areas inside or outside the limits of construction that are disturbed by the Contractor's operations.

B. Topsoil: Provide 4 inches of topsoil to meet indicated finish grade. Over rock, provide minimum of 12 inches of topsoil. After areas have been brought to indicated finish grade, incorporate fertilizer and lime into soil a minimum depth of 4 inches by disking, harrowing, tilling or other method approved by the Engineer. Remove debris and stones larger than 3/4 inch in any dimension remaining on the surface after finish grading. Correct irregularities in finish surfaces to eliminate depressions. Protect finished topsoil areas from damage by vehicular or pedestrian traffic.

32 92 19 - 6 Seeding


C. Before beginning seeding operations in any area, complete the placing of topsoil and final grading, and have the work approved by the Owner’s Representative.

3.2 Seeding

A. Seed Application and Conditions

1. Immediately before seeding, restore soil to proper grade.

2. Do not seed when ground is muddy [frozen] [snow covered] or in an unsatisfactory condition for seeding.

3. Apply seed within twenty four hours after seedbed preparation.

4. Sow seed by approved sowing equipment. Sow one-half the seed in one direction, and sow remainder at right angles to the first sowing.

B. Seed of the specified group shall be sown as soon as preparation of the seedbed has been completed. No seed shall be sown during high winds, nor until the surface is suitable for working and is in a proper condition. Seeding shall be performed during the dates shown in the Seeding Requirements Table unless otherwise approved by the Engineer. Seed mixtures may be sown together provided they are kept in a thoroughly mixed condition during the seeding operation. Copies of all weight tickets shall be furnished to the Engineer.

C. Seeds shall be uniformly sown by any approved mechanical method to suit the slope and size of the areas to be seeded, preferably with a broadcast type seeder, windmill hand seeder, or approved mechanical power drawn seed drills. Hydro-seeding and hydro-mulching may be used on steep embankments, provided full coverage is obtained. Care shall be taken to adjust the seeder for seeding at the proper rate before seeding operations are started and to maintain their adjustment during seeding. Seed in hoppers shall be agitated to prevent segregation of the various seeds in a seeding mixture.

D. Immediately after sowing, the seeds shall be covered and compacted to a depth of 1/8 to 3/8 inch by a cultipacker or suitable roller.

E. Leguminous seeds shall be inoculated prior to seeding with an approved and compatible nitrogen-fixing inoculated in accordance with the manufacturer's mixing instructions.

3.3 Mulching

A. All seeded areas shall be uniformly mulched in a continuous blanket immediately after seeding. The mulch shall be applied so as to permit some sunlight to penetrate and the air to circulate and at the same time shade the ground, reduce erosion, and conserve soil moisture. Approximately 25 percent of the ground shall be visible through the mulch blanket.

B. One of the following mulches shall be spread evenly over the seeded areas at the following application rates:

32 92 19 - 7 Seeding


1. Wood Cellulose Fiber 1,400 lbs./acre

2. Stalks 4,000 lbs./acre

3. Straw 4,000 lbs./acre

These rates may be adjusted at the discretion of the Engineer at no additional cost to the Owner, depending on the texture and condition of the mulch material and the characteristics of the seeded area.

C. Mulch on slopes greater than 3 to 1 ratio shall be held in place by the use of an approved mulch binder. Binder shall be thoroughly mixed and applied with the mulch. Emulsified asphalt or cutback asphalt shall be applied at the approximate rate of 5 gallons per 1,000 square feet as required to hold the mulch in place.

D. The Contractor shall cover structures, poles, fence, and appurtenances if the mulch binder is applied in such a way that it would come in contact with or discolor the structures.

E. Mulch and binder shall be applied by suitable blowing equipment at closely controlled application rates.

3.4 Watering

A. Contractor shall be responsible for maintaining the proper moisture content of the soil to insure adequate plant growth until a satisfactory stand is obtained. If necessary, watering shall be performed to maintain adequate water content in the soil.

B. Watering shall be accomplished by hoses, tank trucks, or sprinklers in such a way to prevent erosion, excessive runoff, and overwatered spots.

3.5 Maintenance and Bond

A. Upon completion of seeding operations, the Contractor shall clear the area of all equipment, debris, and excess material and the premises shall be left in a neat and orderly condition.

B. No equipment, material storage, construction traffic, etc., will be permitted on newly seeded ground.

C. The Contractor shall maintain all seeded areas without additional payment until final acceptance of the work by the Owner. Seeding work shall be repeated on defective areas until a satisfactory uniform stand is accomplished. Damage resulting from erosion, gullies, washouts, or other causes shall be repaired by filling with topsoil, compacting, and repeating the seeding work at contractor's expense.

D. A grassing bond will be required to cover all grassed area, solid sod areas, and erosion control for one year after the time of planting seed or placing sod.

32 92 19 - 8 Seeding



A. The Owner’s Representative shall inspect the seeding within 60 days after planting and determine if an acceptable stand of grass has been produced.

B. If an acceptable growth is not obtained on the first planting, reseeding and remulching will be required.

C. If the planting is less than 50 percent successful, rework the ground, refertilize, reseed, and remulch.

END OF SECTION

Section 32 94 00 Landscaping


Part 1 General


A. Furnishing all labor, equipment, and materials necessary for and to properly complete Landscaping in accordance with the Drawings and Specifications.

1.2 Submittals

A. Submit in accordance with Section 01 33 00 including product data for pesticides.

B. List of live cutting harvest sites, one week prior to beginning the Work.

C. Contractor Planting Plan:

1. Must provide a list of proposed plants to be used, including those listed and not listed in the Contract Documents.

2. Field locate all plant locations with flagging or paint prior to installation

3. Must be reviewed by Owner.

1.3 Definitions

A. Amelioration: The addition of soil, soil conditioners, fertilizer, or other soil additives that may be necessary to meet the requirements for seeding and mulching. Intent is to ensure establishment of healthy growing medium for pioneer plant materials.

B. Basal Cut Ends: Bottom ends of live branches that are intended to produce root development.

C. Brushlayer (Composed of Live Cutting Whips): A live cutting from trees/shrubs no younger than two growing seasons and no older than five growing seasons.

D. Dead Blow Hammer: Mallet that has sand or lead shot in the head.

E. Dormant Season: Time of year when plant materials are not actively growing; as shown on the Contract Documents.

F. Growing Tips: Top ends of live cut branches that are intended to produce leaf development.

G. Harvesting Site: Source area of native, live cut plant material branches.

H. Live Cutting: Branches or stems that have been cut and pruned from living plant material belonging to defined vegetative species. All side branches are trimmed. They are intended to take root and grow

32 94 00 - 2 Landscaping


I. Live Whip: Branches or stems from 1/2 to 1 inch in diameter and of a length shown on the Contract Documents and details that have been cut and pruned from living plant material belonging to defined vegetative species. All side branches are trimmed. They are intended to take root and grow.

J. Live Stake: Live cutting from trees/shrubs no younger than two growing seasons and no older than five growing seasons.

K. Live Pole: Live cutting with 2- to 3-inch diameter from trees/shrubs no younger than two growing seasons and no older than five growing seasons.

L. Mulch: Refers to the layer of material applied to the surface of soils to conserve moisture, improve fertility of soil, reduce weed growth and enhance visual appearance. Types of mulch include wheat straw, pine straw, hard wood and soft wood.

M. Property Owner: Entity owning identified property or possessing rights to sign written agreement allowing harvesting of live cuttings for Project.

N. Soil Bioengineering: Use of live plant materials to provide erosion control, slope and stream bank stabilization, landscape restoration, and wildlife habitat.

O. Grass and Seed Mixtures: Refer to Section 32 92 19, Seeding.

P. Water: Water, which may be required for storage of plant materials during the live construction, shall contain no toxic elements that could be harmful to plant growth.

Q. Woven Coir Fabric: Refer to Section 31 32 01, Woven Mattress Coir Blanket (Coir Fabric).

R. Trees, shrubs, and non-woody plantings: Plant that are either containerized (1, 3 or 5 gallons), bare roots, plugs or 2-inch caliper as specified on the Contract Documents.

S. Plant Protection: An apparatus to protect newly installed plants from becoming damaged by browsing animals.


A. Transport live cuttings in enclosed trailer or covered with a tarpaulin during transportation from harvesting site to Project Site.

B. Place live cut branch bundles on transport vehicles in an orderly fashion, with growing tips toward cab of vehicle to prevent damage and to facilitate handling.

C. All cut plant material shall arrive on the jobsite within 8 hours of cutting or as approved by GCDWR if a commercial supplier is used. The Contractor shall schedule the cutting and delivery of the live cuttings to the site so that the materials can be installed a maximum of 2 days after they arrive.

D. Trees, shrubs, and non-woody plantings shall be kept moist. Plants shall be transported in a manner to prevent disturbance of potting soil.



E. Grass and seed mixtures shall be transported in an enclosed cool and dry trailer.

F. Live Cuttings: Store and protect live cuttings not installed on day of arrival at Project Site.

1. Store in water or heeled-in in moist soil for a maximum of 2 days without refrigeration.

2. Outside storage locations shall be continually shaded and protected from wind.

3. Protect from drying at all times.

4. When temperature reaches 50 degrees F and above on day material is harvested, live cuttings shall not be stored, but shall be installed on day of harvesting.

5. If live cuttings are not installed on the same day they are harvested, they shall be soaked in a root hormone solution overnight for next-day installation. This includes live cuttings from commercial suppliers, if the live cuttings are not installed on the Project the same day they are harvested by the supplier.

G. Trees, Shrubs, and Non-woody Plantings: Store and plants not installed on day of arrival at Project Site.

1. Outside storage locations shall be continually shaded and protected from wind.

2. Protect from drying at all times.

3. Keep containers sealed to keep moisture inside the package.

H. Grass and Seed Mixtures: Refer to Section 32 92 19, Seeding.

I. Plant Protection: Store and protect plant protection devices not installed.

J. Outside storage shall be out of direct sunlight and dry.

K. Mulch: Store mulch in a manner as to prevent material from blowing away.

L. Handling:

1. All plant material shall be handled with care to limit stress and damage.

2. Damaged plants will be rejected.

3. Damaged plant protection devices shall not be installed.

4. Mulch may be installed by hand or other mechanical equipment.



Part 2 Products

2.1 Plants

A. Live Cuttings:

1. The Contractor may use local harvest sites or a commercial supplier to supply live cuttings for the soil bioengineering items on the Project.

2. The Contractor is encouraged to locate local harvest sites for plant material sources. Suitable species found on the project site, are preferred if available.

3. All harvested live cut native plant materials shall be taken from source locations within 50 miles of the Project Site. Source locations outside of this limit may be used, upon approval by OWNER.

4. The Contractor may use other plant species than those shown on the plant schedules in the plans, upon approval by OWNER.

5. Fabrication:

a. Live Stakes: Minimum diameter of 1/2 inch (0.5 inch) and a maximum diameter of 1 inch.

b. Cut to length shown on the Contract Documents.

c. Cut at a 45-degree angle at the basal end and cut flat on the other end.

6. Basal end is intended as the end to take root and shall be the end installed in ground.

B. Plantings:

1. Trees, shrubs, and non-woody plantings shall be bare root, plug, containerized, or size caliper as shown in the Plant Schedules on the Contract Documents.

2. Plant species shall be those shown in the Plant Schedules on the Contract Documents. Alternate plant species may be used by the Contractor, at the request of the Property Owner and/or the Contractor upon approval by Owner.

3. Local suppliers of plants are preferred.

4. When indicated by the Contract Documents, stake installed trees as follows: a. Wood Stake: 2 inches by 2 inches by 4-8 feet or as shown in the

Contract Documents b. Guy Wires protected with hosing around tree trunk c. Protective hose: two-ply, reinforced rubber garden hose, not less than

1/2-inch diameter, new or used.



2.2 Mulch

A. Straw Mulch: Refers to long pine or wheat straw that is to be used as mulching material under the woven coir fabric, in between soil bioengineering systems, and on all construction disturbance areas. Long straw mulch shall consist of dry pine straw or wheat straw, free of noxious weeds. The mulch shall be reasonably bright in color and shall not be musty, moldy, caked, decayed, or dusty. This mulch shall be installed along with appropriate soil amelioration and seeding under the coir fabric, on all open seeded soil slope face areas, and seeded construction disturbance areas.

B. Coarse Ground Mulch: Refers to a single ground wood product as a mulching material. Ground wood mulch shall consist of irregular-sized chipped and woody materials from 2 to 8 inches in length. Course ground mulch may be used in unimproved areas for weed suppression, dust control, water conservation or other uses. Course ground mulch may be accepted in either hard wood or soft wood varieties.

C. Double Ground Mulch: Refers to a double ground wood product as a mulching material. Ground wood mulch shall consist of uniformly shaped woody materials from 1 to 3 inches in length. Double ground much may be used in landscaped areas for topdressing, plant protection and enhancement, water conservation or other uses. Double ground mulch may be accepted in either hardwood or soft wood varieties.

Part 3 Execution

3.1 Plants

A. Harvesting (by Contractor or Commercial Supplier):

1. Only healthy, well-branched, and disease-free stock from species approved by OWNER shall be acceptable. The Contractor is responsible for providing harvested material. Larger log material shall be cut into 16-inch firewood lengths and neatly stacked where directed by the harvest site property owner.

2. Cutting: Equipment such as chain saws, bush axes, loppers, and pruners may be used for harvesting, provided that they are used in such a manner that they leave clean cuts. Live growing plant material at the harvesting site shall be handled with care to avoid bark stripping and splitting of stems. Cuts shall be made 6 inches to 12 inches from the ground or as required by the harvest site Property Owner. Cuts shall be made flat or at a slight or blunt angle to ensure that the source sites will regenerate rapidly.

3. Binding: Twine or hoisting belts shall be used to bind the live cuttings securely into bundles at the harvesting site for handling and for protection during transport. Live cuttings shall be grouped in such a manner that they stay together when handled. Side branches and brushy limbs shall be kept intact at this time and all growing tips shall be placed in the same direction.



4. Identification: Prior to leaving the harvesting site (including a commercial source), all live branch cuttings shall be properly labeled by the Contractor or commercial supplier. Labels shall be securely attached to the bundles of live cuttings and shall indicate the species of the cuttings, the collection date, and the location of harvesting, and the temperature at the time of harvest.

B. Trees, Shrubs, and Non-woody Plantings:

1. The plants shall be installed at the spacing shown on the Contract Documents Planting Schedule or as advised by a commercial plant supplier (whichever is closer).

2. Installation instructions shall be in accordance with plant labels or as advised by a commercial plant supplier.

3. Six inches of double ground wood mulch, weed control fabrics, or pre-emergent herbicide shall be used around the base of each installed plant to control competition from the herbaceous layer. The perimeter shall be no less than eighteen inches in diameter.

4. After planting, water all of the plantings. Plant installations shall continuously be watered as needed.

5. Staking and Guying Trees:

a. Do not use staking and guying unless specified in the Contract Documents. Staking and guying specified in the Contract Documents shall be considered incidental to the Work and will not be paid as a separate item.

b. Stake trees using a system that will prevent trees from leaning or tilting and keep the root ball stable until the roots become anchored. The system should allow the top some movement and flexibility without damaging the tree.

C. Mulching:

1. For Pit Plantings:

a. Apply mulch in a circular fashion around each plant, forming a ring as shown in the Contract Documentation the outside diameter.

b. If plant pits are greater than 5 feet in diameter, ensure that the mulch extends out to cover the berm as shown in the planting details on the Plans.

c. Apply mulch within 3 days of planting at least 4 inches in depth to obtain a compacted depth of at least 3 inches.

d. Compaction occurs naturally. Check compaction at least two months after spreading and exposing the mulch to the elements.



e. If the compacted depth is less than 3 inches, apply additional mulch to deficient areas within 1 month following notification.

f. Apply mulch to a uniform depth and remove lumps for a neat appearance. Tuck mulch neatly against all paving edges, drainage structures, and where planting beds meet grassed areas.

g. Leave a 2-inch ring of non-mulched area directly around all tree trunks.

h. Do not mulch with Cypress Mulch.

2. For Native Multitrophic or Stream Buffer Restoration Planting Areas, wheat straw shall be the only types of mulch used.

3. Do not mulch wet swale or retention ponds where standing water is present.

4. Wheat straw and pine straw mulch shall be applied by hand to a thickness of 3 inches.

END OF SECTION

Section 35 31 19 Articulating Concrete Block (ACB) Revetment System


PART 1 GENERAL 1.1 Scope of Work

A. The Contractor shall furnish all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of cellular concrete erosion control mats in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein.

1.2 Submittal

A. The Contractor shall submit to the Engineer all manufacturers’ hydraulic testing and calculations in support of the proposed cellular concrete mat system and geotextile.

The Contractor shall furnish the manufacturer's certificates of compliance for cellular concrete blocks/mats, revetment cable, and any revetment cable fittings and connectors. The Contractor shall also furnish the manufacturer's specifications, literature, shop drawings for the layout of the mats, and any recommendations, if applicable, that are specifically related to the project.

PART 2 PRODUCT 2.1 General

A. All cellular concrete mats shall be prefabricated as an assembly of concrete blocks, with specific hydraulic capacities, laced with revetment cables. Cellular concrete mats may be assembled on-site by hand-placing the individual units either with or without subsequent insertion of cables.

Individual units in the system shall be staggered and interlocked for enhanced

stability. The mats shall be constructed of open and/or closed cell units as shown on the contract drawings. The open cell units have two (2) vertical openings of rectangular cross section with sufficient wall thickness to resist breakage during shipping and installation. Parallel strands of cable shall extend through two (2) cable ducts in each block allowing for longitudinal binding of the units within a mat. Each row of units shall be laterally offset by one-half of a block width from the adjacent row so that any given block is cabled to four other blocks (two in the row above and two in the row below). Each block shall incorporate interlocking surfaces that minimize lateral displacement of the blocks within the mats when they are lifted by the longitudinal revetment cables. The interlocking surfaces must not protrude beyond the perimeter of the blocks to such an extent that they reduce the flexibility or articulation capability of the cellular mats or become damaged or broken when the mats are lifted during shipment or placement. Once the mats are in place, the interlocking surfaces shall minimize the lateral displacement of the blocks even if the cables should become damaged or removed. The mats must be able to flex a

35 31 19 - 2 Articulating Concrete Block (ACB) Revetment System


minimum of 18° between any given row or column of blocks in the uplift direction and a minimum of 45° in the downward direction.

The cables inserted into the mats shall form lifting loops at one end of the mat with

the corresponding cable ends spliced together to form a lifting loop at the other end of the mat. The Engineer shall approve appropriate sleeves for use in order to splice the lifting loop. The cables shall be inserted after sufficient time has been allowed for the concrete to complete the curing process.

The cellular concrete mats shall be placed on a filter fabric as specified herein.

Under no circumstances shall the filter fabric be affixed (i.e. chemically bonded to the blocks) to the mattress in a manner in which would jeopardize the functionality of the filter fabric. Specifically, the filter fabric shall be independent of the block system.

Certification (Open-Channel Flow): Cellular concrete mats will only be accepted

when accompanied by documented hydraulic performance characteristics that are derived from tests under controlled flow conditions. Testing guidelines should conform to U.S. Federal Highway Administration and U.S. Bureau of Reclamation Testing Protocol as documented in “Minimizing Embankment Damage During Overtopping Flow”, Report No. FHWA-RD-88-181 and all hydraulic performance testing shall be performed in a 2H:1V flume.

Performance (Open-Channel Flow): The design of the cellular concrete mats shall be in accordance with the Factor-of-Safety design methodology as described in "Erosion and Sedimentation" by Pierre Julien, Cambridge University Press, 1995. The minimum designed safety factor shall be 1.5 by utilizing the following equation. SF = ((J2 / J1) aq) / ((1 - aq

2)0.5 cos b + h (J2 / J1) + (J3 Fd’ cos d + J4 Fl

’) / J1Ws) = 1.5 The analysis shall be performed based upon the stability of the mat due to gravity forces alone, neglecting conservative forces added by cabling, mechanical anchorage, contact with adjacent blocks, or other restraints not attributable to gravity based forces. The analysis must account for a 0.5-inch block projection.

In order to analyze the performance of the unit, the hydraulic information listed below is required:

TABLE 1. ACB HYDRAULIC INFORMATION

Velocity (ft/sec) 15

Shear Stress (lb/ft2) 5.33

Friction or Bed Slope (ft/ft) 0.009 Side Slope (_H:1V) 2.5

Allowable Unit Protrusion (in) 0.5 for Uniform Units & 0.0 for 0.5 inch Tapered Units



2.2 Cellular Concrete Blocks 1. Scope

1.1 This specification covers erosion control mats used in revetments for soil stabilization.

Note 1 - Concrete units covered by this specification are made from lightweight or normal weight aggregates, or both.

Note 2 - The values stated in U.S. customary units are to be regarded as the

standard. 2. Materials 2.1 Cementitious Materials - Materials shall conform to the following applicable

ASTM specifications:

2.1.1 Portland Cements - Specification C 150, for Portland Cement.

2.1.2 Blended Cements - Specification C 595, for Blended Hydraulic Cements.

2.1.3 Hydrated Lime Types - Specification C 207, for Hydrated Lime Types.

2.1.4 Pozzolans - Specification C 618, for Fly Ash and Raw or Calcined Natural Pozzolans for use in Portland Cement Concrete.

2.2 Aggregates shall conform to the following ASTM specifications, except that

grading requirements shall not necessarily apply:

2.2.1 Normal Weight - Specification C 33, for Concrete Aggregates. 3. Casting

3.1 The concrete units shall be produced by a dry cast method. The dry cast units obtain strength in a shorter duration as well as an increase in the durability and overall quality of product.

4. Physical Requirements

4.1 At the time of delivery to the work site, the units shall conform to the physical requirements prescribed in Table 2 listed below.

TABLE 2. PHYSICAL REQUIREMENTS

Compressive Strength Net Area Min. p.s.i (mPa)

Water Absorption Max. lb/ft

3 (kg/m

3)



Avg. of 3 units Individual Unit Avg. of 3 units Individual Unit

4,000 (27.6) 3,500 (24.1) 10 (160) 12 (192) 4.2 When applicable, the manufacturer shall meet all requirements pertaining to a concrete unit’s durability pertaining to a freeze-thaw environment.

4.3 Units shall be sampled and tested in accordance with ASTM D 6684-04, Standard Specification for Materials and Manufacture of Articulating Concrete Block (ACB) Revetment Systems.

5. Visual Inspection 5.1 All units shall be sound and free of defects that would interfere with either

the proper placement of the unit or impair the performance of the system. Surface cracks incidental to the usual methods of manufacture, or surface chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection.

5.2 Cracks exceeding 0.25 inches (.635 cm) in width and/or 1.0 inch (2.54 cm)

in depth shall be deemed grounds for rejection. 5.3 Chipping resulting in a weight loss exceeding 10% of the average weight

of a concrete unit shall be deemed grounds for rejection. 5.4 Blocks rejected prior to delivery from the point of manufacture shall be

replaced at the manufacturer's expense. Blocks rejected at the job site shall be repaired with structural grout or replaced at the expense of the contractor.

6. Sampling and Testing 6.1 The purchaser or their authorized representative shall be accorded proper

access to facilities to inspect and sample the units at the place of manufacture from lots ready for delivery.

6.2 Field installation procedures shall comply with the procedures utilized

during the hydraulic testing procedures of the recommended system. All system restraints and ancillary components (such as synthetic drainage mediums) shall be employed as they were during testing. For example, if the hydraulic testing installations utilize a drainage layer then the field installation must utilize a drainage layer; an installation without the drainage layer would not be permitted.

6.3 The theoretical force-balance equation used for performance extrapolation

tends for conservative performance values of thicker concrete units based on actual hydraulic testing of thinner units. When establishing performance values of thinner units based on actual hydraulic testing of thicker units, there is a tendency to overestimate the hydraulic performance values of the thinner units. Therefore, all performance extrapolation must be based on actual hydraulic testing of a thinner unit then relating the values to the thicker units in the same “family” of blocks.



6.4 Additional testing, other than that provided by the manufacturer, shall be borne by the purchaser.

Manufacturer

Cellular concrete blocks shall be ARMORFLEX® (or equal). A potential

manufacturer and provider: CONTECH Construction Products, Inc. Phone: 573-380-3994



The cellular concrete blocks shall have the following nominal characteristics:

TABLE 2. STANDARD SIZE OF BLOCK

CLAS

S

TYPE BLOCK WEIGHT BLOCK SIZE

OPEN AREA

%

Lbs (kg)

Lbs./Sq.ft. (kg/m2)

Length inches (cm)

Width inche

s (cm)

Height

inches

(cm)

70 Open 120-138 (55-63)

68-78 (587-675)

17.4 (44 2)

15.5 (39 4)

9.0 (22 9)

20

2.3 Revetment Cable and Fittings Galvanized Steel Revetment Cable and Fittings. Revetment cable shall be constructed of preformed galvanized aircraft cable. The

cables shall be made from individual wires and strands that have been formed during the manufacture into the shape they have in finished cable.

Cable shall consist of a core construction comprised of seven (7) wires wrapped

within seven (7) or nineteen (19) wire strands. The revetment cable shall have the following physical properties:

The revetment cable shall exhibit resistance to mild concentrations of acids, alkalis,

and solvents. Fittings such as sleeves and stops shall be aluminum, and the washers shall be galvanized steel. Furthermore, depending on material availability, the cable type (7x7 or 7x19) can be interchanged while always ensuring the required factor of safety for the cable.

Selection of cable and fittings shall be made in a manner that insures a safe design

factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins

Galvanized Cable

Nominal Cable Dia. Type

Approx. Ave. Strength Weight per Length

(in.) (Lbs) (kN) (Lbs)/100ft (kg/m) 1/8 7x7 1,700 7.5 2.8 0.04 3/16 7x7 3,700 16.4 6.2 0.09 1/4 7x7 6,100 27.1 10.6 0.16 5/16 7x19 9,800 43.6 17.3 0.26 3/8 7x19 14,400 64.1 24.3 0.36



during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 75% of the minimum rated cable strength.

2.4 Anchors Where permanent anchoring is required, e.g. hanging mats on steep slopes without toe

construction, the cables (polyester or steel) shall be attached to the anchoring system as indicated on the Contract Drawings.

2.5 Filter Fabric

The geotextile filter shall meet the minimum physical requirements listed in Table No. 3 of these Specifications. Consultation with the manufacturer is recommended. The geotextile must be permitted to function properly by allowing relief of hydrostatic pressure; therefore fine soil particles shall not be allowed to clog the filter fabric.

The geotextile fiber shall consist of a long-chain synthetic polymer composed of at

least 85 percent by weight of propylene, ethylene, ester, or amide, and shall contain stabilizers and/or inhibitors added to the base plastic, if necessary, to make the filaments resistant to deterioration due to ultraviolet and heat exposure. The edges of the geotextile shall be finished to prevent the outer fiber from pulling away from the geotextile.

The Contractor shall furnish the Engineer, in duplicate, manufacturer's certified test

results showing actual test values obtained when the physical properties are tested for compliance with the specifications.

During all periods of shipment and storage, the filter fabric shall be protected from

direct sunlight, ultraviolet rays and temperatures greater than 140 degrees Fahrenheit. To the extent possible, the fabric shall be maintained wrapped in its protective covering. The geotextile shall not be exposed to sunlight, ultraviolet rays until the installation process begins.

TABLE 3. PHYSICAL REQUIREMENTS

Physical Property Test Procedure Minimum Value

Grab Tensile Strength (Unaged Geotextile) ASTM D4632 200 Lbs.

(in any principal direction)

Breaking Elongation (Unaged Geotextile) ASTM D4632 50% max.

(in any principal direction)

Burst Strength ASTM D3786 400 p.s.i

Puncture Strength ASTM D4833 115 lbs.



A.O.S., U.S. Std. Sieve ASTM D4751 see Design Manual

% Open Area CWO-22125-86 See Design Manual

Permittivity ASTM D4491 See Design Manual

Final acceptance of the filtration geotextile by the Engineer shall be dependent upon the geotextile performance when tested in accordance with ASTM D5105, Standard Test Method for Measuring the Soil-Geotextile System Clogging by the Gradient Ratio test or the Hydraulic Conductivity Ratio test. Soil characteristics such as grain size distribution and plasticity shall be determined for every 200,000 square feet of geotextile installed or for each source of borrow material used during construction. Significant differences in soil characteristics shall require further performance testing by either the Gradient Ratio or the Hydraulic Conductivity Ratio tests at the discretion of the Engineer. The locations for which the material to be tested is extracted shall be approved by the Engineer. The Contractor shall provide the site-specific soil and modified proctor curves for the site-soil, at his own expense, to the manufacturer. Also, the contractor shall be responsible for the performance of the test by a certified independent laboratory experienced in performing such test. The test shall be performed under the actual field soil conditions or as otherwise required by the Engineer.

At the time of installation, the filter fabric shall be rejected if it has been removed

from its protective cover for over 72 hours or has defects, tears, punctures, flow deterioration, or damage incurred during manufacture, transportation or storage. With the acceptance of the Engineer, placing a filter fabric patch over the damaged area prior to placing the mats shall repair a torn or punctured section of fabric. The patch shall be large enough to overlap a minimum of three (3) feet in all directions.

In the event pre-assembled panels of fabric are required, the panels of filter fabric

shall be sewn together at the manufacturer or another approved location. 2.6 Size of Cellular Concrete Mats General. The cellular concrete blocks, cables and fittings shall be fabricated at the

manufacturer or another approved location into mats with a width of up to eight (8) feet and a length up to forty (40) feet, which is approved by the Engineer.

Mat Length: The cellular concrete mats shall have the ability for fabrication in

various lengths, widths, and in combinations of length and/or widths. Special mats are a combination of two opposing dimensions either in the longitudinal or transverse direction of the mats. The special mats are available in various dimensions that allow for a custom fit to a site-specific project.

PART 3 FOUNDATION PREPARATION, GEOTEXTILE AND MAT PLACEMENT 3.1 Foundation Preparation



A. General

Areas on which filter fabric and cellular concrete blocks are to be placed shall be constructed to the lines and grades shown on the Contract Drawings and to the tolerances specified in the Contract Documents, and approved by the Engineer.

B. Grading

The slope shall be graded to a smooth plane surface to ensure that intimate contact is achieved between the slope face and the geotextile (filter fabric), and between the geotextile and the entire bottom surface of the cellular concrete blocks. All slope deformities, roots, grade stakes, and stones which project normal to the local slope face must be re-graded or removed. No holes, "pockmarks", slope board teeth marks, footprints, or other voids greater than 1.0 inch in depth normal to the local slope face shall be permitted. No grooves or depressions greater than 0.5 inches in depth normal to the local slope face with a dimension exceeding 1.0 foot in any direction shall be permitted. Where such areas are evident, they shall be brought to grade by placing compacted homogeneous material. The slope and slope face shall be uniformly compacted, and the depth of layers, homogeneity of soil, and amount of compaction shall be as required by the Engineer.

Excavation and preparation for anchor trenches, flanking trenches, and toe

trenches or aprons shall be done in accordance to the lines, grades and dimensions shown in the Contract Drawings. The anchor trench hinge-point at the top of the slope shall be uniformly graded so that no dips or bumps greater than 0.5 inches over or under the local grade occur. The width of the anchor trench hinge-point shall also be graded uniformly to assure intimate contact between all cellular concrete blocks and the underlying grade at the hinge-point.

C. Inspection Immediately prior to placing the filter fabric and cellular concrete blocks, the

prepared subgrade shall be inspected by the Engineer as well as the owner's representative. No fabric or blocks shall be placed thereon until that area has been approved by each of these parties.

3.2 Placement of Geotextile Filter Fabric A. General Filter Fabric, or filtration geotextile, as specified elsewhere, shall be placed within

the limits shown on the Contract Drawings. B. Placement The filtration geotextile shall be placed directly on the prepared area, in intimate

contact with the subgrade, and free of folds or wrinkles. The geotextile shall not be walked on or disturbed when the result is a loss of intimate contact between the cellular concrete block and the geotextile or between the geotextile and the subgrade. The geotextile filter fabric shall be placed so that the upstream strip of



fabric overlaps the downstream strip. The longitudinal and transverse joints shall be overlapped at least two (3) feet. The geotextile shall extend at least one foot beyond the top and bottom revetment termination points. If cellular concrete blocks are assembled and placed as large mattresses, the top lap edge of the geotextile should not occur in the same location as a space between cellular concrete mats unless the space is concrete filled.

3.3 Placement of Cellular Concrete Blocks/Mats A. General Cellular concrete block/mats, as specified in Part 2:A of these Specifications, shall

be constructed within the specified lines and grades shown on the Contract Drawings.

B. Placement The cellular concrete blocks shall be placed on the filter fabric in such a manner as

to produce a smooth plane surface in intimate contact with the filter fabric. No individual block within the plane of placed cellular concrete blocks shall protrude more than one-half inch or as otherwise specified by the Engineer. To ensure that the cellular concrete blocks are flush and develop intimate contact with the subgrade, the blocks shall be "seated" with a roller or other means as approved by the Engineer.

If assembled and placed as large mattresses, the cellular concrete mats shall be

attached to a spreader bar or other approved device to aid in the lifting and placing of the mats in their proper position by the use of a crane or other approved equipment. The equipment used should have adequate capacity to place the mats without bumping, dragging, tearing or otherwise damaging the underlying fabric. The mats shall be placed side-by-side and/or end-to-end, so that the mats abut each other. Mat seams or openings between mats greater than two (2) inches shall be filled with 4000 p.s.i. non-shrink grout. Whether placed by hand or in large mattresses, distinct changes in grade that results in a discontinuous revetment surface in the direction of flow shall require a grout seam at the grade change location so as to produce a continuous surface.

Anchor trenches and side trenches shall be backfilled and compacted flush with

the top of the blocks. The integrity of the trench backfill must be maintained so as to ensure a surface that is flush with the top surface of the cellular concrete blocks for its entire service life. Toe trenches shall be backfilled as shown on the Contract Drawings. Backfilling and compaction of trenches shall be completed in a timely fashion. No more than 500 linear feet of placed cellular concrete blocks with non-completed anchor and/or toe trenches shall be permitted at any time.

C. Finishing The cells or openings in the cellular concrete blocks shall be backfilled and

compacted immediately with suitable material to assure there are no voids and so that material extends from the filter fabric to one-inch above the surface of the



cellular concrete block. Backfilling and compaction shall be completed in a timely manner so that no more than 500 feet of exposed mats exist at any time.

D. Consultation The manufacturer of the cellular concrete blocks/mats shall provide design and

construction advice during the design and initial installation phases of the project when required.

END OF SECTION

Section 35 43 00 Turf Reinforcement Mat


PART 1 GENERAL

1.1 SUMMARY

The work for this section shall consist of furnishing all materials, equipment, and labor necessary for the installation of Turf Reinforcement Mat System as a non-structural erosion control and/or slope protection solution.

1.2 REFERENCES

A. American Society for Testing and Materials (ASTM): 1. A 153 - Standard Specification for Zinc Coating (Hot-Dip) on Iron

and Steel Hardware 2. A 603-98e1 – Standard Specification for Zinc-Coated Steel Structural

Wire Rope 3. A 1023 – Standard Specification for Stranded Carbon Steel Wire Ropes

for General Purposes 4. B 85 – Standard Specification for Aluminum-Alloy Die Castings 5. B 240-10 – Standard Specification for Zinc and Zinc-Aluminum (ZA)

Alloys in Ingot Form for Foundry and Die Castings 6. D 570 - Standard Test Methods for Water Absorption of Plastics. 7. D 6475 - Standard test Method for Measuring Mass Per Unit Area or

Erosion Control Blankets. 8. D 6524 – Standard Test Method for Stiffness of Geosynthetics Used as

Turf Reinforcement Mats. 9. D 6525 - Standard Test Method for Measuring Nominal Thickness of

Permanent Erosion Control Products. 10. D 6575 – Test Method for Stiffness of Geosynthetics Used as Turf

Reinforcements Mats (TRM’s) 11. D 4354 - Practice for Sampling of Geosynthetics for Testing. 12. D 4355 - Test Method for Deterioration of Geotextiles from Exposure to

Ultraviolet Light and Water (Xenon-Arc Type Apparatus). 13. D 4439 - Terminology for Geotextiles. 14. D 6818 - Test Method for Ultimate Tensile Properties of Turf

Reinforcement Mats. 15. D 4632 - Test Method for Grab Breaking Load and Elongation of

Geotextiles. 16. D 4759 - Practice for Determining the Specification Conformance of

Geosynthetics. 17. D 4873 - Guide for Identification, Storage, and Handling of Geotextiles. 18. D 6566 - Test Method for Measuring Mass Per Unit Area of Turf

Reinforcement Mats. B. Geosynthetic Accreditation Institute - Laboratory Accreditation Program (GAI-

LAP). C. International Standards Organization (ISO) 9001:2000 - Quality System

Certification.

1.3 DEFINITIONS

A. Anchor Reinforced Vegetation System (ARVS): A soil protection system combining a High Performance Turf Reinforcement Mat (HPTRM,), Securing

35 43 00 - 2 Turf Reinforced Mat


Pins, and Earth Percussion Anchors. The system protects soil surfaces from two failure mechanisms: surface erosion (non-structural applications) and shallow plane instability (structural applications).

B. Earth Percussion Anchor: A device designed to permanently stabilize soil via a metal cleat, flexible or rigid tendon, and load bearing plate. The anchor is driven through the HPTRM to the specified depth, and then tensioned appropriately to load-lock for desired pull-out resistance.

C. Certificate of Analysis (COA): An official document certified by an authorized representative within the manufacturer’s company that the manufactured synthetic turf reinforcement mat product(s) comply with the testing procedures and requisite results expressly stated within the Manufacturing Quality Control (MQC) program

D. Certificate of Conformance (COC): An official document certified by an authorized representative within the manufacturer’s company that the manufactured synthetic turf reinforcement mat product(s) meet designated property values as manufactured in a facility having achieved ISO 9001:2000 certification, and tested in accordance with GAI-LAP procedures.

E. High Performance Turf Reinforcement Mat (HPTRM): A long-term, non-degradable RECP composed of UV-stabilized, non-degradable, synthetic fibers, nettings and/or filaments processed into three-dimensional reinforcement matrices designed for permanent and critical hydraulic applications where design discharges exert velocities and shear stresses that exceed the limits of mature natural vegetation. HPTRMs provide sufficient thickness, strength and void space to permit soil filling and/or retention and the development of vegetation within the matrix. The HPTRM MARV tensile strength per ASTM D-6818 is 3000 lbs/ft in the weakest principle direction.

F. Manufacturer: Entity that produces synthetic turf reinforcement mats through a process directly utilizing obtained raw materials, in a facility owned and operated by said entity, using equipment and assemblies owned and operated by said entity, subject to a certified Manufacturing Quality Control (MQC) Program. Upon completion of production, the manufacturer may sell the turf reinforcement mat product(s) directly to the customer, or through a vendor entity.

G. Manufacturing Quality Control (MQC) Program: A certified and documented program initiated and operated by the manufacturer that outlines the operational techniques and activities which sustain a quality of the synthetic turf reinforcement mat product(s) that will satisfy given needs.

H. Minimum Average Roll Value (MARV): Property value calculated as typical minus two standard deviations. Statistically, it yields a 97.7 percent degree of confidence that any sample taken during quality assurance testing will exceed value reported.

I. Rolled Erosion Control Product (RECP): A temporary degradable or long-term non-degradable material manufactured or fabricated into rolls designed to reduce soil erosion and assist in the growth, establishment and protection of vegetation.

J. Securing Pin: A device designed to temporarily hold the HPTRM in place while either vegetation establishes, or the installation of the HPTRM occurs. The securing pin offers no long term value to permanent tie-down of the HPTRM in an ARVS.

K. Trilobal Monofilament Yarn: A multi-dimensional polymer fiber consisting of a minimum of three points, providing increased surface area and grooves/channels along the fiber to capture additional moisture and sediment to enhance vegetative growth.



L. Typical Roll Value: Property value calculated from average or mean obtained from test data.

M. Vendor: An entity that provides synthetic turf reinforcement mat product(s) to a customer, on behalf of an independent manufacturer. A vendor does not manufacture the actual synthetic turf reinforcement mat product(s), and therefore is not subject to provisions of a certified MQC Program.

1.4 SUBMITTALS A. Submit :

1. Certification: a) The Contractor shall provide the Engineer a certificate of

conformance stating the name of the HPTRM manufacturer, product name, style, chemical compositions of filaments or yarns and other pertinent information to fully describe the RECP.

b) The Manufacturer is responsible for establishing and maintaining a Quality Control Program to assure compliance with the requirements of the specification. Documentation describing the quality control program shall be made available prior to the approval of the ARVS System for use on the project..

c) The manufacturer’s certificate of analysis shall state that the furnished RECP meets MARV requirements of the specification as evaluated under the manufacturer’s quality control program. The certificate shall be attested to by a person having legal authority to bind the Manufacturer.

d) The Contractor shall establish and maintain a quality control procedure to assure compliance of the ARVS with the requirements of the specification. Documentation describing the quality control procedure shall be provided to the Engineer.

2. Manufacturing Quality Control (MQC) test results shall be provided by the manufacturer for the HPTRM component of the ARVS prior to installation during the duration of the project as material is delivered to the jobsite.

3. Independent Performance Test Results shall be provided upon request.

1.5 DELIVERY, STORAGE, AND HANDLING A. RECP labeling, shipment and storage shall follow ASTM D 4873.

B. Product labels shall clearly show the manufacturer or supplier name, style name,

and roll number.

C. Each shipping document shall include a notation certifying that the material is in accordance with the manufacturer’s certificate.

D. Each RECP roll shall be wrapped with a material that will protect the geotextile from damage due to shipment, water, sunlight, and contaminants. (This will be waived for HPTRMs having a 90% retention of strength after 6000 hours of exposure per ASTM D-4355.)

E. The protective wrapping shall be maintained during periods of shipment and storage.



F. During storage, RECP rolls shall be elevated off the ground and adequately

covered to protect them from the following: Site construction damage, extended exposure to ultraviolet (UV) radiation, precipitation, chemicals that are strong acids or strong bases, flames, sparks, temperatures in excess of 71 deg C (160 deg F)m and any other environmental condition that might damage the RECP.

1.6 QUALITY ASSURANCE SAMPLING, TESTING, AND

ACCEPTANCE A. RECP shall be subject to sampling and testing to verify conformance with this

specification. Sampling for testing shall be in accordance with ASTM D 4354.

B. Acceptance shall be in accordance with ASTM D 4759 based on testing of either conformance samples obtained using Procedure A of ASTM D 4354, or based on manufacturer’s certifications and testing of quality control samples obtained using Procedure B of ASTM D 4354.

C. Quality Assurance Sampling and Testing will be waived for ISO 9001:2000 Certified Manufacturing Facilities. Documentation of ISO 9001:2000 Certification shall be provided upon request.

PART 2 PRODUCTS 2.1 MANUFACTURERS

All components of the ARVS shall be furnished by a single manufacturer as a complete system. A. Substitutions: For consideration, alternate systems meeting the material

specification must also have a documented history of ARVS installations totaling more than 350,000 square yards and have been in the marketplace for more than three (3) years. Past project documentation will be required for submittal for evaluation to include project name, date of installation, owner’s contact information and size of the project.

2.2 MATERIALS

A. HPTRM:

1. Three-dimensional, lofty woven polypropylene RECP specially designed for erosion control applications on levees, steep slopes, and vegetated waterways.

2. Matrix composed of Trilobal monofilament yarns woven into uniform configuration of resilient pyramid-like projections.



3. Must be a homogeneous matrix, and not comprised of layers, composites, or discontinuous materials, or otherwise loosely held together by stitched or glued netting.

4. The woven matrix of Trilobal yarns must be heat-set to improve interlock and minimize yarn displacement around anchors and pins, resulting in greater flexibility for improved conformance to uneven surfaces.

5. The HPTRM is to exhibit very high interlock and reinforcement capacity with both soil and root systems and demonstrate high tensile modulus.

The HPTRM shall meet the following values (minimum, range, or maximum): Property Test Method Test Parameter Units Property

Requirement Thickness ASTM D-6525 Range mm

(in) 10.2*

(0.4-0.5)* Resiliency ASTM D-6524 Minimum percent 80

Mass Per Unit Area

ASTM D-6566 Range G/sq m (oz/sy)

457.7* (12.5-15.0)*

Tensile Strength

ASTM D-6818 Minimum kN/m (lbs/ft)

58.4 x 43.8* (4,000 x 3,000)*

Tensile Elongation

ASTM D-6818 Maximum percent 65

Light Penetration (% Passing)

ASTM D-6567 Range percent 10-20 *

UV Resistance ASTM D-4355 Minimum percent 90 at 6000 hrs 85 at 10000 hrs

*Subnote: Values must be MARV. 6. Performance Properties: In a vegetated state, the HPTRM must

demonstrate acceptable performance (as defined by the Engineer) when subjected to at least 0.5 hrs of continuous flow producing the following conditions.

a) Permissible velocity: 7.6 m/sec (25 ft/sec) b) Permissible tractive force (shear stress): 0.766 kPa (16 psf) c) Performance may be demonstrated by:

1) Flume testing at an independent facility under conditions

similar to this project provided that the manufacturer can demonstrate that the material tested is functionally equivalent to the material being supplied. This may be demonstrated by providing index property test results (listed in 2.2.A.4) from a GAI-LAP accredited laboratory for both the tested and supplied materials.

2) A documented case history of successful performance (as defined by the Engineer) at an installation similar to this



project where (documented) hydraulic forces met or exceeded the requirements listed above provided that the manufacturer can demonstrate that the case history material is functionally equivalent to the material being supplied. This may be demonstrated by providing index property test results (listed in 2.2.A.4) from a GAI-LAP accredited laboratory for both the case history and supplied materials.

7. Manufacturing Quality Control: Testing shall be performed at a laboratory accredited by GAI-LAP for tests required for the HPTRM, at frequency exceeding ASTM D-4354, with following minimum acceptable testing frequency:

Property Test Frequency sq m (sq yd)

Mass Per Unit Area 1/20,000 (1/24,000)

Tensile Strength 1/20,000 (1/24,000)

Tensile Elongation 1/20,000 (1/24,000)

Light Penetration (% Passing)

1/20,000 (1/24,000)

Resiliency 1/100,000 (1/120,000)

UV Resistance Annually

2.3 ANCHORING DEVICES

A. Securing Pins:

1. Securing pins should be at least 5mm (0.20 in.) diameter steel with a 38mm (1.5 in.) steel washer at the head of the pin. Securing pins should be driven flush to the soil surface.

2. Length: 600 mm (24 inches); sufficient ground penetration to resist pullout. Placement: The pins provide for temporary tie-down of the HPTRM to the slope to aid with vegetation establishment. Locations of the pins along the top anchor trench are indicated in the drawings at the center of the 1’ x 1’ trench spaced one (1) foot apart. Locations of the pins along the vertical overlaps are spaced one (1) foot apart except for where an earth percussion anchor is located. Pin pattern throughout slope face is per manufacturer’s recommendation.

3. Heavier metal stakes may be required in rocky soils



4. Depending on soil pH and design life of the pin, galvanized or stainless steel pins may be required.

B. Earth Percussion Anchors:

Earth percussion anchors with a minimum drive depth of 36 inches are used to provide for permanent tie down of the HPTRM in locations specified in the drawings. The earth percussion anchor components shall be made of materials suitable to resist corrosion and UV degradation particularly at the soil/air interface, and strategically selected to achieve an expected design life of 50 years. The anchor head shall have smooth edges and shaped in a bullet like configuration with the driving end tapering to a rounded point, minimizing abrasion and installation damage to the HPTRM. The top load bearing plate shall have openings allowing vegetative growth through the plate and protrude only about 0.2 inches above the surface of the mat after installation. The plate shall also include a recessed cavity so that the cable can be cut below the plate surface. For quality control purposes and warranty claims, earth percussion anchor should be delivered to the jobsite fully assembled and ready for installation, and meet the following requirements:

1. Materials

Component Standard(s) Material Composition Physical Properties

Anchor Head (Bullet Nose)

ASTM B-85 Aluminum A383 Alloy (Heat Treated / Gravity

Die Cast)

Width: 25mm (1.0in.) Length: 86mm (3.4in.) Bearing Area:16cm2

(1.5in2) Weight: 45grams (0.1 lb.).

Cable Tendon ASTM A-1023 Zinc-Aluminum Coated Carbon Steel (Type 316)

Diameter: 3mm (0.12 in.) 1X19 Strand Construction

Load Bearing Plate

ASTM B-240-10

Die Cast Zinc with an Eight (8) Opening Array; Utilizing a Ceramic Roller

& Directional Locking Device

Diameter: 108mm (4.25 in.)

Thickness: 2.5mm (0.1in.)

Tendon Sleeves MS51844 Aluminum Length: 15.875mm (5/8”) in

Wall Thickness: 4.8mm (3/16”)

2. Performance

Performance Property Value

Cable Tendon Working Load Strength

3.56 kN (0.8 Kips)

Cable Tendon Ultimate Yield Strength

4.89 kN (1.1 Kips)



Composite Anchor Load Strength*

2.22 kN (0.5 Kips)

Minimum Anchor Drive Depth

0.91m (3.0ft.)

Maximum Anchor Drive Depth

1.52m (5.0 ft.)

* Anchor performance is a function of insitu soil strength and therefore the

load range in this specification should be regarded as a guide only. Site specific soil conditions shall be evaluated by a licensed geotechnical engineer to determine the anchor type, depth, and pattern to resist slope instability. Pre construction pull tests may be recommended.

PART 3 EXECUTION

3.1 PREPARATION

A. Grade and compact areas to be treated with ARVS (compacted as indicated or as directed by Engineer). Subgrade shall be uniform and smooth.

B. Remove large rocks, soil clods, vegetation, and other sharp objects so that the installed mat will have direct contact with the soil surface.

C. Prepare seedbed by loosening 50 to 75 mm (2 to 3 in) of soil above final grade. This may be accomplished with a rotary tiller on slopes 3H:1V or flatter.

D. Select and apply soil amendments, fertilizer, and seed (if applicable), (in an amount equivalent to 50% of the total mixture required to be installed on the soil surface) in accordance with SEEDING AND SODDING, to scarified surface prior to installation of ARVS. Do not mulch areas where mat is to be placed.

E. Keep areas moist as necessary to establish vegetation. When watering seeded areas, use fine spray to prevent erosion of seeds or soil. If as a result of rain, prepared seedbed becomes crusted or eroded, or if eroded places, ruts, or depressions exist for any reason, rework soil until smooth and reseed such areas.

F. Excavate an initial anchor trench 150mm (6 in.) wide by 300mm (12 in.) deep, a minimum of 900mm (3 ft.) over the crest of the initial slope. Excavate a terminal anchor trench 150mm (6 in.) wide by 300mm (12 in.) deep, a minimum of 900mm (3 ft.) over the crest of the opposing slope.

3.2 INSTALLATION

A. Install RECP at elevation and alignment indicated.

B. Beginning at downstream end of the channel, on the initial side slope, place initial end of first roll of RECP in initial anchor trench and secure with earth percussion anchors on 1.2m (4 ft.) intervals along the trench. Position adjacent rolls and



secure in trench in same manner. Backfill and compact with specified soil, or as directed by the engineer.

C. Unroll the mat down the slope.

D. Secure longitudinal edge of RECP with pinning devices on 300mm (12in.) intervals, and with earth percussion anchors in accordance with the pattern / frequency specified by the manufacturer. Increased anchoring frequency may be required if site conditions are such that the Engineer determines it necessary.

E. When required, Engineer is to create project details for transition to structures along the longitudinal edge, or to address water flowing perpendicular to the RECP seams.

F. Continue unrolling the mat down the opposing side slope.

G. Place the terminal end of the first roll of RECP in the terminal anchor trench and secure with ground anchor devices at 300 mm (12 in) intervals along the trench. Backfill and compact with specified soil, or as directed by the engineer.

H. Continue installation as described above, overlapping adjacent rolls 3 in (75 mm) minimum with upslope mat on top. Secure with one row of ground pinning devices on 12 in (300 mm) centers and with one row of earth percussion anchors per the designed anchor pattern / frequency specified by the manufacturer.

I. Alternate installation methods must be approved by Engineer prior to execution.

J. Soil fill and sod/seed the ARVS: 1. Installed ARVS shall be seeded (or re-seeded) and soil filled, OR sodded

as required by the project documents. 2. Rubber-tired vehicles must be used, and sharp turns avoided. No heavy

and/or tracked equipment or sharp turns are permitted on the installed HPTRM. Avoid ANY traffic over the HPTRM if loose or wet soil conditions exist.

3. Do not place excessive soil above material. 4. Broadcast additional seed or mulch (if applicable) above soil-filled mat

and irrigate as necessary to establish/maintain vegetation

END OF SECTION

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