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Sutphin Road Interceptor Upgrade Halifax County Service Authority October, 2017 SUBMITTED BY: Dewberry 551 Piney Forest Road Danville, VA 24540 SUBMITTED TO: Halifax County Service Authority

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Page 1: Sutphin Road Interceptor Upgrade - HCSA Website · Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained

Sutphin Road Interceptor Upgrade Halifax County Service Authority October, 2017

SUBMITTED BY:

Dewberry 551 Piney Forest Road Danville, VA 24540

SUBMITTED TO:

Halifax County Service Authority

Page 2: Sutphin Road Interceptor Upgrade - HCSA Website · Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained

SUTPHIN INTERCEPTOR UPGRADE – HCSA TOC-1

TABLE OF CONTENTS BIDDING AND CONTRACT DOCUMENTS PAGE Advertisement for Bids AFB-1-1 Instructions to Bidders ITB-1-11 Bid Form BF-1-8 Bid Bond BB-1-2 Notice of Award NOA-1-1 General Conditions GC-1-70 Supplementary Conditions SC-1-17 Agreement AG-1-6 Performance Bond PFB-1-3 Payment Bond PB-1-3 Notice to Proceed NTP-1-1 Application for Payment AFP-1-4 Change Order CO-1-1 Certificate of Substantial Completion CSC-1-1 Compliance Statement CS-1-2 Certification Regarding Debarment (AD-1048) DBR-1-2 Certification for Contracts, Grants and Loans (1940-Q) CC-1-1 Virginia RUS Bulletin 1780 – Project Sign RUS-1-1 Division 0 – Background Information Section 003132 – Geotechnical Data 003132-1-32 Division 1 - General Requirements Section 011000 – Summary 011000-1-7 Section 012200 – Unit Prices 012200-1-6 Section 012500 – Substitution Procedures 012500-1-3 Section 012600 – Contract Modification Procedures 012600-1-2 Section 012900 – Payment Procedures 012900-1-5 Section 013100 – Project Management and Coordination 013100-1-6 Section 013200 – Construction Progress Documentation 013200-1-5 Section 013300 – Submittal Procedures 013300-1-8 Section 014000 – Quality Requirements 014000-1-7 Section 014200 – References 014200-1-8 Section 015000 – Temporary Facilities and Controls 015000-1-5 Section 016000 – Product Requirements 016000-1-4 Section 017300 – Execution 017300-1-8 Section 017700 – Closeout Procedures 017700-1-4 Section 017839 – Project Record Documents 017839-1-3

Page 3: Sutphin Road Interceptor Upgrade - HCSA Website · Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained

SUTPHIN INTERCEPTOR UPGRADE – HCSA TOC-2

Division 2 – Existing Conditions Section 024119 – Selective Demolition 024119-1-6 Division 3 – Concrete Section 033000 – Cast-In-Place Concrete 033000-1-22 Division 31 – Earthwork Section 311000 – Site Clearing 311000-1-5 Section 311500 – Erosion and Sedimentation Control 311500-1-4 Section 312000 – Earth Moving 312000-1-12 Section 312319 – Dewatering 312319-1-4 Section 315000 – Excavation Support and Protection 315000-1-4 Division 32 – Exterior Improvements Section 329200 – Turf and Grasses 329200-1-8 Division 33 – Utilities Section 333200 – Separation of Waterlines and Sanitary (or combine sewers) 333200-1-2

& Storm Sewer Section 333300 – Facility Sanitary Sewers 333300-1-12 Section 333325 – Bypass Pumping Systems 333325-1-4 END OF TABLE OF CONTENTS

Page 4: Sutphin Road Interceptor Upgrade - HCSA Website · Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1

Halifax County Service Authority South Boston, VA

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of two projects, the Cowford Road WWTP; Pump Station Conversion and Force Main and the Sutphin Road Interceptor Upgrade, will be received by the Halifax County Service Authority (HCSA), 2529 Houghton Avenue, South Boston, VA 24592. Bids will be due on November 30, 2017: Cowford will be due at 10:00 AM, and Sutphin at 2:00 PM local time, at which time the Bids received will be publicly opened and read. The principle work to be performed under these contracts consist of, but is not limited to the following: Cowford Road WWTP; Pump Station Conversion and Force Main 19,034 LF of force main and related air release valves 666 LF of gravity sewer and related manholes Conventional bore of Norfolk Southern Railroad 4 conventional bores of VDOT roads 7 creek/stream crossings Decommissioning of Cowford WWTP and conversion to a pump station

The Issuing Office for the Cowford Bidding Documents is: Wiley|Wilson, 127 Nationwide Drive, Lynchburg, VA 24502, Jennifer Cox, 434.455.3252, [email protected] Sutphin Road Interceptor 13,000 LF gravity sewer and related manholes Abandonment of existing sewer and manholes 10 tributary stream crossings, 3 Poplar Creek crossings Railroad encroachment and Norfolk Southern coordination

The Issuing Office for the Sutphin Bidding Documents is: Dewberry, 551 Piney Forest Road, Danville, VA 24540, Leslie Barksdale, 434.549.8504, [email protected]

Prospective Bidders may examine the Bidding Documents at the Issuing Offices on Mondays through Fridays between the hours of 8:00 am – 5:00 pm. Bidding Documents will be available electronically on the HCSA website, and may also be examined at the following locations: Halifax County Service Authority Valley Construction News Builders Exchange of Richmond 2529 Houghton Ave 356 Campbell Avenue SW 3207 Hermitage Road South Boston, VA 24592 Roanoke, VA 24016 Richmond, VA 23227 Printed copies of the Bidding Documents may be obtained from the Issuing Offices, during the hours indicated above, upon payment of a deposit of $150.00 for each set. Bidders returning P/S within 15 days of bid date in good condition will receive 100% deposit on first set and 50% deposit on remaining sets. Non-bidders, Suppliers, & Subcontractors will receive 50% on all sets returned within 15 days of bid date in good condition. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

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EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 2

Pre-bid conferences will be held on November 16, 2017 at the Halifax County Service Authority (HCSA) Office: 2529 Houghton Avenue, South Boston, VA. Attendance at the pre-bid conference is encouraged but not mandatory:

• 10:00 AM – Cowford Road WWTP; Pump Station Conversion and Force Main • 11:00 AM – Sutphin Road Interceptor Upgrade

Bid security shall be furnished in accordance with the Instructions to Bidders.

+ + END OF ADVERTISEMENT FOR BIDS + +

Page 6: Sutphin Road Interceptor Upgrade - HCSA Website · Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained

EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Article 1 – Defined Terms.............................................................................................................................. 1

Article 2 – Copies of Bidding Documents ...................................................................................................... 1

Article 3 – Qualifications of Bidders .............................................................................................................. 1

Article 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site .................................................................................................................................. 1

Article 5 – Bidder’s Representations ............................................................................................................. 3

Article 6 – Pre-Bid Conference ...................................................................................................................... 4

Article 7 – Interpretations and Addenda ...................................................................................................... 4

Article 8 – Bid Security .................................................................................................................................. 4

Article 9 – Contract Times ............................................................................................................................. 5

Article 10 – Liquidated Damages .................................................................................................................. 5

Article 11 – Substitute and “Or-Equal” Items ............................................................................................... 5

Article 12 – Subcontractors, Suppliers, and Others ...................................................................................... 6

Article 13 – Preparation of Bid ...................................................................................................................... 6

Article 14 – Basis of Bid ................................................................................................................................. 7

Article 15 – Submittal of Bid ......................................................................................................................... 7

Article 16 – Modification and Withdrawal of Bid ......................................................................................... 8

Article 17 – Opening of Bids .......................................................................................................................... 8

Article 18 – Bids to Remain Subject to Acceptance ...................................................................................... 8

Article 19 – Evaluation of Bids and Award of Contract ................................................................................. 8

Article 20 – Bonds and Insurance ................................................................................................................. 9

Article 21 – Signing of Agreement ................................................................................................................ 9

Article 22 – Sales and Use Taxes ................................................................................................................... 9

Article 23 – Contracts to be Assigned ......................................................................................................... 10

Article 24 -- Federal Requirements..………………………………………………………………………………………………………10

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EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

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

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.04 Bidding Documents will be available online for electronic download. All potential bidders MUST notify the engineer via email or phone so that they may be included on the plan holders list and have addenda sent directly to them. Only those listed on the plan holders list will be permitted to bid the project.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

B. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

C. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or

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and American Society of Civil Engineers. All rights reserved. Page 2

storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

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

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

4.03 Site Visit and Testing by Bidders

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

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

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations,

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EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 3

investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

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

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

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

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

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

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such

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information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and

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

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

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and American Society of Civil Engineers. All rights reserved. Page 5

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids in case of proposed substitute and five (5) days prior in the case of proposal “or-equal”. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the effective date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or-equals”, in accordance with the General Conditions.

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ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 If required by the bid documents, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work:

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.05 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection.

12.06 The Contractor shall not award work to subcontractor(s) in excess of the limits stated in SC7.06.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

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

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

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13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Base Bid with Alternates

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate (as necessary) described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be considered by the Owner based on available budget for the project.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

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EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 8

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Owner at address in Article 1.01 of Bid Form.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 9

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

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EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 10

ARTICLE 23 – CONTRACTS TO BE ASSIGNED: N/A

ARTICLE 24 – FEDERAL REQUIREMENTS

24.01 Federal requirements at Article 19 of the Supplementary Conditions apply to this Contract.

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page i – ADDENDUM NO. 1

BID FORM

Halifax County Service Authority South Boston, VA

Sutphin Road Interceptor Upgrade

TABLE OF CONTENTS

Page

Article 1 – Bid Recipient ................................................................................................................................ 1

Article 2 – Bidder’s Acknowledgements ....................................................................................................... 1

Article 3 – Bidder’s Representations ............................................................................................................. 1

Article 4 – Bidder’s Certification ................................................................................................................... 2

Article 5 – Basis of Bid ................................................................................................................................... 3

Article 6 – Time of Completion ..................................................................................................................... 4

Article 7 – Attachments to this Bid ............................................................................................................... 4

Article 8 – Defined Terms.............................................................................................................................. 5

Article 9 – Bid Submittal................................................................................................................................ 5

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1 – ADDENDUM NO. 1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Halifax County Service Authority (HCSA) 2529 Houghton Avenue, South Boston, VA 24592

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. Date of Issuance

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

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

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

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 2 – ADDENDUM NO. 1

of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

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

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

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

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

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

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 3 – ADDENDUM NO. 1

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

A. Unit prices has been completed in accordance with Paragraph 13.03.A of the General Conditions.

B. Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Sutphin Road Interceptor Upgrade Bid Form

L.I. Description Unit Est. Qty. Unit Price Bid Price

1 Site Prep/ Mobilization LS 1 $ $ 2 Clearing LS 1 $ $ 3 Erosion and Sediment Control LS 1 $ $ 4 Earthwork LS 1 $ $ 5 Site Restoration LS 1 $ $ 6 Bypass Pumping LS 1 $ $ 7 North and South End Tie-ins to Main Interceptor EA 2 $ $ 8 Existing Lateral Tie-ins EA 6 $ $ 9 Tributary/Small Stream Crossing (excluding pipe) EA 10 $ $ 10 Ballasted Swale (drainage swale crossing - excluding pipe) EA 8 $ $ 11 Gravel Diaphragm LF 6070 $ $

12 Subsurface Poplar Creek Crossing (excluding pipe and MHs) - STA 36+00 LS 1 $ $

13 Aerial Poplar Creek Crossing (excluding pipe and MHs) - STA 19+00 LS 1 $ $

14 Subsurface Poplar Creek Crossing Adjacent to Railroad (excluding pipe and MHs)- STA 1+00 on C12 LS 1 $ $

15 16” DIP Only Sanitary Sewer LF 875 $ $

16 16” [PVC] or [DIP] Sanitary Sewer (circle pipe material chosen) LF 3910 $ $

17 28" Concrete Encasement (16" Carrier Pipe) LF 74 $ $ 18 18” DIP Only Sanitary Sewer LF 2050 $ $

19 18” [PVC] or [DIP] Sanitary Sewer (circle pipe material chosen) LF 4350 $ $

20 30" Concrete Encasement (18" Carrier Pipe) LF 40 $ $ 21 20” DIP Only Sanitary Sewer LF 520 $ $

22 [20” DIP] or [21" PVC] Sanitary Sewer (circle pipe material chosen) LF 1230 $ $

23 20” Restrained DIP - STA 19+00 LF 160 $ $

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 4 – ADDENDUM NO. 1

24 32" Concrete Encasement (20" Carrier Pipe) LF 38 $ $

25 30” Bored Steel Casing (Sutphin Road Crossing - STA 33+50) LF 40 $ $

26 New Manholes 5'-10' depth EA 35 $ $ 27 New Manholes 10'-15’ depth EA 21 $ $ 28 New Manholes 15'+ depth EA 4 $ $ 29 Watertight Manhole Frame and Cover EA 28 $ $ 30 Manhole Vent EA 3 $ $ 31 Demo/Abandon Existing Manhole EA 31 $ $ 32 Demo/Abandon Existing Sewer LF 12,900 $ $ 33 48” RCP Storm Pipe (STA 91+00, 111+50) LF 128 $ $ 34 42” RCP Storm Pipe (STA 75+00) LF 22 $ $ 35 36” RCP Storm Pipe (STA 61+00, 72+25) LF 40 $ $

Sutphin Road Interceptor Upgrade Total $

Base Bid (total of all items) $_____________________________________________________________

_______________________________________________________________________________(words)

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. List of Project References;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids;

F. Contractor’s License No.: __________ [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6), refer to specific equal opportunity requirements set forth in the Supplemental General Conditions;

H. If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions (AD-1048);

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EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 5 – ADDENDUM NO. 1

I. If Bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By: [Signature]

[Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: [Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

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PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 2

BID BOND

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

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

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PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2

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

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

3. This obligation shall be null and void if:

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

3.2 All Bids are rejected by Owner, or

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

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

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

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

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

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

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

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

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

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EJCDC® C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 1

NOTICE OF AWARD

Date of Issuance:

Owner: Halifax County Service Authority Owner's Contract No.:

Engineer: Dewberry Engineers Inc. Engineer's Project No.: 50080390

Project: Sutphin Road Interceptor Upgrade Contract Name:

Bidder:

Bidder’s Address:

TO BIDDER:

You are notified that Owner has accepted your Bid dated _____________ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

Base Bid. [describe Work, alternates, or sections of Work awarded]

The Contract Price of the awarded Contract is: $ ________________ [note if subject to unit prices]

[5] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. [revise if multiple copies accompany the Notice of Award]

[2] sets of the Drawings will be delivered separately from the other Contract Documents.

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:

1. Deliver to Owner 5 counterparts of the Agreement, fully executed by Bidder.

2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6.

3. Other conditions precedent (if any):

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

Owner: Halifax County Service Authority

Authorized Signature

By:

Title: Copy: Engineer

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EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page i

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page Article 1 – Definitions and Terminology ......................................................................................... 1

1.01 Defined Terms ........................................................................................................................ 1

1.02 Terminology ........................................................................................................................... 5

Article 2 – Preliminary Matters ....................................................................................................... 6

2.01 Delivery of Bonds and Evidence of Insurance ........................................................................ 6

2.02 Copies of Documents ............................................................................................................. 6

2.03 Before Starting Construction ................................................................................................. 6

2.04 Preconstruction Conference; Designation of Authorized Representatives ........................... 7

2.05 Initial Acceptance of Schedules ............................................................................................. 7

2.06 Electronic Transmittals ........................................................................................................... 7

Article 3 – Documents: Intent, Requirements, Reuse .................................................................... 8

3.01 Intent ...................................................................................................................................... 8

3.02 Reference Standards .............................................................................................................. 8

3.03 Reporting and Resolving Discrepancies ................................................................................. 8

3.04 Requirements of the Contract Documents ............................................................................ 9

3.05 Reuse of Documents ............................................................................................................ 10

Article 4 – Commencement and Progress of the Work ................................................................ 10

4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 10

4.02 Starting the Work ................................................................................................................. 10

4.03 Reference Points .................................................................................................................. 10

4.04 Progress Schedule ................................................................................................................ 10

4.05 Delays in Contractor’s Progress ........................................................................................... 11

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..................................................................................................................................... 12

5.01 Availability of Lands ............................................................................................................. 12

5.02 Use of Site and Other Areas ................................................................................................. 12

5.03 Subsurface and Physical Conditions ..................................................................................... 13

5.04 Differing Subsurface or Physical Conditions ........................................................................ 14

5.05 Underground Facilities ......................................................................................................... 15

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EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page ii

5.06 Hazardous Environmental Conditions at Site ...................................................................... 17

Article 6 – Bonds and Insurance ................................................................................................... 19

6.01 Performance, Payment, and Other Bonds ........................................................................... 19

6.02 Insurance—General Provisions ............................................................................................ 19

6.03 Contractor’s Insurance ......................................................................................................... 20

6.04 Owner’s Liability Insurance .................................................................................................. 23

6.05 Property Insurance ............................................................................................................... 23

6.06 Waiver of Rights ................................................................................................................... 25

6.07 Receipt and Application of Property Insurance Proceeds ................................................... 25

Article 7 – Contractor’s Responsibilities ....................................................................................... 26

7.01 Supervision and Superintendence ....................................................................................... 26

7.02 Labor; Working Hours .......................................................................................................... 26

7.03 Services, Materials, and Equipment ..................................................................................... 26

7.04 “Or Equals” ........................................................................................................................... 27

7.05 Substitutes ........................................................................................................................... 28

7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 29

7.07 Patent Fees and Royalties .................................................................................................... 31

7.08 Permits ................................................................................................................................. 31

7.09 Taxes .................................................................................................................................... 32

7.10 Laws and Regulations ........................................................................................................... 32

7.11 Record Documents ............................................................................................................... 32

7.12 Safety and Protection ........................................................................................................... 32

7.13 Safety Representative .......................................................................................................... 33

7.14 Hazard Communication Programs ....................................................................................... 33

7.15 Emergencies ......................................................................................................................... 34

7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 34

7.17 Contractor’s General Warranty and Guarantee................................................................... 36

7.18 Indemnification .................................................................................................................... 37

7.19 Delegation of Professional Design Services ......................................................................... 37

Article 8 – Other Work at the Site ................................................................................................ 38

8.01 Other Work .......................................................................................................................... 38

8.02 Coordination ........................................................................................................................ 39

8.03 Legal Relationships ............................................................................................................... 39

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Article 9 – Owner’s Responsibilities .............................................................................................. 40

9.01 Communications to Contractor ............................................................................................ 40

9.02 Replacement of Engineer ..................................................................................................... 40

9.03 Furnish Data ......................................................................................................................... 40

9.04 Pay When Due ...................................................................................................................... 40

9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 40

9.06 Insurance .............................................................................................................................. 40

9.07 Change Orders ...................................................................................................................... 40

9.08 Inspections, Tests, and Approvals ........................................................................................ 41

9.09 Limitations on Owner’s Responsibilities .............................................................................. 41

9.10 Undisclosed Hazardous Environmental Condition ............................................................... 41

9.11 Evidence of Financial Arrangements .................................................................................... 41

9.12 Safety Programs ................................................................................................................... 41

Article 10 – Engineer’s Status During Construction ...................................................................... 41

10.01 Owner’s Representative ....................................................................................................... 41

10.02 Visits to Site .......................................................................................................................... 41

10.03 Project Representative ......................................................................................................... 42

10.04 Rejecting Defective Work ..................................................................................................... 42

10.05 Shop Drawings, Change Orders and Payments .................................................................... 42

10.06 Determinations for Unit Price Work .................................................................................... 42

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 42

10.08 Limitations on Engineer’s Authority and Responsibilities .................................................... 42

10.09 Compliance with Safety Program ......................................................................................... 43

Article 11 – Amending the Contract Documents; Changes in the Work ...................................... 43

11.01 Amending and Supplementing Contract Documents .......................................................... 43

11.02 Owner-Authorized Changes in the Work ............................................................................. 44

11.03 Unauthorized Changes in the Work ..................................................................................... 44

11.04 Change of Contract Price ..................................................................................................... 44

11.05 Change of Contract Times .................................................................................................... 45

11.06 Change Proposals ................................................................................................................. 45

11.07 Execution of Change Orders ................................................................................................. 46

11.08 Notification to Surety ........................................................................................................... 47

Article 12 – Claims ......................................................................................................................... 47

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12.01 Claims ................................................................................................................................... 47

Article 13 – Cost of the Work; Allowances; Unit Price Work ........................................................ 48

13.01 Cost of the Work .................................................................................................................. 48

13.02 Allowances ........................................................................................................................... 50

13.03 Unit Price Work .................................................................................................................... 51

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....... 52

14.01 Access to Work ..................................................................................................................... 52

14.02 Tests, Inspections, and Approvals ........................................................................................ 52

14.03 Defective Work..................................................................................................................... 53

14.04 Acceptance of Defective Work ............................................................................................. 53

14.05 Uncovering Work ................................................................................................................. 53

14.06 Owner May Stop the Work .................................................................................................. 54

14.07 Owner May Correct Defective Work .................................................................................... 54

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .......................... 55

15.01 Progress Payments ............................................................................................................... 55

15.02 Contractor’s Warranty of Title ............................................................................................. 58

15.03 Substantial Completion ........................................................................................................ 58

15.04 Partial Use or Occupancy ..................................................................................................... 59

15.05 Final Inspection .................................................................................................................... 59

15.06 Final Payment ....................................................................................................................... 59

15.07 Waiver of Claims .................................................................................................................. 61

15.08 Correction Period ................................................................................................................. 61

Article 16 – Suspension of Work and Termination ....................................................................... 62

16.01 Owner May Suspend Work .................................................................................................. 62

16.02 Owner May Terminate for Cause ......................................................................................... 62

16.03 Owner May Terminate For Convenience ............................................................................. 63

16.04 Contractor May Stop Work or Terminate ............................................................................ 63

Article 17 – Final Resolution of Disputes ...................................................................................... 64

17.01 Methods and Procedures ..................................................................................................... 64

Article 18 – Miscellaneous ............................................................................................................ 64

18.01 Giving Notice ........................................................................................................................ 64

18.02 Computation of Times .......................................................................................................... 64

18.03 Cumulative Remedies .......................................................................................................... 64

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18.04 Limitation of Damages ......................................................................................................... 65

18.05 No Waiver ............................................................................................................................ 65

18.06 Survival of Obligations ......................................................................................................... 65

18.07 Controlling Law .................................................................................................................... 65

18.08 Headings ............................................................................................................................... 65

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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

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

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer

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has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Engineer—The individual or entity named as such in the Agreement.

21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

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24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

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

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

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37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

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

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work—Work to be paid for on the basis of unit prices.

47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

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48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

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3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

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

2. a preliminary Schedule of Submittals; and

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3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or

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computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

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

2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict,

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error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

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

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

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3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

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2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions;

3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4. acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

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G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part

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by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site;

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

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

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

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

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5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or

2. is of such a nature as to require a change in the Drawings or Specifications; or

3. differs materially from that shown or indicated in the Contract Documents; or

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

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

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c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or

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

c. Contractor failed to give the written notice as required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

5.05 Underground Facilities

A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after

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becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Possible Price and Times Adjustments:

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and

d. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

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5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

2. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

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

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

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

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F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.

H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

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ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.

C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is

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maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16.

H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests.

J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

6.03 Contractor’s Insurance

A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable).

3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

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4. Foreign voluntary worker compensation (if applicable).

B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:

1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees.

2. claims for damages insured by reasonably available personal injury liability coverage.

3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result

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of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.

I. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. include at least the specific coverages provided in this Article.

2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

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6.04 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

6.05 Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.”

2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor.

3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

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

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5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

6. extend to cover damage or loss to insured property while in transit.

7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

8. allow for the waiver of the insurer’s subrogation rights, as set forth below.

9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10. not include a co-insurance clause.

11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12. include performance/hot testing and start-up.

13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured.

C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense.

F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

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6.06 Waiver of Rights

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for:

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

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them.

D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the

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policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and

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guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.04 “Or Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) it has a proven record of performance and availability of responsive service; and

4) it is not objectionable to Owner.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

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D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

7.05 Substitutes

A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

a. shall certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design,

2) be similar in substance to that specified, and

3) be suited to the same use as that specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from that specified, and

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2) available engineering, sales, maintenance, repair, and replacement services.

d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

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E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

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

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer.

N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

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O. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

7.08 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work

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7.09 Taxes

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

7.10 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.11 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.

7.12 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

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

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or

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exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.16 Shop Drawings, Samples, and Other Submittals

A. Shop Drawing and Sample Submittal Requirements:

1. Before submitting a Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to

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provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

2. Samples:

a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

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8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

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

1. observations by Engineer;

2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal;

6. the issuance of a notice of acceptability by Engineer;

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

8. any correction of defective Work by Owner.

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D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

7.19 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.

B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop

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Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.

D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

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8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. an itemization of the specific matters to be covered by such authority and responsibility; and

3. the extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

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D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

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9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

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

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during

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or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work

A. Engineer has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments

A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.

B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Engineer’s authority as to Change Orders is set forth in Article 11.

D. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

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

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an

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adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on

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the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under

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the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

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B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim

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submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable

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thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

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

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

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

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

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

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

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

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes

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other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

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

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

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B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

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

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

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

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

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

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

3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

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ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to

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cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

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B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will

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include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

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

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a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

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e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount

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remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

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E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

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

15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of

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inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation,

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including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

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

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

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E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses,

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and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

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

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

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

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

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for

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expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and

2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02 Computation of Times

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

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

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18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

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

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

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I. SUPPLEMENTARY CONDITIONS

A. Caption and Introductory Statements

Supplementary Conditions

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto.

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC-1.01 Defined Terms

SC 1.01.A.8 Add the following language at the end of last sentence of Paragraph 1.01.A.8:

The Change Order form to be used on this Project is EJCDC C-941. Agency approval is required before Change Orders are effective.

SC 1.01.A.48 Add the following language at the end of the last sentence of Paragraph

1.01.A.48:

A Work Change Directive cannot change Contract Price or Contract Times without a subsequent Change Order.

SC 1.01.A.49 Add the following new Paragraph after Paragraph 1.01.A.48:

Abnormal Weather Conditions – Conditions of extreme or unusual weather for a given region, elevation, or season as determined by Engineer. Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered Abnormal Weather Conditions.

SC 1.01.A.50 Add the following new Paragraph after Paragraph 1.01.A.49:

Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development.

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ARTICLE 2 – PRELIMINARY MATTERS

SC-2.01 Delivery of Bonds and Evidence of Insurance

SC-2.01 Delete Paragraphs 2.01 B. and C. in their entirety and insert the following in their place:

B. Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Paragraph 5.04.

SC 2.02 Copies of Documents SC 2.02.A Amend the first sentence of Paragraph 2.02.A. to read as follows:

Owner shall furnish to Contractor five copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).

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ARTICLE 3 – 3 – DOCUMENTS: INTENT, AMENDING, RESUSE

All documents listed herein are a part of this contract and the requirements of each part shall apply to the entire project as may be applicable. Contract documents covering the work under this contract consist of the specifications and contract drawings.

SC-3.02 Reference Standards

SC-3.02.A Add a new paragraph immediately after paragraph 3.02A.2.

Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical organization or body, it shall be construed to mean the latest standard, code, specification, or tentative specification adopted and published at the date of advertisement for bids, even though reference has been made to an earlier standard; and such standards are made a part of hereof to the extent which is indicated or intended.

When no reference is made to a code, standard, or specification, the standard specifications of the ASTM, the ASA, the AIEE, or the NEMA shall govern.

The following is a partial list of typical abbreviations which may be used in the specifications and the organizations to which they refer:

AASHA AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS ACI AMERICAN CONCRETE INSTITUTE ACIFS AMERICAN CAST IRON FLANGE STANDARDS AGMA AMERICAN GEAR MANUFACTURERS ASSOCIATION AIA AMERICAN INSTITUTE OF ARCHITECTS AIEE AMERICAN INSTITUTE OF ELECTRICAL ENGINEERS AISC AMERICAN INSTITUTE OF STEEL CONSTRUCTION AISI AMERICAN IRON AND STEEL INSTITUTE ANSI AMERICAN NATIONAL STANDARDS INSTITUTE API AMERICAN PETROLEUM INSTITUTE ASHRAE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS ASME AMERICAN SOCIETY OF MECHANICAL ENGINEERS ASTM AMERICAN SOCIETY FOR TESTING AND MATERIALS AREA AMERICAN RAILWAY ENGINEERING ASSOCIATION AWS AMERICAN WELDING SOCIETY AWWA AMERICAN WATER WORKS ASSOCIATION CPSC CONSUMER PRODUCTS SAFETY COMMISSION CRSI CONCRETE REINFORCING STEEL INSTITUTE EEI EDISON ELECTRICAL INSTITUTE FS FEDERAL SPECIFICATIONS IEEE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS IPCEA INSULATED POWER CABLE ENGINEERS ASSOCIATION NBFU NATIONAL BOARD OF FIRE UNDERWRITERS NBS NATIONAL BUREAU OF STANDARDS NCMA NATIONAL CONCRETE MASONRY ASSOCIATION NEC NATIONAL ELECTRIC CODE OF NBFU NEMA NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION

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NFPA NATIONAL FIRE PROTECTION ASSOCIATION NFSHSA NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS NS NORFOLK SOUTHERN CORPORATION N&W NORFOLK & WESTERN RAILWAY COMPANY PCA PORTLAND CEMENT ASSOCIATION SSPC STEEL STRUCTURES PAINTING COUNCIL SCPI STRUCTURAL CLAY PRODUCTS INSTITUTE UL UNDERWRITERS LABORATORIES, INC. VDEQ VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VDH VIRGINIA DEPARTMENT OF HEALTH VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC-4.01 Commencement of Contract Times; Notice to Proceed

SC 4.01.A Amend the last sentence of paragraph 4.01.A by striking out the following words:

In no event will the contract times commence to run later than the sixtieth day after the day of bid opening or the thirtieth day after the effective date of the contract, whichever date is earlier.

SC-4.05 Delays in Contractor’s Progress

SC-4.05.C.2 Amend paragraph 4.05.C.2 by striking out the following text: “abnormal weather conditions,” and inserting the following text:

Abnormal Weather Conditions:

SC-4.05 Add the following new paragraph immediately after Paragraph 4.05.C.4:

When establishing the contract time, an allowance will be made for four (4) calendar days of work lost per month due to inclement weather conditions. The Contractor, at the time of each periodic pay request, shall submit to the Engineer and Owner for approval a list of all working days lost due to either inclement weather of site conditions caused by inclement weather for the period. Accompanying his list should be a summary of the specific conditions which caused the loss. This request will be reviewed by the Engineer in light of observations made by the Engineer and resident inspector. Approval of the periodic payment estimate by the Engineer, Owner, and Agency will also include approval of the weather delay request. After substantial completion, and not until then, a change order must be executed if a time extension for weather related delays is requested by the Contractor. The time extension must be based solely on the time requested within the periodic payment estimates. Subtracted from this time will be the four (4) days per month allowance assumed in the contract. There cannot be a decrease in contract length if the allowance for inclement weather exceeds the actual number of days lost due to inclement weather. To convert working days into calendar days, multiply the working days by seven (7) and divide by the number of working days in a typical work week.

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ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

SC-5.03 Subsurface and Physical Conditions

SC 5.03 Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following:

A. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner.

SC-5.06 Hazardous Environmental Conditions

SC 5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.

B. Not Used.

ARTICLE 6 – BONDS AND INSURANCE

SC-6.02 Insurance—General Provisions

SC-6.02 Add the following paragraph immediately after Paragraph 6.02.B:

1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months.

SC-6.03 Contractor’s Liability Insurance

SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:

State: Statutory

Federal, if applicable (e.g., Longshoreman’s): Statutory

Jones Act coverage, if applicable:

Bodily injury by accident, each accident $ N/A

Bodily injury by disease, aggregate $ N/A

Employer’s Liability:

Bodily injury, each accident $ 500,000

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Bodily injury by disease, each employee $ 500,000

Bodily injury/disease aggregate $ 500,000 For work performed in monopolistic states, stop-gap liability coverage shall be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ 1,000,000

Foreign voluntary worker compensation Statutory

2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions:

General Aggregate $ 2,000,000

Products - Completed Operations Aggregate $ 1,000,000

Personal and Advertising Injury $ 1,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Bodily Injury:

Each person $ 1,000,000

Each accident $ 1,000,000

Property Damage:

Each accident $ 1,000,000

[or]

Combined Single Limit of $ 1,000,000

4. Excess or Umbrella Liability:

Per Occurrence $ 5,000,000

General Aggregate $ 5,000,000

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SC-6.05 Property Insurance

SC-6.05.A.1 Add the following new subparagraph after subparagraph 6.05.A.1:

a. In addition to Owner, Contractor, and all Subcontractors, include as insureds the following:

1. Engineer

2. Inspector

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC-7.02.C. Add the following new paragraph immediately after Paragraph 7.02.B:

Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.

SC-7.04 “Or Equals”

SC-7.04.A Amend the third sentence of Paragraph 7.04.A by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, equivalent, or ‘or-equal’ item is permitted. SC-7.04.A.1 Amend the last sentence of Paragraph a.3 by striking out “and;” and adding a period at the end of Paragraph a.3. SC-7.04.A.1 Delete paragraph 7.04.A.1.a.4 in its entirety and insert the following in its place: [Deleted] SC-7.06.A Amend Paragraph 7.06.A by adding the following text to the end of the Paragraph: The Contractor shall not award work valued at more than fifty percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. SC-7.06.B Delete paragraph 7.06.B in its entirety and insert the following in its place: [Deleted] SC-7.06.E Amend the second sentence of Paragraph 7.06.E by striking out “Owner may also require Contractor to retain specific replacements; provided, however, that”.

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SC-7.09 Taxes

SC-7.09 Add a new paragraph immediately after Paragraph 7.09.A:

B. Owner is exempt from payment of sales and compensating use taxes of the State of Virginia and of cities and counties thereof on all materials to be incorporated into the Work.

1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work.

2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

SC-10.03 Project Representative

A. SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A:

B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.

1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer.

2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability.

3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof.

4. Liaison:

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations.

c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed

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and transmit to Contractor clarifications and interpretations as issued by Engineer.

6. Shop Drawings and Samples:

a. Record date of receipt of Samples and Contractor-approved Shop Drawings.

b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination.

c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer.

7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer.

8. Review of Work and Rejection of Defective Work:

a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

9. Inspections, Tests, and System Start-ups:

a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups.

10. Records:

a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer.

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b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

c. Maintain records for use in preparing Project documentation.

11. Reports:

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor.

c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition.

12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.

14. Completion:

a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected.

b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied.

c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work.

C. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

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2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work.

5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.

8. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS, CHANGES IN THE WORK

SC-11.07 Execution of Change Orders

SC-11.07.B. Add the following new paragraph 11.07.B.:

All contract change orders must be concurred in by Agency before they are effective.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC-13.02 Allowances

SC 13.02.C Delete paragraph 13.02.C in its entirety and insert the following in its place: [deleted]

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

SC-15.01 Progress Payments

SC 15.01.B Amend the second sentence of Paragraph 15.01.B.1 by striking out the following text: “a bill of sale, invoice, or other.” SC 15.01.B.3 Add the following language at the end of paragraph 15.01.B.3: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage, or invest the retainage for the benefit of the Contractor. SC 15.01.B.4 Add the following new Paragraph after Paragraph 15.01.B.3: The Application for Payment form to be used on this Project is EJCDC C-620. The Agency must approve all Applications for Payment before payment is made.

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SC 15.01.D.1 Delete Paragraph 15.01.D.1 in its entirety and insert the following in its place: The Application for Payment with Engineer’s recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. SC 15.02 Contractor’s warranty of title. SC 15.02.A Amend Paragraph 15.02.A by striking out the following text: “no later than seven days after the time of payment by Owner” and insert “no later than the time of payment by Owner.”

SC-15.03 Substantial Completion

SC 15.03.B Add the following new subparagraph to Paragraph 15.03.B:

1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

SC-17.02 Attorneys’ Fees

SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.

SC-17.02 Attorneys’ Fees: For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result.

ARTICLE 18 – MISCELLANEOUS

SC-18.07 Add the following paragraph at the end of Paragraph 18.07.A

The Code of Virginia (Virginia Public Procurement Act) required all public bodies to include in every contract of more than $10,000 the following two provisions: Section 2.2-4311, Employment discrimination by Contractor prohibited; required contract provisions, and Section 2.2-4312, Drug-free workplace to be maintained by Contractor; required contract provisions.

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2.2-4311. Employment discrimination by contractor prohibited; required contract provision

All public bodies shall include in every contract of more than $10,000 the following provisions:

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2.2-4312. Drug-free workplace to be maintained by contractor; required contract provisions

All public bodies shall include in every contract over $10,000 the following provisions:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

SC 18.09 Add the following new paragraph after Paragraph 18.08: Tribal Sovereignty. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the {insert name of Tribe} Tribe; affecting the trust-beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to- government relationship between the United States and the Tribe.

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SC 19 Add Article 19 titled “FEDERAL REQUIREMENTS” SC 19.01 Add the following language as Paragraph 19.01 with the title “Agency Not a Party”: A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees is a party to this Contract. SC 19.02 Add the following sections after Article 19.01 with the title “Contract Approval”: A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the following “Certificate of Owner’s Attorney” (Attachment GC-A) before Owner submits the executed Contract Documents to Agency for approval.

B. Concurrence by Agency in the award of the Contract is required before the Contract is effective.

SC 19.03 Add the following language after Article 19.02.B with the title “Conflict of Interest”: A. Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the plans and specifications has a corporate or financial affiliation with the supplier or manufacturer. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest in Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors.

SC 19.04 Add the following language after Article 19.03.A with the title “Gratuities”: A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract.

B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee.

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SC 19.05 Add the following language after Article 19.04.B with the title “Audit and Access to Records”: A. Owner, Agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required records for three years after final payment is made and all other pending matters are closed. SC 19.06 Add the following language after Article 19.05.A with the title “Small, Minority and Women’s Businesses”: A. If Contractor intends to let any subcontracts for a portion of the work, Contractor shall take affirmative steps to assure that small, minority and women’s businesses are used when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall consist of: (1) including qualified small, minority and women’s businesses on solicitation lists; (2) assuring that small, minority and women’s businesses are solicited whenever they are potential sources; (3) dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women’s businesses; (4) establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women’s businesses; (5) using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce; (6) requiring each party to a subcontract to take the affirmative steps of this section; and (7) Contractor is encouraged to procure goods and services from labor surplus area firms. SC 19.07 Add the following after Article 19.06.A with the title “Anti-Kickback”: A. Contractor shall comply with the Copeland Anti-Kickback Act (18 USC 874 and 40 USC 276c) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency.

SC 19.08 Add the following after Article 19.07.A with the title “Clean Air and Pollution Control Acts”: A. If this Contract exceeds $100,000, compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h) and 42 USC 7401et. seq.), section 508 of the Clean Water Act (33 U.S.C. 1368) and Federal Water Pollution Control Act (33 USC 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations is required. Contractor will report violations to the Agency and the Regional Office of the EPA.

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SC 19.09 Add the following after Article 19.08 with the title “State Energy Policy”: A. Contractor shall comply with the Energy Policy and Conservation Act (P.L. 94-163). Mandatory standards and policies relating to energy efficiency, contained in any applicable State Energy Conservation Plan, shall be utilized.

SC 19.10 Add the following after Article 19.09 with the title “Equal Opportunity Requirements”: A. If this Contract exceeds $10,000, Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

B. Contractor’s compliance with Executive Order 11246 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the Contract 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 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 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. The goals and timetables for minority and female participation, expressed in percentages terms for the Contractor’s aggregate work force in each trade on all construction work in the covered area are 27.6% for minorities and 6.9% for women.

C. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. SC 19.11 Add the following after Article 19.10.C with the title “Restrictions on Lobbying”: A. Contractor and each subcontractor shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, Contractor must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Contract. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal

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award. Certifications and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner.

SC 19.12 Add the following after Article 19.11.A with the title “Environmental Requirements”: When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions:

A. Wetlands –When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. B. Floodplains –When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert 100-year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. C. Historic Preservation – Any excavation by Contractor that uncovers an historical or archaeological artifact or human remains shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the State Historic Preservation Officer (SHPO). D. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. E. Mitigation Measures – The following environmental mitigation measures are required on this Project: {Insert mitigation measures here}.

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EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1 of 5

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between Halifax County Service Authority (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: see attached bid.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 13,000 LF gravity sewer and related manholes, abandonment of existing sewer and manholes, 10 tributary stream crossings, 3 Poplar Creek crossings, railroad encroachment and Norfolk Southern coordination

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by Dewberry Engineers Inc., 551 Piney Forest Road, Danville, VA 24540.

3.02 The Owner has retained Dewberry Engineers Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Days

A. The Work will be substantially completed within 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 300 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the

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actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $450 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $300 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. Contract price: _________________ (Base Bid)

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item):

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract:

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a. 95 percent of Work completed (with the balance being retainage); and

b. 95 percent of cost of materials and equipment not incorporated in the Work (i.e. stored materials - with the balance being retainage).

B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer’s estimate of the value of work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to the final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

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

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

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

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

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 5 inclusive).

2. Performance bond (pages 1 to 3 inclusive).

3. Payment bond (pages 1 to 3 inclusive).

4. General Conditions (pages 1 to 70 inclusive).

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5. Supplementary Conditions (pages 1 to 17 inclusive).

6. Specifications as listed in the table of contents of the Project Manual.

7. Drawings (not attached but incorporated by reference) consisting of 22 sheets with each sheet bearing the following general title: Sutphin Road Interceptor Upgrade

8. Addenda (numbers 0 to 0 inclusive).

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

a. Contractor’s Bid (pages 1 to 6 inclusive).

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Certification of Substantial/Final Completion

c. Work Change Directives.

d. Change Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

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

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

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

10.02 Assignment of Contract

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

10.03 Successors and Assigns

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

10.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract

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Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

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

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on ________ __ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

Halifax County Service Authority

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

License No.: (where applicable)

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EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

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

OWNER (name and address): CONSTRUCTION CONTRACT

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

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

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

CONTRACTOR AS PRINCIPAL SURETY

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

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EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 2 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 3 of 3

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

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

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

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

14. Definitions

14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims

for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

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

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

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

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

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

16. Modifications to this Bond are as follows:

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EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 1 of 3

PAYMENT BOND

CONTRACTOR (name and address):

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

OWNER (name and address):

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

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

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

CONTRACTOR AS PRINCIPAL SURETY

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

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EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 2 of 3

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

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

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

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

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

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

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

5.1.1 have furnished a written notice of non-

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

5.1.2 have sent a Claim to the Surety (at the

address described in Paragraph 13).

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

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

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

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

7.2 Pay or arrange for payment of any undisputed amounts.

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

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

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

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

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.

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EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 3 of 3

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

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

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

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

16. Definitions

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

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

was done, or materials or equipment furnished;

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

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

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

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

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

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

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

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

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

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

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

18. Modifications to this Bond are as follows:

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EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 1

NOTICE TO PROCEED Owner: Halifax County Service Authority Owner's Contract No.:

Contractor: Contractor’s Project No.:

Engineer: Dewberry Engineers Inc. Engineer's Project No.: 50080390

Project: Sutphin Road Interceptor Upgrade Effective Date of Contract:

TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on _____________________, 20__. [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to achieve Substantial Completion is 270, and the number of days to achieve readiness for final payment is 300.

Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions]

Owner:

Authorized Signature By:

Title: Date Issued:

Copy: Engineer

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Contractor's Application for Payment No.Application Application Date:

Period:

To From (Contractor): Via (Engineer):

(Owner):

Project: Contract:

Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:

1. ORIGINAL CONTRACT PRICE............................................................ $

2. Net change by Change Orders.................................................................. $

3. Current Contract Price (Line 1 ± 2)......................................................... $

4. TOTAL COMPLETED AND STORED TO DATE

(Column F total on Progress Estimates)................................................... $

5. RETAINAGE:

a. X Work Completed.......... $

b. X Stored Material............ $

c. Total Retainage (Line 5.a + Line 5.b).............................. $

6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)............................. $

7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $

8. AMOUNT DUE THIS APPLICATION................................................... $

9. BALANCE TO FINISH, PLUS RETAINAGE

(Column G total on Progress Estimates + Line 5.c above)...................... $

Contractor's Certification

Payment of: $

is recommended by:

Payment of: $

is approved by:

Contractor Signature

By: Date: Approved by:

Additions

Approved Change Orders

NET CHANGE BY

TOTALS

(Line 8 or other - attach explanation of the other amount)

(Date)

Application For Payment

Funding or Financing Entity (if applicable)

(Line 8 or other - attach explanation of the other amount)

(Date)

(Date)

Change Order Summary

(Engineer)

(Owner)

Number Deductions

CHANGE ORDERS

The undersigned Contractor certifies, to the best of its knowledge, the following:(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment;(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

EJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 1 of 1

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Progress Estimate - Unit Price Work Contractor's ApplicationFor (Contract): Application Number:

Application Period: Application Date:

A B C D E F

Item Estimated Quantity Installed

Value of Work Installed to

Date

Materials Presently Stored (not in C)

Total Completed and Stored to Date

(D + E)

% (F / B) Bid Item No. Description

Balance to Finish (B - F)

Contract Information

Item Quantity Units Unit Price Total Value

of Item ($)

Totals

EJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 1 of 1

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EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 1

Change Order No. Date of Issuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Engineer's Project No.: Project: Contract Name: The Contract is modified as follows upon execution of this Change Order:

Description:

Attachments: [List documents supporting change]

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable]

Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment:

days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. :

[Increase] [Decrease] from previously approved Change Orders No. to No. :

Substantial Completion: $ Ready for Final Payment:

days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment:

days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment:

days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment:

days or dates RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title

Title

Date: Date

Date

Approved by Funding Agency (if applicable)

By: Date:

Title:

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EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 1

CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Halifax County Service Authority Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Dewberry Engineers Inc. Engineer's Project No.: 50080390 Project: Sutphin Road Interceptor Upgrade Contract Name: This [preliminary] [final] Certificate of Substantial Completion applies to:

All Work The following specified portions of the Work:

With the exception of the following work to be completed: 1. Any remaining punch list items from punch list dated ________. Date of Substantial Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.

A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.]

Amendments to Owner's responsibilities: None

As follows Amendments to Contractor's responsibilities: None As follows:

The following documents are attached to and made a part of this Certificate: Punch List This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract.

EXECUTED BY ENGINEER: RECEIVED: RECEIVED:

By: By: By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature)

Title: Title: Title:

Date: Date: Date:

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USDAForm RD 400-6

COMPLIANCE STATEMENT(Rev.12-09)

This statement relates to a proposed contract with

(Name of borrower or grantee)who expects to finance the contract with assistance from either the Rural Housing Service (RHS),Rural Business-Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successoragencies, United States Department of Agriculture (whether by a loan, grant, loan insurance,guarantee, or other form of financial assistance). I am the undersigned bidder or prospectivecontractor, I represent that:

have not, participated in a previous contract or subcontract subject to Executive1.Order 11246 (regarding equal employment opportunity) or a preceding similar Executive Order.

have not, filed all2. If I have participated in such a contract or subcontract, I have,compliance reports that have been required to file in connection with the contract or subcontract.

If the proposed contract is for $50,000 or more: or

3. have not previously had contracts subject to the written affirmative actionI have,programs requirements of the Secretary of Labor.

I have, have not developed and4. If I have participated in such a contract or subcontract,placed on file at each establishment affirmative action programs as required by the rules andregulations of the Secretary of Labor.

I understand that if I have failed to file any compliance reports that have been required of me, I am noteligible and will not be eligible to have my bid considered or to enter into the proposed contract unlessand until I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS,or to the office where the reports are required to be filed.

I also certify that I do not maintain or provide for my employees any segregated facilities at any of myestablishments, and that I do not permit my employees to perform their services at any location, under mycontrol, where segregated facilities are maintained. I certify further that I will not maintain or provide formy employees any segregated facilities at any of my establishments, and that I will not permit my employeesto perform their services at any location, under my control, where segregated facilities are maintained. Iagree that a breach of this certification is a violation of the Equal Opportunity clause in my contract. Asused in this certification, the term ''segregated facilities'' means any waiting rooms, work areas, restroomsand wash rooms, restaurants and other eating areas time clocks, locker rooms and other storage or dressingareas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilitiesprovided for employees which are segregated by explicit directive or are in fact segregated on the basis ofrace, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that(except where I have obtained identical certifications for proposed subcontractors for specific time periods)I will obtain identical certifications 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 I will retain suchcertifications in my files; and that I will forward the following notice to such proposed subcontractors (exceptwhere the proposed subcontractors have submitted identical certifications for specific time periods):

Position 6 RD 400-6 (Rev. 12-09)

Form ApprovedOMB No. 0575-0018

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of informationunless it displays the valid OMB control number. The valid OMB control number for this information collection is 0575-0018. The time required to complete thisinformation collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gatheringand maintaining the data needed, and completing and reviewing the collection of information.

I have,

,

contract is for $50,000 or more and I have 50 or more employees, I also represent that:If the proposed nonconstruction

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NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FORCERTIFICATIONS OF NON-SEGREGATED FACILITIES

A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439, may 19, 1967) onElimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontractexceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may besubmitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

DATE(Signature of Bidder or Prospective Contractor)

Address (including Zip Code)

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Form AD-1048 (1/92)

U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor

its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this

certification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/Award Number or Project Name

Name(s) and Title(s) of Authorized Representative(s)

Signature(s) Date

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Form AD-1048 (1/92) 2

Instructions for Certification 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transaction and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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RD Instruction 1940-Q Exhibit A-1

CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ______________________________________ _________________________________ (name) (date) ______________________________________ (title)

oOo (08-21-91) PN 171

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Virginia RUS Bulletin 1780-1 Page 1

VA PN No. 198 (Rev. 03-11-13)

Project Sign

For construction contracts, the Contractor shall supply, erect, and maintain a temporary construction sign according to the specifications set forth below of this bulletin:

Size: 4' x 8' x 3/4" Material: APA Rated A-B Grade - Exterior Framing: 2" x 4" nominal on four sides and center cross bracing Supports: 2 - 4" x 4" x 12' pressure-treated posts Mounting: Sign is to be mounted to the 4" x 4" posts with a 3/8" minimum diameter bolt

with nut, four on each side of the sign. Each bolt is to have two washers, one between the sign and the head of the bolt and the other between the post and the nut.

Erection: 4" x 4" posts are to be set a minimum of three feet deep and encased in concrete

12" in diameter. Paint: Face: three coats outdoor enamel (sprayed) Rear: one coat outdoor enamel (sprayed) Lettering: Silk screen enamel is acceptable. Letters may not be pasted or attached with

fasteners to the plywood. Lettering sizes and positioning will be as illustrated in the Layout.

Location and height of sign will be coordinated with the agency responsible for highway or street safety in the area, if any possibility exists for obstruction of traffic line of sight.

The project sign will be placed in a prominent location and maintained in good condition until the completion of the project. Information for items will be supplied by the Engineer/Architect. Cost of sign, including erection and removal, shall be included in the lump sum or unit prices bid.

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CONTRACTOR SHALL PROVIDE SIGN. COORDINATE WITH USDA AND OWNER REGARDING SUITABLE LOCATION
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GEOTECHNICAL DATA HALIFAX COUNTY SURVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE 003132 - 1

DOCUMENT 003132 - GEOTECHNICAL DATA

1.1 GEOTECHNICAL DATA

A. This Document with its referenced attachments is part of the Procurement and Contracting Requirements for the Project. This provides Owner's information for Bidders' convenience and is intended to supplement rather than replace the Bidders' own investigations. This is made available for Bidders' convenience and information, but is not a warranty of existing conditions.

B. All excavations and earth moving are bid as unclassified and the Contractor assumes sole responsibility for means and methods to accomplish Work as defined by the Contract Documents to achieve final installation and demolition. No additional compensation shall be awarded for completion of work required within the Contract Documents.

C. Soil-boring data for work within the existing easement included in the Project, obtained by Froehling & Robertson, Inc. in February 2017, is included in this Section.

D. Seismic refraction data for work located in the relocated section of sewer, obtained by Draper Aden Associates in March 2017, is included in this Section.

E. Related Requirements:

1. "Instructions to Bidders" for the Bidder's responsibilities for examination of Project site and existing conditions.

2. Section 312000 “Earth Moving” for utility excavation and testing requirements. 3. Section 312319 “Dewatering” for dewatering requirements. 4. Section 333300 “Facility Sanitary Sewers” for gravity sewer installation requirements.

END OF DOCUMENT 003132

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HQ: 3015 DUMBARTON ROAD RICHMOND, VA 23228 USA T 804.264.2701 F 804.264.1202 www.fandr.com

VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA • EASTERN EUROPE

A Minority-Owned Business

Engineering Stability Since 1881

1734 Seibel Drive, NE Roanoke, Virginia 24012-5624 I USA

T 540.344.7939 I F 540.344.3657

FROEHLING & ROBERTSON, INC.

F&R Project No.: 62U0456 9 February 2017

Dewberry Engineers, Inc. 551 Piney Forest Road Danville, Virginia 24540 Attention: Mr. Scott Ehrhardt, P.E. Subject: Sutphin Interceptor Project Halifax, Virginia Dear Mr. Ehrhardt:

The purpose of this letter is to present the results of the drilling exploration services undertaken by Froehling & Robertson, Inc. (F&R) in connection with the above referenced project. Our services were performed in general accordance with our Proposal No. 1762-00335 as authorized by Dewberry Engineers, Inc. We understand that Dewberry is involved with the planning for some sewer line rehabilitation and installation in several areas along Poplar Creek in Halifax, Virginia. Reportedly, the rehabilitation will include abandoning approximately 3 miles of utility line, upsizing some, and relocating and installing new sewer lines. F&R was requested to perform a series of auger probes to provide general information relative to subsurface conditions along the proposed alignment (especially with respect to potential difficult excavation conditions).

A total of 50 auger probes (designated as Borings B-1 through B-49, and one offset Boring B-2A) were performed between the 21st and 31st of January 2017 at locations designated by on-site Dewberry personnel and as approximately shown on the attached boring location plans. Our boring location plans were developed using two provided drawings and should be considered approximate. The first entitled Existing Sewer Location Map, Sheet No. Figure 3.2-1, Dated May 2, 2016, prepared by Dewberry (Filename: 2016.09.26. – Sutphin Interceptor PER (reduced PDF) 15.pdf), and the second entitled Alternative 4 Replace and Relocate, Sheet No. Figure 5.4-2, Dated December 14, 2016, prepared by Dewberry (Filename: Pages from 2016.09.26. – Sutphin Interceptor PER (reduced PDF).pdf).

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Dewberry Engineers, Inc. Sutphin Interceptor Project F&R Project No.: 62U0456 9 February 2017

2

The borings were performed using a track-mounted CME-55 rotary drill rig using hollow stem augers and were generally advanced through the soil overburden to various termination depths determined by the boring location. In addition, subsurface water level readings were taken in each of the borings immediately upon completion of drilling. However, we note that fluctuations in subsurface water levels and soil moisture can be anticipated with changes in precipitation, run-off, the surface water level of the Poplar Creek, and seasonal changes. Upon completion of drilling, the boreholes were backfilled with auger cuttings.

Auger refusal or auger skewing conditions were encountered in 33 of the 50 borings. In addition, some very dense or very hard materials were encountered in the majority of the site borings. These materials were generally characterized by more than 50 blows required to drive the split-spoon sampler over a 6-inch increment. Whenever, the sampler is observed not to penetrate after 50 blows, the condition is called split-spoon refusal and the SPT N-value for split-spoon refusal conditions is typically estimated as greater than 100 blows per foot (bpf). Where the sampler is observed not to penetrate after 50 blows, the N-value is reported as 50/0. Otherwise, the depth of penetration after 50 blows is reported in inches, i.e. 50/2, 50/1, etc. Residual materials (formed by the in-place weathering of the parent rock) with standard penetration resistances in excess of 100 blows per foot are defined for engineering purposes as partially weathered rock (PWR). Therefore, difficult excavation conditions should be anticipated during construction at many of these test borings and if similar subsurface conditions are encountered elsewhere.

The following table lists the borings performed, their respective F&R boring designations, surficial soil depth, termination depth, termination criteria, approximate depth to encountered subsurface water, and noteworthy driller comments.

Summary of Boring Observations

Boring No. Surficial Soil

Depth (inch)

Termination Depth (feet)

Termination Criteria

Approximate Subsurface Water

Depth (feet)

Driller Notes

B-1 2 8.5 Auger Refusal N.E. Rocky 4.5’ – 8.5’

B-2 2 6.5 Auger Refusal 5.3 Cobbles 4.5’ – 6.5’

B-2A 2 6 Auger Refusal N.E. Rocky 5’ – 6’

B-3 2 9.5 Auger Refusal 9.5 Rocky 7.5’ – 9.5’

B-4 2 6.5 Auger Refusal N.E. Rocky 5.5’ – 6.5’

Note: N.E. = Not Encountered

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Dewberry Engineers, Inc. Sutphin Interceptor Project F&R Project No.: 62U0456 9 February 2017

3

Boring No. Surficial Soil

Depth (inches)

Termination Depth (feet)

Termination Criteria

Approximate Subsurface Water

Depth (feet)

Driller Notes

B-5 2 9.5 Auger Skewing 5 --

B-6 2 6 Auger Refusal 4 Cobbles 4.5’ – 6’

B-7 3 9 Auger Skewing 5.4 Cobbles 6.5’ – 8’

B-8 3 15 Planned Depth N.E. --

B-9 2 9 Auger Refusal N.E. Rocky 2’ – 9’

B-10 2 15 Planned Depth N.E. Rocky 14.5’ – 15’

B-11 2 13 Auger Skewing 12 Rocky 11.5’ – 13’

B-12 2 8.5 Auger Refusal N.E. Rocky 4.5’ – 8.5’

B-13 3 11.5 Auger Refusal N.E. Rocky 8.5’ – 11.5’

B-14 3 15 Planned Depth N.E. Rocky 11.5’ – 15’

B-15 2 15 Planned Depth N.E. Rocky 8.5’ – 15’

B-16 3 11 Auger Refusal N.E. Rocky 4’ – 11’

B-17 2 15 Planned Depth N.E. Cobbles 4.5’ – 6’

B-18 1 15 Planned Depth N.E. --

B-19 2 15 Planned Depth N.E. Cobbles 4’ – 5’

B-20 2 15 Planned Depth N.E. Rocky 6’ – 12’

B-21 2 15 Planned Depth 5.5 --

B-22 2 15 Planned Depth N.E. Rocky 6’ – 7.5’

B-23 3 15 Planned Depth N.E. Rocky 4’ – 7’

B-24 3 7.5 Auger Refusal N.E. Rocky 4’ – 7.5’

B-25 4 10.5 Auger Refusal 8.5 Rocky 10’ – 10.5’

B-26 3 5.5 Auger Refusal N.E. Rocky 5’ – 5.5’

B-27 N.E. 5.5 Auger Refusal N.E. Rocky 2’ – 5.5’

B-28 2 7 Auger Refusal N.E. Rocky 6.5’ – 7’

B-29 2 6.5 Auger Refusal N.E. Rocky 3’ – 6.5

B-30 3 8 Auger Refusal N.E. Rocky 6.5’ – 8’

B-31 2 15 Planned Depth N.E. Rocky 8.5’ – 15’

B-32 3 11.5 Auger Refusal 1.5 Rocky 6’ – 11.5’

B-33 3 10 Auger Refusal 2 Rocky 7’ – 10’

B-34 3 7 Auger Refusal 4.5 Rocky 6’ – 7’

B-35 3 6.5 Auger Refusal N.E. Rocky 4.5’ – 6.5’

B-36 3 7.5 Auger Refusal N.E. Rocky 3.5’ – 7.5’

B-37 3 7 Auger Refusal N.E. Rocky 4’ – 7’

B-38 3 15 Planned Depth 5.5 Rocky 3’ – 15’

B-39 3 15 Planned Depth N.E. --

B-40 3 15 Planned Depth N.E. --

B-41 3 8.5 Auger Skewing N.E. Rocky 8’ – 8.5’

B-42 N.E. 15 Planned Depth N.E. Slight Surficial Gravel

Note: N.E. = Not Encountered

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Dewberry Engineers, Inc. Sutphin Interceptor Project F&R Project No.: 62U0456 9 February 2017

4

Boring No. Surficial Soil

Depth (inch)

Termination Depth (feet)

Termination Criteria

Approximate Subsurface Water

Depth (feet)

Driller Notes

B-43 N.E. 10 Auger Refusal N.E. Rocky 9’ – 10’,

Slight Surficial Gravel

B-44 N.E. 5 Auger Refusal N.E. Rocky 3.5’ – 5’,

Slight Surficial Gravel

B-45 3 8.5 Auger Refusal N.E. Rocky 8’ – 8.5’

B-46 3 8.5 Auger Skewing N.E. Rocky 2’ – 5.5’, Sewer

Pipe Encountered

B-47 N.E. 15 Planned Depth 3 Rocky 7’ – 15’

B-48 N.E. 8 Auger Refusal N.E. Rocky 7’ – 8’

B-49 2 3.5 Auger Refusal N.E. Rocky 3’ – 3.5’

Note: N.E. = Not Encountered

The following recommendations are provided relative to difficult excavation conditions. In mass excavations for general site work, dense soils and some PWR (materials with penetration resistances of 30 bpf to 50 blows per 2 inches of split-spoon penetration) can usually be removed by ripping with a single-tooth ripper attached to a large crawler tractor or by breaking it out with a large front-end loader. In confined excavations such as foundations, utility trenches, elevator pits, etc., removal of partially weathered rock typically requires use of large backhoes, pneumatic spades, or light blasting. Refusal materials will normally require blasting for removal in all types of excavations. Any blasting in footing excavations must be done carefully to prevent damage to the bearing materials.

Prior to any blasting operations, we recommend conducting a pre-blast survey for all structures within 300 feet. A written blasting program should then be submitted by the blasting subcontractor for review by the architect/structural engineer. Peak particle velocities produced by blasting should be measured adjacent to the foundations of nearby structures and should be restricted to levels of no more than 0.5 to 1.0 inches per second, depending on the distance from the blasting. Air blast levels should also be monitored and restricted to less than 130 to 140 decibels. Trial blasting should be required to confirm that ground motions are reasonably predictable. All work should be performed by an experienced licensed contractor. To reasonably measure quantities of rock, you may wish to use a land surveyor to cross-section the upper surface of rock prior to blasting.

The definition of rock can be a source of conflict during construction. The following definitions have been incorporated into specifications on other projects and are provided for your general guidance:

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Dewberry Engineers, Inc. Sutphin Interceptor Project F&R Project No.: 62U0456 9 February 2017

5

GENERAL EXCAVATION: Rip Rock - Any material that cannot be removed by scrapers, loaders, pans, dozers, or

graders; and requires the use of a single-tooth ripper mounted on a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds.

Blast Rock - Any material which cannot be excavated with a single-tooth ripper mounted on a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds (Caterpillar D-8K or equivalent) or by a Caterpillar 977 front-end loader or equivalent; and occupying an original volume of at least one (1) cubic yard.

TRENCH EXCAVATION:

Blast Rock - Any material which cannot be excavated with a backhoe having a bucket curling force rated at not less than 25,700 pounds (Caterpillar Model 225 or equivalent), and occupying an original volume of at least one-half (1/2) cubic yard.

We appreciate the opportunity to provide subsurface exploration services for you on this project. If you have additional questions, please do not hesitate to call.

Sincerely, FROEHLING & ROBERTSON, INC. For Erin K. Phillips, M.S., E.I.T. Stephen D. Hjelle, M.S., P.E. Engineering Staff Geotechnical Department Manager

Attachments: Boring Location Plans (2)

Distribution: Addressee (1 original/1 copy via e-mail: [email protected])

F:\Projects 62U\62U-0456 (Dewberry - Utility Line Drilling)\62U0456 Utility Line Drilling Halifax RPT.docx

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Adapted from provided site plan entitled Existing Sewer Location Map, Sheet No. Figure 3.2-1, Dated May 2, 2016,

prepared by Dewberry (Filename: 2016.09.26. – Sutphin Interceptor PER (reduced PDF) 15.pdf)

FROEHLING & ROBERTSON, INC.

Engineering Stability Since 1881 1734 Seibel Drive, NE

Roanoke, Virginia 24012-5624 T 540.344.7939 I F 540.344.3657

DATE: February 2017

SCALE: As Shown

DRAWN: EKP 62U0456

Utility Line Drilling BORING Dewberry Inc. LOCATION Halifax, Virginia PLAN 1

DRAWING NO.

1

1800’ 0’ 900’

N

B-3

B-5

B-1

B-4

B-6 B-7

B-13 B-12 B-11

B-10 B-9

B-8

B-19

B-16

B-17 B-18

B-26

B-20

B-21 B-22

B-25 B-24

B-23

B-2/2A

B-14

B-15

B-27 B-28 B-29

B-30 B-31

B-32 B-33

B-34 B-35

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Adapted from provided site plan entitled Alternative 4 Replace and Relocate, Sheet No. Figure 5.4-1, Dated 12/14/2016,

prepared by Dewberry (Filename: Pages from 2016.09.26. – Sutphin Interceptor PER (reduced PDF) 15.pdf)

FROEHLING & ROBERTSON, INC.

Engineering Stability Since 1881 1734 Seibel Drive, NE

Roanoke, Virginia 24012-5624 T 540.344.7939 I F 540.344.3657

DATE: February 2017

SCALE: As Shown

DRAWN: EKP 62U0456

Utility Line Drilling BORING Dewberry Inc. LOCATION Halifax, Virginia PLAN 2

DRAWING NO.

2

1000’ 0’ 500’

N

B-42

B-36

B-37 B-38

B-41

B-40

B-39

B-43

B-44

B-46 B-45

B-47

B-48 B-49

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DAA Project Number: 17010218-010203

SEISMIC REFRACTION STUDY For the Sutphin Interceptor Relocation and Replacement Project

South Boston, Virginia

PREPARED FOR:

Mr. Michael J. Kiser, PhD, E.I.T Froehling & Robertson, Inc. 1734 Seibel Drive, NE, Roanoke, VA 24012 March 2nd, 2017

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DAA Project Number: 17010218-010203

March 2nd, 2017 RE: Seismic Refraction Study for the Sutphin Interceptor and Replacement Project, South Boston,Virginia, DAA Project Number: 17010218-010203 Mr. Michael J. Kiser, PhD, E.I.T Froehling & Robertson, Inc. 1734 Seibel Drive, NE, Roanoke, VA 24012 Dear Mr. Kiser,

Draper Aden Associates has completed the seismic refraction study for the Sutphin Interceptor Relocation And Replacement Project in South Boston, Virginia. This study was undertaken to evaluate the depth to bedrock along the portion of the preliminary interceptor relocation route that was not accessible to drilling equipment. The following report documents our methodologies and findings.

We value our professional relationship with Froehling & Robertson, and hope that you will contact us with any similar needs in the future. If you have any questions regarding this report, or if we can be of any further service to you please do not hesitate to contact us.

Sincerely,

Warren T. “Ted” Dean, P.G. Program Manager I

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3RD PARTY REVIEW

This report has been subjected to technical and quality reviews by:

Christopher M. Printz, PG March 2nd, 2017 Name: Signature Date Senior Project Geologist

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i

List of Figures

Figure 1. Site Location Map.

Figure 2. Sutphin Interceptor Relocation Map.

Figure 3. Geologic Map of the Site Vicinity.

Figure 4. Survey Overview Map Illustrating Seismic Refraction Line Locations.

Figure 5. Seismic Refraction Line Orientations (Lines 1 through 6).

Figure 6. Seismic Refraction Line Orientations (Lines 7 through 12).

Figure 7. Seismic refraction model results for Lines 1 through Line 4.

Figure 8. Seismic refraction model results for Lines 5 through Line 8.

Figure 9. Seismic refraction model results for Lines 9 through 12.

.

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ii

List of Tables

Table 1. Depth to Rock from the Seismic Refraction Data. ........................................................... 6

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iii

Table of Contents

EXECUTIVE SUMMARY ..................................................................................... 1 1.0 INTRODUCTION ......................................................................................... 2 2.0 SITE GEOLOGY AND SOIL BORINGS ................................................... 2 3.0 SEISMIC REFRACTION ............................................................................ 3

3.1 Principles of Seismic Refraction ............................................................................. 3 3.2 Field Methods ......................................................................................................... 4 3.3 Seismic Data Processing ......................................................................................... 4

4.0 SEISMIC REFRACTION RESULTS ......................................................... 5 5.0 LIMITATIONS .............................................................................................. 7 6.0 REFERENCES .............................................................................................. 8 7.0 FIGURES ........................................................................................................ 9

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

EXECUTIVE SUMMARY

Draper Aden Associates (DAA) was retained by Froehling and Roberston (F&R) to conduct a

seismic refraction study for the proposed Sutphin Interceptor Relocation and Replacement Project

near South Boston, Virginia. The objective of this study was to use seismic refraction techniques

to evaluate the subsurface for depth to rock along the portion of the relocation route where drilling

equipment accessibility was limited.

A series of 49 soil borings were conducted along the preliminary relocation route to the north and

south of the seismic refraction study area. Soil borings B-35 and B-36 were marked in the field

with vinyl stake flags by F&R in the field prior to this study. Seismic refraction Line 1 was located

to incorporate SB-35 and Line 12 was located to incorporate B-36 to facilitate interpretation of the

seismic results. These soil borings encountered auger refusals between 6.5 to 7.5 feet.

Data for 12 seismic refraction lines were collected at the site between February 20th and 22nd, 2017.

The seismic refraction line spreads were 230 feet long, with approximately 230 feet between

adjacent seismic spreads.

The results of the seismic refraction lines are presented as vertical cross-sections in order from

south to north. Many of the cross-sections display a fairly uniform soil thickness, with the

exception of some instances where the interpreted rock interface undulates. These occurrences are

interpreted as possible rock ridges or mounds, as seen in Line 2, Line 5, and Line 9. Line 10

displays the greatest variance in soil thickness where the soils become siginificantly deeper in the

northern portion of the section.. This line may extend into thicker floodplain sediments to the north,

or may indicate a potential paleostream channel. Yet another interpretation is that a bedrock

fracture zone exists between 30 to 70 feet along section, with associated enhanced weathering in

the fracture zone.

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

1.0 INTRODUCTION

Draper Aden Associates (DAA) was retained by Froehling and Roberston (F&R) to conduct a

seismic refraction study for the proposed Sutphin Interceptor Relocation and Replacement Project

near South Boston, Virginia. The site is located northwest of the intersection of Sutphin Road and

the Southern Norfolk Railroad (Figure 1). This study was initiated following preliminary utility

line drilling conducted by F&R, and conducted along the portion of the relocation route where

drilling equipment accessibility was limited. Figure 2 illustrates the preliminary route of the

interceptor and was provided to DAA by Dewberry via F&R. The objective of this study was to

use seismic refraction techniques to evaluate the subsurface beneath the route for depth to bedrock.

A total of 12 seismic refraction data sets (Figure 3) were collected approximately every 230 feet

along the preliminary Sutphin Interceptor relocation route.

The tasks involved in this study included:

1) Research into published geologic maps or other available literature.

2) Collection, processing, and interpretation of seismic refraction data.

3) Integration of soil boring data into the seismic refraction interpretations.

4) Preparation of this document detailing our methods and findings.

2.0 SITE GEOLOGY AND SOIL BORINGS

The study area is located within the Piedmont Province, predominately underlain by a variety of

igneous and metamorphic rocks. According to preliminary geologic mapping (Horton et. al.,

1993), the site is on or near the contact between biotite gneiss and schist (Zmgs) to the north, and

hornblende-biotite gneiss (Zmhb) to the south (Figure 4). Poplar Creek is located within the study

area and associated with it are north-south trending alluvium deposits (Qal), particularly where the

creek meanders significantly.

Several gently to steeply sloping stream drainages, particularly towards the north, characterize the

topography of the site. Low-lying wetland areas are abundant in the northeast section of the site

adjacent to stream drainages and the nearby Poplar Creek.

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

A series of 49 soil borings were conducted along the preliminary relocation route to the north and

south of the seismic refraction study area. Soil borings B-35 and B-36 were marked in the field

with vinyl stake flags by F&R in the field prior to this study. Seismic refraction Line 1 was located

to incorporate SB-35 and Line 12 was located to incorporate B-36 to facilitate interpretation of the

seismic results (Figures 5 and 6). These soil borings encountered auger refusals between 6.5 to 7.5

feet.

3.0 SEISMIC REFRACTION

3.1 Principles of Seismic Refraction

Seismic compressional waves (P-waves) are emitted through use of an energy source, such as a

sledgehammer on a steel plate, which produces pulses of seismic energy. The ground motion from

the seismic energy is recorded by an array of geophones spaced at regular intervals along a desired

survey line. As the survey progresses, the source location moves along the extent of the survey

line and beyond to obtain travel times from seismic waves to geophones at the surface. These travel

times are recorded in the field by a seismograph, and analyzed using seismic refraction processing

software during data analysis.

For analysis of seismic refraction data there are a set of assumptions. The first assumption is that

the subsurface is composed of a stack of geologic layers separated by planar surfaces. This

assumption is usually valid since the principle application of seismic refraction is to look for the

bedrock surface or the boundaries between sedimentary layers. The second assumption is that

seismic velocities increase with depth. This assumption is valid when exploring for the bedrock

surface, or in unconsolidated sediments when coarse-grained materials underlie fine-grained

materials. The third assumption is that the velocity within each layer is uniform (Griffiths and

King, 1988).

The primary data of interest in seismic refraction studies are the travel times of the seismic waves

as they first arrive at the geophones, called first arrivals or first breaks. As the waves travel through

the subsurface, they propagate in all directions. For those geophones closest to the source, the first

arrivals are often from direct waves as they travel along the ground surface. However, those waves

traveling downward eventually reach a higher-velocity surface along which they travel faster than

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those waves traveling through the upper layer, and waves refracted from the higher-velocity layer

begin to arrive at the geophones before the direct waves. In the travel time graphs, the point at

which the refracted waves begin to arrive before the direct waves is characterized by a change in

slope of the arrival times.

3.2 Field Methods

Data for 12 seismic refraction lines were collected at the site between February 20th and 22nd, 2017.

The seismic refraction survey was conducted using a series of twenty-four 4.5-Hz geophones,

spaced 10 feet apart for total seismic line spreads of 230 feet, with approximately 230 feet between

adjacent seismic spreads. Each line was oriented generally along the length of the preliminary

Sutphin Interceptor relocation alignment, as indicated by orange flagging in the field marked prior

to our arrival. For some of the seismic spreads, site constraints such as stream meanders, deadfalls,

and wetland areas necessitated the adjustment of the seismic line locations relative to the provided

alignment.

The geophones were connected via a seismic cable to a Geometrics Geode seismograph.

Refraction data were collected from five to seven shot point (energy source) locations located

along each spread. The source consisted of a sledgehammer striking a metal plate at each of the

shot point locations. Seismic refraction data were “stacked” to a minimum of five hammer strikes

per shot point location. The shot point locations were distributed within and beyond the extents of

the geophone spread, with a central shot point in the middle of the spread.

The locations of the seismic refraction spreads were recorded with a Trimble 6H Pro GPS receiver

capable of sub-meter accuracy. In addition, the location of the first and last geophones were

recorded as well as several intermediate geophone locations, usually every fifth geophone. The

locations of the geophones that were not recorded with GPS were interpolated from the recorded

points.

3.3 Seismic Data Processing

The refraction data were processed using the SeisImager software program. The SeisImager

program allows the user to identify the first arrivals for each shot point, with subsequent

interpretation of the corresponding slope breaks in the arrival time graph. These data serve as the

input to tomographic modeling. Seismic refraction tomography is an iterative modeling process

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

by which the observed travel times are compared to an initial earth model or tomograph. The

tomographic process then calculates the travel times that would occur if the earth model were

correct. The earth model is then adjusted to minimize the difference between the observed travel

times and the modeled travel times. When a close match is obtained between the calculated travel

times and the observed travel times, the earth model can be accepted as a reasonable representation

of actual conditions. For this study, the acceptable tolerance between the calculated and observed

travel times was defined as a root mean squared (RMS) error of 2 milliseconds or less. All of the

seismic sections for this study met or exceeded this criterion.

The geophone locations were plotted onto LIDAR topography data provided by F&R. The

elevations of each geophone were extracted from the LIDAR data and were incorporated into the

seismic data processing, so that the model would consider the topography in the inversion

modeling process and the resulting profiles would reflect the local relief.

4.0 SEISMIC REFRACTION RESULTS

Unconsolidated materials encountered within the immediate subsurface such as sand, silt, gravel,

weathered rock, or top soil range in P-wave velocities from 600 feet per second to 6,000 feet per

second (Reddy, 2010, Griffiths and King, 1988). The literature suggests a wide range of potential

P-wave velocity values for metamorphic rocks from 10,000 feet per second to 20,000 feet per

second. More specifically, Bourbié et. al. (1987) describe the P-wave velocity of gneiss to range

from 14,400 feet per second to 17,000 feet per second. It should be noted that saturated conditions

tend to facilitate P-wave propagation, and thus the velocities of dry rocks will be somewhat lower

than those described in these references.

The results of the seismic refraction lines are presented as vertical cross-sections (Figures 7

through 9) in order from south to north. The seismic sections are provided as tomographic velocity-

depth models that give modeled P-wave velocities in feet per second, color contoured as a function

of depth. The top of rock is usually expressed in seismic velocity sections as the P-wave velocity

at which the velocity contours start to become more closely spaced. In these sections this usually

occurs at velocities between 5,000 feet per second and 6,000 feet per second. This is reasonably

consistent with the limits of rippability for metamorphic materials for the D8R Ripper referenced

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

in the Caterpillar Handbook of Ripping (2000). The interpreted top of rock is indicated in each of

the sections by a solid black line, and the corresponding P-wave velocity has been indicated on the

color contour scale to the right of each section.

Soil borings B-35 and B-36 have been superimposed on the seismic refraction results for Line 1

and Line 12 respectively. The top of rock is interpreted as 6,000 feet per second for both lines, and

correlates well with the depth to auger refusal seen in the soil borings. All of the approximate

minimum and maximum ranges of the interpreted depth to rock along each seismic refraction line

are summarized in Table 1.

Table 1. Depth to Rock from the Seismic Refraction Data.

Seismic Refraction Line

Minimum Depth to Rock (feet)

Maximum Depth to Rock (feet)

1 2.5 7.6 2 3.5 14.3 3 11.5 20 4 5 17.5 5 3.4 8.7 6 8.2 11.3 7 10.1 12.3 8 11.4 16 9 6.3 10.5

10 11 50 11 3.5 10.5 12 4.5 12.5

Many of the cross-sections display a fairly uniform soil thickness, with the exception of some

instances where the interpreted rock interface undulates. These occurrences are interpreted as

possible rock ridges or mounds, as seen in Line 2, Line 5, and Line 9. Line 10 displays the greatest

variance in soil thickness where the soils become siginificantly deeper in the northern portion of

the section.. This line may extend into thicker floodplain sediments to the north, or may indicate a

potential paleostream channel. Yet another interpretation is that a bedrock fracture zone exists

between 30 to 70 feet along section, with associated enhanced weathering in the fracture zone.

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

5.0 LIMITATIONS

Qualified geologists with over 36 years of collective experience in the collection, processing, and

interpretation of geophysical data, including registered professional geologists, conducted this

study. All geophysical data collection and processing are interpretive. Confirmation of these

geophysical results would require invasive sampling.

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

6.0 REFERENCES

Bourbié, Thierry, Olivie Coussy, and Bernie Zinszner, 1987. Acoustics of Porous Media, Gulf

Publishing Company, 334 pp.

Griffiths, D.H. and R.F. King, 1988. Applied Geophysics for Geologists & Engineers: The

Elements of Geophysical Prospecting, Pergamon Press, 230 pp.

Handbook of Ripping [PDF]. (2000, February). Peoria, Illinois: Caterpillar Inc.

Horton Jr, J. W., Peper, J. D., Marr Jr, J. D., Burton, W. C., & Sacks, P. E. (1993). Preliminary

geologic map of the South Boston 30 x 60 minute Quadrangle, Virginia and North Carolina

(No. 93-244). US Geological Survey,.

Reddy, D.V., 2010. Engineering Geology, Vikas Publishing House Pvt Ltd, New Delhi, 683 pp.

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Seismic Refraction Study for the Sutphin Interceptor Relocation and Replacement Project, South Boston, Virginia DAA Project No. 17010218-010203

7.0 FIGURES

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

Sutphin Road

Approximate Site Location

Site Location Map

Southern Norfolk Railroad

1

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

DOC Facility Area

Preliminary Sutphin Interceptor Relocation

(provided by Dewberry)

Preliminary Relocation

Starting Point Ending Point

Seismic Refraction Survey

Sutphin Interceptor Relocation Map

B-35

B-36

2

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

Geology Map of the Site Vicinity

Horton Jr, J. W., Peper, J. D., Marr Jr, J. D., Burton, W. C., & Sacks, P. E. (1993). Preliminary geologic map of the

South Boston 30 x 60 minute Quadrangle, Virginia and North Carolina (No. 93-244). US Geological Survey,.

Scale Unknown

Approximate Site Location

Central South Boston

3

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FIGURESeismic Refraction Study for the Sutphin Interceptor Relocation and Replacement ProjectSouth Boston, Virginia

DAA Project Number: 17010218-010203

Formatted For 24”x36” Viewing

4

North

Downtown South Boston

Survey Overview Map Illustrating Seismic Refraction Line Locations

Elevation Color Scale (feet)

Map Scale 1” = 160’

Wetland Area

DOC Facility Area

Seismic Refraction

Line Locations

Seismic Refraction Line Orientation

(Line 8 example)

Approximate

Area of Dense

Vegetation

South

Preliminary Unsurvey

Sutphin Interceptor Relocation Route

(provided by Dewberry)

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

Map Scale

1 inch = 160 feet

Ele

va

tio

n C

olo

r S

ca

le (

feet)

Seismic Refraction Line Orientations (Lines 1 through 6)

Soil Boring B-35

5

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

Map Scale

1 inch = 160 feet

Ele

va

tio

n C

olo

r S

ca

le (

feet)

Seismic Refraction Line Orientations (Lines 7 through 12)

Soil Boring B-36

6

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

B-35

P-Wave Velocity(ft/sec)

LINE 3

LINE 1

LINE 2

P-Wave Velocity(ft/sec)

LINE 4

P-Wave Velocity(ft/sec)

P-Wave Velocity(ft/sec)

North South

241

124

124

124

= InterpretedRock

7

= InterpretedRock

= InterpretedRock

= InterpretedRock

B-#

Explanation= boring ID

= rock

= depth of auger refusal (if encountered)

= soil

Possible rock ridge

or mound

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

P-Wave Velocity(ft/sec)

LINE 7

LINE 5

LINE 6

P-Wave Velocity(ft/sec)

LINE 8

P-Wave Velocity(ft/sec)

P-Wave Velocity(ft/sec)

North South

124

124

124

124

8

= InterpretedRock

= InterpretedRock

= InterpretedRock

= InterpretedRock

Possible rock ridge

or mound

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FIGURESeismic RefractionSutphin Interceptor Relocation And

Replacement ProjectSouth Boston, VA

Draper Aden Associates JN: 17010218-010203

B-36

P-Wave Velocity(ft/sec)

LINE 11

LINE 9

LINE 10

P-Wave Velocity(ft/sec)

LINE 12

P-Wave Velocity(ft/sec)

P-Wave Velocity(ft/sec)

North South

241

124

124

124

9

= InterpretedRock

= InterpretedRock

= InterpretedRock

= InterpretedRock

B-#Explanation

= boring ID

= rock

= depth of auger refusal (if encountered)

= possible bedrock fracture zone = soil

Possible rock ridge

or mound

Possible paleostream

channel

Possible thick

floodplain sediments Possible rock ridge

or mound

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

011000 - 1

SECTION 011000 - SUMMARY

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Project information. 2. Work covered by Contract Documents. 3. Access to site. 4. Coordination with occupants. 5. Work restrictions. 6. Specification and drawing conventions. 7. Miscellaneous provisions.

B. Related Requirements:

1. Division 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.3 PROJECT INFORMATION

A. Project Identification: Sutphin Road Interceptor Upgrade

1. Project Location: South Boston, VA

B. Owner: Halifax County Service Authority, 2529 Houghton Avenue, South Boston, VA 24592 1. Owner's Representative: Mark Estes, Executive Director

C. Engineer: Dewberry Engineers Inc., 551 Piney Forest Road, Danville, VA, 24540 1. Engineer’s Representative: Leslie Barksdale, EIT (434-549-8504)

1.4 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of Project is defined by the Contract Documents and consists of the following but not limited to:

• Approximately 7,000 LF of sewer upgrade within existing easement, 6,000 LF of

relocated sewer, requiring clearing of new easement and related manholes.

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

011000 - 2

• 1 Conventional Road Bore - 30” Steel Casing (Sutphin Road) • Approximately 200 LF of RCP Storm Piping • 13 Creek Crossings, 8 Ballasted Swale Locations • Approximately 6,000 LF of Gravel Diaphragm • Easement access improvements

B. Type of Contract:

1. Project will be constructed under a single prime contract.

1.5 OWNER-FURNISHED ITEMS

A. Provide those properties and/or easements for construction which are shown on the drawings.

1.6 ACCESS TO SITE

A. Provide those properties and/or easements for construction which are shown on the drawings.

B. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

C. Use of Site: Limit use of Project site to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Driveways, Walkways and Entrances: Keep driveways loading areas, and entrances

serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

a. Schedule deliveries to minimize use of driveways and entrances by construction operations.

b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

1.7 COORDINATION WITH OCCUPANTS

A. Full Owner Occupancy: Owner will occupy site, existing building(s), and existing sewer during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction.

2. Notify Owner not less than 72 hours in advance of activities that will affect Owner's operations.

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

011000 - 3

1.8 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Sutphin Road: Comply with limitations on use of public streets and with other

requirements of authorities having jurisdiction. Sutphin Road is a Town of South Boston maintained road and coordination with VDOT is not required. The Town has approved the conventional bore under Sutphin Road as long as the construction activity does not impede traffic. If interference with the roadway is expected, contractor shall contact Danny McCormick to coordinate proper traffic management. (C. Danny McCormick, Jr., Public Works Operations Superintendent, Town of South Boston, 710 Hamilton Blvd., South Boston, VA 24592, 434-575-4262)

2. Railroad: HCSA has a pending permit from Norfolk Southern for the installation of the manhole and extension of sewer within their right-of-way. The contractor is required to submit a “Sheeting and Shoring Plan” to AECOM for approval prior to commencing work within the NS right-of-way. Coordinate with Owner and Engineer to obtain requirements given during the plan review and application process. A copy of this permit will be issued via addendum or given directly to the awarded Contractor.

3. Land Disturbing (DEQ and Halifax County): a. There will be more than an acre of land disturbed on this project so preparation and

completion of a Storm Water Pollution Prevention Plan (SWPPP) is needed. Dewberry has prepared the necessary documents and the Contractor will be responsible for maintaining onsite per DEQ requirements. All work shall be in accordance with the DEQ VPDES General Permit for Storm Water Discharge. A copy of this permit will be issued via addendum or given directly to the awarded Contractor. A copy of the SWPPP shall be kept on the job site at all times.

b. An “Erosion and Sediment Control Plan” based on the measures shown on the plans and in the specifications has been approved by the local erosion and sediment control review authority. However, the Contractor is responsible for submitting an Erosion and Sediment Control bond to Halifax County. The Engineer has prepared the necessary documents and the Contractor shall be responsible for obtaining any necessary permits. The Contractor’s cost for the SWPPP and associated documentation shall be included in the Contractors’ bid price for Erosion and Sediment Control. Halifax County E&S approval letter is attached to this section.

4. Wetland and Stream Crossings: All wetland and stream impacts are permitted through the USACE Nationwide Permit 12. The contractor shall perform work as described in the approved details and shall maintain a copy of this permit onsite at all times. A copy of this permit is included at the end of this section.

5. Department of Corrections Property Access: Any person working on the Camp #23 Department of Corrections (DOC) property will need to have a background check performed by the DOC Background Unit. This form is included at the end of this section for reference. Please send the forms to Superintendent Tammy Estep for processing ([email protected]; 434-572-2683). Any person that does not pass the background check standards for access to the property will not be eligible to work within the DOC property limits.

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

011000 - 4

B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions.

C. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.

1. Notify Owner not less than two days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations.

1.9 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations published as part of the schedule on Drawings.

3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this or other contract documents for this project.

1.10 GENERAL PROJECT REQUIREMENTS

A. Intent of Drawings: 1. The drawings are diagrammatic only, intending to show general features and locations of

piping, equipment, fixtures and specialties, and do not necessarily show all required offsets and details. All work shall be accurately laid out with reference to the drawings and in cooperating with other trades to avoid conflicts and to obtain a neat and workmanlike installation. Contractor is responsible for locating all underground facilities shown or indicated in the Contract Documents and incur all cost for repair of underground facilities damaged by Contractor during construction.

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

011000 - 5

2. The drawings are not intended to be rigid in specified details and where they may be in conflict with requirements of the other drawings, or of any applicable code or ordinance, or with recommendations of the manufacturers of any equipment actually furnished, installed or connected, the work hereunder includes the making of such adjustments as may be required to cause all such equipment to be installed and connected in conformance with such codes, ordinances or recommendations for the safe, proper, efficient operation of the equipment.

B. Intent of the Specifications: The specifications format has been chosen, merely for the convenience of the reader, as a means of presenting information. This method of presentation is not intended to delegate responsibilities for parts of the work, define subcontracts nor, to coincide with projects described in paragraph 1.4A.

C. Reference to Standard Specifications: Reference to standard specifications such as ASTM, ANSI, AWWA, etc. shall be specification in effect at the date of advertisement unless otherwise stated.

D. Discrepancies on Plans and Specifications: If the Contractor observes that the drawings and specifications are at difference therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing, such differences occur, or that the work is contrary to any laws, ordnances, rules and regulations, and without such notice to the Engineer, he shall bear all cost arising there from.

E. Tools, Plant and Equipment: If at any time before the commencement or during the progress of the work, tools, plant or equipment appear to the Owner to be insufficient, inefficient, or inappropriate to secure the quality of the work required or the proper rate of progress, the Owner may order the Contractor to increase their efficiency, to improve their character, to augment their number or to substitute new tools, plant, or equipment as the case may be, and the Contractor must conform to such order, but the failure of the Owner to demand such an increase of efficiency, number or improvements shall not relive the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time allowed and to the satisfaction of the Owner.

F. Maintenance of Service, Prior Use by Owner: All existing utilities, both public and private, including sewer, gas, water, electrical services, etc., shall be protected and their operation shall be maintained throughout the course of the work. Any temporary shutdown of an existing service shall be arranged between Contractor and the responsible agency. The Contractor shall assume full responsibility and hold the Owner harmless from the result of any damage that may occur as a result of the Contractor’s activities. Prior to completion of the work, the Owner (by agreement with the Contractor) may take over the operation and/or use of the completed project or portions thereof. Such prior use of facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents.

G. Code, Laws, and Regulations: 1. It is intended herein that all work to be performed under this section be in compliance

with the latest editions of all applicable Federal, State and local codes, laws, and regulations governing standards, of design, construction workmanship, materials, types of equipment and methods of installation. If the contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all cost arising therefrom.

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SUMMARY HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

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2. All Contractors and subcontractors performing work under this contract shall conform to all requirements of Chapter 7, Title 54 of the Code of Virginia regarding registration.

3. The Contractor’s particular attention is directed to the Virginia Erosion and Sediment Control Law, Title 21, Chapter 1, Article 6.1 of the Code of Virginia, as amended. This law requires that persons engaging in land disturbing activities, as defined therein, must first submit and have approved an Erosion and Sediment Control Plan for the project. Further, all work must conform to the requirements of the approved work throughout the life of the project.

4. It shall be the Contractor’s responsibility to prepare, have approved and comply with an Erosion and Sediment Control Plan for his part of this work and to otherwise comply with the Erosion and Sediment Control Law.

H. Permits and License Agreements: Where applicable, if construction conditions imposed by construction permits and any part of these specifications differ, the more stringent requirements shall prevail unless directed otherwise by the Engineer.

I. Traffic Safety: The Contractor shall be responsible for maintaining a safe and passable roadway surface at all times. Streets may be closed only with proper permission and approved detour routes.

J. Traffic Requirements: Traffic control is not expected as a part of this project. If the roadway must be encroached to perform work, Contractor must coordinate with the Town as described in Section 1.8.A.1. In the event traffic control is required, the Contractor must comply with the following: 1. When one-way traffic is being maintained, it shall be flagged at all times, and no one-

way traffic shall be allowed during hours after dark. 2. Blocking of entrances will be permitted only when absolutely necessary, and provisions

for safe ingress and egress to adjoining property must be provided. 3. All detouring of traffic shall be approved and schedules with the County and/or Virginia

Department of Transportation. Contractor shall provide and maintain required signs or other warning of devices.

4. Local Fire and Police stations shall be advised, in writing, of work schedule and all detours, if any.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 General

A. Contractor shall execute all construction work stated in this and all Sections in the manner specified or illustrated in the Contract Documents and Drawings. Any omission in these Specifications does not release the Contractor from the responsibility to complete the work or any part of the work to the satisfaction of the Owner or his representative.

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3.2 Inspections and Tests

A. Inspections and Test at Mills and Site Installations: Where deemed necessary, inspection and test of materials and equipment may be made at the place of manufacturer prior to shipment. In order to facilitate such shop or mill inspection, the Contractor shall immediately, upon placing orders for materials and equipment, mail copies of such shop or mill inspection, the Contractor shall immediately, upon placing orders for materials and equipment, mail copies of such orders to the Engineer, and shall afford ample time to permit the Engineer to have proper and necessary tests made prior to any shipment.

B. Tests of Work in Place: These are defined in the technical specifications where required.

END OF SECTION 011000

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DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT FORT NORFOLK

803 FRONT STREET NORFOLK VA 23510-1011

October 23, 2017

Western Virginia Regulatory Section NAO-2017-1864 / VMRC#17-V1392 (Poplar Creek) Halifax County Service Authority C/o Dewberry Engineers Inc. 551 Piney Forest Road Danville, Virginia 24541

Dear Ms. Barksdale: This is in regard to your Department of the Army permit application number NAO-2017-1864 (VMRC #17-1392) to permanently impact approximately 89 linear feet of stream channel, temporarily impact 206 linear feet of stream channel and 1019 square feet of wetlands and to convert 1161 square feet of palustrine forested wetlands to palustrine emergent wetlands. The project will upgrade and relocate an existing sanitary sewer line with 13,000 feet of new 15 inch and 18 inch line. The project will take place west of the Norfolk and Southern railroad track, at a point starting approximately 1000 feet north of Edmunds Street and ending approximately 1000 feet west of Alan Lane in Halifax County, Virginia. These impacts are detailed on the enclosed drawings entitled “Halifax County Service Authority, Sutphin Road Interceptor Upgrade, Halifax County Virginia” prepared and submitted on behalf of the applicant by Dewberry Engineers Inc. and dated July 21, 2017 and date stamped as received by this office on August 10, 2017 (attached). Your proposed work as outlined above satisfies the criteria contained in the Corps Nationwide Permit12, attached. The Corps Nationwide Permits were published in the January 6, 2017, Federal Register notice (82 FR 1860) and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991.

Provided the project specific conditions (above) and the Nationwide Permit General Conditions (enclosed) are met, an individual Department of the Army Permit will not be required. In addition, the Virginia Department of Environmental Quality has provided an conditional §401 Water Quality Certification for Nationwide Permit Number 12. A permit may be required from the Virginia Marine Resources Commission and/or your local wetlands board, and this verification is not valid until you obtain their approval, if necessary. This authorization does not relieve your responsibility to comply with local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA), nor does it supersede local government authority and responsibilities pursuant to the Act. You

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should contact your local government before you begin work to find out how the CBPA applies to your project.

Enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the nationwide permit terms and conditions.

This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2022. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific conditions listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP.

In granting an authorization pursuant to this permit, the Norfolk District has relied on the information and data provided by the permittee. If, subsequent to notification by the Corps that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the authorization may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. If you have any questions and/or concerns about this permit authorization, please contact Steven VanderPloeg via telephone at (804) 397-9836 or via email at [email protected].

Sincerely,

Steven A. VanderPloeg Environmental Scientist

Western Virginia Regulatory Section

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Enclosure(s) Cc: Mike Johnson, Virginia Marine Resources Commission Virginia Department of Environmental Quality

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Nationwide Permit (12) Utility Line Activities. Effective 3/19/2017 Expires 3/18/2022 Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines, including outfall and intake structures. There must be no change in pre-construction contours of waters of the United States. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio, and television communication. The term “utility line” does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines

and utility line substations, in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP authorizes, to the extent that Department of the Army authorization is required, temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to waters of the United States through sub-soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. These remediation activities must be done as soon as practicable, to restore the affected waterbody. District engineers may add special conditions to this NWP to require a remediation plan for addressing inadvertent returns of drilling fluids to waters of the United States during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) the activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States; (6) permanent access roads are constructed

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above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 32.) Note 1: Where the utility line is constructed or installed in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, a copy of the NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Utility line activities must comply with 33 CFR 330.6(d). Note 3: Utility lines consisting of aerial electric power transmission lines crossing navigable waters of the United States (which are defined at 33 CFR part 329) must comply with the applicable minimum clearances specified in 33 CFR 322.5(i). Note 4: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills. Note 5: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 6: This NWP authorizes utility line maintenance and repair activities that do not qualify for the Clean Water Act section 404(f) exemption for maintenance of currently serviceable fills or fill structures. Note 7: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities. Note 8: For NWP 12 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure

that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). Authority: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404) REGIONAL CONDITIONS: 1. Conditions for Waters Containing Submerged Aquatic Vegetation (SAV)

Beds: This condition applies to: NWPs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 39, 44, 45, 48, 52, 53 and 54. A pre-construction notification (PCN) is required if work will occur in areas that contain submerged aquatic vegetation (SAV). Information about SAV habitat can be found at the Virginia Institute of Marine Science’s website http://web.vims.edu/bio/sav/. Additional avoidance and minimization measures, such as relocating a structure or time-of-year restrictions (TOYR), may be required to reduce impacts to SAV habitat.

2. Conditions for Anadromous Fish Use Areas: To ensure that activities

authorized by any NWP do not impact documented spawning habitat or a migratory pathway for anadromous fish, a check for anadromous fish use areas must be conducted via the Norfolk District’s Regulatory GIS (for reporting permits) and/or the Virginia Department of Game and Inland Fisheries (VDGIF) Information System (by applicant for non-reporting permits) at http://vafwis.org/fwis/ . For any proposed NWP, if the project is located in an area documented as an anadromous fish use area (confirmed or potential), a time-of-year restriction (TOYR) prohibiting all in-water work will be required from February 15 to June 30 of any given year or any TOYR specified by VDGIF and/or Virginia Marine Resources Commission (VMRC). For permits requiring a PCN, if the Norfolk District determines that the work is minimal and the TOYR is unnecessary, informal consultation will be conducted with NOAA Fisheries Service (NOAA) to obtain concurrence that the TOYR would not be required for the proposed activity. For dredging in the Elizabeth River upstream of the Mid-Town Tunnel on the mainstem and the West Norfolk Bridge (Route 164, Western Freeway) on the Western Branch of the Elizabeth River, a TOYR is not required.

3. Conditions for Designated Critical Resource Waters, which include National Estuarine Research Reserves: Notification is required for work under NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38 and 54 in the Chesapeake Bay National Estuarine Research Reserve in Virginia. This multi-site system along a salinity gradient of the York River includes Sweet Hall Marsh, Taskinas Creek, Catlett Islands, and Goodwin Islands. More information can be found at: http://www.vims.edu/cbnerr/. NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 cannot be used to authorize the discharge of dredged or fill material in the Chesapeake Bay National Estuarine Research Reserve in Virginia.

4. Conditions for Federally Listed Species and Designated Critical Habitat: For

ALL NWPs, notification is required for any project that may affect a federally listed threatened or endangered species or designated critical habitat. The U.S.

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Fish and Wildlife Service (Service) has developed an online system that allows users to find information about sensitive resources that may occur within the vicinity of a proposed project. This system is named “Information, Planning and Conservation System,” (IPaC), and is located at: http://ecos.fws.gov/ipac/ . The applicant may use IPaC to determine if any federally listed species or designated critical habitat may be affected by their proposed project. If your Official Species List from IPaC identifies any federally listed endangered or threatened species, you are required to submit a PCN for the proposed activity, unless the project clearly does not impact a listed species or suitable habitat for the listed species. If you are unsure about whether your project will impact listed species, please submit a PCN, so the Norfolk District may review the action. Further information about the Virginia Field Office “Project Review Process” may be found at: http://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html. Additional consultation may also be required with National Marine Fisheries Service for species or critical habitat under their jurisdiction, including sea turtles, marine mammals, shortnose sturgeon, and Atlantic sturgeon. For additional information about their jurisdiction in Virginia, please see https://www.greateratlantic.fisheries.noaa.gov/protected/index.html . Additional resources to assist in determining compliance with this condition can be found on our webpage: http://www.nao.usace.army.mil/Missions/Regulatory/USFWS.aspx

5. Conditions for Waters with Federally Listed Endangered or Threatened Species, Waters Federally Designated as Critical Habitat, and One-mile Upstream (including tributaries) of Any Such Waters: Any work proposed in critical habitat, as designated in regional condition 4, requires a PCN.

6. Conditions for Designated Trout Waters: Notification is required for work in

the areas listed below for NWPs 3, 4, 5, 6, 7, 12, 13, 14, 16, 17, 18, 19, 21, 23, 25, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, and 54. This condition applies to activities occurring in two categories of waters; Class V (Put and Take Trout Waters) and Class VI (Natural Trout Waters), as defined by the Virginia State Water Control Board Regulations, Water Quality Standards (VR-680-21-00), dated January 1, 1991, or the most recently updated publication. The Virginia Department of Game and Inland Fisheries (VDGIF) designated these same trout streams into six classes. Classes I-IV are considered wild trout streams. Classes V and VI are considered stockable trout streams. Information on designated trout streams can be obtained via their Virginia Fish and Wildlife Information Service's (VAFWIS's) Cold Water Stream Survey database. Basic access to the VAFWIS is available via http://vafwis.org/fwis/. The waters, occurring specifically within the mountains of Virginia, are within the following river basins:

1) Potomac-Shenandoah River Basins 2) James River Basin 3) Roanoke River Basin 4) New River Basin 5) Tennessee and Big Sandy River Basins 6) Rappahannock River Basin

VDGIF recommends the following time-of-year restrictions (TOYRs) for any in-stream work within streams identified as wild trout waters in its Cold Water Stream Survey database. The recommended TOYRs for trout species are:

Brook Trout: October 1 through March 31 Brown Trout: October 1 through March 31 Rainbow Trout: March 15 through May 15

This condition applies to the following counties and cities: Albemarle, Allegheny, Amherst, Augusta, Bath, Bedford, Bland, Botetourt, Bristol, Buchanan, Buena Vista, Carroll, Clarke, Covington, Craig, Dickenson, Floyd, Franklin, Frederick, Giles, Grayson, Greene, Henry, Highland, Lee, Loudoun, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Rappahannock, Roanoke City, Roanoke Co., Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Staunton, Tazewell, Warren, Washington, Waynesboro, Wise, and Wythe. Any discharge of dredged and/or fill material authorized by the NWPs listed above, which would occur in the designated waterways or adjacent wetlands of the specified counties, requires notification to the appropriate Corps of Engineers field office, and written approval from that office prior to performing the work. The Norfolk District recommends that prospective permittees first contact the applicable Norfolk District Field Office, found at this web link: http://www.nao.usace.army.mil/Missions/Regulatory/Contacts.aspx, to determine if the PCN procedures would apply. The notification must be in writing and include the following information (the standard Joint Permit Application may also be used):

Name, address, and telephone number of the prospective permittee. Name, address, email, and telephone number of the property owner. Location of the proposed project. Vicinity map and project drawings on 8.5-inch by 11-inch paper (plan

view, profile, & cross-sectional view). Brief description of the proposed project and the project purpose. Where required by the terms of the nationwide permit, a delineation of

affected special aquatic sites, including wetlands. When all required information is received by the appropriate field office, the Corps will notify the prospective permittee within 45 days whether the project can proceed under the NWP or whether an individual permit is required. If, after reviewing the PCN, the District Commander determines that the proposed activity would have more than minimal individual or cumulative adverse impacts on the aquatic environment or otherwise may be contrary to the public interest, then he/she will either condition the nationwide permit authorization to reduce or eliminate the adverse impacts, or notify the prospective permittee that the activity is not authorized by the NWP and provide instructions on how to seek authorization under an individual permit. If the prospective permittee is not notified otherwise within the 45-day period, the prospective permittee may assume that the project can proceed under the NWP.

7. Conditions Regarding Invasive Species: Plant species listed by the most

current Virginia Department of Conservation and Recreation’s Invasive Alien Plant List shall not be used for re-vegetation for activities authorized by any NWP. The list of invasive plants in Virginia may be found at: http://www.dcr.virginia.gov/natural-heritage/invsppdflist. DCR recommends the use of regional native species for re-vegetation as identified in the DCR Native

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Plants for Conservation, Restoration and Landscaping brochures for the coastal, piedmont and mountain regions http://www.dcr.virginia.gov/natural-heritage/nativeplants#brochure .

8. Conditions Pertaining to Countersinking of Pipes and Culverts: This condition applies to: NWPs 3, 7, 12, 14, 17, 18, 21, 23, 25, 27, 29, 32, 33, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, and 52. NOTE: COUNTERSINKING IS NOT REQUIRED IN TIDAL WATERS. However, replacement pipes/culverts in tidal waters must be installed with invert elevations no higher than the existing pipe/culvert invert elevation, and a new pipe/culvert must be installed with the invert no higher than the stream bottom elevation. For Nontidal Waters: Following consultation with the Virginia Department of Game and Inland Fisheries (VDGIF), the Norfolk District has determined that fish and other aquatic organisms are most likely present in any stream being crossed, in the absence of site-specific evidence to the contrary. Although prospective permittees have the option of providing such evidence, extensive efforts to collect such information is not encouraged, since countersinking will in most cases be required except as outlined in the conditions below. The following conditions will apply in nontidal waters:

a. All pipes: All pipes and culverts placed in streams will be countersunk at both the inlet and outlet ends, unless indicated otherwise by the Norfolk District on a case-by-case basis (see below). Pipes that are 24” or less in diameter shall be countersunk 3” below the natural stream bottom. Pipes that are greater than 24” in diameter shall be countersunk 6” below the natural stream bottom. The countersinking requirement does not apply to bottomless pipes/culverts or pipe arches. All single pipes or culverts (with bottoms) shall be depressed (countersunk) below the natural streambed at both the inlet and outlet of the structure. In sets of multiple pipes or culverts (with bottoms) at least one pipe or culvert shall be depressed (countersunk) at both the inlet and outlet to convey low flows.

b. When countersinking culverts, permittees must ensure reestablishment of a surface water channel (within 15 days post construction) that allows for the movement of aquatic organisms and maintains the same hydrologic regime that was present pre-construction (i.e. the depth of surface water through the permit area should match the upstream and downstream depths). This may require the addition of finer materials to choke the larger stone and/or placement of riprap to allow for a low flow channel.

c. Exemption for extensions and certain maintenance: The requirement to countersink does not apply to extensions of existing pipes or culverts that are not countersunk, or to maintenance to pipes/culverts that does not involve replacing the pipe/culvert (such as repairing cracks, adding material to prevent/correct scour, etc.).

d. Floodplain pipes: The requirement to countersink does not apply to pipes or culverts that are being placed above ordinary high water, such as those placed to allow for floodplain flows. The placement of pipes above ordinary high water is not jurisdictional (provided no fill is discharged into wetlands).

e. Hydraulic opening: Pipes should be adequately sized to allow for the passage of ordinary high water with the countersinking and invert restrictions taken into account.

f. Pipes on bedrock or above existing utility lines: Different procedures will be followed for pipes or culverts to be placed on bedrock or above existing buried utility lines where it is not practicable to relocate the lines, depending on whether the work is for replacement of an existing pipe/culvert or a new pipe/culvert:

i. Replacement of an existing pipe/culvert: Countersinking is not required provided the elevations of the inlet and outlet ends of the replacement pipe/culvert are no higher above the stream bottom than those of the existing pipe/culvert. Documentation (photographic or other evidence) must be maintained in the permittee’s records showing the bedrock condition and the existing inlet and outlet elevations. That documentation will be available to the Norfolk District upon request, but notification or coordination with the Norfolk District is not otherwise required.

ii. A pipe/culvert is being placed in a new location: If the prospective permittee determines that bedrock or an existing buried utility line that is not practicable to relocate prevents countersinking, he/she should evaluate the use of a bottomless pipe/culvert, bottomless utility vault, span (bridge) or other bottomless structure to cross the waterway, and also evaluate alternative locations for the new pipe/culvert that will allow for countersinking. If the prospective permittee determines that neither a bottomless structure nor an alternative location is practicable, then he/she must submit a pre-construction notification (PCN) to the Norfolk District in accordance with General Condition 32 of the NWPs. In addition to the information required by General Condition 32, the prospective permittee must provide documentation of measures evaluated to minimize disruption of the movement of aquatic life as well as documentation of the cost, engineering factors, and site conditions that prohibit countersinking the pipe/culvert. Options that must be considered include partial countersinking (such as less than 3” of countersinking, or countersinking of one end of the pipe), and constructing stone step pools, low rock weirs downstream, or other measures to provide for the movement of aquatic organisms. The PCN must also include photographs documenting site conditions. The prospective permittee may find it helpful to contact the regional fishery biologist for the VDGIF, for recommendations about the measures to be taken to allow for fish movements. When seeking advice from VDGIF, the prospective permittee should provide the VDGIF biologist with all available information such as location, flow rates, stream bottom features, description of proposed pipe(s), slopes, etc. Any recommendations from VDGIF should be included in the PCN. The Norfolk District will notify the prospective permittee whether the proposed work qualifies for the nationwide permit within 45 days of receipt of a complete PCN. NOTE: Blasting of stream bottoms through the use of explosives is not acceptable as a means of providing for countersinking of pipes on bedrock.

g. Pipes on steep terrain: Pipes being placed on steep terrain (slope of 5% or greater) must be countersunk in accordance with the conditions above

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and will in most cases be non-reporting. It is recommended that on slopes greater than 5%, a larger pipe than required be installed to allow for the passage of ordinary high water in order to increase the likelihood that natural velocities can be maintained. There may be situations where countersinking both the inlet and outlet may result in a slope in the pipe that results in flow velocities that cause excessive scour at the outlet and/or prohibit some fish movement. This type of situation could occur on the side of a mountain where falls and drop pools occur along a stream. Should this be the case, or should the prospective permittee not want to countersink the pipe/culvert for other reasons, he/she must submit a PCN to the Norfolk District in accordance with General Condition 32 of the Nationwide Permits. In addition to the information required by General Condition 32, the prospective permittee must provide documentation of measures evaluated to minimize disruption of the movement of aquatic life as well as documentation of the cost, engineering factors, and site conditions that prohibit countersinking the pipe/culvert. The prospective permittee should design the pipe to be placed at a slope as steep as stream characteristics allow, countersink the inlet 3-6”, and implement measures to minimize any disruption of fish movement. These measures can include constructing a stone step/pool structure, preferably using river rock/native stone rather than riprap, constructing low rock weirs to create a pool or pools, or other structures to allow for fish movements in both directions. Stone structures should be designed with sufficient-sized stone to prevent erosion or washout and should include keying-in as appropriate. These structures should be designed both to allow for fish passage and to minimize scour at the outlet. The quantities of fill discharged below ordinary high water necessary to comply with these requirements (i.e., the cubic yards of stone, riprap or other fill placed below the plane of ordinary high water) must be included in project totals. The prospective permittee may find it helpful to contact the regional fishery biologist for the VDGIF for recommendations about the measures to be taken to allow for fish movements. When seeking advice from DGIF, the prospective permittee should provide the DGIF biologist with all available information such as location, flow rates, stream bottom features, description of proposed pipe(s), slopes, etc. Any recommendations from DGIF should be included in the PCN. The Norfolk District will notify the prospective permittee whether the proposed work qualifies for the nationwide permit within 45 days of receipt of a complete PCN.

h. Problems encountered during construction: When a pipe/culvert is being replaced, and the design calls for countersinking at both ends of the pipe/culvert, and during construction it is found that the streambed/banks are on bedrock, a utility line, or other documentable obstacle, then the permittee must stop work and contact the Norfolk District (contact by telephone and/or email is acceptable). The permittee must provide the Norfolk District with specific information concerning site conditions and limitations on countersinking. The Norfolk District will work with the permittee to determine an acceptable plan, taking into consideration the information provided by the permittee, but the permittee should recognize that the Norfolk District could determine that the work will not qualify for a nationwide permit.

i. Emergency pipe replacements: In the case of an emergency situation, such as when a pipe/culvert washes out during a flood, a permittee is encouraged to countersink the replacement pipe at the time of replacement, in accordance with the conditions above. However, if conditions or timeframes do not allow for countersinking, then the pipe can be replaced as it was before the washout, but the permittee will have to come back and replace the pipe/culvert and countersink it in accordance with the guidance above. In other words, the replacement of the washed out pipe is viewed as a temporary repair, and a countersunk replacement should be made at the earliest possible date. The Norfolk District must be notified of all pipes/culverts that are replaced without countersinking at the time that it occurs, even if it is an otherwise non-reporting activity, and must provide the permittee's planned schedule for installing a countersunk replacement (it is acceptable to submit such notification by email). The permittee should anticipate whether bedrock or steep terrain will limit countersinking, and if so, should follow the procedures outlined in (g) and/or (h) above.

9. Conditions for the Repair of Pipes: This condition applies to: NWPs 3, 7, 12, 14, 17, 18, 21, 23, 25, 27, 29, 32, 33, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, and 52. NOTE: COUNTERSINKING IS NOT REQUIRED IN TIDAL WATERS. However, replacement pipes/culverts in tidal waters must be installed with invert elevations no higher than the existing pipe/culvert invert elevation, and a new pipe/culvert must be installed with the invert no higher than the stream bottom elevation. For Nontidal Waters: If any discharge of fill material will occur in conjunction with pipe maintenance, such as concrete being pumped over rebar into an existing deteriorated pipe for stabilization, then the following conditions apply:

a. If the existing pipe or multi-barrel array of pipes are NOT currently countersunk: i. As long as the inlet and outlet invert elevations of at least one

pipe located in the low flow channel are not being altered, and provided that no concrete apron is being constructed, then the work may proceed under the NWP for the other pipes, provided it complies with all other NWP General Conditions, including Condition 9 for Management of Water Flows. In such cases, notification to the Norfolk District Commander is not required, unless specified in the NWP Conditions for other reasons, and the permittee may proceed with the work.

ii. Otherwise, the prospective permittee must submit a pre-construction notification (PCN) to the Norfolk District Commander prior to commencing the activity. For all such projects, the following information should be provided:

1) Photographs of the existing inlet and outlet; 2) A measurement of the degree to which the work will raise the invert elevations of both the inlet and outlet of the existing pipe; 3) The reasons why other methods of pipe maintenance are not practicable (such as metal sleeves or a countersunk pipe replacement);

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4) A vicinity map showing the pipe locations. Depending on the specific case, the Norfolk District may discuss potential fish usage of the waterway with the Virginia Department of Game and Inland Fisheries. The Norfolk District will assess all such pipe repair proposals in accordance with guidelines that can be found under “Pipe Repair Guidelines” at: http://www.nao.usace.army.mil/Missions/Regulatory/GuidanceDocuments.aspx

iii. If the Norfolk District determines that the work qualifies for the NWP, additional conditions will be placed on the verification. Those conditions can be found at the web link above (in item ii).

iv. If the Norfolk District determines that the work does NOT qualify for the NWP, the applicant will be directed to apply for either Regional Permit 01 (applicable only for Virginia Department of Transportation projects) or an Individual Permit. However, it is anticipated that the applicant will still be required to perform the work such that the waterway is not blocked or restricted to a greater degree than its current conditions.

b. If the existing pipe or at least one pipe in the multi-barrel array of pipes IS countersunk and at least one pipe located in the low flow channel will continue to be countersunk, and no concrete aprons are proposed: No PCN to the Norfolk District is required, unless specified in the NWP Conditions for other reasons, and the permittee may proceed with the work.

c. If the existing pipe or at least one pipe in the multi-barrel array of pipes IS countersunk and no pipe will continue to be countersunk in the low flow channel: This work cannot be performed under the NWPs. The prospective permittee must apply for either a Regional Permit 01 (applicable only for VDOT projects) or an Individual Permit. However, it is anticipated that the prospective permittee will still be required to perform the work such that the waterway is not blocked or restricted more so than its current conditions.

d. In emergency situations, if conditions or timeframes do not allow for compliance with the procedure outlined herein, then the pipe can be temporarily repaired to the condition before the washout. If the temporary repair would require a PCN by the above procedures, the permittee must submit the PCN at the earliest practicable date, but no longer than 15 days after the temporary repair.

10. Condition for Impacts Requiring a Mitigation Plan: When a PCN is required, a mitigation plan needs to be submitted when the permanent loss of wetlands exceeds 1/10 acre and/or 300 linear feet of waters of the U.S., unless otherwise stated in the Regional Conditions (see Regional Condition 12).

11. Condition for Temporary Impacts: All temporarily disturbed waters and wetlands must be restored to their pre-construction contours within 12 months of commencing the temporary impacts’ construction. Impacts that will not be restored within 12 months (calculated from the start of the temporary impacts’

construction) will be considered permanent, unless otherwise approved by the Corps, and mitigation may be required. Once restored to their natural contours, soil in these areas must be mechanically loosened to a depth of 12 inches and wetland areas must be seeded or sprigged with appropriate native vegetation (see Regional Condition 7 regarding revegetation).

12. Condition for Transportation Projects Funded in Part or in Total by State or

Federal Funds: For all impacts associated with transportation projects funded in part or in total by local, state or federal funds and requiring a PCN, compensatory mitigation will generally be required for all permanent wetland impacts (including impacts less than 1/10 acre). Therefore, the PCN must include a mitigation plan addressing the proposed compensatory mitigation.

13. Condition for Projects Requiring Coordination Under Section 408: General

Condition 31 of the NWPs requires that prospective permittees submit a pre-construction notification (PCN) if an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a US Army Corps of Engineers (USACE) federally authorized civil works project. For information on the location of Norfolk District projects, prospective permittees are directed to the maps showing the locations of Norfolk District projects located at: http://www.nao.usace.army.mil/Portals/31/docs/regulatory/RPSPdocs/RP-17_Corps_Project_Maps.pdf. If the prospective permittee is uncertain whether the proposed activity might alter or temporarily or permanently occupy or use a Norfolk District federally authorized civil works project, the prospective permittee shall submit a PCN.

14. Utility Line Activities - Conditions Specific to NWP 12:

1. Construction of access roads may not result in more than 1/3 acre of impacts to waters of the United States. 2. A PCN is required for discharges associated with the construction of utility line substations that result in the permanent loss of greater than 5000 square feet of waters of the United States. 3. For utility activities requiring a PCN the prospective permittee shall provide the following information:

a. A map of the entire utility corridor to assist with our completeness determination. The map should include a delineation of all wetlands and waters of the United States within the corridor. Aquatic resource information shall be submitted using the Cowardin Classification System mapping conventions (e.g. PFO, PEM, POW, etc.).

b. An alternatives analysis, which specifically addresses the following: i. Selection of an alignment which avoids and minimizes wetland and stream impacts to the maximum extent practicable. The utility line should make a direct or perpendicular crossing of a stream. Directional drilling should be reviewed as an option. However, the Norfolk District recognizes that in certain areas (e.g. karst areas) directional drilling may not be the environmentally preferred option.

ii. Selection of an alignment which avoids fragmenting large tracts of forested wetlands by routing utility lines outside of forested tracts or on the edges of forested tracts. Consult the Virginia Conservation Vision,

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a GIS analysis for identifying and prioritizing areas of un-fragmented natural cover in Virginia http://www.dcr.virginia.gov/natural-heritage/vaconvision.

iii. Minimizing clearing of wetlands. Grubbing shall be limited to the permanent easement for underground utility lines. Outside of the permanent easement, wetland vegetation shall only be removed at or above the ground surface unless written justification is provided and the impacts are reviewed and approved by the Corps.

iv. For overhead utility lines, allowance of natural succession to restore and maintain the corridor in scrub-shrub wetlands except for a minimum corridor needed for access, to the maximum extent practicable.

v. For buried utility lines, allowance of natural succession to restore the area to tree and scrub/shrub except for a 20-foot wide access corridor, to the maximum extent practicable.

c. Compensatory mitigation may be required for permanent conversion of wetlands within the utility line corridor.

4. For all submerged utility lines across navigable waters of the United States, a location map and cross-sectional view showing the utility line crossing from bank to bank is required. In addition, the location and depth of any Federal Navigation Channels shall be shown in relation to the proposed utility line. In general, all utility lines shall be buried at least six (6) feet below the authorized bottom depth of Federal Navigation Channel and at least three (3) feet below the bottom depth in all subaqueous areas. When circumstances prevent the placement of at least three feet of cover over the line (outside of the Federal Navigation Channel), then written justification and an alternative method must be provided with the notification and the deviation must be reviewed and approved by the Corps. Section 408 permission may be required (see Regional Condition 13 under Section I). 5. Whenever practicable, excavated material shall be placed on a Corps confirmed upland site. However, when this is not practicable, temporary stockpiling is hereby authorized provided that:

a. All excavated material stockpiled in a vegetated wetland area is placed on filter cloth, mats, or some other semi-permeable surface. The material will be stabilized with straw bales, filter cloth, etc. to prevent reentry into any waterway. b. All excavated material must be placed back into the trench to the original contour and all excess excavated material must be completely removed from the wetlands within 30 days after the pipeline has been laid through the wetland areas. Permission must be granted by the District Commander or his authorized representatives if the material is to be stockpiled longer than 30 days.

6. When open-cut trenching in designated anadromous fish use areas or hydrostatic testing of a pipeline involving water withdrawals from tidal waters are proposed, the Corps will coordinate with the NOAA Fisheries Service and/or the Virginia Department of Game and Inland Fisheries. Written verification from this office must be received before performing the proposed work. In most cases, the following time-of-year restrictions (TOYRs) will apply:

James River, below Rt. 17 bridge: No TOYR.

James River, at Jamestown Island (Gray's Creek) downstream to Rt. 17 bridge: TOYR from February 15 through June 15 of any given year. James River, at Jamestown Island upstream to Bosher's Dam: TOYR from February 15 through June 30 of any given year. James River, above Bosher's Dam (including Rivanna River): TOYR from March 15 through June 30 of any given year. Rappahannock River, below Route 360 bridge: TOYR from February 15 through June 15 of any given year. York River, below Route 33 bridge: TOYR from February 15 through June 15 of any given year. Nansemond River: TOYR from February 15 through June 15 of any given year. Elizabeth River: If dredging upstream of the Mid-Town Tunnel on the mainstem and the West Norfolk Bridge (Route 164, Western Freeway) on the Western Branch of the Elizabeth River, then a TOYR is not required. Unless otherwise noted: TOYR from February 15 through June 30 of any given year.

7. Aerial Transmission Lines Crossing Navigable Waters: a. The following minimum clearances are required for aerial electric power transmission lines crossing navigable waters of the United States. These clearances are related to the clearances over the navigable channel provided by existing fixed bridges, or the clearances which would be required by the United States Coast Guard for new fixed bridges, in the vicinity of the proposed aerial transmission line. These clearances are based on the low point of the line under conditions producing the greatest sag, taking into consideration temperature, load, wind, length of span, and

type of supports as outlined in the National Electrical Safety Code:

b. Clearances for communication lines, stream gaging cables, ferry cables, and other aerial crossings must be a minimum of ten feet above clearances

Nominal System Voltage (kV) Minimum additional clearance (ft.) above clearance required for bridges

115 and below 20

138 22

161 24

230 26

350 30

500 35

700 42

750 - 765 45

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required for bridges, unless otherwise specifically authorized by the District Engineer. c. Corps of Engineer regulation ER 1110-2-4401 prescribes minimum vertical clearances for power communication lines over Corps lake projects. In instances where both this regional condition and ER 1110-2-4401 apply, the greater minimum clearance is required.

8. For utility lines landing in Virginia, from the Outer Continental Shelf (OCS), the applicant shall send the PCN to the following federal agencies:

Director, Naval Seafloor Cable Protection Office Naval Facilities Engineering Command 1322 Patterson Ave SE, Suite 1000 Washington DC 20374 Bureau of Ocean Energy Management (BOEM) Atlantic OCS Region 1201 Elmwood Park Blvd. New Orleans, LA 70123-2394.

9. For utility line projects completed by horizontal directional drilling or other boring methods, a plan to address the prevention, containment, and cleanup of sediment or other materials caused by inadvertent returns of drilling fluids to waters of the U.S. through sub-soil fissures or fractures needs to be included with the PCN (if a PCN is required). If an inadvertent return of drilling fluids to waters of the U.S. occurs, and the remediation requires work within waters of the U.S., then the applicant must notify the Corps immediately and submit a remediation plan as soon as possible, regardless of whether a PCN was required for the original work. 10. When an intake is proposed in designated anadromous fish waters, the following design parameters will be incorporated as permit conditions to protect the sensitive life stages of anadromous fish:

a. Screening over the mouth of the intake with mesh size that does not exceed 1mm; b. Intake velocities that do not exceed 0.25 feet per second; c. Intake must be positioned such that an unimpeded flow of water parallel to the screen surface occurs along the entire surface of the screen to take advantage of sweeping velocity.

GENERAL CONDITIONS: Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through

regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

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9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers.

(a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP

activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been

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completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their World Wide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties.

(a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-

construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed.

(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse

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effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.

(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.

(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).

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(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.

(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.

(i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require

documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature:

“When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

_____________________________________________ (Transferee) _____________________________________________ (Date)

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30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:

(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and

(c) The signature of the permittee certifying the completion of the activity and mitigation.

The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification.

(a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed

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activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general

condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination:

(1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.

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(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

DISTRICT ENGINEER’S DECISION:

1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other

mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information:  1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.

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16  

2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31).

SECTION 401 WATER QUALITY CERTIFICATION (4/7/17): The State Water Control Board issued conditional §401 Water Quality Certification for NWP 12 as meeting the requirements of the Virginia Water Protection Permit Regulation, which serves as the Commonwealth’s §401 Water Quality Certification, provided that: (1) the activities are not associated with a surface water withdrawal or the transport of non-potable raw surface water, except for the purpose of hydrostatic testing and when the associated discharges are authorized by a VPDES permit, if required; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62. 1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia; (3) temporary diversions of surface water associated with "pump arounds" during the construction of utility crossings are specifically allowed. COASTAL ZONE MANAGEMENT ACT CONSISTENCY DETERMINATION (4/5/17): Based on the comments submitted by the agencies administering the enforceable policies of the Virginia CZM Program, DEQ concurs that the 2017 NWPs and Virginia Regional Conditions as proposed, are consistent with the Virginia CZM Program provided the following conditions, discussed below, are satisfied: 1) Prior to construction, applicants shall obtain all required permits and approvals for activities to be performed that are applicable to the Virginia CZM Program's enforceable policies, and that applicants adhere to all the conditions contained therein. The Virginia Marine Resources Commission's (VMRC) concurrence of consistency with regard to the fisheries management, subaqueous lands management, wetlands management, and dunes management enforceable policies is based on the recognition that prospective permittees may be required to obtain additional state and/or local approvals from the VMRC and/or the local wetlands board prior to commencement of work in both tidal and nontidal waters under the agency's jurisdiction. Such approvals must precede implementation of the projects. 2) The DEQ Office of Wetlands and Stream Protection (OWSP) has provided §401 Clean Water Act (CWA) Water Quality Certification for the 2017 NWPs and Regional Conditions, applicable to the wetlands management and point source pollution control enforceable policies of the Virginia CZM Program. The activities that qualify for the NWPs must meet the requirements of DEQ's Virginia Water Protection Permit Regulation (9 VAC 25-210-130) and the permittee must abide by the conditions of the NWP. DEQ-OWSP has identified specific NWP exceptions. DEQ will process an individual application for a permit or a certificate or otherwise take action pursuant to 9

VAC 25-210-80 et seq. for those activities covered by an NWPs that have not received blanket §401 CWA Water Quality Certification. The Corps should forward pre-construction notifications to DEQ for applicants that do not comply with or cannot meet the conditions of the §401 CWA Water Quality Certification. Further, the Commonwealth reserves its right to require an individual application for a permit or a certificate or otherwise take action on any specific project that could otherwise be covered under any of the NWPs when it determines on a case-by-case basis that concerns for water quality and the aquatic environment so indicate. In accordance with the Federal Consistency Regulations at 15 CFR Part 930, section 930. 4, this conditional concurrence is based on the applicants demonstrating to the Corps that they have obtained, or will obtain, all necessary authorizations prior to implementing a project which qualifies for a NWP. If the requirements of section 930. 4, sub-paragraphs (a)(1) through (a)(3) are not met, this conditional concurrence becomes an objection under 15 CFR Part 930, section 940.43.

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VIRGINIA DEPARTMENT OF CORRECTIONS Authority for Release of Information 102_F7_3-16

Revision Date: 3/30/11

Authority for Release of Information TO WHOM IT MAY CONCERN:

I hereby authorize any investigator or duly accredited representative of the Department of Corrections bearing this release or a copy thereof, to obtain any information from schools, residential management agents, employers, criminal justice agencies, or individuals relating to my activities. The information may include, but is not limited to, academic, residential, achievement, performance, attendance, personal history, disciplinary, and conviction records. I hereby direct the release of such information upon the request of the bearer.

This release also authorizes the National Personnel Records Center, or other custodian of my military service record, to release any information and/or copies of documents from my military service record. I understand that the information released is for official use by the Department of Corrections and may be disclosed to such third parties as necessary in the fulfillment of official responsibilities.

I hereby release any individual, including records custodians, from any and all liability for damages of whatever kind or nature which may at any time result to me on account of compliance, or any attempts to comply with this authorization. Should there be any questions as to the validity of this release, you may contact me as indicated below.

Signature: (Full Name)

Print Full Name:

Other Names Used: (Include All Maiden and Aliases)

Social Security Number:

Date:

Current Address:

Telephone Number:

Date of Birth:

Sex: Male Female

Furnishing the requested information is voluntary, but failure to provide all or part of the information may result in a lack of further consideration for employment, or in the termination of your employment.

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UNIT PRICES HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

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SECTION 012200 - UNIT PRICES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for unit prices.

B. Related Requirements:

1. Division 01 Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders.

2. Division 01 Section "Quality Requirements" for general testing and inspecting requirements.

1.3 DEFINITIONS

A. Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased.

1.4 PROCEDURES

A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit.

B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor.

D. List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 UNIT PRICE DESCRIPTION

A. Unit Prices

1. Payment for all work performed under the contract shall be included in the lump sums or unit prices shown in the Agreement. All required work, labors, auxiliary materials, traffic control, permits, bond, mobilization, E&S measures, etc. necessary for completion of work specified and ready for use but not specifically listed as a pay item shall be incorporated into the Contractor’s Bid through the Bid items listed.

2. Contractor shall furnish labor and equipment necessary to perform measurements for payment. All measurement shall be made in the presence of and/or approved by the Engineer or his representative.

B. Unit Prices for Sanitary Gravity Sewer Items: the numbering below corresponds with the number for each line item on the bid form.

Measurement and payment shall be made as follows:

1. Site Prep/Mobilization: Furnish all equipment, labor and materials to perform work as defined by the Contract Documents and as determined necessary by the Engineer. Provide all site prep including all temporary utilities, access, traffic control devices, protective devices, site clearing, site grading and disposal of debris. All quantities within this line shall not include work detailed under a separate line item. Unit: Lump Sum

2. Clearing: Provide all materials, equipment and labors to clear existing sewer easement and construction site to the limits described on the Contract Drawings and in the Specifications consisting of cutting trees, removal of debris, grinding of stump to the final grade elevation or removal of stumps where indicated, and site restoration. Clearing will consist of the removal of trees and grinding of stumps within the limits of construction as described in the Contract Documents. All trees and stumps are to be removed within the 20 ft permanent easement. Roots shall be removed in their entirety within the utility trench. Unit: Lump Sum.

3. Erosion and Sediment Control: Provide all temporary E&S controls as required for the Project and as described in the Contract Documents. Unit: Lump Sum

4. Earthwork: Provide all labor and equipment to perform grading of the site in accordance to the details shown on the Contract Drawings and described in the Contract Documents. Remove all excess materials including but not limited to soil, rock and miscellaneous debris to perform excavation, demolition and replacement of the sanitary sewer. All fill material shall be provided by the Contractor. Existing site materials meeting requirements of the specifications may be retained and reused as fill material. Surplus material from Contract II has been stored within the sewer easement to be used as fill material under this Contract for abandonment of the existing gravity interceptor. All

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excess materials (including but not limited to existing stored materials) must be disposed of by the Contractor in a lawful manner. Unit: Lump Sum.

5. Site Restoration: Provide all equipment, materials and labor to return the project site to its original or better condition prior to construction and as detailed on the Contract Drawing and Specifications. This includes but is not limited to removal of all debris, establishing final turf materials, removal of temporary E&S and replacement or repair of any damaged structures, materials or vegetation including resurfacing of roads, sidewalks and driveways where impacted by the Contractor. Unit: Lump Sum.

6. Bypass Pumping: Contractor shall provide all required bypass pumping and sewer isolation necessary to complete work in accordance with the Contract Documents to be included within this unit cost. This includes all incidental materials required to make a full and operable bypass pumping system including but not limited to refueling, surveillance as necessary, testing and regular maintenance of the pumping system. Provision of and operation of all bypass pumping systems required to complete work in accordance with the Contract Documents. The Contractor is required to connect all existing laterals in the field. Note that all existing laterals may not be identified on the project plans. The contractor shall have all utilities marked and identified prior to putting the bypass system online. Unit: Lump Sum.

7. North and South End Tie-ins to Main Interceptor: Furnish the necessary materials and labor to reestablish connection to the existing Sutphin Road Interceptor. At no time should customers’ service be interrupted during this connection. Unit: each connection.

8. Existing Lateral Tie-ins: Furnish the necessary materials and labor to reestablish the existing main sewer laterals to the new Sutphin Interceptor. Unit: each connection.

9. Tributary/Small Stream Crossing: Provide all materials, equipment and labor to provide bank armament to the limits described within the Contract Document and in accordance with details contained within the Contract Documents, namely Standard Rip-Rap Placement Detail on sheet C17. Materials shall include all geotextile fabric, rip-rap and stone as specified for each crossing, and all incidental materials to complete installation. Unit: Each. Measurement: Each completed stream crossing restoration location.

10. Ballasted Swale: Provide all materials, equipment and labor to provide bank armament to the limits described within the Contract Document and in accordance with details contained within the Contract Documents, namely the Cross Drainage Ballasted Swale Detail on sheet C13. Materials shall include all stone as specified to improve the drainage feature crossing the permanent easement. Unit: Each. Measurement: Each completed ballasted swale location.

11. Gravel Diaphragm: Furnish and install gravel diaphragm as shown in the contract Documents along the rerouted section of sewer including but not limited to excavation, dewatering, filter fabric material and rip-rap, site restoration, cleanup, etc. as required to abide by DEQ BMP standards. Refer to the Gravel Diaphragm detail as shown on sheet C16. Unit: linear foot. Measurement: linear length of gravel ditchline parallel to the sanitary sewer.

12. Subsurface Poplar Creek Crossing (excluding pipe and MHs) - STA 36+00: Provide and install new 20” ductile iron (DIP) gravity sewer beneath Poplar Creek as manufactured

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by U.S. Pipe or an equivalent product approved by the Engineer. Contractor shall provide all materials, equipment and labor to complete work in accordance with the requirements of the Contract Documents including temporary creek bypass, excavation, all specified restraints and fittings, bedding, backfill, bank stabilization and rip-rap, site restoration, cleanup, testing, tie in of sewer laterals and bypass pumping required to tie in of laterals, etc., necessary to install sewer pipe and place sewer into full operation. This line item shall include additional work required to perform the Creek crossing; pipe, concrete encasement and manhole cost will be accounted for in other line items. Contractor shall demolish and remove the existing gravity interceptor. Unit: Lump sum.

13. Aerial Poplar Creek Crossing (excluding pipe and MHs) - STA 19+00: Provide new Mech-Lok fully-restrained 20” ductile iron (DIP) gravity sewer as manufactured by U.S. Pipe, Griffin or an equivalent product approved by the Engineer. Contractor shall provide all materials, equipment and labor to complete work in accordance with the requirements of the Contract Documents including temporary Creek bypass, excavation, all specified restraints and fittings, installation and connection to new concrete support piers, bedding, backfill, bank stabilization and rip-rap, site restoration, cleanup, testing, tie in of sewer laterals and bypass pumping required to tie in of laterals, etc., necessary to install sewer pipe and place sewer into full operation. This line item shall include additional work required to perform the aerial crossing; pipe and manhole cost will be accounted for in other line items. Contractor shall demolish and remove the existing gravity interceptor. Unit: Lump sum.

14. Subsurface Poplar Creek Crossing Adjacent to Railroad (excluding pipe and MHs)- STA 1+00 on C12: Provide new 16” ductile iron (DIP) gravity sewer as manufactured by U.S. Pipe or an equivalent product approved by the Engineer. A Sheeting and Shoring Plan must be developed by the contractor and submitted and approved by AECOM and the Engineer prior to commencing work in the railroad right-of-way. Contractor shall provide all materials, equipment and labor to complete work in accordance with the requirements of the Contract Documents including temporary Creek bypass, sheeting and shoring, slope and railroad protection, coordination with Norfolk Southern and AECOM, excavation, all specified restraints and fittings, backfill, bank stabilization and rip-rap, site restoration, cleanup, testing, tie in of sewer laterals and bypass pumping required to tie in of laterals, etc., necessary to install sewer pipe and place sewer into full operation. This line item shall include additional work required to perform the Creek crossing; pipe and manhole cost will be accounted for in other line items. Contractor shall demolish and remove the existing gravity interceptor. Unit: Lump sum.

15, 18, 21. 16”, 18” and 20” DIP Only Sanitary Sewer: Furnish and install new ductile iron gravity sewer pipe of nominal diameter specified including clearing of easement, excavation, existing sewer removal and disposal, bends, bedding, backfill, site restoration, dewatering, cleanup, laterals reconnection, etc., necessary to install sewer pipe. Unit: linear foot. Measurement: Along the centerline of the pipe from center of manhole to center of manhole. Submit tabulated results with requests for payment.

16, 19, 22. 16” DIP/PVC, 18” DIP/PVC, 20” DIP/21” PVC Sanitary Sewer: Furnish and install new ductile iron OR PVC gravity sewer pipe of nominal diameter specified including clearing of easement, excavation, existing sewer removal and disposal, bends, bedding, backfill, site restoration, dewatering, cleanup, laterals reconnection, etc., necessary to install sewer pipe. Contractor shall identify on the bid form which pipe material will be used. Unit:

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linear foot. Measurement: Along the centerline of the pipe from center of manhole to center of manhole. Submit tabulated results with requests for payment.

23. 20” Restrained DIP – STA 19+00: Furnish and install fully restrained Mech-Lok Pipe as

manufactured by US Pipe, Griffin, or approved equal of nominal diameter as specified including clearing of the entire easement width, E&S measures, excavation, bedding, backfill, site restoration, stream restoration including liner and rip-rap in accordance to USACE, cleanup, testing, etc., necessary to install sewer piping. Unit: linear feet. Measurement: Contractor shall measure existing grade along the centerline of sewers between the centerlines of adjacent manholes. Submit tabulated results with requests for payment

17, 20, 24. 28”, 30”, 32” Concrete Encasement: Furnish and install gravity sewer in casing pipe of nominal diameter and material specified on drawing in casing pipe including carrier pipe spacers, straps, closing casing end, tie rods, etc., flushing, testing and completed ready for use. Unit: linear foot. Measurement: casing length plus four foot.

25. 30” Bored Steel Casing: Furnish and install steel casing pipe of nominal diameter as

specified including boring, excavation, backfill, site restoration, etc., complete and ready for use. Unit: linear foot. Measurement: length of casing in place.

26, 27, 28. New Manhole: furnish and install new manhole as specified on drawings including excavation, dewatering, bedding, 48 inch diameter manhole base (or larger as required), slab, riser section, cone, grade rings, steps, pipe openings and boots, bench and channel, install ring and cover (watertight is specified), backfill, restoration, etc., complete and ready for use. Unit: each. Measurement: per 5 FT depth intervals derived from manhole top and its lowest invert.

29. Watertight Manhole Frame and Cover: furnish and install watertight manhole frame and covered as specified in the specifications and as shown on sheet C13. This line item shall account for any additional cost incurred to install a watertight frame and cover in lieu of the standard manhole frame and cover, as included in the manhole line item. Unit: each. Measurement: each watertight frame and cover installed.

30. Manhole Vent: furnish and install new manhole vent in the locations indicated on the plans. Vent shall be installed as shown in the standard details included in the plans. Unit: each. Measurement: each manhole vent installed.

31. Demo/Abandon Existing Manhole: Abandon or demolish the existing manholes as

specified including excavation, demolition, removal, disposal, pipe fill material, soil fill material, site restoration, dewatering, cleanup, etc. If abandoned in place, manholes shall be crushed to 3 feet below the ground surface and backfilled with suitable soil to the surface. Unit: each manhole.

32. Demo/Abandon Existing Sewer: Abandon or demolish the existing gravity sewer as specified including excavation, demolition, removal, disposal, pipe fill material, soil fill material, site restoration, dewatering, cleanup, testing, etc. If abandoned in place, pipe shall be crushed in place and backfilled will suitable soil to the surface, or filled with flowable fill concrete. Unit: Linear Feet. Measurement: Along the centerline of the pipe from center of manhole to center of manhole. Submit tabulated results with requests for payment.

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33, 34, 35. 36”, 42”, 48” RCP Storm Pipe: Provide all materials, equipment and labor to provide

new reinforced concrete gravity storm sewer pipe of diameter and material as indicated within the Contract Documents, including temporary creek bypass, excavation, all specified restraints and fittings, bedding, backfill, site restoration, dewatering, cleanup, etc., necessary to install storm pipe and place storm pipe into full operation. Unit: Linear Feet. Measurement: Along the centerline of the pipe. Submit tabulated results with requests for payment.

C. Unit Prices for Unsuitable Materials Items: Measurement and payment shall be made as follows: 1. Rock Excavation: Project is bid unclassified. Contractor shall receive no additional

payment for rock. Where rock is encountered contractor shall remove an additional six inches below the pipe or eight inches below structures and replace with compacted crushed stone backfilled materials to required grade. The geotechnical investigation performed for this project is included in Section 003132.

2. Unsuitable Subgrade Removal and Replacement: No compensation for additional unsuitable subgrade shall be provided.

3.2 APPLICATIONS FOR PAYMENT

A. Applications for payment shall be made on the form included in this Manual. Contractor shall certify each payment application.

B. Procedure for filling applications shall be as outlined in Section 19 of the General Conditions. Due date of payments shall be as agreed to in the pre-construction conference.

3.3 CLAIMS FOR EXTRA WORK

A. The Engineer may at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event he shall give receipt of the ordered change. Thereafter, the Contractor shall document the basis for the change in Contract Price or time within thirty (30) days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the Owner.

END OF SECTION 012200

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SUBSTITUTION PROCEDURES HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

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SECTION 012500 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

B. Related Requirements: 1. Divisions 012600 “Contract Modification Procedures” for administrative and procedural

requirements for handling and processing Contract modifications. 2. Divisions 016000 “Product Requirements” for requirements for submitting comparable

product submittals for products by listed manufacturers.

1.3 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

1.4 ACTION SUBMITTALS

A. Substitution Requests: Submit each request for consideration to Engineer, identifying product, fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Documentation: Show compliance with requirements for substitutions and the following,

as applicable:

a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.

b. Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution.

c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size,

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durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.

e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and

addresses and names and addresses of engineers and owners. h. Material test reports from a qualified testing agency indicating and interpreting test

results for compliance with requirements indicated. i. Detailed comparison of Contractor's construction schedule using proposed

substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.

j. Cost information, including a proposal of change, if any, in the Contract Sum. k. Contractor's certification that proposed substitution complies with requirements in

the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated.

l. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

2. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

a. Forms of Acceptance: Change Order, Construction Change Directive. b. Use product specified if Engineer does not issue a decision on use of a proposed

substitution within time allocated.

1.5 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

1.6 PROCEDURES

A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.

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PART 2 - PRODUCTS

2.1 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals.

1. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution is consistent with the Contract Documents and will produce indicated results.

b. Requested substitution provides sustainable design characteristics that specified product provided.

c. Substitution request is fully documented and properly submitted. d. Requested substitution will not adversely affect Contractor's construction schedule. e. Requested substitution has received necessary approvals of authorities having

jurisdiction. f. Requested substitution is compatible with other portions of the Work. g. Requested substitution has been coordinated with other portions of the Work. h. Requested substitution provides specified warranty. i. If requested substitution involved more than one contractor, requested substitution

has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

PART 3 - EXECUTION (Not Used)

END OF SECTION 012500

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SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for handling and processing Contract modifications.

B. Related Requirements:

1. Division 01 Section "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award.

1.3 MINOR CHANGES IN THE WORK

A. Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, in writing to Contractor.

1.4 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications.

1. Work Change Proposal Requests issued by Engineer are not instructions either to stop work in progress or to execute the proposed change.

2. Within time specified in Proposal Request or 14 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.

a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of

the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

e. Quotation Form: Use forms acceptable to Engineer.

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Engineer.

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1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.

2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the

change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

6. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified.

7. Proposal Request Form: Use form acceptable to Engineer.

1.5 ADMINISTRATIVE CHANGE ORDERS

A. Unit-Price Adjustment: See Division 01 Section “Unit Prices” for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit-price work.

1.6 CHANGE ORDER PROCEDURES

A. Upon Owner's approval of a work change proposal, Engineer will issue a Change Order for signatures of Owner and Contractor.

1.7 CONSTRUCTION CHANGE DIRECTIVE

A. Work Change Directive: Engineer may issue a Work Change Directive on EJCDC Document C-940 form included in Project Manual. Work Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

1. Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive.

1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012600

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SECTION 012900 - PAYMENT PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment.

B. Related Requirements: 1. Division 01 Section “Unit Prices” for administrative requirements governing the use of

unit prices. 2. Division 01 Section "Contract Modification Procedures" for administrative procedures

for handling changes to the Contract. 3. Division 01 Section "Construction Progress Documentation" for administrative

requirements governing the preparation and submittal of the Contractor's construction schedule.

1.3 DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.

1.4 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. Match payment items with major work activities.

1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following:

a. Application for Payment forms with continuation sheets. b. Submittal schedule. c. Items required to be indicated as separate activities in Contractor's construction

schedule.

2. Submit the schedule of values to Engineer at earliest possible date, but no later than seven days before the date scheduled for submittal of initial Applications for Payment.

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B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section.

1. Identification: Include the following Project identification on the schedule of values:

a. Project name and location. b. Name of Engineer. c. Engineer's project number. d. Contractor's name and address. e. Date of submittal.

2. Arrange the schedule of values in tabular form with separate columns to indicate the

following for each item listed:

a. Related Specification Section or Division. b. Description of the Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-

hundredth percent, adjusted to total 100 percent.

1) Labor. 2) Materials. 3) Equipment.

3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent of the Contract Sum.

a. Include a separate line items under Contractor and principal subcontracts for

Project closeout requirements in an amount totaling five percent of the Contract Sum and subcontract amount.

4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the schedule of values for each part of the Work where

Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.

a. Differentiate between items stored on-site and items stored off-site. If required, include evidence of insurance.

6. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

7. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item.

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a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option.

8. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum.

1.5 APPLICATIONS FOR PAYMENT

A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner.

1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements.

B. Payment Application Times: Submit Application for Payment to Engineer by the 25th of the month. The period covered by each Application for Payment is one month, ending on the last day of the month.

1. Submit draft copy of Application for Payment seven days prior to due date for review by Engineer.

C. Application for Payment Forms: Use forms provided by Owner for Applications for Payment. Sample copies are included in Project Manual.

D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action.

1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made.

2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment.

3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.

4. Indicate separate amounts for work being carried out under Owner-requested project acceleration.

E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored on-site, but not yet installed. Differentiate between items stored on-site and items stored off-site.

1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials.

2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials.

3. Provide summary documentation for stored materials indicating the following:

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a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment.

b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment.

c. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment.

F. Transmittal: Submit four signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required.

1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application.

G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application.

1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item.

2. When an application shows completion of an item, submit conditional final or full waivers.

3. Owner reserves the right to designate which entities involved in the Work must submit waivers.

4. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien.

5. Waiver Forms: Submit executed waivers of lien on forms, acceptable to Owner.

H. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1. Schedule of unit prices. 2. Submittal schedule (preliminary if not final). 3. Copies of building permits. 4. Copies of authorizations and licenses from authorities having jurisdiction for

performance of the work. 5. Initial progress report. 6. Report of preconstruction conference. 7. Certificate of insurance and insurance policies. 8. Performance and payment bonds. 9. Data needed to acquire Owner’s insurance.

I. Application for Payment at Substantial Completion: After Engineer issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.

2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner occupancy of designated portions of the Work.

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J. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following:

1. Evidence of completion of project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof

that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G707, “Consent of Surety to Final Payment”. 5. Final liquidated damages settlement statement.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012900

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PROJECT MANAGEMENT AND COORDINATION HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

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SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following:

1. General coordination procedures. 2. Requests for Information (RFIs). 3. Project meetings.

B. Related Requirements: 1. Section 013200 “Construction Progress Documentation” for preparing and submitting

Contractor’s construction schedule. 2. Section 017300 “Execution” for procedures for coordinating general installation and

field-engineering services, including establishment of benchmarks and control points. 3. Section 017700 “Closeout Procedures” for coordinating closeout of the Contract.

1.3 DEFINITIONS

A. RFI: Request from Owner, Engineer, or Contractor seeking information required by or clarifications of the Contract Documents.

1.4 INFORMATIONAL SUBMITTALS

A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form:

1. Name, address, and telephone number of entity performing subcontract or supplying products.

2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract.

B. Key Personnel Names: Within 15 of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and e-mail addresses. Provide

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names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project.

1.5 GENERAL COORDINATION PROCEDURES

A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.

2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair.

3. Make adequate provisions to accommodate items scheduled for later installation.

B. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste.

1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as Owner's property.

1.6 REQUESTS FOR INFORMATION (RFIs)

A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in writing to the Engineer.

1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response.

2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.

B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate.

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11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI.

12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop

Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

C. RFI Forms: Software-generated form with substantially the same content as indicated above will be acceptable to Engineer.

1. Attachments shall be electronic files in Adobe Acrobat PDF format.

D. Engineer’s Action: Engineer will review each RFI, determine action required, and respond. Allow seven working days for Engineer’s response for each RFI. RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:

a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract

Documents. e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Engineer’s actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs.

2. Engineer’s action may include a request for additional information, in which case Engineer’s time for response will date from time of receipt of additional information.

3. Engineer’s action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures."

a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within 10 days of receipt of the RFI response.

E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log monthly. Software log with not less than the following:

1. Project name. 2. Name and address of Contractor. 3. Name and address of Engineer. 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. 7. Date Engineer’s response was received.

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F. On receipt of Engineer’s action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within five (5) days if Contractor disagrees with response.

1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate.

2. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.

1.7 PROJECT MEETINGS

A. General: Engineer will schedule and conduct meetings and conferences at the Halifax County Service Authority unless otherwise indicated. 1. Attendees: Inform participants and others involved and individuals whose presence is

required, of date and time of each meeting.

B. Preconstruction Conference: Engineer will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Contractor, but no later than 15 days after execution of the Agreement.

1. Conduct the conference to review responsibilities and personnel assignments. 2. Attendees: Authorized representatives of Owner; Contractor and its superintendent;

major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect progress, including the following:

a. Tentative construction schedule. b. Critical work sequencing and long-lead items. c. Designation of key personnel and their duties. d. Lines of communications. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. Preparation of record documents. l. Use of the premises. m. Work restrictions. n. Working hours. o. Responsibility for temporary facilities and controls. p. Procedures for disruptions and shutdowns. q. Parking availability. r. Office, work, and storage areas. s. Equipment deliveries and priorities. t. Security. u. Progress cleaning.

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4. Minutes: Engineer will record and distribute meeting minutes.

C. Project Closeout Conference: Schedule and conduct a project closeout conference, at a time convenient to Owner and Engineer, but no later than 90 days prior to the scheduled date of Substantial Completion.

1. Conduct the conference to review requirements and responsibilities related to Project closeout.

2. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following:

a. Preparation of record documents. b. Procedures required prior to inspection for Substantial Completion and for final

inspection for acceptance. c. Submittal of written warranties. d. Preparation of Contractor's punch list. e. Procedures for processing Applications for Payment at Substantial Completion and

for final payment. f. Submittal procedures. g. Coordination of separate contracts. h. Owner’s partial occupancy requirements. i. Installation of Owner’s furniture, fixtures, and equipment. j. Responsibility for removing temporary facilities and controls.

4. Minutes: Entity conducting meeting will record and distribute meeting minutes.

D. Progress Meetings: Engineer will conduct progress meetings at monthly intervals.

1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Engineer, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

1) Review schedule for next period.

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b. Review present and future needs of each entity present, including the following:

1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Access. 6) Site utilization. 7) Temporary facilities and controls. 8) Progress cleaning. 9) Quality and work standards. 10) Status of correction of deficient items. 11) Field observations. 12) Status of RFIs. 13) Status of proposal requests. 14) Pending changes. 15) Status of Change Orders. 16) Pending claims and disputes. 17) Documentation of information for payment requests.

4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information.

a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013100

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SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following:

1. Contractor's construction schedule. 2. Construction schedule updating reports. 3. Material location reports. 4. Site condition reports. 5. Special reports.

B. Related Requirements: 1. Section 013300 "Submittal Procedures" for submitting schedules and reports. 2. Section 014000 "Quality Requirements" for submitting a schedule of tests and

inspections.

1.3 DEFINITIONS

A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources.

1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times.

2. Predecessor Activity: An activity that logically precedes another activity in the network. 3. Successor Activity: An activity that logically follows another activity in the network.

B. Event: The starting or ending point of an activity.

1.4 INFORMATIONAL SUBMITTALS

A. Format for Submittals: Submit required submittals in the following format:

1. Working electronic copy of schedule file. 2. Paper copies as requested.

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B. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period.

1. Submit a working electronic copy of schedule, using software indicated, and labeled to comply with requirements for submittals. Include type of schedule (initial or updated) and date on label.

C. Construction Schedule Updating Reports: Submit with Applications for Payment.

D. Site Condition Reports: Submit at time of discovery of differing conditions.

E. Special Reports: Submit at time of unusual event.

F. Qualification Data: For scheduling consultant.

1.5 COORDINATION

A. Coordinate Contractor's construction schedule with the schedule of values, list of subcontracts, submittal schedule, progress reports, payment requests, and other required schedules and reports.

1. Secure time commitments for performing critical elements of the Work from entities involved.

2. Coordinate each construction activity in the network with other activities and schedule them in proper logical sequence.

PART 2 - PRODUCTS

2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL

A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of final completion.

1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.

B. Activities: Treat each story or separate area as a separate numbered activity for each main element of the Work. Comply with the following:

1. Activity Duration: Breakdown activities so no activity is longer than 20 days, unless specifically allowed by Engineer.

2. Submittal Review Time: Include review and resubmittal times indicated in Section 013300 "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's construction schedule with submittal schedule.

3. Startup and Testing Time: Include no fewer than 15 days for startup and testing. 4. Substantial Completion: Indicate completion in advance of date established for

Substantial Completion, and allow time for Engineer’s administrative procedures necessary for certification of Substantial Completion.

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5. Punch List and Final Completion: Include not more than 30 days for completion of punch list items and final completion.

C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Work Restrictions: Show the effect of the following items on the schedule:

a. Coordination with existing construction. b. Limitation of continued occupants. c. Uninterruptible services. d. Use of premises restrictions. e. Seasonal variations. f. Environmental control.

2. Construction Areas: Identify each major area of construction for each major portion of the Work. Indicate where each construction activity within a major area must be sequenced or integrated with other construction activities to provide for the following:

a. Structural completion. b. Temporary enclosure and space conditioning. c. Permanent space enclosure. d. Completion of mechanical installation. e. Completion of electrical installation. f. Substantial Completion.

D. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion.

E. Cost Correlation: Superimpose a cost correlation timeline, indicating planned and actual costs. On the line, show planned and actual dollar volume of the Work performed as of planned and actual dates used for preparation of payment requests. 1. See Section 012900 “Payment Procedures” for cost reporting and payment procedures.

F. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. Unresolved issues. 2. Unanswered requests for information. 3. Rejected or unreturned submittals. 4. Notations on returned submittals. 5. Pending modifications affecting the Work and Contract Time.

G. Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished.

H. Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules.

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2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART)

A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-chart-type, Contractor's construction schedule within 30 days of date established for the Notice to Proceed. Base schedule on the startup construction schedule and additional information received since the start of Project.

B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line.

1. For construction activities that require three months or longer to complete, indicate an estimated completion percentage in 10 percent increments within time bar.

2.3 REPORTS

A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at project site. 2. List of separate contractors at project site. 3. Approximate count of personnel at project site. 4. Equipment at project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or

snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events (see special reports). 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Work change directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial completions authorized.

B. Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents.

2.4 SPECIAL REPORTS

A. General: Submit special reports directly to Owner within one day(s) of an occurrence. Distribute copies of report to parties affected by the occurrence.

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B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor’s personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable.

PART 3 - EXECUTION

3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE

A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting.

1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting.

2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations.

3. As the Work progresses, indicate final completion percentage for each activity.

B. Distribution: Distribute copies of approved schedule to Engineer, Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility.

1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the

same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities.

END OF SECTION 013200

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SECTION 013300 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.

B. Related Requirements:

1. Section 012900 "Payment Procedures" for submitting Applications for Payment and the schedule of values.

2. Section 013200 "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule.

3. Section 017839 "Project Record Documents" for submitting record drawings, record specification, and record project data.

1.3 DEFINITIONS

A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals."

B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals."

1.4 ACTION SUBMITTALS

A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Engineer and additional time for handling and reviewing submittals required by those corrections.

1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule.

2. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule.

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a. Submit revised submittal schedule to reflect changes in current status and timing for submittals.

3. Format: Arrange the following information in a tabular format:

a. Scheduled date for first submittal. b. Specification Section number and title. c. Submittal category: Action; informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled date of fabrication. h. Scheduled dates for purchasing. i. Scheduled dates for installation. j. Activity or event number.

1.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS

A. Engineer's Digital Data Files: PDF version of the Contract Drawings is available for Contractor's use in preparing submittals.

B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.

3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.

C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination.

2. Resubmittal Review: Allow 15 days for review of each resubmittal.

D. Electronic and Paper Submittals: Place a permanent label or title block on each submittal item for identification. 1. Indicate name of firm or entity that prepared each submittal on label of title block. 2. Provide a space approximately 6 by 8 inches on label or beside title block to record

Contractor’s review and approval markings and action taken by Engineer. 3. Include the following information for processing and recording action taken:

a. Project name. b. Date. c. Name of Engineer.

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d. Name of Contractor. e. Name of subcontractor. f. Name of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier.

1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A).

i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. l. Other necessary identification.

4. Transmittal for Paper Submittals: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Engineer will discard submittals received from sources other than Contractor. a. Transmittal Form for Paper Submittals: Use CSI Form 12.1A. b. Transmittal Form for Paper Submittals: Provide locations on form for the

following information:

1) Project name. 2) Date. 3) Destination (To:). 4) Source (From:). 5) Name and address of Engineer. 6) Name of Contractor. 7) Name of firm or entity that prepared submittal. 8) Names of subcontractor, manufacturer, and supplier. 9) Category and type of submittal. 10) Submittal purpose and description. 11) Specification Section number and title. 12) Specification paragraph number or drawing designation and generic name

for each of multiple items. 13) Drawing number and detail references, as appropriate. 14) Indication of full or partial submittal. 15) Transmittal number, numbered consecutively. 16) Submittal and transmittal distribution record. 17) Remarks. 18) Signature of transmitter.

E. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor’s letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal.

F. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

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1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of

revision. 3. Resubmit submittals until they are marked with approval notation from Engineer's action

stamp.

G. Retain "Sequential Review" Subparagraph below if required.

H. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Engineer's action stamp.

PART 2 - PRODUCTS

2.1 SUBMITTAL PROCEDURES

A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections.

1. Action Submittals: Submit four paper copies of each submittal unless otherwise indicated. Engineer will return two copies.

2. Informational Submittals: Submit two paper copies of each submittal unless otherwise indicated. Engineer will not return copies.

3. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a notarized statement on original paper copy certificates and certifications

where indicated.

B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable:

a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information.

4. Submit Product Data in the following format: a. Four paper copies of product data unless otherwise indicated. Engineer will return

two copies.

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C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data.

1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:

a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified.

2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm), but no larger than 30 by 42 inches (750 by 1067 mm).

3. Submit Shop Drawings in the following format: a. PDF version is preferable unless otherwise desired by Contractor, in which case

four opaque copies shall be submitted. Engineer will retain two copies; remainder will be returned.

D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed.

1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package.

2. Identification: Attach label on unexposed side of Samples that includes the following:

a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. e. Specification paragraph number and generic name of each item.

E. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form:

1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated.

2. Manufacturer and product name, and model number if applicable. 3. Number and name of room or space. 4. Location within room or space. 5. Submit product schedule in the following format:

a. PDF version is preferable unless otherwise desired by Contractor, in which case four opaque copies shall be submitted. Engineer will retain two copies; remainder will be returned.

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F. Coordination Drawing Submittals: Comply with requirements specified in Section 013100 "Project Management and Coordination."

G. Contractor's Construction Schedule: Comply with requirements specified in Section 013200 "Construction Progress Documentation."

H. Application for Payment and Schedule of Values: Comply with requirements specified in Section 012900 "Payment Procedures."

I. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Section 014000 "Quality Requirements."

J. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Section 017700 "Closeout Procedures."

K. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified.

L. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.

M. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.

N. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.

O. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.

P. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.

Q. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.

R. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:

1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product.

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6. Test procedures and results. 7. Limitations of use.

S. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.

T. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.

U. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers.

PART 3 - EXECUTION

3.1 CONTRACTOR'S REVIEW

A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer.

B. Project Closeout and Maintenance Material Submittals: See requirements in Section 017700 "Closeout Procedures."

C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.

3.2 ENGINEER'S ACTION

A. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or revisions required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action.

B. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party.

C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer.

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D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review.

E. Submittals not required by the Contract Documents may be returned by the Engineer without action.

END OF SECTION 013300

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SECTION 014000 - QUALITY REQUIREMENTS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for quality assurance and quality control.

B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements.

1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products.

2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements.

3. Requirements for Contractor to provide quality-assurance and -control services required by Engineer and Owner.

4. Specific test and inspection requirements are not specified in this Section.

1.3 DEFINITIONS

A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.

B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Engineer.

C. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop.

D. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.

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E. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.

F. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.

1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).

G. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.

1.4 CONFLICTING REQUIREMENTS

A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding.

B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding.

1.5 INFORMATIONAL SUBMITTALS

A. Contractor's Quality-Control Plan: For quality-assurance and quality-control activities and responsibilities.

B. Qualification Data : For Contractor's quality-control personnel.

C. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.

D. Schedule of Tests and Inspections: Prepare in tabular form include the following: 1. Specification Section number and title. 2. Entity responsible for performing tests and inspections. 3. Description of test and inspection. 4. Identification of applicable standards. 5. Identification of test and inspection methods. 6. Number of tests and inspections required. 7. Time schedule or time span for tests and inspections.

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8. Requirements for obtaining samples. 9. Unique characteristics of each quality-control service.

1.6 REPORTS AND DOCUMENTS

A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following:

1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making and witnessing tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and

inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with

the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting.

B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following:

1. Name, address, and telephone number of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with

requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections.

C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following:

1. Name, address, and telephone number of factory-authorized service representative making report.

2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 4. Statement whether conditions, products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections.

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D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work.

1.7 QUALITY ASSURANCE

A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.

B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.

E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.

F. Specialist: Certain specification sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for

specialists.

G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities.

1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. 2. NVLAP: A testing agency accredited according to NIST's National Voluntary

Laboratory Accreditation Program.

H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of

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manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

1.8 QUALITY CONTROL

A. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not.

1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not.

2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services.

3. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed.

4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service.

5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility.

6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.

B. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures."

C. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.

D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.

E. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.

1. Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.

2. Determine the location from which test samples will be taken and in which in-situ tests are conducted.

3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements.

4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor.

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5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work.

6. Do not perform any duties of Contractor.

F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following:

1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and

inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing

agency. 7. Security and protection for samples and for testing and inspecting equipment at Project

site.

G. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting.

1. Schedule times for tests, inspections, obtaining samples, and similar activities.

H. Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar quality-control services required by the Contract Documents. Coordinate and submit concurrently with Contractor’s construction schedule. Update as the Work progresses. 1. Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party

involved in performed of portions of the Work where tests and inspection are required.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 TEST AND INSPECTION LOG

A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following:

1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Engineer. 4. Identification of testing agency or special inspector conducting test or inspection.

B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Engineer's reference during normal working hours.

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3.2 REPAIR AND PROTECTION

A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.

1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution."

B. Protect construction exposed by or for quality-control service activities.

C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.

END OF SECTION 014000

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SECTION 014200 - REFERENCES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 DEFINITIONS

A. General: Basic Contract definitions are included in the Conditions of the Contract.

B. "Approved": When used to convey Engineer's action on Contractor's submittals, applications, and requests, "approved" is limited to Engineer's duties and responsibilities as stated in the Conditions of the Contract.

C. "Directed": A command or instruction by Engineer. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed."

D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated."

E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.

F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.

G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.

H. "Provide": Furnish and install, complete and ready for the intended use.

I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built.

1.3 INDUSTRY STANDARDS

A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.

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B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated.

C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents.

1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source.

1.4 ABBREVIATIONS AND ACRONYMS

A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Thomson Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S."

B. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.

AA Aluminum Association, Inc. (The) (703) 358-2960 www.aluminum.org AASHTO American Association of State Highway and Transportation

Officials (202) 624-5800

www.transportation.org ABMA American Bearing Manufacturers Association (202) 367-1155 www.abma-dc.org ACI American Concrete Institute (248) 848-3700 www.concrete.org ACPA American Concrete Pipe Association (972) 506-7216 www.concrete-pipe.org AGA American Gas Association (202) 824-7000 www.aga.org AGC Associated General Contractors of America (The) (703) 548-3118 www.agc.org AHA American Hardboard Association (Now part of CPA)

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AI Asphalt Institute (859) 288-4960 www.asphaltinstitute.org AIA American Institute of Engineers (The) (800) 242-3837 www.aia.org (202) 626-7300 AISC American Institute of Steel Construction (800) 644-2400 www.aisc.org (312) 670-2400 AISI American Iron and Steel Institute (202) 452-7100 www.steel.org ALCA Associated Landscape Contractors of America (Now PLANET - Professional Landcare Network) ALSC American Lumber Standard Committee, Incorporated (301) 972-1700 www.alsc.org ANSI American National Standards Institute (202) 293-8020 www.ansi.org AOSA Association of Official Seed Analysts, Inc. (405) 780-7372 www.aosaseed.com APA Engineerural Precast Association (239) 454-6989 www.archprecast.org APA APA - The Engineered Wood Association (253) 565-6600 www.apawood.org APA EWS APA - The Engineered Wood Association; Engineered Wood

Systems

(See APA - The Engineered Wood Association) API American Petroleum Institute (202) 682-8000 www.api.org ASCE American Society of Civil Engineers (800) 548-2723 www.asce.org (703) 295-6300 ASCE/SEI American Society of Civil Engineers/Structural Engineering

Institute

(See ASCE) ASME ASME International (800) 843-2763 (American Society of Mechanical Engineers International) (973) 882-1170 www.asme.org ASSE American Society of Sanitary Engineering (440) 835-3040 www.asse-plumbing.org

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ASTM ASTM International (610) 832-9500 (American Society for Testing and Materials International) www.astm.org AWCI Association of the Wall and Ceiling Industry (703) 534-8300 www.awci.org AWCMA American Window Covering Manufacturers Association (Now WCMA) AWI Engineerural Woodwork Institute (571) 323-3636 www.awinet.org AWPA American Wood Protection Association (205) 733-4077 (Formerly: American Wood Preservers' Association) www.awpa.com AWS American Welding Society (800) 443-9353 www.aws.org (305) 443-9353 AWWA American Water Works Association (800) 926-7337 www.awwa.org (303) 794-7711 BHMA Builders Hardware Manufacturers Association (212) 297-2122 www.buildershardware.com BIA Brick Industry Association (The) (703) 620-0010 www.bia.org CISPI Cast Iron Soil Pipe Institute (423) 892-0137 www.cispi.org CLFMI Chain Link Fence Manufacturers Institute (301) 596-2583 www.chainlinkinfo.org CRSI Concrete Reinforcing Steel Institute (847) 517-1200 www.crsi.org CSA CSA International (866) 797-4272 (Formerly: IAS - International Approval Services) (416) 747-4000 www.csa-international.org CSI Construction Specifications Institute (The) (800) 689-2900 www.csinet.org (703) 684-0300 DHI Door and Hardware Institute (703) 222-2010 www.dhi.org EJCDC Engineers Joint Contract Documents Committee (703) 295-5000 www.ejdc.org

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EJMA Expansion Joint Manufacturers Association, Inc. (914) 332-0040 www.ejma.org FM Approvals FM Approvals LLC (781) 762-4300 www.fmglobal.com FSA Fluid Sealing Association (610) 971-4850 www.fluidsealing.com HI Hydraulic Institute (973) 267-9700 www.pumps.org HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood & Veneer Association (703) 435-2900 www.hpva.org ICRI International Concrete Repair Institute, Inc. (847) 827-0830 www.icri.org IEEE Institute of Electrical and Electronics Engineers, Inc. (The) (212) 419-7900 www.ieee.org ISO International Organization for Standardization 41 22 749 01 11 www.iso.ch Available from ANSI (202) 293-8020 www.ansi.org MBMA Metal Building Manufacturers Association (216) 241-7333 www.mbma.com MFMA Metal Framing Manufacturers Association, Inc. (312) 644-6610 www.metalframingmfg.org MH Material Handling (Now MHIA) MHIA Material Handling Industry of America (800) 345-1815 www.mhia.org (704) 676-1190 NAAMM National Association of Engineerural Metal Manufacturers (630) 942-6591 www.naamm.org NCMA National Concrete Masonry Association (703) 713-1900 www.ncma.org NECA National Electrical Contractors Association (301) 657-3110 www.necanet.org

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NEMA National Electrical Manufacturers Association (703) 841-3200 www.nema.org NFPA NFPA (800) 344-3555 (National Fire Protection Association) (617) 770-3000 www.nfpa.org NSF NSF International (800) 673-6275 (National Sanitation Foundation International) (734) 769-8010 www.nsf.org SAE SAE International (877) 606-7323 www.sae.org (724) 776-4841 SDI Steel Door Institute (440) 899-0010 www.steeldoor.org UL Underwriters Laboratories Inc. (877) 854-3577 www.ul.com (847) 272-8800 UNI Uni-Bell PVC Pipe Association (972) 243-3902 www.uni-bell.org

C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.

IAPMO International Association of Plumbing and Mechanical Officials (909) 472-4100 www.iapmo.org ICC International Code Council (888) 422-7233 www.iccsafe.org UBC Uniform Building Code (See ICC)

D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.

CE Army Corps of Engineers (202) 761-0011 www.usace.army.mil CPSC Consumer Product Safety Commission (800) 638-2772 www.cpsc.gov (301) 504-7923 DOC Department of Commerce (202) 482-2000 www.commerce.gov

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EPA

Environmental Protection Agency

(202) 272-0167

www.epa.gov FAA Federal Aviation Administration (866) 835-5322 www.faa.gov FCC Federal Communications Commission (888) 225-5322 www.fcc.gov FDA Food and Drug Administration (888) 463-6332 www.fda.gov HUD Department of Housing and Urban Development (202) 708-1112 www.hud.gov NIST National Institute of Standards and Technology (301) 975-6478 www.nist.gov OSHA Occupational Safety & Health Administration (800) 321-6742 www.osha.gov (202) 693-1999 USDA Department of Agriculture (202) 720-2791 www.usda.gov

E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents.

ADAAG Americans with Disabilities Act (ADA) (800) 872-2253 Engineerural Barriers Act (ABA) (202) 272-0080 Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access-board.gov CFR Code of Federal Regulations (866) 512-1800 Available from Government Printing Office (202) 512-1800 www.gpoaccess.gov/cfr/index.html FED-STD Federal Standard (See FS) FS Federal Specification (215) 697-2664 Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil Available from Defense Standardization Program www.dps.dla.mil

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Available from General Services Administration (202) 619-8925 www.gsa.gov Available from National Institute of Building Sciences (202) 289-7800 www.wbdg.org/ccb FTMS Federal Test Method Standard (See FS) MIL (See MILSPEC) MIL-STD (See MILSPEC)

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 014200

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SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.

B. Related Requirements:

1. Section 011000 "Summary" for work restrictions and limitations on utility interruptions. 2. Section 312319 "Dewatering" for disposal of ground water at Project site.

1.3 USE CHARGES

A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Engineer, testing agencies, and authorities having jurisdiction.

B. Sewer Service: Pay sewer-service use charges for sewer usage by all entities for construction operations.

C. Water Service: Pay water-service use charges for water used by all entities for construction operations.

D. Electric Power Service: Pay electric-power-service use charges for electricity used by all entities for construction operations.

1.4 INFORMATIONAL SUBMITTALS

A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel.

B. Erosion- and Sedimentation-Control Plan: Show compliance with requirements of EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent.

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1.5 QUALITY ASSURANCE

A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.

1.6 PROJECT CONDITIONS

A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Provide fences and barricades and protector devices sufficient to prevent injury to persons or damage to property in accordance with safety requirements of applicable standards, codes, ordinances and insurance agencies.

2.2 TEMPORARY FACILITIES

A. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations.

1. Store combustible materials apart from building.

B. B. Job Trailer: Provide a mobile trailer sized, furnished, and equipped to accommodate Contractor’s personnel, HCSA personnel, records and provide for on-site meetings. 1. Trailer shall include a space for the project Inspector including desk, power supply, and

records storage.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Section 011000 “Summary”.

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B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.

3.2 TEMPORARY UTILITY INSTALLATION

A. General: Install temporary service or connect to existing service.

1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. Make arrangements for and provide temporary equipment and piping necessary to provide an adequate supply of water for construction purposes. Cost shall be paid by the Contractor.

2. The Contractor shall be responsible for proper capping of temporary water service to the approval of Owner and Engineer once work is completed.

B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities.

3.3 SUPPORT FACILITIES INSTALLATION

A. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. Locate temporary roads and paved areas within construction limits indicated on Drawings.

1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust.

B. Temporary Use of Permanent Roads and Paved Areas: Locate temporary roads and paved areas in same location as permanent roads and paved areas. Construct and maintain temporary roads and paved areas adequate for construction operations. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations.

1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas.

2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to Section 312000 "Earth Moving."

3. Recondition base after temporary use, including removing contaminated material, regrading, proofrolling, compacting, and testing.

4. Delay installation of final course of permanent hot-mix asphalt pavement until immediately before Substantial Completion. Repair hot-mix asphalt base-course pavement before installation of final course according to Section 321216 "Asphalt Paving."

C. Traffic Controls: Comply with requirements of authorities having jurisdiction.

1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants.

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3. Keep road surface free of dirt or debris. Any mud or debris deposited on road surface shall be removed by Contractor to the approval of the Engineering or authority having jurisdiction. Road shall be kept open at all times unless approved by VDOT.

D. Parking: Provide temporary parking areas for construction personnel.

E. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water.

1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties or endanger permanent Work or temporary facilities.

2. Remove snow and ice as required to minimize accumulations.

F. Waste Disposal Facilities: Provide waste-collection containers in sized adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with progress cleaning requirements in Section 017300 "Execution."

G. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel.

1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities.

3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION

A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities.

B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.

1. Comply with work restrictions specified in Section 011000 "Summary."

C. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to undisturbed areas and to adjacent properties and walkways, according to requirements of 2003 EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent.

1. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross tree- or plant- protection zones.

2. Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent vegetation has been established.

3. Clean, repair, and restore adjoining properties and roads affected by erosion and sedimentation from Project site during the course of Project.

4. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.

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D. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains.

E. Security Enclosure and Lockup: Install temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. Lock entrances at end of each work day.

F. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.

G. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.

H. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior.

3.5 OPERATION, TERMINATION, AND REMOVAL

A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses.

B. Maintenance: Maintain facilities in good operating condition until removal.

C. Operate Project-identification-sign lighting daily from dusk until 12:00 midnight.

D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs.

2. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction.

3. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures."

END OF SECTION 015000

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SECTION 016000 - PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.

B. Related Requirements: 1. Division 01 Section "Substitution Procedures" for requests for substitutions. 2. Division 01 Section "References" for applicable industry standards for products

specified. 3. Division 01 Section "Closeout Procedures" for submittal of warranties.

1.3 DEFINITIONS

A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature that is current as of date of the Contract Documents.

2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.

3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

1.4 ACTION SUBMITTALS

A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

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1. Include data to indicate compliance with the requirements specified in "Comparable Products" Article.

2. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Engineer will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Engineer does not issue a decision on use of a comparable

product request within time allocated.

1.5 QUALITY ASSURANCE

A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.

1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.

B. Delivery and Handling:

1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces.

2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.

3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.

4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.

C. Storage:

1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight

enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of

installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity,

ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing.

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7. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner’s construction forces. Coordinate location with Owner.

1.7 PRODUCT WARRANTIES

A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.

B. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures."

PART 2 - PRODUCTS

2.1 PRODUCT SELECTION PROCEDURES

A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.

2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.

3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

4. Where products are accompanied by the term "as selected," Engineer will make selection. 5. Descriptive, performance, and reference standard requirements in the Specifications

establish salient characteristics of products. 6. Or Equal: For products specified by name and accompanied by the term "or equal," or

"or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product.

B. Product Selection Procedures:

1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

3. Products:

a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

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b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product.

4. Manufacturers:

a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered unless otherwise indicated.

b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product.

2.2 COMPARABLE PRODUCTS

A. Conditions for Consideration: Engineer will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may return requests without action, except to record noncompliance with these requirements:

1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work.

2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated.

3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and

names and addresses of Engineers and owners, if requested. 5. Samples, if requested.

PART 3 - EXECUTION (Not Used)

END OF SECTION 016000

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SECTION 017300 - EXECUTION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following:

1. Construction layout. 2. Field surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Progress cleaning. 6. Starting and adjusting. 7. Protection of installed construction. 8. Correction of the Work.

B. Related Requirements:

1. Division 01 Section "Summary" for limits on use of Project site. 2. Division 01 Section "Submittal Procedures" for submitting surveys. 3. Division 01 Section “Closeout Procedures” for submitting final property survey with

Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning.

4. Division 02 Section "Selective Structure Demolition" for demolition and removal of selected portions of the utilities.

1.3 DEFINITIONS

A. Cutting: Removal of in-place construction necessary to permit installation or performance of other work.

B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work.

1.4 INFORMATIONAL SUBMITTALS

A. Qualification Data: For land surveyor.

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B. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal.

C. Certified Surveys: Submit two copies signed by land surveyor.

1.5 QUALITY ASSURANCE

A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated.

B. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements.

1. Structural Elements: When cutting and patching structural elements, notify Engineer of locations and details of cutting and await directions from Engineer before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection

2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that result in increased maintenance or decreased operational life or safety.

3. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Engineer’s opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.

C. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding.

D. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment.

PART 2 - PRODUCTS

2.1 MATERIALS

A. General: Comply with requirements specified in other Sections.

B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible.

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1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Engineer for the visual and functional performance of in-place materials.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, irrigation, mechanical and electrical systems, and other construction affecting the Work.

1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities.

2. Furnish location data for work related to Project that must be performed by public utilities serving Project site.

B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations.

1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation.

C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions.

3.2 PREPARATION

A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction.

B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.

C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.

D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control

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of Contractor, submit a request for information to Engineer according to requirements in Division 01 Section "Project Management and Coordination."

3.3 CONSTRUCTION LAYOUT

A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Engineer promptly.

B. General: Engage a land surveyor to lay out the Work using accepted surveying practices.

1. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project.

2. Establish limits on use of Project site. 3. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain

required dimensions. 4. Inform installers of lines and levels to which they must comply. 5. Check the location, level and plumb, of every major element as the Work progresses. 6. Notify Engineer when deviations from required lines and levels exceed allowable

tolerances. 7. Close site surveys with an error of closure equal to or less than the standard established

by authorities having jurisdiction.

C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and rim and invert elevations.

3.4 FIELD ENGINEERING

A. Identification: Owner will identify existing benchmarks, control points, and property corners.

B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations.

1. Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Engineer before proceeding.

2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points.

C. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark.

1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents.

2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work.

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3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition.

D. The following construction staking shall be provided as a minimum scope of services by a licensed surveyor in the Commonwealth of Virginia: 1. Flag for clearing (one time only) 2. Stake force main at 100’ intervals, bends, and air release valve (one time only) 3. Stake center of pump station with offset stakes (one time only) 4. Stake manholes with offset stakes (one time only)

3.5 INSTALLATION

A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated.

1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance

and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.

B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.

C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion.

D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.

E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations.

F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.

G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.

H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions.

1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Engineer.

2. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

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I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.

J. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.

3.6 CUTTING AND PATCHING

A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay.

1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.

B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.

C. Temporary Support: Provide temporary support of work to be cut.

D. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.

E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching according to requirements in Division 01 Section "Summary."

F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas.

G. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations.

1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Division 31

Sections where required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be

removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting.

6. Proceed with patching after construction operations requiring cutting are complete.

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H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable.

1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation.

2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing.

a. Clean piping, conduit, and similar features before applying paint or other finishing materials.

b. Restore damaged pipe covering to its original condition.

I. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces.

3.7 PROGRESS CLEANING

A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.

2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C).

3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations.

a. Use containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors

are working concurrently.

B. Site: Maintain Project site free of waste materials and debris.

C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work.

1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the

entire work area, as appropriate.

D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.

E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.

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F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.

G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls."

H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.

I. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.

3.8 STARTING AND ADJUSTING

A. Coordinate startup and adjusting of equipment and operating components with requirements in Division 01 Section "General Commissioning Requirements."

B. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest.

C. Adjust equipment for proper operation. Adjust operating components for proper operation without binding.

D. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

E. Manufacturer's Field Service: Comply with qualification requirements in Division 01 Section "Quality Requirements."

3.9 PROTECTION OF INSTALLED CONSTRUCTION

A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion.

B. Comply with manufacturer's written instructions for temperature and relative humidity.

END OF SECTION 017300

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SECTION 017700 - CLOSEOUT PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following:

1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. 5. Repair of the Work.

B. Related Requirements: 1. Division 01 Section "Execution" for progress cleaning of Project site. 2. Division 01 Section "Project Record Documents" for submitting record Drawings, record

Specifications, and record Product Data. 3. Divisions 02 through 33 Sections for specific closeout and special cleaning requirements

for the Work in those Sections.

1.3 ACTION SUBMITTALS

A. Product Data: For cleaning agents.

B. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion.

C. Certified List of Incomplete Items: Final submittal at Final Completion.

1.4 SUBSTANTIAL COMPLETION PROCEDURES

A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete.

B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request.

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1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases.

2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information.

3. Submit closeout submittals specified in individual Divisions 02 through 33 Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents.

C. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected.

2. Results of completed inspection will form the basis of requirements for final completion.

1.5 FINAL COMPLETION PROCEDURES

A. Submittals Prior to Final Completion: Before requesting final inspection for determining final completion, complete the following:

1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures."

2. Certified List of Incomplete Items: Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance.

3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements.

B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected.

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1.6 SUBMITTAL OF PROJECT WARRANTIES

A. Time of Submittal: Submit written warranties upon request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty.

B. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual.

1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) paper.

2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer.

3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

PART 3 - EXECUTION

3.1 FINAL CLEANING

A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.

B. Cleaning: 1. Complete the following cleaning operations before requesting inspection for certification

of Substantial Completion for entire Project or for a designated portion of Project:

a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.

b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits.

c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface.

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d. Remove tools, construction equipment, machinery, and surplus material from Project site.

e. Clean exposed exterior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition.

f. Remove labels that are not permanent. g. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. h. Leave Project clean and ready for occupancy.

C. Construction Waste Disposal: Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls."

3.2 REPAIR OF THE WORK

A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion.

B. Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. Restore damaged construction and permanent facilities used during construction to specified condition.

1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other damaged transparent materials.

2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace finishes and surfaces that that already show evidence of repair or restoration.

a. Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification.

3. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity.

4. Replace burned-out bulbs, bulbs noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures.

END OF SECTION 017700

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PROJECT RECORD DOCUMENTS HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

017839 - 1

SECTION 017839 - PROJECT RECORD DOCUMENTS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for project record documents, including the following:

1. Record Drawings.

B. Related Requirements: 1. Division 01 Section "Execution" for final property survey. 2. Division 01 Section "Closeout Procedures" for general closeout procedures. 3. Divisions 02 through 33 Sections for specific requirements for project record documents

of the Work in those Sections.

1.3 CLOSEOUT SUBMITTALS

A. Record Drawings: Comply with the following:

1. Number of Copies: Submit one set(s) of marked-up re-lined record prints.

PART 2 - PRODUCTS

2.1 RECORD DRAWINGS

A. Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings and Shop Drawings, incorporating new and revised drawings as modifications are issued.

1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints.

a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later.

b. Accurately record information in an acceptable drawing technique. c. Record data as soon as possible after obtaining it. d. Record and check the markup before enclosing concealed installations.

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e. Cross-reference record prints to corresponding archive photographic documentation.

2. Content: Types of items requiring marking include, but are not limited to, the following:

a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Locations and depths of underground utilities. d. Revisions to routing of piping and conduits. e. Revisions to electrical circuitry. f. Actual equipment locations. g. Changes made by Change Order or Work Change Directive. h. Changes made following Engineer. i. Details not on the original Contract Drawings. j. Field records for variable and concealed conditions. k. Record information on the Work that is shown only schematically.

3. Mark the Contract Drawings and Shop Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked-up record prints.

4. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location.

5. Mark important additional information that was either shown schematically or omitted from original Drawings.

6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable.

B. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location.

1. Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets.

2. Identification: As follows:

a. Project name. b. Date. c. Designation "PROJECT RECORD DRAWINGS." d. Name of Engineer. e. Name of Contractor.

PART 3 - EXECUTION

3.1 RECORDING AND MAINTENANCE

A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and revisions to project record documents as they occur; do not wait until end of Project.

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B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Engineer's reference during normal working hours.

END OF SECTION 017839

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SELECTIVE DEMOLITION HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

024119 - 1

SECTION 024119 - SELECTIVE DEMOLITION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Demolition and removal of selected portions of structure. 2. Demolition and removal of selected site elements. 3. Salvage of existing items to be reused or recycled. 4. Abandonment of existing sanitary sewer.

B. Related Requirements:

1. Section 011000 "Summary" for restrictions on the use of the premises, Owner-occupancy requirements, and phasing requirements.

2. Section 017300 "Execution" for cutting and patching procedures.

1.3 DEFINITIONS

A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled.

B. Remove and Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner.

C. Remove and Reinstall: Detach items from existing construction, prepare for reuse, and reinstall where indicated.

D. Existing to Remain (abandon): Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.

1.4 MATERIALS OWNERSHIP

A. Unless otherwise indicated, demolition waste becomes property of Contractor.

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1.5 INFORMATIONAL SUBMITTALS

A. Schedule of Selective Demolition Activities: Include in overall project schedule.

B. Inventory: Submit a list of items to be removed and salvaged as required and deliver to Owner prior to start of demolition.

C. Warranties: Documentation indicated that existing warranties are still in effect after completion of selective demolition.

1.6 CLOSEOUT SUBMITTALS

A. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes.

1.7 FIELD CONDITIONS

A. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

B. Notify Engineer of discrepancies between existing conditions and Drawings before proceeding with selective demolition.

C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.

1. Hazardous materials will be removed by Owner before start of the Work. 2. If suspected hazardous materials are encountered, do not disturb; immediately notify

Engineer and Owner. Hazardous materials will be removed by Owner under a separate contract.

D. Storage or sale of removed items or materials on-site is not permitted.

E. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations.

PART 2 - PRODUCTS

2.1 PEFORMANCE REQUIREMENTS

A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241.

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PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that utilities have been disconnected and capped before starting selective demolition operations.

B. Review record documents of existing construction provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in record documents.

C. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required.

D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Engineer.

3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS

A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage.

1. Comply with requirements for existing services/systems interruptions specified in Section 011000 "Summary."

B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished.

1. Owner will arrange to shut off indicated services/systems when requested by Contractor. 2. Arrange to shut off indicated utilities with utility companies. 3. If services/systems are required to be removed, relocated, or abandoned, provide

temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of the facilities.

C. Existing sewer to be abandoned in place. Grout fill inverts to a distance of at least 1.5 times the pipe inside diameter, crush existing manholes to 3 ft. below grade and compact suitable soil to match existing grade condition. Crushed concrete and/or brick reduced to a maximum size of 10 inches may be placed in the bottom of the manholes to serve as final fill material. Manholes that are inaccessible within the railroad right-of-way will be left in place. The following table indicates the abandonment method for the existing manholes:

D.

Existing MH Number Abandonment Method MH-2-128A Crush to 3 ft. below grade MH-2-129 Crush to 3 ft. below grade MH-2-130 Crush to 3 ft. below grade

MH-2-130A Crush to 3 ft. below grade

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MH-2-131 Crush to 3 ft. below grade MH-2-132 Crush to 3 ft. below grade MH-2-133 Crush to 3 ft. below grade MH-2-140 Crush to 3 ft. below grade MH-2-141 Crush to 3 ft. below grade MH-2-142 Crush to 3 ft. below grade

MH-2-142A Crush to 3 ft. below grade MH-2-160 Crush to 3 ft. below grade MH-2-161 Crush to 3 ft. below grade MH-2-162 Crush to 3 ft. below grade MH-2-163 Crush to 3 ft. below grade MH-2-164 Crush to 3 ft. below grade MH-2-165 Crush to 3 ft. below grade MH-2-177 Crush to 3 ft. below grade MH-2-178 Crush to 3 ft. below grade MH-2-179 Crush to 3 ft. below grade MH-2-180 Crush to 3 ft. below grade MH-2-181 Crush to 3 ft. below grade MH-2-182 Crush to 3 ft. below grade MH-2-183 Crush to 3 ft. below grade MH-2-184 Crush to 3 ft. below grade MH-2-185 Crush to 3 ft. below grade MH-2-186 Crush to 3 ft. below grade MH-2-187 Leave in place MH-2-188 Leave in place MH-2-189 Leave in place MH-2-190 Leave in place MH-2-191 Leave in place

MH-2-192 Existing manhole will remain active. Collector line will be extended across Poplar Creek at this location.

MH-2-193 Leave in place MH-2-194 Leave in place MH-2-195 Leave in place MH-2-196 Leave in place MH-2-197 Leave in place MH-2-198 Leave in place MH-2-199 Leave in place MH-2-200 Crush to 3 ft. below grade MH-2-201 Crush to 3 ft. below grade MH-2-202 Crush to 3 ft. below grade MH-2-203 Crush to 3 ft. below grade MH-2-204 Crush to 3 ft. below grade MH-2-205 Crush to 3 ft. below grade MH-2-206 Crush to 3 ft. below grade MH-2-207 Crush to 3 ft. below grade MH-2-208 Crush to 3 ft. below grade MH-2-209 Crush to 3 ft. below grade

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3.3 PREPARATION

A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

1. Comply with requirements for access and protection specified in Section 015000 "Temporary Facilities and Controls."

B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

1. Provide protection to ensure safe passage of people and operating personnel around selective demolition area.

2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and electrical components.

3.4 SELECTIVE DEMOLITION, GENERAL

A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use

cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.

B. Removed and Salvaged Items:

1. Clean salvaged items. 2. Store items in a secure area until delivery to Owner. 3. Transport items to Owner's storage area designated by Owner. 4. Protect items from damage during transport and storage.

C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition.

3.5 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS

A. Concrete: Demolish in small sections. Using power-driven saw, cut concrete to a depth of at least 3/4 inch (19 mm) at junctures with construction to remain. Dislodge concrete from reinforcement at perimeter of areas being demolished, cut reinforcement, and then remove remainder of concrete. Neatly trim openings to dimensions indicated.

B. Masonry: Demolish in small sections. Cut masonry at junctures with construction to remain, using power-driven saw, then remove masonry between saw cuts.

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C. Concrete Slabs-on-Grade: Saw-cut perimeter of area to be demolished, then break up and remove.

3.6 DISPOSAL OF DEMOLISHED MATERIALS

A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill.

1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces

and areas.

B. Burning: Do not burn demolished materials.

C. Disposal: Transport demolished materials off Owner's property and legally dispose of them.

3.7 CLEANING

A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.

3.8 SELECTIVE DEMOLITION SCHEDULE

A. Existing Construction to Be Removed: Select sections of gravity sewer as necessary to install the new upsized sewer.

END OF SECTION 024119

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CAST-IN-PLACE CONCRETE HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

033000 - 1

SECTION 033000 - CAST-IN-PLACE CONCRETE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes cast-in-place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes, for the following: 1. Slabs below grade for packaged metering manhole.

B. Related Sections: 1. Division 31 Section "Earth Moving" for excavation and backfill.

1.3 DEFINITIONS

A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume; subject to compliance with requirements.

1.4 ACTION SUBMITTALS

A. Product Data: For each type of product indicated.

B. Design Mixtures: For each concrete mixture. Submit alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.

C. Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement.

D. Formwork Shop Drawings: Prepared by or under the supervision of a qualified professional engineer detailing fabrication, assembly, and support of formwork.

1. Shoring and Reshoring: Indicate proposed schedule and sequence of stripping formwork, shoring removal, and reshoring installation and removal.

E. Samples: For waterstops.

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1.5 INFORMATIONAL SUBMITTALS

A. Qualification Data: For manufacturer.

B. Material Certificates: For each of the following, signed by manufacturers:

1. Cementitious materials. 2. Admixtures. 3. Form materials and form-release agents. 4. Steel reinforcement and accessories. 5. Waterstops. 6. Curing compounds. 7. Bonding agents. 8. Adhesives. 9. Vapor retarders. 10. Semi-rigid joint filler. 11. Joint filler strips.

C. Material Test Reports: For the following, from a qualified testing agency, indicating compliance with requirements:

1. Aggregates. Include service record data indicating absence of deleterious expansion of concrete due to alkali aggregate reactivity.

D. Field quality-control reports.

1.6 QUALITY ASSURANCE

A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this project and whose work has resulted in construction with a record of successful in service performance.

B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment.

1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete Production Facilities."

C. Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated.

1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program.

2. Personnel performing laboratory tests shall be ACI-Certified Concrete Strength Testing Technician and Concrete Laboratory Testing Technician – Grade I. Testing agency laboratory supervisor shall be an ACI-Certified Concrete Laboratory Testing Technician – Grade II.

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D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer.

E. Samples: For waterstops.

F. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents:

1. ACI 301, "Specifications for Structural Concrete," Sections 1 through 5.

2. ACI 117, “Specifications for Tolerances for Concrete Construction and Materials”.

G. Concrete Testing Service: Engage a qualified independent testing agency to perform material evaluation tests and to design concrete mixtures.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage.

B. Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other contaminants.

PART 2 - PRODUCTS

2.1 FORM-FACING MATERIALS

A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints.

1. Exterior-grade plywood panels, suitable for concrete forms, complying with the DOC PS 1, and as follows: a. Medium-density overlay, Class 1 or better; mill-release agent treated and edge

sealed.

B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit.

C. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch (19 by 19 mm), minimum.

D. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.

1. Formulate form-release agent with rust inhibitor for steel form-facing materials.

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E. Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber-reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal.

1. Furnish units that will leave no corrodible metal closer than 1 inch (25 mm) to the plane of exposed concrete surface.

2. Furnish ties that, when removed, will leave holes no larger than 1 inch (25 mm) in diameter in concrete surface.

2.2 STEEL REINFORCEMENT

A. Steel Bar Mats: ASTM A 184/A 184M, fabricated from ASTM A 615/A 615M, Grade 60 (Grade 420), ASTM A 706/A 706M, deformed bars, assembled with clips.

B. Plain-Steel Wire: ASTM A 82/A 82M, as drawn.

C. Deformed-Steel Wire: ASTM A 496/A 496M.

D. Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, plain, fabricated from as-drawn steel wire into flat sheets.

2.3 REINFORCEMENT ACCESSORIES

A. Joint Dowel Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), plain-steel bars, cut true to length with ends square and free of burrs.

B. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows:

1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected steel wire or CRSI Class 2 stainless-steel bar supports.

2.4 CONCRETE MATERIALS

A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout Project:

1. Portland Cement: ASTM C 150, Type I. a. Fly Ash: ASTM C 618, Class F.

B. Normal-Weight Aggregates: ASTM C 33, Class 4S coarse aggregate or better, graded. Provide aggregates from a single source.

1. Fine Aggregate: Fine aggregate shall comply with ASTM C 33 and as herein specified. Free of materials with deleterious reactivity to alkali in cement.

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a. Composition: Fine aggregate shall be natural sand unless approved otherwise in the mix design by the Engineer. Sand shall have a fineness modulus of not less than 2.50 and not more than 2.90. The variations in fineness modulus shall be limited to 0.20 from the average of all tests.

b. Quality: Fine aggregate shall consist of hard, strong, durable, and uncoated particles. Do not use fine aggregates containing soluble salts or other substances such as iron, sulphides, pyrite, marcasite, or ochre which can cause stains on exposed concrete surfaces. Fine aggregate shall be free of materials with deleterious reactivity to alkali in cement. The following deleterious substances shall not be present in excess of the following indicated amounts:

Percent by Weight Clay lumps 1 Material removed by decantation 3

c. Grading: The grading shall conform to the following requirements:

Total Passing Percent by Weight 3/8 inch sieve 100 No. 4 sieve 95-100 No. 8 sieve 80-100 No. 16 sieve 50-85 No. 30 sieve 25-60 No. 50 sieve 10-30

2. Coarse Aggregate: Coarse aggregate shall comply with ASTM C 33 and as herein

specified.

a. Composition: Coarse aggregate shall be crushed stone or uncrushed gravel suitably processed. Maximum coarse aggregate size shall be 1 inch, nominal.

b. Quality: Coarse aggregate shall consist of hard, strong, durable, and uncoated particles free of adherent coating. It shall contain no vegetable matter, nor soft, friable, thin, or elongated particles in quantities considered deleterious by the Engineer. The following deleterious substances shall not be present in excess of the indicated amounts:

Percent by Weight Soft Fragments 5.0

Clay lumps 0.25 Material removed by decantation 1.0 Other foreign substances 1.0

When the material removed by decantation consists essentially of crusher dirt, the maximum amount permitted may be raised to 1.5%. Coarse aggregate which has disintegrated or weathered badly under exposure conditions similar to those which will be encountered by the work under consideration shall not be used. When crushed stone is used, the crusher shall be equipped with a screening system which will entirely separate the dust from the stone and convey it to a separate bin.

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033000 - 6

Do not use coarse aggregates containing soluble salts or other substances such as iron sulphides, pyrite, marcasite, or ochre which can cause stains on exposed concrete surfaces.

c. Grading: Coarse aggregate shall conform ASTM C 33 size number 57 and to the

following grading requirements:

Total Passing Percent by Weight 1-1/2 inch sieve 100 1 inch sieve 95-100 1/2 inch sieve 25-60 No. 4 sieve 0-10 No. 8 sieve 0-5

C. Water: ASTM C 94 and potable. Clean, not detrimental to concrete and free from deleterious amounts of acids, alkali or organic materials.

2.5 ADMIXTURES

A. Air-Entraining Admixture: ASTM C 260.

B. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride.

1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.

2.6 WATERSTOPS

A. Flexible Rubber Waterstops: CE CRD-C 513, with factory-installed metal eyelets, for embedding in concrete to prevent passage of fluids through joints. Factory fabricate corners, intersections, and directional changes.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work are as follows or equal:

a. Greenstreak. b. Williams Products, Inc.

2. Profile: Ribbed without center bulb. 3. Dimensions: 6 inches by 3/8 inch thick (150 mm by 10 mm thick); nontapered.

B. Self-Expanding Butyl Strip Waterstops: Manufactured rectangular or trapezoidal strip, butyl rubber with sodium bentonite or other hydrophilic polymers, for adhesive bonding to concrete, 3/4 by 1 inch (19 by 25 mm).

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1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work are as follows or equal:

a. Carlisle Coatings & Waterproofing, Inc.; MiraSTOP. b. CETCO; Volclay Waterstop-RX. c. Concrete Sealants Inc.; Conseal CS-231. d. Greenstreak; Swellstop. e. Henry Company, Sealants Division; Hydro-Flex. f. JP Specialties, Inc.; Earth Shield Type 20.

2.7 VAPOR RETARDERS

A. Plastic Vapor Retarder: ASTM E 1745, Class A. Include manufacturer's recommended adhesive or pressure-sensitive tape.

1. Available Products:

a. Fortifiber Corporation; Moistop Ultra A. b. Raven Industries Inc.; Vapor Block 15. c. Stego Industries, LLC; Stego Wrap, 15 mils. d. W.R. Meadows; Perminator, 15 mils.

2.8 CURING MATERIALS

A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work are as follows or equal:

a. Axim Italcementi Group, Inc.; CATEXOL CimFilm. b. BASF Construction Chemicals - Building Systems; Confilm. c. ChemMasters; SprayFilm. d. Conspec by Dayton Superior; Aquafilm. e. Dayton Superior Corporation; Sure Film (J-74). f. Edoco by Dayton Superior; BurkeFilm. g. Euclid Chemical Company (The), an RPM company; Eucobar. h. Kaufman Products, Inc.; Vapor-Aid. i. Lambert Corporation; LAMBCO Skin. j. L&M Construction Chemicals, Inc.; E-CON. k. Meadows, W. R., Inc.; EVAPRE. l. Metalcrete Industries; Waterhold. m. Nox-Crete Products Group; MONOFILM. n. Sika Corporation; SikaFilm. o. SpecChem, LLC; Spec Film. p. Symons by Dayton Superior; Finishing Aid. q. TK Products, Division of Sierra Corporation; TK-2120 TRI-FILM. r. Unitex; PRO-FILM. s. Vexcon Chemicals, Inc.; Certi-Vex Envio Set.

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B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. (305 g/sq. m) when dry.

C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.

D. Water: Potable.

E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work are as follows or equal:

a. Anti-Hydro International, Inc.; AH Curing Compound #2 DR WB. b. BASF Construction Chemicals - Building Systems; Kure 200. c. ChemMasters; Safe-Cure Clear. d. Conspec by Dayton Superior; W.B. Resin Cure. e. Dayton Superior Corporation; Day-Chem Rez Cure (J-11-W). f. Edoco by Dayton Superior; Res X Cure WB. g. Euclid Chemical Company (The), an RPM company; Kurez W VOX;

TAMMSCURE WB 30C. h. Kaufman Products, Inc.; Thinfilm 420. i. Lambert Corporation; AQUA KURE - CLEAR. j. L&M Construction Chemicals, Inc.; L&M Cure R. k. Meadows, W. R., Inc.; 1100-CLEAR. l. Nox-Crete Products Group; Resin Cure E. m. Right Pointe; Clear Water Resin. n. SpecChem, LLC; Spec Rez Clear. o. Symons by Dayton Superior; Resi-Chem Clear. p. TK Products, Division of Sierra Corporation; TK-2519 DC WB. q. Vexcon Chemicals, Inc.; Certi-Vex Enviocure 100.

2.9 RELATED MATERIALS

A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber.

B. Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a Type A shore durometer hardness of 80 per ASTM D 2240.

C. Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene butadiene.

D. Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid curing and bonding to damp surfaces, of class suitable for application temperature and of grade to suit requirements, and as follows:

1. Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete.

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E. High-Strength Epoxy Doweling System: Epoxy doweling system shall consist of an injectable two-part epoxy complying with the requirements of ASTM C881-90, Type IV, Grade 3, Class B and C except gel times. The epoxy doweling system shall be installed according to manufacturer’s instructions.

1. Available Products:

a. Epcon System Ceramic 6 Epoxy Anchor System, ITW Ramset/Red Head. b. Hilti HIT RE 500 Epoxy Anchor System, Hilti Corp. c. Powers Rawl Dowel-Fast System, Powers Fastening, Inc. d. Simpson Epoxy-Tie SET, Simpson Strong-Tie Anchor Systems (Use of SET-PAC

system not allowed).

F. Expansion Wedge Anchors: Expansion Wedge Anchors shall consist of threaded stud bolt body and integral wedge expander, nut, and washer complying with the requirements of Federal Specification FF-S-325 Group II, Type 4, Class I. Anchors shall be made of zinc-plated carbon steel meeting ASTM B633 or Type 304 stainless steel.

1. Available Products:

a. Hilti Kwik Bolt 3 Expansion Anchor, Hilti Corp. b. Powers Rawl Power-Stud, Powers Fastening, Inc. c. Red Head Trubolt Wedge Anchor, ITW Ramset/Red Head d. Simpson Wedge-All Anchor, Simpson Strong-Tie Anchor Systems.

G. Sleeve Anchors: Sleeve Anchors shall consist of threaded stud bolt body with integral full length expanding sleeve, nut, and washer complying with the requirements of Federal Specification FF-S-325 Group II, Type 3, Class 3. Anchors shall be made of zinc-plated carbon steel meeting ASTM B633 or Type 304 stainless steel.

1. Available Products:

a. Hilti HLC Sleeve Anchor, Hilti Corp. b. Powers Rawl Lok-Bolt, Powers Fastening, Inc. c. Red Head Dynabolt Sleeve Anchor, ITW Ramset/Red Head d. Simpson Sleeve-All Sleeve Anchor, Simpson Strong-Tie Anchor Systems.

2.10 REPAIR MATERIALS

A. Repair Overlayment: Cement-based, polymer-modified, self-leveling product that can be applied in thicknesses from 1/4 inch (6.4 mm) and that can be filled in over a scarified surface to match adjacent floor elevations.

1. Cement Binder: ASTM C 150, portland cement or hydraulic or blended hydraulic cement as defined in ASTM C 219.

2. Primer: Product of topping manufacturer recommended for substrate, conditions, and application.

3. Aggregate: Well-graded, washed gravel, 1/8 to 1/4 inch (3.2 to 6 mm) or coarse sand as recommended by topping manufacturer.

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4. Compressive Strength: Not less than 5000 psi (34.5 MPa) at 28 days when tested according to ASTM C 109/C 109M.

2.11 CONCRETE MIXTURES, GENERAL

A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301.

1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based on laboratory trial mixtures.

B. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows: 1. Fly Ash: 20 percent.

C. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement.

D. Admixtures: Use admixtures according to manufacturer's written instructions.

1. Use water-reducing or plasticizing admixture in concrete, as required, for placement and workability.

2. Use water-reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions.

3. Use water-reducing admixture in pumped concrete, concrete for heavy-use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50.

4. Use corrosion-inhibiting admixture in concrete mixtures where indicated.

2.12 CONCRETE MIXTURES FOR BUILDING ELEMENTS

A. Footings: Proportion normal-weight concrete mixture as follows:

1. Minimum Compressive Strength: 4000 psi (27.6 MPa) at 28 days. 2. Maximum Water-Cementitious Materials Ratio: 0.45. 3. Slump Limit: For vibrated concrete: 2 to 3 inches. 4. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch (25-mm)

nominal maximum aggregate size.

B. Foundation Walls: Proportion normal-weight concrete mixture as follows:

1. Minimum Compressive Strength: 4000 psi (27.6 MPa) at 28 days. 2. Maximum Water-Cementitious Materials Ratio: 0.45. 3. Slump Limit: For vibrated concrete: 2 to 3 inches. 4. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch (25-mm)

nominal maximum aggregate size.

C. Slabs-on-Grade: Proportion normal-weight concrete mixture as follows:

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1. Minimum Compressive Strength: 4000 psi (27.6 MPa) at 28 days. 2. Minimum Cementitious Materials Content: 520 lb/cu. yd. (309 kg/cu. m). 3. Slump Limit: 4 inches (100 mm), plus or minus 1 inch (25 mm). 4. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch (25-mm)

nominal maximum aggregate size. 5. Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent.

2.13 FABRICATING REINFORCEMENT

A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."

2.14 CONCRETE MIXING

A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M and ASTM C 1116/C 1116M, and furnish batch ticket information.

1. When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes.

2. Provide one copy of delivery ticket with the following information: Batch weight for each mix component; batch time, concrete plant location, and volume of water withheld (in gallon).

B. Project-Site Mixing: not permitted.

PART 3 - EXECUTION

3.1 FORMWORK

A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads.

B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117.

C. Limit concrete surface irregularities, designated by ACI 347 as abrupt or gradual, as follows:

1. Class A, 1/8 inch (3.2 mm) for smooth-formed finished surfaces. 2. Class B, 1/4 inch (6 mm) for rough-formed finished surfaces.

D. Construct forms tight enough to prevent loss of concrete mortar.

E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical.

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1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material.

F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds.

G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.

H. Chamfer exterior corners and edges of permanently exposed concrete.

I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items.

J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete.

K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment.

L. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions, before placing reinforcement.

3.2 EMBEDDED ITEMS

A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

1. Install anchor rods, accurately located, to elevations required and complying with tolerances in Section 7.5 of AISC's "Code of Standard Practice for Steel Buildings and Bridges."

2. Install dovetail anchor slots in concrete structures as indicated.

3.3 REMOVING AND REUSING FORMS

A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F (10 deg C) for 24 hours after placing concrete. Concrete has to be hard enough to not be damaged by form-removal operations and curing and protection operations need to be maintained.

1. Leave formwork for beam soffits, joists, slabs, and other structural elements that supports weight of concrete in place until concrete has achieved at least 70 percent of its 28-day design compressive strength.

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2. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores.

B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent.

C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Engineer.

3.4 VAPOR RETARDERS

A. Plastic Vapor Retarders: Place, protect and repair vapor retarders according to ASTM E 1643 and manufacturer’s written instructions. Lap joints 6 inches and seal with manufacturer’s recommended tape.

3.5 SHORES AND RESHORES

A. Comply with ACI 318 (ACI 318M) and ACI 301 for design, installation, and removal of shoring and reshoring.

1. Do not remove shoring or reshoring until measurement of slab tolerances is complete.

B. In multistory construction, extend shoring or reshoring over a sufficient number of stories to distribute loads in such a manner that no floor or member will be excessively loaded or will induce tensile stress in concrete members without sufficient steel reinforcement.

C. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection.

3.6 STEEL REINFORCEMENT

A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement.

1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete.

B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce bond to concrete.

C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars.

1. Weld reinforcing bars according to AWS D1.4/D 1.4M, where indicated.

D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.

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E. Install welded wire reinforcement in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.

3.7 JOINTS

A. General: Construct joints true to line with faces perpendicular to surface plane of concrete.

B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Engineer.

1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs.

2. Form keyed joints as indicated. Embed keys at least 1-1/2 inches (38 mm) into concrete. 3. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset

joints in girders a minimum distance of twice the beam width from a beam-girder intersection.

4. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs.

5. Space vertical joints in walls as indicated. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible.

6. Use epoxy-bonding adhesive at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces.

7. Provide waterstops in construction joint as indicated. Install waterstops to form a continuous diaphragm in each joint. Support and protect exposed waterstops during progress of work. Field fabricate joints in waterstops according to manufacturer’s printed instruction.

C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness as follows:

1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch (3.2 mm). Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces.

2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch- (3.2-mm-) wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks.

D. Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated.

1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface unless otherwise indicated.

2. Install joint-filler strips in lengths as long as practicable. Where more than one length is required, lace or clip sections together.

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E. Doweled Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt coat one-half of dowel length to prevent concrete bonding to one side of joint.

3.8 CONCRETE BONDING

A. General: Before depositing new concrete on or against concrete which has set, the existing surfaces shall be thoroughly roughened in a manner to uniformly expose the bonding aggregate. The existing surface shall be cleaned of all laitance, foreign matter, and loose particles.

B. Apply epoxy adhesive bonding agent to roughened concrete surface per the epoxy adhesive manufacturer’s instructions. Handle, store, and mix the epoxy adhesive agent carefully and in compliance with manufacturer’s instructions. Place fresh concrete on bonding agent within allowable time limit set by manufacturer’s instructions.

3.9 WATERSTOPS

A. Flexible Waterstops: Install in construction joints and at other joints indicated to form a continuous diaphragm. Install in longest lengths practicable. Support and protect exposed waterstops during progress of the Work. Field fabricate joints in waterstops according to manufacturer's written instructions.

B. Self-Expanding Strip Waterstops: Install in construction joints and at other locations indicated, according to manufacturer's written instructions, adhesive bonding, mechanically fastening, and firmly pressing into place. Install in longest lengths practicable.

3.10 CONCRETE PLACEMENT

A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed.

B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. 1. Do not add water to concrete after adding high-range water reducing admixtures to

mixture.

C. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation.

1. Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a manner to avoid inclined construction joints.

2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators

vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate.

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D. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete.

1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners.

2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured

surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations.

E. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.

1. When average high and low temperature is expected to fall below 40 deg F (4.4 deg C) for three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301.

2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials.

3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs.

F. Hot-Weather Placement: Comply with ACI 301 and as follows:

1. Maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.

2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas.

3.11 FINISHING FORMED SURFACES

A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. Apply to concrete surfaces not exposed to public view.

B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. Apply to concrete surfaces exposed to public view.

C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent

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formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated.

3.12 FINISHING FLOORS AND SLABS

A. General: Comply with ACI 302.1R recommendations for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces.

B. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and elsewhere as indicated.

1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. Coordinate required final finish with Engineer before application.

3.13 MISCELLANEOUS CONCRETE ITEMS

A. Filling In: Fill in holes and openings left in concrete structures after work of other trades is in place unless otherwise indicated. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work.

B. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by steel-troweling surfaces to a hard, dense finish with corners, intersections, and terminations slightly rounded.

C. Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates from manufacturer furnishing machines and equipment.

3.14 CONCRETE PROTECTING AND CURING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing.

B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period.

D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces.

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E. Cure concrete according to ACI 308.1, by one or a combination of the following methods:

1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials:

a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete

surfaces and edges with 12-inch (300-mm) lap over adjacent absorptive covers.

2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape.

a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor coverings.

b. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive penetrating liquid floor treatments.

c. Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or a curing compound that the manufacturer certifies will not interfere with bonding of floor covering used on Project.

3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period.

4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period.

3.15 GROUT FOR SHAPING BOTTOM OF STRUCTURES

A. Where “Shaping Grout” is indicated for shaping or sloping the bottom of basins, tanks, ditches, and flumes, the “Shaping Grout” shall be a concrete mix containing no coarse aggregate and shall have a minimum 28 day compressive strength of 4,000 psi. Contractor shall proportion, design, and submit “Shaping Grout” mix design for review consistent with the requirements in Section 2 of these specifications.

B. Concrete surfaces to receive grout for shaping or sloping structure bottoms shall be prepared for bonding in accordance with requirements in Section 3.7 of these specifications. “Shaping Grout” shall be placed as shown on the drawings with a troweled finish, unless noted otherwise

3.16 JOINT FILLING

A. Prepare, clean, and install joint filler according to manufacturer's written instructions.

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B. Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint clean and dry.

C. Install semirigid joint filler full depth in saw-cut joints and at least 2 inches (50 mm) deep in formed joints. Overfill joint and trim joint filler flush with top of joint after hardening.

3.17 CONCRETE SURFACE REPAIRS

A. Defective Concrete: Repair and patch defective areas when approved by Engineer. Remove and replace concrete that cannot be repaired and patched to Engineer's approval.

B. Patching Mortar: Mix dry-pack patching mortar, consisting of one part portland cement to two and one-half parts fine aggregate passing a No. 16 (1.18-mm) sieve, using only enough water for handling and placing.

C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning.

1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch (13 mm) in any dimension to solid concrete. Limit cut depth to 3/4 inch (19 mm). Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent.

2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface.

3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Engineer.

D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template.

1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01 inch (0.25 mm) wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions.

2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing

operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete.

4. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch (6 mm) to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface.

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5. Repair defective areas, except random cracks and single holes 1 inch (25 mm) or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least a 3/4-inch (19-mm) clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mixture as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete.

6. Repair random cracks and single holes 1 inch (25 mm) or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours.

E. Perform structural repairs of concrete, subject to Engineer's approval, using epoxy adhesive and patching mortar.

F. Repair materials and installation not specified above may be used, subject to Engineer's approval.

3.18 FIELD QUALITY CONTROL

A. Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and inspections and to submit reports.

B. Inspections:

1. Steel reinforcement placement. 2. Steel reinforcement welding. 3. Headed bolts and studs. 4. Verification of use of required design mixture. 5. Concrete placement, including conveying and depositing. 6. Curing procedures and maintenance of curing temperature. 7. Verification of concrete strength before removal of shores and forms from beams and

slabs.

C. Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements:

1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd. (4 cu. m), but less than 25 cu. yd. (19 cu. m), plus one set for each additional 50 cu. yd. (38 cu. m) or fraction thereof. a. When frequency of testing will provide fewer than five compressive strength tests

for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

2. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete consistency appears to change.

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3. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture.

4. Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is 40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C) and above, and one test for each composite sample.

5. Compression Test Specimens: ASTM C 31/C 31M. a. Cast and field cure one set of four standard cylinder specimens for each composite

sample.

6. Compressive-Strength Tests: ASTM C 39/C 39M; test one set of one laboratory-cured specimen at 7 days and one set of two specimens at 28 days and retain two (2) specimens for later testing at 56 days if the 28 days strength falls below the required specified strength. a. A compressive-strength test shall be the average compressive strength from a set of

two specimens obtained from same composite sample and tested at age indicated.

7. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete.

8. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa).

D. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

E. Strength Evaluation of Concrete Structures: The strength of the concrete structure in-place shall be considered deficient if it fails to comply with any of the requirements which control the strength of the concrete, including the following conditions:

1. Failure to meet compressive strength requirements. 2. Concrete which differs from the required dimensions or locations in such a manner that

reduces strength. 3. Concrete which has been subjected to damaging mechanical disturbances; particularly load

stresses, heavy shock, or excessive vibration. 4. Poor workmanship and quality control which is likely to result in deficient strength.

F. Testing of In-Place Concrete Structure for Strength: When there are compression test results or other evidence that indicate that the in-place concrete structure does not meet strength specification requirements, then the testing agency shall take cores drilled from hardened concrete for compressive strength determination, complying with ASTM C 42 and as follows:

1. Take at least 3 representative cores form each member or area of the in-place concrete structure that has suspect strength, from locations as directed by the Designer.

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2. Test cores in a saturated-surface-dry condition per ACI 318 if the concrete will be wet during the use of the completed structure.

3. Strength of concrete for each series of cores will be considered satisfactory if their average compressive strength is a least 90 percent and no single core is less than 80 percent of the 28 day required compressive strength.

4. Report core test results in writing to the Designer within 24 hours of the tests. Reports of core tests shall contain the project identification name and number, date of coring, date of test, name of concrete testing service, location of test core in the structure, concrete type and class represented by the core sample, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, type of break, direction of applied load to core with respect to horizontal plane of the concrete as placed, and the moisture condition of the core at the time of testing.

G. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

H. Correct deficiencies in the Work that test reports and inspections indicate do not comply with the Contract Documents.

I. Structurally Inadequate In-Place Concrete: If in-place concrete is found to be structurally inadequate based on core tests or by results of non-destructive testing, then the rejected in-place concrete work shall be repaired, or removed and replaced, as directed by the Owner’s Representative.

END OF SECTION 033000

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SITE CLEARING HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

311000 - 1

SECTION 311000 - SITE CLEARING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Protecting existing vegetation to remain. 2. Removing existing vegetation. 3. Clearing and grubbing. 4. Removing above- and below-grade site improvements. 5. Disconnecting, capping or sealing, and abandoning site utilities in place. 6. Temporary erosion and sedimentation control measures.

B. Related Sections:

1. Division 01 Section "Temporary Facilities and Controls" for temporary utility services, construction and support facilities, security and protection facilities, and temporary erosion- and sedimentation-control measures.

2. Division 02 Section "Execution" for field engineering and surveying. 3. Division 02 Section "Selective Demolition" for partial demolition of site elements.

1.3 DEFINITIONS

A. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms.

B. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be subsoil.

C. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in-place surface soil and is the zone where plant roots grow.

D. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings.

E. Vegetation: Trees, shrubs, groundcovers, grass, and other plants.

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1.4 MATERIAL OWNERSHIP

A. Except for stripped topsoil and other materials indicated to be stockpiled or otherwise remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site.

1.5 INFORMATIONAL SUBMITTALS

A. Existing Conditions: Documentation of existing trees and plantings, adjoining construction, and site improvements that establishes preconstruction conditions that might be misconstrued as damage caused by site clearing.

1. Use sufficiently detailed photographs or videotape. 2. Include plans and notations to indicate specific wounds and damage conditions of each

tree or other plants designated to remain.

B. Record Drawings: Identifying and accurately showing locations of capped utilities and other subsurface structural, electrical, and mechanical conditions.

1.6 PROJECT CONDITIONS

A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by Owner or authorities having jurisdiction.

B. Utility Locator Service: Notify Miss Utility for area where Project is located before site clearing.

C. Do not commence site clearing operations until temporary erosion- and sedimentation-control measures are in place.

D. All tree clearing shall be in compliance with the USACE Nationwide Permit.

E. The following practices are prohibited within protection zones:

1. Storage of construction materials, debris, or excavated material. 2. Parking vehicles or equipment. 3. Foot traffic. 4. Erection of sheds or structures. 5. Impoundment of water. 6. Excavation or other digging unless otherwise indicated. 7. Attachment of signs to or wrapping materials around trees or plants unless otherwise

indicated.

F. Do not direct vehicle or equipment exhaust towards protection zones.

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G. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones.

H. Soil Stripping, Handling, and Stockpiling: Perform only when the topsoil is dry or slightly moist.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 312000 "Earth Moving."

PART 3 - EXECUTION

3.1 PREPARATION

A. Protect and maintain benchmarks and survey control points from disturbance during construction.

B. Locate and clearly identify trees, shrubs, and other vegetation to remain. Wrap a 1-inch (25-mm) blue vinyl tie tape flag around each tree trunk at 54 inches (1372 mm) above the ground.

C. Protect existing site improvements to remain from damage during construction.

1. Restore damaged improvements to their original condition, as acceptable to Owner.

3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL

A. Provide temporary erosion- and sedimentation-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to erosion- and sedimentation-control Drawings and requirements of authorities having jurisdiction.

B. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones.

C. Inspect, maintain, and repair erosion- and sedimentation-control measures during construction until permanent vegetation has been established.

D. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.

3.3 EXISTING UTILITIES

A. Owner will arrange for disconnecting and sealing indicated utilities that serve existing structures before site clearing, when requested by Contractor.

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1. Verify that utilities have been disconnected and capped before proceeding with site clearing.

B. Locate, identify, disconnect, and seal or cap utilities indicated to be removed or abandoned in place.

1. Arrange with utility companies to shut off indicated utilities. 2. Owner will arrange to shut off indicated utilities when requested by Contractor.

C. Locate, identify, and disconnect utilities indicated to be abandoned in place.

D. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner’s written permission.

E. Excavate for and remove underground utilities indicated to be removed.

F. Removal of underground utilities is included in earthwork sections and with applicable fire suppression, plumbing, HVAC, electrical, communications, electronic safety and security and utilities sections and Section 024119 "Selective Demolition."

3.4 CLEARING AND GRUBBING

A. Remove obstructions, trees, shrubs, and other vegetation to permit installation of new construction.

1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Grind down stumps and remove roots, obstructions, and debris to a depth of 18 inches

(450 mm) below exposed subgrade. 3. Use only hand methods for grubbing within protection zones. 4. Chip removed tree branches and dispose of off-site.

B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated.

1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm), and compact each layer to a density equal to adjacent original ground.

3.5 TOPSOIL STRIPPING

A. Remove sod and grass before stripping topsoil.

B. Strip topsoil to depth of 6 inches (150 mm) in a manner to prevent intermingling with underlying subsoil or other waste materials.

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1. Remove subsoil and non-soil materials from topsoil, including clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; trash, debris, weeds, roots, and other waste materials.

C. Stockpile topsoil away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water.

1. Limit height of topsoil stockpiles to 72 inches (1800 mm). 2. Do not stockpile topsoil within protection zones. 3. Dispose of surplus topsoil. Surplus topsoil is that which exceeds quantity indicated to be

stockpiled or reused. 4. Stockpile surplus topsoil to allow for respreading deeper topsoil.

3.6 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.

3.7 DISPOSAL OF SURPLUS AND WASTE MATERIALS

A. Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property.

END OF SECTION 311000

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EROSION AND SEDIMENTATION CONTROL HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

311500 - 1

SECTION 311500 – EROSION AND SEDIMENTATION CONTROL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This section includes performing work in accordance with the siltation and erosion control plan on the construction Drawings and the details provided therein, and as described, detailed and required by the VDOT, Virginia Department of Environmental Quality and Recreation Division of Soil and Water Conservation in the most recent edition of the Virginia Erosion and Sediment Control Handbook and/or Land Disturbance Permit if required by the local authority.

B. The Contractor shall be responsible for providing an employee who will be in responsible charge for the erosion and sediment control plan and requirements for the project that is certified by DEQ as a Responsible Land Disturber (RLD). The name of the Contractor’s RLD and copy of his current certification shall be provided to the Owner and Engineer.

C. Details: Erosion & Sediment control measures shown on the drawings are based on an assumed construction method, the Contractor’s selected construction methods may require modification to the details to meet the E&S Requirements. The Contractor is responsible for making any modifications to comply with the land disturbance permit.

1.3 RELATED SECTIONS INCLUDE THE FOLLOWING

A. Division 311000 Section “Site Clearing”.

B. Division 329200 Section “Turf and Grasses”.

1.4 REFERENCES

A. Virginia Erosion and Sediment Control Handbook latest edition.

1.5 JOB CONDITIONS

A. Protection 1. Use all means necessary to protect all materials of this Section before, during and after

installation and to protect all objects designated to remain. 2. In the event of damage, immediately make all repairs and replacements necessary to the

approval of the Engineer and at no additional cost to the Owner.

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1.6 SUBMITTALS

A. Prior to start-up of work, the Contractor must submit to the Engineer all permits required from the proper authorities.

B. Strict compliance with “The Virginia Handbook for Erosion and Sedimentation Control” and Virginia Erosion and Sedimentation Control Regulations must be maintained at all times.

C. Comply with pump manufacturer's written rigging instructions for handling.

D. Temporary Seed Mixture: Provide written notification as to the temporary seed mixture to be used in accordance with Table 3.31 – C (VESCH) (South – appropriate to the time of the year).

PART 2 - PRODUCTS

2.1 SILT FENCE

A. Synthetic fiber fabric shall be a previous sheet of propylene, nylon, polyester or ethylene yarn and shall meet the following minimum requirements.

Sediment Retention Efficiency (%) VDOT-VTM 51-75

Slurry Flow Rate (gal/min/sf) VDOT-VTM 51-0.3

Tensile Strength (lb) ASTM-D-1682-50

2.2 TEMPORARY SEEDING

A. A suitable mixture shall be selected from those listed in Virginia Erosion and Sediment Control Handbook.

2.3 SEED AND MULCH

A. See Section 329200 – Turf and Grasses

2.4 OTHER MATERIALS

A. All other materials, not specifically described but required or desired for a complete and proper installation, shall be as selected by the Contractor subject to the approval of the Engineer.

PART 3 - EXECUTION

3.1 GENERAL

A. Familiarization

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1. Prior to all work of this Section, become thoroughly familiar with the site, the site conditions, and all portions of the Work falling within this Section.

2. Maintain on-site a copy of the Erosion and Sediment Control Plan approved or any approved revisions by VDRC for the project.

3. Maintain all erosion and sediment control structures to be utilized during the life of the Project in compliance with the regulations of the Division of Soil and Water Conservation until vegetative cover is acceptable to the Division’s field personnel and approval acceptance is received.

3.2 SILTATION AND EROSION CONTROL MEASURES

A. Earth berms, gravel weirs, temporary storage basins, vehicle wash racks, temporary vegetation, and all other items for siltation and erosion control shall be constructed as directed by the Engineer or in the locations shown or designated on the plans in accordance with the details provided.

B. The Contractor shall institute the erosion control program as a part of clearing and grubbing, and prior to excavation and rough grading. The initial program shall include, however, is not limited to, the installation of staked straw bales, diversion ditches and/or gravel weirs as shown on the siltation and erosion control plan at the limits of clearing and grubbing where silt-carrying surface water runoff may be diverted and/or filtered prior to leaving the disturbed area.

C. All siltation and erosion control devices installed during the course of construction shall be maintained in proper working order at all times, and shall not be removed until final stabilization of all disturbed areas or at the direction of the Engineer.

D. A gravel diaphragm will be installed parallel to the proposed sewer relocation section. This stormwater management measure will capture stormwater that naturally runs off of the slope, promote infiltration to the soil, provide containment in the void space during rain events, diffuse velocities of existing sheet flow down the slope, and reduce runoff to the Creek. The detail for this BMP is shown on sheet C16.

E. E&S measures utilized in this project are briefly described as follows: 1. Temporary Construction Entrance - Gravel construction entrances will be installed as

shown on the Erosion and Sediment Control Plans to help prevent tracking of mud and silt on existing pavements. Washing, sweeping, etc., as necessary will be required to insure that pavements remain clean per VA E&S Std. 3.02.

2. Temporary Seeding - Will be installed whenever construction schedules do not permit permanent seeding within the optimum seeding dates, as specified in the General Notes or within seven days on areas disturbed that will have no construction activity for 14 days or longer. Install per VA E&S Std. 3.31.

3. Permanent Seeding - Will be installed within the optimum seeding dates, as specified in the General Notes but no more than 7 days after construction activity on a particular portion of the site has temporarily or permanently ceased. The exception to this requirement are the following: where construction activities will resume on a portion of the site within 30 days from when the construction activities ceased; and where the initiation of stabilization measures is precluded by snow cover or frozen ground, in which case, stabilization measures must be initiated as soon as practicable. Install per VA E&S Std. 3.32.

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4. Tree Protection – To be used to ensure the survival of desirable trees where they will be effective for erosion and sediment control, watershed protection, landscape beautification, dust and pollution control, noise reduction, shade and other environmental benefits while the land is being converted from forest to urban-type uses. Contractor shall be knowledgeable of all risks associated with land disturbing activities in the vicinity of existing trees as outlined in VA E&S Std. 3.38.

5. Structural Stream Stabilization – Will be utilized to protect the stream banks from erosion due to flowing water at the aerial crossing locations. Acceptable methods of protection and restoration are outlined in VA E&S Std. 3.23.

6. Vegetative Stream Bank Stabilization – To be used to protect stream banks from erosive forces of flowing water per VA E&S Std. 3.22.

7. Soil Stabilization Blankets and Matting – Will be utilized on slopes and critical areas to avoid and prevent excessive erosion and to stabilize the ground for permanent seeding. Soil stabilization blankets and matting should be checked following rain events for erosion. If any washouts occur, the slope should be repaired and then blankets and matting reinstalled. Annual inspections are adequate once final stabilization is achieved. Install per VA E&S Std. 3.36.

8. Silt Fence - Will be installed as shown on the E&S plan to protect the site and adjoining properties from sediment loading per VA E&S Std. 3.05.

9. Culvert Inlet Protection – Will be installed as shown on the plans to protect the system from sediment loading using stone and/or silt fence to filter water going into a culvert inlet structure per VA E&S Std. 3.08.

3.3 TEMPORARY SEEDING

A. All disturbed areas that have no construction activity for more than 15 days shall be temporarily seeded within seven (7) days. Establish temporary cover for erosion control by seeding and/or mulching. This should be accomplished as soon as rough grading work is done. Permanent stabilization shall be applied to areas that are to be left dormant for more than one year.

B. On all steep slopes, where erosion is probable, hydro seed areas as soon as possible in strict accordance with applicable portions of VDOT standard specifications Section 604, Seeding. Maximum allowable slope to be seeded is 2:1.

3.4 CLEANING OF ROADS AND STREETS

A. The general contractor shall maintain a vehicle wash rack or gravel bed at all vehicles egress areas. All vehicles shall be thoroughly cleaned of mud and silt before leaving the construction site to avoid tracking mud and silt onto roads, streets, and highways. In the event that tracking does occur, the Contractor shall immediately clean the street or road of all debris, mud or silt and shall pay all damages resulting therefrom. A daily survey of the condition of the adjacent streets and roads shall be made and recorded in the field log along with daily cleanup of the streets of the tracking from the site onto roads, alleys, parking lots, and highways.

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3.5 PROTECTION OF STORMWATER SYSTEMS

A. Stormwater structures which will receive runoff from the construction shall be protected from the buildup of mud or silt as outlined by the Virginia Erosion and Sediment Control Handbook or as directed by Engineer.

3.6 CLEAN UP

A. Upon completion of the project, remove all temporary erosion and sedimentation control facilities. Remove from the job site all excess materials, debris, surplus equipment and tools. Leave the site in a neat and orderly condition acceptable to the Engineer.

B. Upon removal of temporary erosion and sedimentation control facilities or the filling of storm basin, perform all required finish grading, seeding, and mulching to obtain finish grades as shown on the Drawings.

3.7 ACCEPTANCE

A. Obtain approval of building official (in writing) of successful completion of erosion control plan.

B. All erosion and sediment control devices installed during the course of construction shall be maintained in proper working order at all times, and shall not be removed until final stabilization of all disturbed areas or at the direction of the Engineer.

END OF SECTION 015400

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EARTH MOVING HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

312000 - 1

SECTION 312000 - EARTH MOVING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Preparing subgrades for walks, pavements and turf and grasses. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for concrete slab-on-grade. 4. Subbase course and base course for asphalt paving. 5. Excavating and backfilling trenches for utilities and pits for buried utility structures.

B. Related Sections: 1. Division 01 Section “Construction Progress Documentation” recording preexcavation and

earth moving progress. 2. Division 01 Section “Temporary Facilities and Controls” for temporary controls, utilities,

and support facilities; also for temporary site fencing if not in another Section. 3. Division 31 Section “Site Clearing” for site stripping, grubbing and removal of above-

and below-grade improvements and utilities. 4. Division 31 Section “Excavation Support and Protection” for shoring, bracing, and sheet

piling of excavations. 5. Division 32 Section “Turf and Grasses” for finish grading in turf and grass areas,

including preparing and placing planting soil for turf areas.

1.3 UNIT PRICES

A. Work of this Section is affected by unit prices for earth moving specified in Section 012200 "Unit Prices."

1.4 DEFINITIONS

A. Backfill: Soil material or controlled low-strength material used to fill an excavation.

1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe.

2. Final Backfill: Backfill placed over initial backfill to fill a trench.

B. Base Course: Aggregate layer placed between the subbase course and hot-mix asphalt paving.

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C. Bedding Course: Aggregate layer placed over the excavated subgrade in a trench before laying pipe.

D. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill.

E. Drainage Course: Aggregate layer supporting the slab-on-grade that also minimizes upward capillary flow of pore water.

F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated.

1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Engineer. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work.

2. Bulk Excavation: Excavation more than 10 feet (3 m) in width and more than 30 feet (9 m) in length.

3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation.

G. Fill: Soil materials used to raise existing grades.

H. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that exceed a standard penetration resistance of 100 blows/2 inches (97 blows/50 mm) when tested by a geotechnical testing agency, according to ASTM D 1586.

I. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface.

J. Subbase Course: Aggregate layer placed between the subgrade and base course for hot-mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or a cement concrete or hot-mix asphalt walk.

K. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil materials.

L. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings.

1.5 ACTION SUBMITTALS

A. Product Data: For each type of the following manufactured products required: 1. Warning tapes for PVS pipe.

B. Samples for Verification: For the following products, in sizes indicated below: 1. Warning Tape: 12 inches (300 mm) long; green for sewer indication.

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1.6 INFORMATIONAL SUBMITTALS

A. Qualification Data: For qualified testing agency.

B. Material Test Reports: For each on-site soil material proposed for fill and backfill as follows:

1. Classification according to ASTM D 2487. 2. Laboratory compaction curve according to ASTM D 698.

1.7 QUALITY ASSURANCE

A. Geotechnical Testing Agency Qualifications: Qualified according to ASTM E 329 and ASTM D 3740 for testing indicated.

1.8 PROJECT CONDITIONS

A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during earth moving operations.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by Owner or authorities having jurisdiction.

B. Utility Locator Service: Notify "Miss Utility" for area where Project is located before beginning earth moving operations.

C. Do not commence earth moving operations until temporary erosion- and sedimentation-control measures, specified in Section 311000 "Site Clearing," are in place.

PART 2 - PRODUCTS

2.1 SOIL MATERIALS

A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations.

B. Satisfactory Soils: Soil Classification Groups GW, GP, GM, SW, SP, CL, ML and SM according to ASTM D 2487, or a combination of these groups; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter.

C. Unsatisfactory Soils: Soil Classification Groups GC, SC, OL, CH, MH, OH, and PT according to ASTM D 2487, or a combination of these groups.

1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction.

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D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve.

E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve.

F. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve.

G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve.

H. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch (37.5-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve.

I. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1-inch (25-mm) sieve and 0 to 5 percent passing a No. 4 (4.75-mm) sieve.

J. Sand: ASTM C 33; fine aggregate.

K. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state.

2.2 ACCESSORIES

A. Detectable Warning Wire: No. 12 Stranded copper wire maximum 600 volts with 15 mils insulation THWN or THHN and UL Listed. Heat shrink coupling shall be provided at every wire splice termination. Wire shall terminate at valve box and manhole lid for operator to connect his detection device.

1. Red: Electric 2. Yellow: Gas, oil, steam, and dangerous materials 3. Orange: Telephone and other communications 4. Blue: Water systems 5. Green: Sewer systems

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 earth moving operations.

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B. Protect and maintain erosion and sedimentation controls during earth moving operations.

C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary protection before placing subsequent materials.

3.2 DEWATERING

A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area.

B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation.

1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches.

3.3 EXPLOSIVES

A. Explosives: Do not use explosives.

3.4 EXCAVATION, GENERAL

A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstruction.

1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials.

2. Remove rock to lines and grades indicated to permit installation of permanent construction without exceeding the following dimensions: a. 24 inches outside of concrete forms other than at footings. b. 12 inches outside concrete forms at footings. c. 6 inches outside of minimum required dimensions of concrete cast against grade. d. Outside dimensions of concrete walls indicated to be cast against rock without

forms or exterior water proofing treatments. e. 6 inches beneath bottom of concrete slabs-on-grade. f. 6 inches beneath pipe in trenches, and the greater of 24 inches wider than pipe or

42 inches wide.

B. Crushed Stone:

1. Definition: Unless stated otherwise, crushed stone shall conform to either ASTM C-33 with gradation number 57 or VDOT Road and Bridge specification with size number 58.

2. Placement: Unless otherwise specified, this material shall be placed and consolidated if necessary to achieve maximum density in place.

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3.5 EXCAVATION FOR STRUCTURES

A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). If applicable, extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections.

1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work.

2. Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1 inch (25 mm). Do not disturb bottom of excavations intended as bearing surfaces.

B. Excavations at Edges of Tree- and Plant-Protection Zones:

1. Excavate by hand to indicated lines, cross sections, elevations, and subgrades. Use narrow-tine spading forks to comb soil and expose roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots.

2. Cut and protect roots according to requirements in Section 015639 "Temporary Tree and Plant Protection."

3.6 EXCAVATION FOR WALKS AND PAVEMENTS

A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades.

3.7 EXCAVATION FOR UTILITY TRENCHES

A. Excavate trenches to indicated gradients, lines, depths, and elevations.

1. Beyond building perimeter, excavate trenches to allow installation of top of pipe below frost line.

B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or conduit unless otherwise indicated.

1. Clearance: 12 inches (300 mm) each side of pipe or conduit.

C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 1. For pipes and conduits less than 6 inches (150 mm) in nominal diameter, hand-excavate

trench bottoms to support pipe and conduit on an undisturbed subgrade. 2. For pipes and conduit 6 inches (150 mm) or larger in nominal diameter, shape bottom of

trench to support bottom 90 degrees of pipe or conduit circumference. Fill depression with tamped sand backfill.

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3. For flat-bottomed, multiple-duct conduit units, hand-excavate trench bottoms to support conduit on an undisturbed subgrade.

4. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course.

D. Pavement Removal and Replacement: If the route of pipe transverse paved areas, the existing pavement shall be removed as little as practical, but shall provide at least 6 inches of undisturbed earth between the excavation and pavement left in place. Cut into pavement shall be made or trimmed to meet straight edges with undamaged pavement left in place. Replacement of pavement will conform to VDOT Road and Bridge Standards.

3.8 SUBGRADE INSPECTION

A. Notify Engineer when excavations have reached required subgrade.

B. If Enginee determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed.

C. Proof-roll subgrade with a pneumatic-tired and loaded 10-wheel, tandem-axle dump truck weighing not less than 15 tons (13.6 tonnes) to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades.

1. Completely proof-roll subgrade in one direction. Limit vehicle speed to 3 mph (5 km/h). 2. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as

determined by Engineer, and replace with compacted backfill or fill as directed.

D. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work.

E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Engineer, without additional compensation.

3.9 UNAUTHORIZED EXCAVATION

A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill, with 28-day compressive strength of 2500 psi (17.2 MPa), may be used when approved by Engineer.

1. Fill unauthorized excavations under other construction, pipe, or conduit as directed by Engineer.

3.10 STORAGE OF SOIL MATERIALS

A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.

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1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees.

3.11 BACKFILL

A. Place and compact backfill in excavations promptly, but not before completing the following:

1. Construction below finish grade including, where applicable and subdrainage. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. 4. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing, and sheeting.

B. Place backfill on subgrades free of mud, frost, snow, or ice.

3.12 UTILITY TRENCH BACKFILL

A. Place backfill on subgrades free of mud, frost, snow, or ice.

B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits.

C. Trenches under Footings: Backfill trenches excavated under footings and within 18 inches (450 mm) of bottom of footings with satisfactory soil; fill with concrete to elevation of bottom of footings. Concrete is specified in Section 033000 "Miscellaneous Cast-in-Place Concrete."

D. Backfill voids with satisfactory soil while removing shoring and bracing.

E. Place and compact initial backfill of satisfactory soil, free of particles larger than 1 inch (25 mm) in any dimension, to a height of 12 inches (300 mm) over the pipe or conduit.

1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing.

F. Place and compact final backfill of satisfactory soil to final subgrade elevation.

G. Install warning tape directly above utilities, 12 inches (300 mm) below finished grade, except 6 inches (150 mm) below subgrade under pavements and slabs.

3.13 SOIL FILL

A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material.

B. Place and compact fill material in layers to required elevations as follows:

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1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under footings and foundations, use engineered fill as shown on drawing.

C. Place soil fill on subgrades free of mud, frost, snow, or ice.

3.14 SOIL MOISTURE CONTROL

A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content.

1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice.

2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight.

3.15 COMPACTION OF SOIL BACKFILLS AND FILLS

A. Place backfill and fill soil materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers.

B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure.

C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698:

1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill soil material at 95 percent.

2. Under walkways, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 92 percent.

3. Under turf or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 85 percent.

4. For utility trenches, compact each layer of initial and final backfill soil material at 85 percent.

3.16 GRADING

A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated.

1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface

tolerances.

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B. Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances:

1. Turf or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Walks: Plus or minus 1 inch (25 mm). 3. Pavements: Plus or minus 1/2 inch (13 mm).

3.17 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS

A. Place subbase course and base course on subgrades free of mud, frost, snow, or ice.

B. On prepared subgrade, place subbase course and base course under pavements and walks as follows: 1. Place base course material over subbase course under hot-mix asphalt pavement. 2. Shape subbase course and base course to required crown elevations and cross-slope

grades. 3. Place subbase course and base course 6 inches (150 mm) or less in compacted thickness

in a single layer. 4. Place subbase course and base course that exceeds 6 inches (150 mm) in compacted

thickness in layers of equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick.

5. Compact subbase course and base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 698.

C. Pavement Shoulders: Place shoulders along edges of subbase course and base course to prevent lateral movement. Construct shoulders, at least 12 inches (300 mm) wide, of satisfactory soil materials and compact simultaneously with each subbase and base layer to not less than 95 percent of maximum dry unit weight according to ASTM D 698.

3.18 DRAINAGE COURSE UNDER CONCRETE SLABS-ON-GRADE

A. Place drainage course on subgrades free of mud, frost, snow, or ice.

B. On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-on-grade as follows:

1. Install subdrainage geotextile on prepared subgrade according to manufacturer's written instructions, overlapping sides and ends.

2. Place drainage course 6 inches (150 mm) or less in compacted thickness in a single layer. 3. Place drainage course that exceeds 6 inches (150 mm) in compacted thickness in layers of

equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick.

4. Compact each layer of drainage course to required cross sections and thicknesses to not less than 95 percent of maximum dry unit weight according to ASTM D 698.

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3.19 FIELD QUALITY CONTROL

A. Testing Agency: Contractor will engage a qualified geotechnical engineering testing agency to perform tests and inspections.

B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earth moving only after test results for previously completed work comply with requirements.

C. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Engineer.

D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at the following locations and frequencies:

1. Paved Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 2000 sq. ft. (186 sq. m) or less of paved area or building slab, but in no case fewer than three tests.

2. Trench Backfill: At each compacted initial and final backfill layer, at least one test for every 150 feet (46 m) or less of trench length, but no fewer than two tests.

E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil materials to depth required; recompact and retest until specified compaction is obtained.

3.20 PROTECTION

A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris.

B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions.

1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and recompact.

C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing.

1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible.

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3.21 DISPOSAL OF SURPLUS AND WASTE MATERIALS

A. Remove surplus satisfactory soil and waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off Owner's property.

END OF SECTION 312000

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SECTION 312319 - DEWATERING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes construction dewatering.

B. Related Sections:

1. Division 01 Section "Construction Progress Documentation" for recording preexisting conditions and dewatering system progress.

2. Division 31 Section "Earth Moving" for excavating, backfilling, site grading, and for site utilities.

3. Division 31 Section "Excavation Support and Protection" for shoring, bracing, and sheet piling of excavations.

1.3 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. Delegated Design: Design dewatering system, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated.

2. Continuously monitor and maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented.

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.

1.4 SUBMITTALS

A. Shop Drawings: For dewatering system. Show arrangement, locations, and details of risers, headers, filters, pumps, power units, and discharge lines; and means of discharge, control of sediment, and disposal of water.

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1. Include layouts of piezometers and flow-measuring devices for monitoring performance of dewatering system.

2. Include a written plan for dewatering operations including control procedures to be adopted if dewatering problems arise.

B. Qualification Data: For qualified Installer.

C. Field quality-control reports.

1.5 QUALITY ASSURANCE

A. Installer Qualifications: An experienced installer that has specialized in design of dewatering systems and dewatering work.

B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning dewatering. Comply with hauling and disposal regulations of authorities having jurisdiction.

1.6 PROJECT CONDITIONS

A. Interruption of Existing Utilities: Do not interrupt any utility serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility according to requirements indicated:

1. Notify Owner no fewer than two days in advance of proposed interruption of utility. 2. Do not proceed with interruption of utility without Owner's written permission.

Project-Site Information: Geotechnical reports from F&R (bores along existing interceptor) and Draper Aden (seismic refraction of relocated section) have only been prepared for the project for information only. The opinions expressed in this report are those of geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by geotechnical engineer. Owner nor Owner’s representative shall be responsible for interpretations or conclusions drawing from this data.

1. Make additional test borings and conduct other exploratory operations necessary for

dewatering. 2. The geotechnical report is included elsewhere in the Project Manual.

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PART 2 - PRODUCTS (Not Used)

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 and 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. Monitor dewatering systems continuously.

E. Promptly repair damages to adjacent facilities caused by dewatering.

F. Protect and maintain temporary erosion and sedimentation controls, which are specified in Division 01 Section "Temporary Facilities and Controls" 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. Before excavating below ground-water level, place system into operation to lower water to specified levels. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed or until dewatering is no longer required.

C. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Install sufficient

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DEWATERING HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

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dewatering equipment to 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.

D. Reduce hydrostatic head in water-bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations.

1. Maintain piezometric water level a minimum of 60 inches (1500 mm) below surface of excavation.

E. 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. Provide sumps, sedimentation tanks, and other flow-control devices as required by authorities having jurisdiction.

F. 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. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner.

1. Remove dewatering system from Project site on completion of dewatering. Plug or fill well holes with sand or cut off and cap wells a minimum of 36 inches (900 mm) below overlying construction.

G. Damages: Promptly repair damages to adjacent facilities caused by dewatering operations.

END OF SECTION 312319

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EXCAVATION SUPPORT AND PROTECTION HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

315000 - 1

SECTION 315000 - EXCAVATION SUPPORT AND PROTECTION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes temporary excavation support and protection systems.

B. Related Sections:

1. Division 01 Section "Construction Progress Documentation" for recording preexisting conditions and excavation support and protection system progress.

2. Division 01 Section "Temporary Facilities and Controls" for temporary utilities and support facilities.

3. Division 31 Section "Dewatering" for dewatering system for excavations.

1.3 PERFORMANCE REQUIREMENTS

A. Design, furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads.

1. Delegated Design: Design excavation support and protection system, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated.

2. Prevent surface water from entering excavations by grading, dikes, or other means. 3. Install excavation support and protection systems without damaging existing buildings,

structures, and site improvements adjacent to excavation. 4. Monitor vibrations, settlements, and movements.

1.4 SUBMITTALS

A. Shop Drawings: For excavation support and protection system.

B. Delegated-Design Submittal: For excavation support and protection system indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.

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EXCAVATION SUPPORT AND PROTECTION HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

315000 - 2

1.5 PROJECT CONDITIONS

A. Interruption of Existing Utilities: Do not interrupt any utility serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility according to requirements indicated:

1. Notify Owner no fewer than two days in advance of proposed interruption of utility. 2. Do not proceed with interruption of utility without Owner's written permission.

B. Project-Site Information: the geotechnical report is included in Division 0 for reference by the Contractor.

C. The Contractor must submit a Sheeting and Shoring plan to Dewberry and Norfolk Southern for approval prior to excavating in the railroad right-of-way. Abide by requirements listed in the permit. Coordinate with Owner and Engineer for additional information regarding coordination with Norfolk Southern.

PART 2 - PRODUCTS

2.1 MATERIALS

A. General: Provide materials that are either new or in serviceable condition.

B. Structural Steel: ASTM A 36/A 36M, ASTM A 690/A 690M, or ASTM A 992/A 992M.

C. Steel Sheet Piling: ASTM A 328/A 328M, ASTM A 572/A 572M, or ASTM A 690/A 690M; with continuous interlocks.

1. Corners: Roll-formed corner shape with continuous interlock.

D. Wood Lagging: Lumber, mixed hardwood, nominal rough thickness of size and strength required for application.

E. Shotcrete: Comply with Division 03 Section "Shotcrete" for shotcrete materials and mixes, reinforcement, and shotcrete application.

F. Cast-in-Place Concrete: ACI 301, of compressive strength required for application.

G. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed.

H. Tiebacks: Steel bars, ASTM A 722/A 722M.

I. Tiebacks: Steel strand, ASTM A 416/A 416M.

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315000 - 3

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 that could develop during excavation support and protection system operations.

1. Shore, support, and protect utilities encountered.

B. Install excavation support and protection systems 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. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces are not impeded.

D. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable.

E. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems.

3.2 SOLDIER PILES AND LAGGING

A. Install steel soldier piles before starting excavation. Extend soldier piles below excavation grade level to depths adequate to prevent lateral movement. Space soldier piles at regular intervals not to exceed allowable flexural strength of wood lagging. Accurately align exposed faces of flanges to vary not more than 2 inches (50 mm) from a horizontal line and not more than 1:120 out of vertical alignment.

B. Install wood lagging within flanges of soldier piles as excavation proceeds. Trim excavation as required to install lagging. Fill voids behind lagging with soil, and compact.

C. Install wales horizontally at locations indicated on Drawings and secure to soldier piles.

3.3 SHEET PILING

A. Before starting excavation, install one-piece sheet piling lengths and tightly interlock to form a continuous barrier. Accurately place the piling, using templates and guide frames unless otherwise recommended in writing by the sheet piling manufacturer. Limit vertical offset of adjacent sheet piling to 60 inches (1500 mm). Accurately align exposed faces of sheet piling to

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EXCAVATION SUPPORT AND PROTECTION HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

315000 - 4

vary not more than 2 inches (50 mm) from a horizontal line and not more than 1:120 out of vertical alignment. Cut tops of sheet piling to uniform elevation at top of excavation.

3.4 TIEBACKS

A. Tiebacks: Drill, install, grout, and tension tiebacks. Test load-carrying capacity of each tieback and replace and retest deficient tiebacks.

1. Test loading shall be observed by a qualified professional engineer responsible for design of excavation support and protection system.

2. Maintain tiebacks in place until permanent construction is able to withstand lateral soil and hydrostatic pressures.

3.5 BRACING

A. Bracing: Locate bracing to clear columns, floor framing construction, and other permanent work. If necessary to move brace, install new bracing before removing original brace.

1. Do not place bracing where it will be cast into or included in permanent concrete work unless otherwise approved by Engineer.

2. Install internal bracing, if required, to prevent spreading or distortion of braced frames. 3. Maintain bracing until structural elements are supported by other bracing or until

permanent construction is able to withstand lateral earth and hydrostatic pressures.

3.6 REMOVAL AND REPAIRS

A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities.

1. Remove excavation support and protection systems to a minimum depth of 48 inches (1200 mm) below overlaying construction and abandon remainder.

2. Fill voids immediately with approved backfill compacted to density specified in Division 31 Section "Earth Moving."

3. Repair or replace, as approved by Engineer, adjacent work damaged or displaced by removing excavation support and protection systems.

B. Leave excavation support and protection systems permanently in place.

END OF SECTION 315000

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TURF AND GRASSES HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

329200 - 1

SECTION 329200 - TURF AND GRASSES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Seeding. 2. Hydroseeding. 3. Erosion-control material(s).

B. Related Sections:

1. Division 31 Section "Site Clearing" for topsoil stripping and stockpiling. 2. Division 31 Section "Erosion and Sedimentation Control" for temporary and permanent

seeding requirements, as well as restoration of disturbed land. 3. Division 31 Section "Earth Moving" for excavation, filling and backfilling, and rough

grading.

1.3 DEFINITIONS

A. Duff Layer: The surface layer of native topsoil that is composed of mostly decayed leaves, twigs, and detritus.

B. Finish Grade: Elevation of finished surface of planting soil.

C. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil.

D. Planting Soil: Standardized topsoil; existing, native surface topsoil; existing, in-place surface soil; imported topsoil; or manufactured topsoil that is modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth.

E. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or top surface of a fill or backfill before planting soil is placed.

F. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms.

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TURF AND GRASSES HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

329200 - 2

G. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil, but in disturbed areas such as urban environments, the surface soil can be subsoil.

1.4 SUBMITTALS

A. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the botanical and common name, percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging.

B. Qualification Data: For qualified landscape Installer.

C. Product Certificates: For soil amendments and fertilizers, from manufacturer.

1.5 QUALITY ASSURANCE

A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful turf establishment. 1. Experience: Three years' experience in turf installation in addition to requirements in

Division 01 Section "Quality Requirements." 2. Installer's Field Supervision: Require Installer to maintain an experienced full-time

supervisor on Project site when work is in progress. 3. Maintenance Proximity: Not more than two hours' normal travel time from Installer's

place of business to Project site.

1.6 DELIVERY, STORAGE, AND HANDLING

A. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of conformance with state and federal laws, as applicable.

B. Bulk Materials:

1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants.

2. Provide erosion-control measures to prevent erosion or displacement of bulk materials, discharge of soil-bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways.

3. Accompany each delivery of bulk fertilizers, lime, and soil amendments with appropriate certificates.

1.7 PROJECT CONDITIONS

A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be

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329200 - 3

obtained. Apply products during favorable weather conditions according to manufacturer's written instructions.

PART 2 - PRODUCTS

2.1 SEED

A. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances.

B. Seed Species: State-certified seed of grass species as specified on plans.

2.2 INORGANIC SOIL AMENDMENTS

A. Lime: ASTM C 602, agricultural liming material containing a minimum of 80 percent calcium carbonate equivalent and as follows: 1. Class: O, with a minimum of 95 percent passing through No. 8 (2.36-mm) sieve and a

minimum of 55 percent passing through No. 60 (0.25-mm) sieve. 2. Provide lime in form of ground dolomitic limestone.

B. Perlite: Horticultural perlite, soil amendment grade.

2.3 ORGANIC SOIL AMENDMENTS

A. Sphagnum Peat: Partially decomposed sphagnum peat moss, finely divided or of granular texture, with a pH range of 3.4 to 4.8.

B. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture and free of chips, stones, sticks, soil, or toxic materials.

1. In lieu of decomposed wood derivatives, mix partially decomposed wood derivatives with ammonium nitrate at a minimum rate of 0.15 lb/cu. ft. (2.4 kg/cu. m) of loose sawdust or ground bark, or with ammonium sulfate at a minimum rate of 0.25 lb/cu. ft. (4 kg/cu. m)> of loose sawdust or ground bark.

2.4 FERTILIZERS

A. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition:

1. Composition: 20 percent nitrogen, 10 percent phosphorous, and 10 percent potassium, by weight.

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2.5 PLANTING SOILS

A. Planting Soil: Existing, in-place surface soil. Verify suitability of existing surface soil to produce viable planting soil. Remove stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand, concrete slurry, concrete layers or chunks, cement, plaster, building debris, and other extraneous materials harmful to plant growth. Mix surface soil with the following soil amendments and fertilizers in the following quantities to produce planting soil: 1. Weight of Lime per that designated on plan. 2. Weight of Slow-Release Fertilizer per that designated on plan.

2.6 MULCHES

A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley.

B. Sphagnum Peat Mulch: Partially decomposed sphagnum peat moss, finely divided or of granular texture, and with a pH range of 3.4 to 4.8.

C. Fiber Mulch: Biodegradable, dyed-wood, cellulose-fiber mulch; nontoxic and free of plant-growth or germination inhibitors; with a maximum moisture content of 15 percent and a pH range of 4.5 to 6.5.

D. Nonasphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch manufacturer for slurry application; nontoxic and free of plant-growth or germination inhibitors.

E. Asphalt Emulsion: ASTM D 977, Grade SS-1; nontoxic and free of plant-growth or germination inhibitors.

2.7 EROSION-CONTROL MATERIALS

A. Erosion-Control Blankets: Biodegradable straw-coconut-fiber mat consisting of 70% straw and 30% coconut fiber stitched with biodegradable thread between biodegradable, natural-fiber top and bottom nets. Design to provide erosion protection for up to 18 months. Include manufacturer's recommended steel wire staples, 6 inches (150 mm) long.

B. Erosion-Control Fiber Mesh: Biodegradable burlap or spun-coir mesh, a minimum of 0.92 lb/sq. yd. (0.5 kg/sq. m), with 50 to 65 percent open area. Include manufacturer's recommended steel wire staples, 6 inches (150 mm) long.

C. Erosion-Control Mats: Cellular, non-biodegradable slope-stabilization mats designed to isolate and contain small areas of soil over steeply sloped surface, of 3-inch (75-mm) nominal mat thickness. Include manufacturer's recommended anchorage system for slope conditions.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work are as follows or equal:

a. Invisible Structures, Inc.; Slopetame 2. b. Presto Products Company, a business of Alcoa; Geoweb. c. Tenax Corporation - USA; Tenweb.

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329200 - 5

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine areas to be planted for compliance with requirements and other conditions affecting performance.

1. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area.

2. Do not mix or place soils and soil amendments in frozen, wet, or muddy conditions. 3. Suspend soil spreading, grading, and tilling operations during periods of excessive soil

moisture until the moisture content reaches acceptable levels to attain the required results. 4. Uniformly moisten excessively dry soil that is not workable and which is too dusty.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

C. If contamination by foreign or deleterious material or liquid is present in soil within a planting area, remove the soil and contamination as directed by Engineer and replace with new planting soil.

3.2 PREPARATION

A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations.

1. Protect adjacent and adjoining areas from hydroseeding and hydromulching overspray. 2. Protect grade stakes set by others until directed to remove them.

B. Install erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways.

3.3 TURF AREA PREPARATION

A. Limit turf subgrade preparation to areas to be planted.

B. Newly Graded Subgrades: Loosen subgrade to a minimum depth of 4 inches (100 mm). Remove stones larger than 2 inches (50 mm) in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property.

1. Apply fertilizer directly to subgrade before loosening. 2. Spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend

planting soil.

a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days.

b. Mix lime with dry soil before mixing fertilizer.

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3. Spread planting soil to a depth of 4 inches (100 mm) but not less than required to meet finish grades after light rolling and natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet.

C. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch (13 mm) of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future.

D. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil.

E. Before planting, obtain Engineer’s acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading.

3.4 PREPARATION FOR EROSION-CONTROL MATERIALS

A. Prepare area as specified in "Turf Area Preparation" Article.

B. For erosion-control mats, install planting soil in two lifts, with second lift equal to thickness of erosion-control mats. Install erosion-control mat and fasten as recommended by material manufacturer.

C. Fill cells of erosion-control mat with planting soil and compact before planting.

D. For erosion-control blanket or mesh, install from top of slope, working downward, and as recommended by material manufacturer for site conditions. Fasten as recommended by material manufacturer.

E. Moisten prepared area before planting if surface is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil.

3.5 SEEDING

A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph (8 km/h). Evenly distribute seed by sowing equal quantities in two directions at right angles to each other.

1. Do not use wet seed or seed that is moldy or otherwise damaged. 2. Do not seed against existing trees. Limit extent of seed to outside edge of planting

saucer.

B. Sow seed at the rate indicated on plans.

C. Rake seed lightly into top 1/8 inch (3 mm) of soil, roll lightly, and water with fine spray.

D. Protect seeded areas with slopes exceeding 1:4 with erosion-control blankets and 1:6 with erosion-control fiber mesh installed and stapled according to manufacturer's written instructions.

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E. Protect seeded areas with erosion-control mats where shown on Drawings; install and anchor according to manufacturer's written instructions.

F. Protect seeded areas with slopes not exceeding 1:4 by spreading straw mulch. Spread uniformly at a minimum rate of 2 tons/acre (42 kg/92.9 sq. m) to form a continuous blanket 1-1/2 inches (38 mm) in loose thickness over seeded areas. Spread by hand, blower, or other suitable equipment.

1. Anchor straw mulch by crimping into soil with suitable mechanical equipment. 2. Bond straw mulch by spraying with asphalt emulsion at a rate of 10 to 13 gal./1000 sq. ft.

(38 to 49 L/92.9 sq. m). Take precautions to prevent damage or staining of structures or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas.

3.6 HYDROSEEDING

A. Hydroseeding: Mix specified seed, fertilizer, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application.

1. Mix slurry with fiber-mulch manufacturer's recommended tackifier. 2. Apply slurry uniformly to all areas to be seeded in a one-step process. Apply slurry at a

rate so that mulch component is deposited at not less than 1500-lb/acre (15.6-kg/92.9 sq. m) dry weight, and seed component is deposited at not less than the specified seed-sowing rate.

3. Apply slurry uniformly to all areas to be seeded in a two-step process. Apply first slurry coat at a rate so that mulch component is deposited at not less than 500-lb/acre (5.2-kg/92.9 sq. m) dry weight, and seed component is deposited at not less than the specified seed-sowing rate. Apply slurry cover coat of fiber mulch (hydromulching) at a rate of 1000 lb/acre (10.4 kg/92.9 sq. m).

3.7 SATISFACTORY TURF

A. Turf installations shall meet the following criteria as determined by Engineer:

1. Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches (125 by 125 mm).

B. Use specified materials to reestablish turf that does not comply with requirements and continue maintenance until turf is satisfactory.

3.8 CLEANUP AND PROTECTION

A. Promptly remove soil and debris created by turf work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas.

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B. Erect temporary fencing or barricades and warning signs as required to protect newly planted areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove after plantings are established.

C. Remove nondegradable erosion-control measures after grass establishment period.

END OF SECTION 329200

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SEPARATION OF WATER LINES & SANITARY (OR COMBINED SEWERS) & STORM SEWER HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

333200 - 1

SECTION 333200 – SEPARATION OF WATER LINES & SANITARY (OR COMBINED SEWERS) & STORM SEWER

PART 1 - GENERAL

1.1 PARALLEL INSTALLATION

A. Water lines shall be at least ten feet horizontally from a sewer or sewer manhole whenever possible. The distance shall be measured edge-to-edge.

B. When local conditions prevent a horizontal separation of ten feet, the water line may be closer to a sewer or sewer manhole provided that:

1. The bottom of the water line is at least 18 inches above the top of the sewer, and:

a. The water main and sewer line shall be laid in separate trenches, or; b. When local conditions will not allow such, both lines may be laid in the same

trench with the water main located at one side on a bench of undisturbed earth and the eighteen-inch vertical separation provided (water line above the sewer line).

2. For sanitary or combined sewers where this vertical separation cannot be obtained:

a. The sewer shall be constructed of AWWA approved water pipe, pressure tested in place without leakage prior to backfilling.

b. The sewer manhole shall be of water-tight construction and tested in place. 1.2 CROSSING

A. Water lines crossing sewers shall be provided with a separation of at least 18 inches between the bottom of the water line and the top of the sewer whenever possible.

B. When local conditions prevent a vertical separation described above, the following construction shall be used:

1. Sanitary or combined sewers passing over or under water lines shall be constructed or

replaced with the materials described under Parallel Installation.

2. Water lines passing under sewers shall, in addition, be protected by providing: a. A vertical separation of at least 18 inches between the bottom of the sewer and the

top of the water line. b. Adequate structural support for the sewers to prevent excessive deflection of the

joints and settling on and breaking water line.

3. All water lines crossing any sewer shall be centered at the point of the crossing so that joints shall be equidistant and as far as possible from the sewer.

1.3 SANITARY AND/OR COMBINED SEWERS OR SEWER MANHOLES

No water pipe shall pass through or come in contact with any part of a sewer or sewer manhole.

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SEPARATION OF WATER LINES & SANITARY (OR COMBINED SEWERS) & STORM SEWER HALIFAX COUNTY SERVICE AUTHORITY SUTPHIN ROAD INTERCEPTOR UPGRADE

333200 - 2

1.4 MODIFICATIONS TO SEWERS

If modifications to existing sewer is necessary under this Section of the Specifications and cannot be otherwise avoided, this Work may be performed by the Owner or by the Contractor. Such Work performed by the Contractor shall be performed only after acceptance of a Change Order for the Work.

1.5 WATER LINE AND SEWER FORCE MAIN SEPARATION

A horizontal distance of 10 feet will be maintained at all times between sewage force mains and water lines.

1.6 WATER LINE AND SEWER DRAINFIELDS

A distance of 30 feet will be maintained at all times between sewage drainfields and water lines. PART 2 – PRODUCT (Not Used) PART 3 – EXECUTION (Not Used)

END OF SECTION 333200

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SECTION 333300 - FACILITY SANITARY SEWERS

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: 1. Gravity flow sanitary sewers, fittings, and accessories; materials and installation. 2. Sanitary sewer service laterals, fittings and accessories; materials and installation. 3. Connection of sanitary sewers to manholes and existing sewers. 4. Service connections. 5. Installation and connection of new sanitary sewer manholes. 6. Tests and inspections.

1.2 RELATED SECTIONS

A. 024119 – Selective Demolition B. 311500 – Erosion and Sedimentation Control C. 315000 – Excavation Support and Protection D. 333325 – Bypass Pumping Systems

1.3 ACTION SUBMITTALS

A. Submit under provisions of Section 01300.

B. Product Data - Provide data indicating conformance to ASTM/AWWA codes, pipe material, sizes, class, dimensions, joint type and accessories.

C. Manufacturer’s Installation Instructions - Indicate special procedures required to install products specified.

D. Results of shop tests, if required.

E. Manufacturer’s Certificate - Certify that products meet or exceed specified requirements.

F. For manholes: include plans, elevations, section, details, and frames and covers.

1.4 REFERENCES

A. Ductile Iron Gravity Sewer Pipe

ANSI/AWWA A21.50/C150 Thickness design of DIP AWWA C110 Ductile Iron and Gray Iron Fittings ANSI/AWWA A21.4/C104 Cement-mortar lining for DIP and fittings

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ANSI/AWWA A21.11/C111 Push-on joints and mechanical joints ANSI/AWWA A21.51/C151 Ductile iron pipe ASTM E96-66 Standard test methods for water vapor transmission of materials

B. Plastic Gravity Sewer Pipe ASTM D3030 Standard test method for volatile matter (including water) of vinyl

chloride resins ASTM D244 Standard test methods for emulsified asphalts ASTM D1784 Standard specification for rigid poly(vinyl chloride) (PVC) compounds

and chlorinated poly (vinyl chloride) (CPVC) compounds ASTM D2855 Standard practice for making solvent-cemented joints with poly (vinyl

chloride) (PVC) pipe and fittings ASTM F402 Standard practice for safe handling of solvent cements, primers, and

cleaners used for joining thermoplastic pipe and fittings ASTM F477 Elastomeric seals (gaskets) for joining plastic pipe ASTM D3212 Joints for drain and sewer plastic pipes using flexible elastomeric seals

1.5 DELIVERY, STORAGE, AND HANDLING

A. Do not store plastic pipe and fittings in direct sunlight. B. Protect pipe, pipe fittings, and seals from dirt and damage. C. Handle manholes according to manufacturer's written rigging instructions. D. All pipe shall be bundled or packaged in such a manner as to provide adequate

protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the owner or engineer.

E. Each pipe shipment should be inspected prior to unloading to see if the load has shifted or otherwise been damaged. Notify owner or engineer immediately if more than immaterial damage is found. Each pipe shipment should be checked for quantity and proper pipe size, color, and type.

F. Pipe should be loaded, off-loaded, and otherwise handled in accordance with AWWA M23, and all of the pipe supplier’s guidelines shall be followed.

G. Off-loading devices such as chains, wire rope, chokers, or other pipe handling implements that may scratch, nick, cut, or gouge the pipe are strictly prohibited.

H. If appropriate unloading equipment is not available, pipe may be unloaded by removing individual pieces. Care should be taken to insure that pipe is not dropped or damaged. Pipe should be carefully lowered, not dropped, from trucks.

I. Any length of pipe showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. Damaged areas, or possible areas of damage may be removed by cutting out and removing the suspected incident fracture area. Limits of the acceptable length of pipe shall be determined by the owner or engineer.

J. Any scratch or gouge greater than 10% of the wall thickness will be considered significant and can be rejected unless determined acceptable by the owner or engineer.

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K. Pipe lengths should be stored and placed on level ground. Pipe should be stored at the job site in the unit packaging provided by the manufacturer. Caution should be exercised to avoid compression, damage, or deformation to the ends of the pipe. The interior of the pipe, as well as all end surfaces, should be kept free from dirt and foreign matter.

L. Pipe shall be handled and supported with the use of woven fiber pipe slings or approved equal. Care shall be exercised when handling the pipe to not cut, gouge, scratch or otherwise abrade the piping in any way.

M. Pipe shall be stored and stacked per the pipe supplier’s guidelines.

1.6 PROJECT CONDITIONS

A. Interruption of Existing Sanitary Sewerage Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated:

1. Notify Owner no fewer than two days in advance of proposed interruption of service. 2. Do not proceed with interruption of service without Owner's written permission.

1.7 PROJECT RECORD DRAWINGS

A. Submit documents under provisions of Section 017839.

B. Submit marked-up record contract drawings, including location and length of sewer sections, service connection stationing from downstream manhole, service lateral length and depth at property line, cleanouts, manholes, and rim and invert elevations where the pipe enters or exits a structure. Mark up detail drawings to indicate as-built conditions.

C. Invert elevations shall be field surveyed as construction proceeds.

D. Identify and locate (horizontally and vertically) on record drawings during the discovery of exposed uncharted existing utilities and services.

1.8 REGULATORY REQUIREMENTS

A. Conform to applicable Local and State codes for materials and installation of the work of this Section.

B. Conform to requirements of permits obtained by Owner: 1. Norfolk Southern Utility Encroachment Permit 2. USACE Nationwide Permit 3. DEQ Stormwater Management General Permit 4. Halifax County Local E&S Permit

C. Sutphin Road is a South Boston maintained road. No permit is required as long as there is no interference with traffic during construction. In the event that traffic will be effected, contact Danny McCormick with the Town of South Boston, 434-575-4262.

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1.9 WARRANTY

A. All pipe and manholes shall be warranted for one year per the supplier’s standard terms.

PART 2 - PRODUCTS

2.1 DUCTILE-IRON PIPE AND FITTINGS

A. Push-on-Joint Piping: 1. Pipe: Green AWWA C151

a. Ductile iron pipe shall be US Pipe, Griffen, American, or approved equal. b. Pipe fittings shall have a minimum iron strength of 30,000 psi. c. Pipe shall be in nominal 18 to 20 foot lengths.

2. Gaskets: AWWA C111, rubber, of shape matching pipe and fittings.

B. Mechanical-Joint Piping: 1. Pipe: Green AWWA C151, with bolt holes in bell. 2. Glands: Cast or ductile iron; with bolt holes and high-strength, cast-iron or high-strength,

low-alloy steel bolts and nuts. 3. Gaskets: AWWA C111, rubber, of shape matching pipe, fittings, and glands.

C. Long span aerial pipelines shall meet the requirements of 2.1.B in addition to: 1. Rigid mechanical joint pipe shall be Mek Lok or approved equal. 2. Mek Lok shall be capable of being deflected, after assembly as follows:

a. 2 ½º for pipe sizes 6”-10” b. 2º for pipe sizes 12”-24”

D. Thickness design shall be in accordance with AWWA standard C150, thereof for 350 psi operating pressure, laying conditions type 3 and cover as shown on the Drawings, except as noted specifically.

E. Exterior Coating: Piping shall be provided with a manufacturer applied asphaltic coating in conformance with AWWA C151/A21.51.

2.2 PVC PIPE AND FITTINGS

A. PVC Type PSM Sewer Piping: 1. PVC, AWWA Pipe: PVC pipe with bell end with gasket, and with spigot end unless

specified otherwise. The material shall equal or exceed cell class 12454 as defined in ASTM C1784

2. Pipe and Fittings: PVC Type PSM sewer pipe with bell-and-spigot ends for gasketed joints. a. 4” to 15” PVC: shall conform to AWWA C905/ASTM 3034 (SDR 35) b. 18” to 36” PVC: shall conform to AWWA C905/ASTM F679 (PS46)

3. The pipe shall be joined with an integral bell, bell-and-spigot-type rubber gasketed joint. Rubber gasket shall conform to ASTM F477. The rubber gasket shall be compressed radially on the pipe spigot to form a watertight seal in accordance with ASTM D3212.

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4. Standard lengths shall be 20 feet plus or minus 1 inch. 5. Sections of pipe 6 inches long shall be subjected to a free falling type impact (20 pounds

Type A) in accordance with ASTM D244 with no evidence of splitting or shattering (denting is not considered a failure).

6. Pipe shall be laid with Class 1 bedding conditions. 7. Fittings shall be made of PVC having a cell classification of 12454B or 12454C or as

defined in ASTM D1784. Fabricated fittings with solvent-cemented components shall be made in accordance with ASTM D2855 and taking cognizance of ASTM F402. a. Fittings shall be Harco Fittings (Harrington) or equal.

8. Air testing and deflection testing to be performed in accordance with the requirements of this section.

2.3 PIPE ACCESSORIES A. Fittings - Same size, material and class as pipe, molded or formed to suit pipe size and end

design, in required tee, bends, elbows, cleanouts, reducers, couplings, adapters and other configurations required.

B. Pipe Connections - When connecting dissimilar pipe materials or when connecting new pipe to existing pipe, the following connections shall be used: 1. Rubber Adapter With Stainless Steel Shear Rings - Fernco Flexible Couplings by the

General Engineering Company, Box 609, Frederick, MD 21701, or equal. 2. Repair Clamp - Dresser Model 360 “All-Around” pipe repair clamps in stainless steel; or

equal. C. Identification - Each pipe length, coupling, and fitting shall be clearly marked with:

1. Manufacturer’s name and trademark. 2. Nominal pipe size and class. 3. Material designation.

D. Connections to Manholes - Provide rubber boot-type connectors with all stainless steel hardware as manufactured by NPC, Inc., Model Kor N’ Seal; Press Seal Gasket Corporation, Model PSX; or equal.

2.4 SHOP TESTS A. All shop tests of pipe and pipe materials required by this section and/or the applicable

ASTM/AWWA specifications shall be performed at the Contractor’s expense. B. The manufacturer shall submit a performance affidavit certifying his product meets or exceed

these specifications and the applicable ANSI/ASTM and AWWA requirements. If required by the Engineer, certified test reports of prior tests shall be submitted with the performance affidavit.

C. Tests shall be conducted at the pipe manufacturer’s plant or when approved test facilities do not exist at the point of manufacture, the tests shall be conducted in certified private testing laboratories approved by the Engineer.

D. All testing machines, gages, laboratory apparatus and other devices used for the required shop tests shall be in first class condition and accurately calibrated. Shop tests shall be conducted by qualified personnel.

E. The Contractor shall submit to the Engineer the name or names of the proposed manufacturers of pipe for this project, including shop drawings of the proposed pipe and appurtenances. Each pipe manufacturer shall notify the Engineer and the Contractor when shop tests on the lot or lots of pipe for this project are to take placed, allowing sufficient time for the Engineer to send a representative to witness the tests.

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F. Tests shall be conducted in accordance with the applicable ANSI/ASTM or AWWA specifications except as modified by these Specifications.

G. Wherever in the appropriate ANSI/ASTM or AWWA Specification tests are required to be performed for all pipe furnished for this project, certified copies of all test (and retest) results shall be submitted jointly to the Engineer and the Contractor.

H. Specific modifications and/or amendments to the applicable ASTM Specifications are as follows: 1. Crushing Strength - Crushing strength tests shall be conducted using the 3-edge bearing

method except that the lower bearing strips utilized in these tests may be of hardwood or hard rubber material complying with the applicable ASTM Specification, unless such option is precluded under the companion ASTM Specification which covers the pipe itself.

I. Upon completion of shipment of the pipe furnished for this project, the pipe manufacturer shall provide the Engineer with a certificate, signed by an officer of the corporation or firm and witnessed by a notary public, attesting that the pipe and appurtenances furnished were manufactured and successfully tested in full accordance with these specifications and the applicable ASTM Specifications.

J. Any section or lot of pipe, fittings or specials which does not meet the requirements of these specifications and the applicable ASTM/ANSI or AWWA Specifications under which the product is required to be manufactured, will be rejected.

2.5 MANHOLES

A. Standard Precast Concrete Manholes:

1. Description: ASTM C 478 (ASTM C 478M), precast, reinforced concrete, of depth indicated, with provision for sealant joints.

2. Diameter: 48 inches (1200 mm) minimum unless otherwise indicated. 3. Ballast: Increase thickness of precast concrete sections or add concrete to base section,

as required to prevent flotation. 4. Base Section: 6-inch (150-mm) minimum thickness for floor slab and 4-inch (100-mm)

minimum thickness for walls and base riser section; with separate base slab or base section with integral floor.

5. Riser Sections: 4-inch (100-mm) minimum thickness, of length to provide depth indicated.

6. Top Section: Eccentric-cone type unless concentric-cone or flat-slab-top type is indicated; with top of cone of size that matches grade rings.

7. Joint Sealant: ASTM C 990 (ASTM C 990M), bitumen or butyl rubber. 8. Resilient Pipe Connectors: ASTM C 923 (ASTM C 923M), cast or fitted into manhole

walls, for each pipe connection. Expansion bands and pipe clamps shall be stainless steel that meets or exceeds the requirements of ASTM specifications C-923 and A162.

9. Steps: ASTM A 615/A 615M, deformed, 1/2-inch (13-mm) steel reinforcing rods encased in ASTM D 4101, PP; wide enough to allow worker to place both feet on one step and designed to prevent lateral slippage off step. Cast or anchor steps into sidewalls at 12- to 16-inch (300- to 400-mm) intervals. Omit steps if total depth from floor of manhole to finished grade is less than 60 inches (1500 mm).

10. Grade Rings: Reinforced-concrete rings, 6- to 9-inch (150- to 225-mm) total thickness, with diameter matching manhole frame and cover, and with height as required to adjust manhole frame and cover to indicated elevation and slope. Rings less than 3- inch in total thickness crack and will not be allowed.

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11. Manhole Vents: must be installed at a minimum of every 1000 LF of watertight sealed manhole sewer length. Refer to project drawings for detail.

12. In lieu of utilizing circular manhole bases as indicated on the Construction Plans, the Contractor may elect to utilize the T-series manholes as produced by Tindall Corp or Engineer approved equal. Selection of manhole design shall consider deflection of the sewer necessary for installation within the existing easement. Provided manholes shall allow for proper tie in of the existing sewer collection lines and laterals. Contractor shall be responsible for field verifying these conditions within all existing manholes prior to ordering new manholes.

B. Manhole Frames and Covers: 1. Description: Ferrous; 24-inch (610-mm) ID by 7- to 9-inch (175- to 225-mm) riser, with

4-inch- (100-mm-) minimum-width flange and 26-inch- (660-mm-) diameter cover. Include indented top design with lettering cast into cover, using wording equivalent to "SANITARY SEWER" and “HCSA” for identification of ownership.

2. All manhole covers shall be bolted down with stainless steel hardware. 3. Those manholes identified as watertight on the plans shall also receive a watertight

gasket. 4. Material: ASTM A 536, Grade 60-40-18 ductile iron unless otherwise indicated. 5. Manufacturers: Standard ring and cover shall be Capital Foundry Item No. MH-3000 and

the watertight ring and cover to be Capitol Foundry Item MH-3000 WT or approved equal.

2.6 CONCRETE A. General: Cast-in-place concrete complying with ACI 318, ACI 350/350R (ACI 350M/350RM),

and the following: 1. Cement: ASTM C 150, Type II. 2. Fine Aggregate: ASTM C 33, sand. 3. Coarse Aggregate: ASTM C 33, crushed gravel. 4. Water: Potable.

B. Portland Cement Design Mix: 4000 psi (27.6 MPa) minimum, with 0.45 maximum

water/cementitious materials ratio. 1. Reinforcing Fabric: ASTM A 185/A 185M, steel, welded wire fabric, plain. 2. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (420 MPa) deformed steel.

C. Manhole Channels and Benches: Factory or field formed from concrete. Portland cement design mix, 4000 psi (27.6 MPa) minimum, with 0.45 maximum water/cementitious materials ratio. Include channels and benches in manholes. 1. Channels: Concrete invert, formed to same width as connected piping, with height of

vertical sides to three-fourths of pipe diameter. Form curved channels with smooth, uniform radius and slope. a. Invert Slope: as shown on drawings.

2. Benches: Concrete, sloped to drain into channel. a. Slope: 4 percent. b. Design Air Capacity: 98 scfm at 150 psig (kPa) differential pressure.

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PART 3 - EXECUTION

3.1 EXAMINATION

A. The drawings and specifications may contain information relating to conditions below the ground surface at the site of proposed work, but such information is furnished without guarantee as to it being complete or correct. The Contractor shall assume all risk and responsibilities and shall complete the work in whatever manner and under whatever conditions he may encounter or create without extra cost to the Owner. Location of existing underground facilities at or contiguous to the site is based upon information and data furnished to the Engineer by owners of such underground facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof.

The Contractor shall perform exploratory excavations in advance of this work to verify the location, depth, size, and material of existing utilities which may interfere with the work to be performed under this contract. All damage to existing utilities shall be the Contractor’s cost to repair or replace.

B. Verify that trench cut, excavated base and pipe bedding is ready to receive work and pipe bedding dimensions and elevations are as indicated on drawings.

C. All pipe, fittings, and specials shall be carefully inspected in the field before lowering into the trench. Cracked, broken, warped, out-of-round, damaged joints, including damaged pipe linings or coatings or otherwise defective pipe, fittings or specials, as determined by the Engineer, shall be removed and not installed. Such rejected pipe shall be clearly tagged in such manner as not to deface or damage it, and the pipe shall then be removed from the job site by the Contractor at his own expense.

D. Any pipe showing a distinct crack with no evidence of incipient fracture beyond the limits of the visible crack, if approved, may have the cracked portion cut off by, and the expense of, the Contractor before the pipe is laid so that the pipe used is perfectly sound and will form an approved joint. The cut shall be made in the sound barrel at a point at least 12 inches from the visible limits of the crack.

E. If authorized, cutting of the pipe shall be done in a neat and workmanlike manner without damage to the pipe lining. All pipe cutting shall be done by means of an approved type of power cutter and in accordance with manufacturer’s instructions. The use of hammer and chisel, or any other method which results in rough edges, chipped or damaged pipe, is prohibited.

3.2 EARTHWORK

A. Excavating, trenching, and backfilling are specified in Section 312000 "Earth Moving."

3.3 PIPING INSTALLATION

A. General Locations and Arrangements: Drawing plans and details indicate general location and arrangement of underground sanitary sewer piping. Location and arrangement of piping layout

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take into account design considerations. Install piping as indicated, to extent practical. Where specific installation is not indicated, follow piping manufacturer's written instructions.

B. Install piping beginning at low point, true to grades and alignment indicated with unbroken continuity of invert. Place bell ends of piping facing upstream. Install gaskets, seals, sleeves, and couplings according to manufacturer's written instructions for using lubricants, cements, and other installation requirements.

C. Install manholes for changes in direction unless fittings are indicated. Use fittings for branch connections unless direct tap into existing sewer is indicated.

D. When installing pipe under streets or other obstructions that cannot be disturbed, use a trenchless method such as jack-and-bore or directional drill.

E. Install gravity-flow, nonpressure, piping according to the following:

1. Install piping pitched down in direction of flow, at slope indicated on the plans. Minimum slope as mandated by SCAT regulations shall be maintained at a minimum.

2. Install piping with 36-inch (1220-mm) minimum cover.

F. Clear interior of piping and manholes of dirt and superfluous material as work progresses. Maintain swab or drag in piping, and pull past each joint as it is completed. Place plug in end of incomplete piping at end of day and when work stops.

3.4 PIPE JOINT CONSTRUCTION

A. Join gravity-flow, nonpressure, piping according to the following: 1. Join PVC Type PSM sewer piping according to ASTM D 2321 and ASTM D 3034 for

elastomeric-seal joints or ASTM D 3034 for elastomeric-gasket joints.

B. The gasket and socket shall be lubricated with an approved rubber gasket lubricant. The gasket shall be stretched over the spigot and placed accurately in position. The spigot end shall be carefully entered in the socket of the preceding pipe so as to avoid displacement of the gasket, and the pipe shall be drawn or pushed home filly compressing the gasket. Adjustments in line and grade shall be made in such a manner that the compressed rubber gasket will not be disturbed. Before proceeding with backfilling the joint shall be felt completely around to determine whether the gasket is in its proper position. If the gasket can be felt out of place, the pipe shall be withdrawn and the gasket examined for cuts or breaks. If the gasket has been damaged, it shall be replaced with a new one before the pipe is replaced.

C. Rubber gaskets shall be stored in a cool place and protected from light, sunlight, heat, oil, or grease until installed. Any gaskets showing signs of checking, weathering, or other deterioration will be rejected. Gaskets for pipe lines shall be neoprene.

3.5 MANHOLE INSTALLATION

A. General: Install manholes complete with appurtenances and accessories indicated.

B. Install precast concrete manhole sections with sealants according to ASTM C 891.

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C. Form continuous concrete channels and benches between inlets and outlet.

D. Manholes shall be of watertight construction. Section joints shall be of the O-ring type conforming to ASTM C443. Joints shall be sealed using butyl rubber rope caulk installed continuously around the joint instead of O-rings. Butyl rubber rope caulk shall meet or exceed the requirements of Federal Specifications (GSA-FSS) SS-S-00210. The inside and outside of each joint of manholes shall be sealed as shown on the manhole Standard Detail.

E. Set tops of frames and covers flush with finished surface of manholes that occur in pavements. Set tops 24 inches (min) to 36 inches (max) above finished surface elsewhere unless otherwise indicated.

F. Subgrade and bedding got monolithic bases of precast manholes shall be prepared in accordance with the requirements as specified for trenched. Invert channels shall be formed with concrete as shown on the Standard Detail and shall be smooth and semicircular in shape, conforming to the inside of the adjacent sewer section. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. The floor of the manhole outside of the channels shall be smooth and shall slope toward the channels not less than 2 inches per foot nor more than 4 inches per foot. Manhole frames shall be set on a double ring of butyl rubber rope caulk to form a watertight seal. When leveling is required manhole frames shall be set level on a full bed or mortar to the proper grade prior to the application of the butyl caulk. Under no circumstances shall manholes be left in an incomplete condition.

3.6 CONNECTIONS

A. Make connections of an existing pipe to a new lateral. 1. Contractor shall utilize PSX Rubber boots or equal to new manholes or existing precast

concrete manholes. 2. Contractor shall utilize coupling to existing pipe. This may include Fernco and SS Sleeve

or approved equal. 3. Contractor shall utilize sleeves to new pipe (PVC sleeve between PVC pipes, cast iron

couplings between DIP pipes.) 4. Contractor shall utilize rubber manhole rings for new pipe to existing manhole that

cannot be core drilled. Existing manholes shall use Waterstop Grouting Ring or equal.

3.7 CLOSING ABANDONED SANITARY SEWER SYSTEMS

A. Abandoned Piping: Close open ends of abandoned underground piping indicated to remain in place. Include closures strong enough to withstand hydrostatic and earth pressures that may result after ends of abandoned piping have been closed. Use either procedure below:

1. Close open ends of piping with a distance of 36 inches minimum from invert with quick-setting hydraulic cement.

2. Close open ends of piping with threaded metal caps, plastic plugs, or other acceptable methods suitable for size and type of material being closed. Do not use wood plugs.

B. Abandoned Manholes: Excavate around manhole as required and use either procedure below:

1. Remove manhole.

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a. Remove manhole and close open ends of remaining piping as specified in paragraph 3.8 above.

2. Abandon manhole in place. a. Remove existing ring and cover and deliver to Owner at location designated by

Owner. b. Break top of manhole down to at least 36 inches below final grade. c. Fill bottom of existing manhole with stone or concrete six inches above top of

pipe. d. Remaining depth shall be filled and compacted with soil in 8 inch lifts.

C. Backfill to grade according to Section 312000 “Earth Moving”.

3.8 NEW PIPE TO EXISTING MANHOLE CONNECTIONS

A. Pipe shall be laid into manhole on a uniform grade. A short length of pipe shall be used for all existing pipe entering or existing pipe entering or existing manholes with a maximum length of two feet from the wall of the manhole. Bell ends of these joints shall point upstream. The annular opening between the pipe and manhole section shall be closed with rubber gaskets.

B. Where the new line inverts are above the existing manhole floor, the manhole shall be filled with cementitious grout and a new bench and channel installed.

3.9 GRAVITY SEWER WATER TIGHTNESS TESTS

A. General 1. Sanitary sewer shall be tested for water tightness by one of the following methods:

a. Infiltration tests (pipe) b. Vacuum Test (manhole)

2. Conditions under which each tests may be used and criteria for passing or failing are stated under the description of the respective test.

3. The Contractor shall provide the materials, labor and equipment to conduct all tests. All test methods shall be conducted after backfilling and the results submitted to Engineer. The Contractor may test the pipeline and manholes prior to backfilling to inform him of the condition of the installation. However, the results of testing taken prior to backfilling will not be accepted. Water for testing shall be provided by the Contractor.

4. Test sections shall be determined by the Engineer. Generally, a test section shall be one manhole and the downstream pipe to the inlet of the next manhole. Several such pipe sections shall be tested as one test section if directed by the Engineer.

5. All tests for record shall be conducted in the presence of the Engineer or his representative.

6. Test sections which fail any of the tests described herein shall be corrected and retested by the Contractor at no additional cost to the Owner.

B. Low Pressure Air (Pipe) and Ex-filtration Tests (Manhole) 1. Procedures:

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a. Air testing-minimum time requirements for pipe: When the air test is specified, the Engineer shall give explicit instructions for conducting the test. The Contractor shall pressurize the line to at least 3.5 psi but not greater than 5 psi. Once stabilized, the Contractor shall measure the time it takes for the pressure to drop from 3.5 to 2.5 psi. The recommended time for a 1.0 psi air pressure drop from 3.5 to 2.5 psi is shown in Table II below. This data has been taken from Uni-Bell specification UNI-B-679, “Recommended Practice for Low Pressure Air Testing of Installed Sewer Pipe.” Should any test on any section of pipeline disclose an air loss expense, locate and repair defective joints or pipe sections. After the repairs are completed, the pipeline shall be retested until the air loss rate is within the specified allowance.

b. Manhole Vacuum Testing: The installation and operation of vacuum equipment and indicating devices shall be in accordance with equipment specifications for which performance information has been provided by the manufacturer and approved by the Bureau. 1) A measured vacuum of 10” of mercury shall be established in the manhole.

The time for the vacuum to drop to drop to 9” of mercury shall be recorded. Acceptance standards for leakage shall be established from the elapsed time for a negative pressure change from 10” to 9” of mercury as shown in Table I below.

2) If the manhole fails the test, necessary repairs shall be made and the vacuum test and repairs shall be repeated until the manhole passes the test.

3) If a manhole joint mastic is completely pulled out during the vacuum test, the manhole shall be disassembled and the mastic replaced.

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Table I. Minimum Test Time for Various Manhole Diameters

Minimum Test Time for Various Manhole Diameters (Seconds) (from ASTM C1244)

Manhole Depth

Manhole Diameter (ft)

(ft) 4.0 4.5 5.0 5.5 6.0 7.0 8.0 Time (seconds)

8 20 23 26 29 33 41 49 10 25 29 33 36 41 51 61 12 30 35 39 43 49 58 68 14 35 41 46 51 57 69 81 16 40 46 52 58 67 85 103 18 45 52 59 65 73 89 105 20 50 53 65 72 81 99 117 22 55 64 72 79 89 109 129 24 59 64 78 87 97 117 137 26 64 75 85 94 105 127 149 28 69 81 91 101 113 137 161

TABLE II

Specification time required for a 1.0 PSIG pressure drop for size and length of the pipe indicated for PVC or Ductile Iron sewer pipe.

3 4 2 Length Time

1 Minimum for for Pipe Time Minimum Longer Specification Time for Length (L) Shown (min:sec)

Diameter (min: Sec) Time Length (In.) (ft) (sec) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft

4 3:46 597 .380L 3:46 3:46 3:46 3:46 3:46 3:46 3:46 3:46 6 5:40 398 .854L 5:40 5:40 5:40 5:40 5:40 5:40 5:42 6:24 8 7:34 298 1.520L 7:34 7:34 7:34 7:34 7:36 8:52 10:08 11:24

10 9:26 239 2.374L 9:26 9:26 9:26 9:53 11:52 13:51 15:49 17:48 12 11:20 199 3.418L 11:20 11:20 11:24 14:15 17:05 19:56 22:47 25:38 15 14:10 159 5.342L 14:10 14:10 17:48 22:15 26:42 31:09 35:36 40:04 18 17:00 133 7.692L 17:00 19:13 25:38 32:03 38:27 44:52 51:16 57:41 21 19:50 114 10.470L 19:50 26:10 34:54 43:37 52:21 61:00 69:48 78:31 24 22:40 99 13.674L 22:47 34:11 45:34 56:58 68:22 79:46 91:10 102:33 27 25:30 88 17.306L 28:51 43:16 57:41 72:07 86:32 100:57 115:22 129:48 30 28:20 80 21.366L 35:37 53:25 71:13 89:02 106:50 124:38 142:26 160:15 33 31:10 72 25.852L 43:05 64:38 86:10 107:43 129:16 150:43 172:21 193:53 36 34:00 66 30.768L 51:17 76:55 102:34 128:12 153:50 179:29 205:07 230:46 42 39:48 57 41.883L 69:48 104:42 139:37 174:30 209:24 244:19 279:13 314:07 48 45:34 50 54.705L 91:10 136:45 182:21 227:55 273:31 319:06 364:42 410:17 54 51:02 44 69.236L 115:24 173:05 230:47 288:29 346:11 403:53 461:34 519:16 60 56:40 40 85.476L 142:28 312:41 284:55 356:09 427:23 498:37 569:60 641:04

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3.10 IDENTIFICATION

A. Materials and their installation are specified in Division 02 Section “Earth Moving”. Installation shall be as follows: 1. Use detectable warning tape over nonferrous piping and over edges of underground

manholes.

3.11 FIELD QUALITY CONTROL

A. Inspect interior of piping to determine whether line displacement or other damage has occurred. Inspect after approximately 24 inches (600 mm) of backfill is in place, and again at completion of Project.

1. Submit separate report for each system inspection. 2. Defects requiring correction include the following:

a. Alignment: Less than full diameter of inside of pipe is visible between structures. b. Deflection: Flexible piping with deflection that prevents passage of ball or

cylinder of size not less than 92.5 percent of piping diameter. c. Damage: Crushed, broken, cracked, or otherwise damaged piping. d. Infiltration: Water leakage into piping. e. Exfiltration: Water leakage from or around piping.

3. Replace defective piping using new materials, and repeat inspections until defects are within allowances specified.

4. Reinspect and repeat procedure until results are satisfactory. .

B. Test new piping systems, and parts of existing systems that have been altered, extended, or repaired, for leaks and defects.

1. Do not enclose, cover, or put into service before inspection and approval. 2. Test completed piping systems according to requirements of authorities having

jurisdiction. 3. Schedule tests and inspections by authorities having jurisdiction with at least 24 hours'

advance notice. 4. Submit separate report for each test.

C. Leaks and loss in test pressure constitute defects that must be repaired.

D. Replace leaking piping using new materials, and repeat testing until leakage is within allowances specified.

3.12 CLEANING

A. Clean dirt and superfluous material from interior of piping.

END OF SECTION 333300

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SECTION 333325 - BYPASS PUMPING SYSTEMS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This section includes furnishing all materials, labor, equipment, power, maintenance, etc. to implement a temporary pumping system for the purpose of diverting the existing flow around the section of gravity sewer being replaced.

B. The design, installation and operation of the temporary pumping system shall be the Contractor’s responsibility. The Contractor shall employ the services of a vendor who can demonstrate to the engineer that he specializes in the design and operation of temporary bypass pumping systems. The vendor shall provide at least five (5) references of projects of a similar size and complexity as this project performed by his firm within the past three years. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction.

1.3 SUBMITTAL

A. The Contractor shall prepare with the vendor a specified, detailed description of the proposed pumping system and submit it and the vendor’s references within 30 days after receipt of Notice of Award.

B. The Contractor shall submit to the Engineer detailed plans and descriptions outlining all provisions and precautions to be taken by the Contractor regarding the handling of existing wastewater flows. This plan must be specific and complete, including such items as schedules, locations, elevations, capacities of equipment, materials and all other incidental items necessary and/or required to insure proper protection of the facilities, including protection of the access and bypass pumping locations from damage due to the discharge flows, and compliance with the requirements and permit conditions specified in these Contract Documents.

C. The plan shall include but not limited to details of the following: 1. Staging areas for pumps 2. Sewer plugging method and types of plugs 3. Number, size, material, location and method of installation of suction piping 4. Number, size, material, method of installation and location of installation of discharge

piping 5. Bypass pump sizes, capacity, number of each size to be on site and power requirements 6. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump

operating range shall be submitted)

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7. Standby power generator size, location 8. Downstream discharge plan 9. Method of protecting discharge manholes or structures from erosion and damage 10. Thrust and restraint block sizes and locations 11. Sections showing suction and discharge pipe depth, embedment, select fill and special

backfill 12. Method of noise control for each pump and/or generator 13. Any temporary pipe supports and anchoring required 14. Design plans and computation for access to bypass pumping locations indicated on the

drawings 15. Calculations for selection of bypass pumping pipe size 16. Schedule for installation of and maintenance of bypass pumping lines 17. Plan indicating selection location of bypass pumping line locations

PART 2 - PRODUCTS

2.1 EQUIPMENT

A. All pumps used shall be fully automatic self-priming units that do not require the use of footvalves or vacuum pumps in the priming system. The pumps may be electric or diesel powered. All pumps used must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of effluent flows. All pumps must be constructed to accommodate the cyclical nature of raw sewage.

All pumps shall be Godwin Dri-Prime® Automatic self-priming pumps (CD, DPC, or HL Series) as manufactured by Godwin Pumps of America, Inc., (856) 467-3636 Rain for Rent (804) 732-6914 or approved equal.

B. The Contractor shall provide the necessary stop/start controls for each pump.

C. The Contractor shall include one stand-by pump of each size to be maintained on site.

Back-up pumps shall be on-line, isolated from the primary system by a valve.

D. Discharge Piping – In order to prevent the accidental spillage of flows all discharge systems shall be temporarily constructed of rigid pipe with positive, restrained joints. Under no circumstances will aluminum “irrigation” type piping or glued PVC pipe be allowed. Discharge hose will only be allowed in short sections and by specific permission from the engineer.

Allowable piping materials will be Godwin “QD” Steel Pipe (Godwin Pumps of America, Inc.) or fused, high-density polyethylene pipe as manufactured by Phillips Driscopipe, Inc. or equal.

E. System shall be equipped with telemetry and an autodialer to automatically notify the Contractor and Owner in the event of pump failure or high water alarm in the bypass pumping wet well. System shall include a phone tree where in the event the primary contact cannot be reached, the system will proceed down the phone tree until communication has been achieved.

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2.2 SYSTEM DESCRIPTION

A. Design Requirements: 1. Bypass pumping systems shall have sufficient capacity to pump the following peak flow:

a. Bypass above King Richard Collector* – 500 gpm b. Bypass below King Richard Collector* - 1000 gpm c. * - location of sewer extension from under railroad The Contractor shall provide all pipeline plugs, pumps of adequate size to handle peak flow, and temporary discharge piping to ensure that the total flow of the main can be safely diverted around the section to be repaired. Bypass pumping system will be required to be operated 24 hours per day. Provide an appropriate quantity of pumps such that the peak capacity can be pumped with the largest pump out of service.

2. The Contractor shall have adequate standby equipment available and ready for immediate operation and use in the event of an emergency or breakdown. One standby pump for each size pump utilized shall be installed at the mainline flow bypassing locations, ready for use in the event of primary pump failure.

3. Bypass pumping system shall be capable of bypassing the flow around the work area and of releasing any amount of flow up to full available flow into the work area as necessary for satisfactory performances of work.

4. The Contractor shall make all arrangements for bypass pumping during the time when the main is shut down for any reason. System must overcome any existing force main pressure on discharge.

B. Performance Requirements: 1. It is essential to the operation of the existing sewerage system that there be no

interruption in the flow of sewage throughout the duration of the project. To this end, the Contractor shall provide, maintain and operate all temporary facilities such as dams, plugs, pumping equipment (both primary and back-up units as required), conduits, all necessary power, and all other labor and equipment necessary to intercept the sewage flow before it reaches the point where it would interfere with work, carry it past work and return it to the existing sewer downstream of work. In locations where modification to existing manholes or a new manhole is added to perform bypass pumping, this shall be provided at no additional cost to the Owner; such modification must be approved by the Engineer and included within the pump plan.

2. The design, installation and operation of the temporary pumping system shall be the Contractor’s responsibility. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction.

3. The Contractor shall provide all necessary means to safely convey the sewage past the work area. The Contractor will not be permitted to stop of impede the main flows under any circumstances.

4. The Contractor shall maintain sewer flow around the work area in a manner that will not cause surcharging of sewers, damage to sewers and that will protect public and private property from damage and flooding.

5. The Contractor shall protect water resources wetlands and other natural resources.

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PART 3 - EXECUTION

3.1 FIELD QUALITY CONTROL AND MAINTENANCE

A. Test: 1. The Contractor shall perform leakage and pressure tests of the bypass pumping discharge

piping using clean water prior to actual operation. The engineer will be given 24 hours notice prior to testing.

B. Inspection: 1. Contractor shall inspect bypass pumping system every two hours to ensure that the

system is working correctly.

C. Maintenance Service: 1. The Contractor shall insure that the temporary pumping system is properly maintained

and a responsible operator shall be on hand at all times when pumps are operating.

D. Extra Materials: 1. Spare parts for pumps and piping shall be kept on site as required. 2. Adequate hoisting equipment for each pump and accessories shall be maintained on the

site.

3.2 PREPARATION

A. Precautions 1. Contractor is responsible for locating any existing utilities in the area the Contractor

selects to locate the bypass pipelines. The Contractor shall locate his bypass pipelines to minimize any disturbances to existing utilities and shall obtain approval of the pipeline locations from Halifax and the Engineer. All costs associated with relocating utilities and obtaining all approvals shall be paid by the Contractor.

2. During all bypass pumping operation, the Contractor shall protect the Pumping Station and main and all local sewer lines from damage inflicted by any equipment. The Contractor shall be responsible for all physical damage to the Pumping Station and main and all local sewer lines caused by human or mechanical failure.

3.3 INSTALLATION AND REMOVAL

A. The Contractor shall remove manhole sections or make connections to the existing sewer and construct temporary bypass pumping structures only at the access location indicated on the Drawings and as may be required to provide adequate suction conduit.

B. Plugging or blocking of sewage flows shall incorporate primary and secondary plugging device. When plugging or blocking is no longer needed for performance and acceptance or work, it is to be removed in a manner that permits the sewage flow to slowly return to normal without surge, to prevent surcharging or causing other major disturbances downstream.

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C. When working inside manhole or force main, the Contractor shall exercise caution and comply with OSHA requirements when working in the presence of sewer gases, combustible oxygen-deficient atmospheres, and confined spaces.

D. The installation of the bypass pipelines is prohibited in all saltmarsh/wetland areas. The pipeline must be located off streets and sidewalks and on shoulders of the roads. When the bypass pipeline crosses local streets and private driveways, the Contractor must place the bypass pipelines in trenches and cover with temporary pavement. Upon completion of the bypass pumping operations, and after the receipt of written permission from the engineer, the Contractor shall remove all the piping, restore all property to pre-construction condition and restore all pavement. The Contractor is responsible for obtaining any approvals for placement of the temporary pipeline within public ways from Halifax.

END OF SECTION 333325