work order #175 rockinghorse lane drainage … · 2015. 2. 5. · section 01010, summary of work...

CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF

WORK ORDER #175 ROCKINGHORSE LANE DRAINAGE IMPROVEMENT PROJECT

FOR

City of Lake Oswego

February 2015

City of Lake Oswego Public Works Department Engineering Services Division 380 A Avenue P. O. Box 369 Lake Oswego, Oregon 97034

15‐175 Table of Contents ‐ 1

CONTRACT DOCUMENTS FOR THE

CONSTRUCTION OF WO #175

ROCKINGHORSE LANE DRAINAGE IMRPOVEMENTS FOR

CITY OF LAKE OSWEGO, OREGON

TABLE OF CONTENTS

Pages

BIDDING REQUIREMENTS

Invitation for Bids .................................................................................................. 2 pgs. Instructions to Bidders .......................................................................................... 9 pgs. Bid Form ................................................................................................................ 7 pgs. First‐Tier Subcontractor Disclosure Form .............................................................. 1 pg. Bid Bond ................................................................................................................ 2 pgs.

CONTRACT FORMS

Public Improvement Contract ............................................................................... 7 pgs. Performance Bond ................................................................................................ 3 pgs. Payment Bond ....................................................................................................... 3 pgs.

CONDITIONS OF THE CONTRACT

Standard General Conditions .............................................................................. 42 pgs. Supplementary General Conditions ...................................................................... 9 pgs. BOLI Forms ............................................................................................................ 3 pgs.

TECHNICAL SPECIFICATIONS

DIVISION 1, GENERAL REQUIREMENTS Section 01010, Summary of Work ............................................................ 2 pgs. Section 01015, Work Sequence and Constraints ...................................... 2 pgs. Section 01025, Measurement and Payment ............................................ 7 pgs. Section 01100, Special Provisions ........................................................... 11 pgs. Section 01300, Submittals ........................................................................ 3 pgs.


DIVISION 2, SITE WORK Section 02100, Site Preparation ............................................................... 3 pgs. Section 02200, Earthwork ....................................................................... 13 pgs. Section 02240, Geotextiles ....................................................................... 3 pgs. Section 02700, Sanitary Sewerage and Drainage ................................... 21 pgs. Section 02810, Irrigation ......................................................................... 21 pgs. Section 02900, Exterior Plants ............................................................... 10 pgs.

DIVISION 15, HDPE PIPE Section 15065, High Density Polyethylene Pipe ..................................... 16 pgs.

SPECIAL PERMITS

Traffic Control Plan Application ............................................................................ 3 pgs. Erosion Prevention and Sediment Control Permit Application ............................ 3 pgs.

STANDARD DETAILS Standard Manhole Details Dwg. # WW1-02 48” Extended Precast Manhole Base Dwg. # WW1-02A Manhole Step Dwg. # WW1-10 East Jordan Iron Works “Fish” Manhole Lid Dwg. # 2603C

PLANS (BOUND HEREIN) Sheet No. Title G01 Cover Sheet, Project Location and General Notes G02 G03 EC1 EC2 EC3 EC4 A01 C01 C02 D01 D02 D03 D04 D05

Abbreviations and Legend Existing Conditions Site Preparation, Erosion Control, and Temporary Flow Management Notes Erosion Control and Work Area Isolation Plan Erosion Control Details Erosion Control Details Horizontal Control Plan Plan and Profile Plan and Profile Typical Sections and Details Details Channel Cross Sections Typical Sections and Details Path Crossing Outfall


D06 D07 K01 K02 L01 L02 L03 L04

Path Crossing Outfall Details HDPE Manhole Details Shear Key Plans Shear Key Details Planting Plan Irrigation Plan Planting Notes and Details Irrigation Details

15‐175

INVITATION FOR BIDS FOR

WO #175 ROCKINGHORSE LANE DRAINAGE IMPROVEMENT PROJECT

FOR CITY OF LAKE OSWEGO, LAKE OSWEGO, OREGON

Sealed proposals for WO #175 – Rockinghorse Lane Drainage Improvement Project for the City of Lake Oswego will be received by Rob Amsberry, Project Manager at the 3rd floor reception desk in Lake Oswego City Hall at 380 A Avenue, Lake Oswego, Oregon, 97034 until 2:00 PM, local time, on Thursday, March 5, 2015, and then will be publicly opened and read. The scope of work will include channel grading, stream restoration, manhole and storm pipe installation, culvert replacement, trail repair, slope stabilization in the form of key trench construction, tree removal, tree replacement, landscape restoration and mitigation work. All work taking place will be within resource protection areas and fall under the permitting authority of City of Lake Oswego, City of Portland and the Oregon Division of State Lands (DSL) and Army Corps of Engineers (ACOE). A mandatory pre‐bid conference will be held on site, at the end of the Rockinghorse Lane cul‐de‐sac (near 1257 Rockinghorse Lane), at 8:00 AM local time on Thursday, February 26, 2015. Representatives will be present to discuss the project. Bidders are required to attend and participate in the conference. No proposal will be considered by the Owner unless the proposal contains, or is accompanied by, a statement by the bidder as part of the proposal that the provision required by ORS 279C.840 pertaining to prevailing wages shall be included in the contract. The contract documents may be reviewed, examined, and copies obtained at the City Engineering Dept., 3rd Floor, Lake Oswego City Hall, 380 A Avenue, Lake Oswego, Oregon between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Copies may be obtained upon payment of a non‐refundable fee of $25.00. Copies of the contract documents may also be obtained by mail upon request (phone: 503.635.0270; fax: 503.635.0269) and upon the receipt of an additional $5.00 per contract document to cover postage and handling. Requests sent through the mail shall be addressed to the Engineering Department, City of Lake Oswego, P. O. Box 369, Lake Oswego, Oregon 97034. Plans and Specifications are also available electronically. You have the option to view/download the documents, view plan holder lists, addenda, receive email notifications, and get bid results. You must create a user account within the Bid/RFP website to access this information. Go to the following link to get more information and instructions and sign‐up. http://www.ci.oswego.or.us/publicworks/bid‐rfp‐information. Contractors must be prequalified by the Department of Transportation in order to enter into a contract with the Owner prior to the opening of bids. Prequalification application forms may be obtained from the Construction Contracts Office, Oregon Department of Transportation, 307 Transportation Building, 355 Capitol Street NE, Room 212, Salem, OR 97301, 503.986.6918, or on‐line at http://www.oregon.gov/ODOT/CS/CONSTRUCTION/ and must be submitted to the City no later than date and time set forth above for submission of the bid.

15‐175

The Owner will investigate and determine the qualifications of the apparent low bidder as part of its evaluation of the lowest responsive bid.

Bidders are encouraged to visit the site of the Work during bid preparation. Clarifications to the Bidding Documents will be made by addenda only. Oral statements may not be relied upon and will not be binding or legally effective.

Published in the Daily Journal of Commerce on February 9 and February 11, 2015.

INSTRUCTION TO BIDDERS

15‐175 Instruction to Bidders ‐ 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 and where the bidding procedures are to be administered. ARTICLE 2 ‐ COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office.

City of Lake Oswego Engineering Division 3rd Floor, Lake Oswego City Hall 380 A Avenue Lake Oswego, OR 97034 or Plans and Specifications are also available electronically. You have the option to view/download the documents, view plan holder list, addenda, receive email notification, and get bid results. You must create a user account within the Bid/RFP website to access this information. Go to the following link to get more information and instructions and to sign‐up http://www.ci.oswego.or.us/publicworks/bid‐rfpinformation. 2.02 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 ‐ QUALIFICATIONS OF BIDDERS 3.01 To demonstrate minimum qualifications to perform the Work, each Bidder shall be prequalified with the Oregon Department of Transportation prior to the opening of bids. The class or classes of work for which bidders, or bidder’s subcontractors, if bidder is not prequalified in a designated class of work, must be prequalified are as follows: Highway, Roads, Streets:

Earthwork and Drainage (clearing, earthwork, blasting, riprap, culverts, manholes, inlets, storm sewers, sanitary systems)

Landscaping (roadside seeding, lawns, shrubs, trees, irrigation systems, topsoil)

Erosion Control (temporary and permanent erosion and sediment control; separate erosion control permit if required)

3.02 A contractor or subcontractor need not be licensed under ORS 468A.720 (asbestos removal). The Bidder shall submit copies of his/her letter of prequalification approval from the State of Oregon and completed application as part of his/her bid proposal. Prequalification forms may be obtained from the Construction Contracts Office, Oregon Department of Transportation, 307 Transportation Building, 355 Capitol Street NE, Room 212, Salem, OR 97301, 503.986.3877 (http://www.oregon.gov/ODOT/CS/CONSTRUCTION/Prequalifications.shtml).



ARTICLE 4 ‐ EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions The Supplementary Conditions identify:

A. Geotechnical Recommendations for Rockinghorse Lane Drainage Improvements.

Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. Not Used

4.04 Not Used

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. 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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Not Used 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions. E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the



Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that 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(s) bid and within the times 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. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. 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; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of

construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 ‐ PRE‐BID CONFERENCE 5.01 A mandatory pre‐Bid conference will be held at 8:00 a.m. local time on February 26, 2015 at the Rockinghorse Lane cul‐de‐sac (near 1257 Rockinghorse Lane, Lake Oswego, Oregon 97034. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required 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. Bids received from any prospective bidder that was not represented at the mandatory pre‐bid conference will be rejected. ARTICLE 6 ‐ SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 ‐ INTERPRETATIONS AND ADDENDA



7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten 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, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 ‐ BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder’s maximum Bid price and in the form of a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. The bond shall be executed by a surety company authorized to transact business in the State of Oregon. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom 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 Agreement or 61 days after the Bid opening, whereupon Bid

security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 ‐ CONTRACT TIMES 9.01 The number of days within which, or the

dates by which, milestones are to be achieved and 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, are set forth in the Agreement. ARTICLE 11 ‐ SUBSTITUTE AND “OR‐EQUAL” ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or‐equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or‐equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 ‐ SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so



requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. 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, individual, or entity if requested by Owner. 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 a substitute, without an increase in the Bid. 12.02 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, individuals, or entities. Declining to make requested substitutions will not 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 ‐ PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the issuing office. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid 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 unit price item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice‐president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member 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 below the signature. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to



obtain such qualification prior to award of the Contract. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. If the contract is for a public work subject to ORS 279C.800 to 279C.870 or the Davis Bacon Act (40 U.S.C. 276a) no bid will be received or considered by the public contracting agency unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279C.840 or 40 U.S.C. 276a are to be complied with. No bid for a construction contract shall be received or considered by the City of Lake Oswego unless the bidder is registered, as appropriate for the Scope of Work, with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530 and ORS 701.005. A Bidder shall certify that the bidder is not on a list created by the Construction Contractors Board under ORS 701.227 for bidders who are not qualified to hold a contract for a public improvement. Each bid must identify whether the bidder is a resident bidder, as defined in ORS 279A.120. ARTICLE 14 ‐ BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 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. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. 14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 ‐ SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one copy of the Bid Form, and, if required, the Bid Bond Form. The Bid Form is to be completed and submitted with the Bid security and the following data: A. Acknowledge receipt of Addenda. B. Attach Bid Security. C. Attach copy of Pre‐qualification

Application. Attach First‐Tier Subcontractor Disclosure Form (see form for filing dead line).

Attach copy of Supplemental Qualifications Statement (if required). 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the



Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” Bids sent by facsimile will be considered non responsive and rejected. ARTICLE 16 ‐ MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 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 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. For public improvement contracts greater than $100,000:

“Instructions for First Tier Subcontractor Disclosure”

Bidders are required to disclose information about certain first tier subcontractors when the contract value for a Public Improvement is greater than $100,000 (see ORS 279C.370. Specifically, when the contract amount of a first tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the bidder must disclose the following information about that subcontract either in its Bid submission or within two hours after bid closing: The subcontractor’s name, The category of work that the subcontractor would be performing, The dollar value of each subcontract. If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate “NONE” on the accompanying form. THE OWNER MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSUE FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

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 further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would



not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the contract is to be awarded, it will be awarded to the Bidder who submits the lowest responsive, responsible bid and whose evaluation by Owner indicates that the award will be in the best interests of the Project. 19.07 If the contract is intended to be awarded, Owner will issue a written Notice of Intent to Award to each Bidder who submitted a Bid at least ten (10) days before the award of a Contract.

19.08 If the contract is to be awarded, Owner will give successful Bidder a Notice of Award within thirty (30) days after the date the Notice of Intent to Award is issued. 19.09 Notwithstanding Lake Oswego Public Contracting Procedures Rule 103‐0450, any Bidder who believes they will be adversely affected or aggrieved by Owner’s intent to award the contract to the apparent low bidder, shall have seven (7) calendar days from the date the Notice of Intent to Award is issued to submit to the Owner, at its Issuing Office, a written protest of such intended award. The written protest shall, at a minimum, set forth the specific reasons why the protester believes that the contract should not be awarded to the apparent low Bidder and certify that the Protester’s Bid is itself responsive in all respects to the Owner’s Bidding requirements. Owner will furnish any such protesting Bidder written notice of its decision on such protests prior to contract award. ARTICLE 20 ‐ CONTRACT SECURITY AND INSURANCE 20.01 Article 5 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 executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 ‐ SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied four (4) unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver two fully signed



counterparts to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 ‐ SALES AND USE TAXES 22.01 Owner is exempt from [Oregon] state sales and use taxes on materials and equipment to be incorporated in the Work. ARTICLE 23 ‐ RETAINAGE 23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. In lieu of retainage, provisions may be made as provided in ORS 279C.560 for depositing with Owner, approved bonds or securities of value equal to the retainage.

ARTICLE 24 ‐ CONTRACTS TO BE ASSIGNED 24.01 None Rev 03/06 Contracts/Instructions_To_Bidders_2002.doc

15‐175 Bid Form ‐ 1

(Bid Form greater than $25,000) BID FORM

(A) PROJECT IDENTIFICATION: Rockinghorse Lane Drainage Improvement Project. (B) CONTRACT IDENTIFICATION AND NUMBER: Work Order 175 THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council City of Lake Oswego 380 A Avenue Lake Oswego, Oregon 97034

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation

to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of Owner’s Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the

Agreement, that:

(a) Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)

Addendum No. Date Addendum No. Date

(b) Bidder has visited the site and become familiar with and is satisfied as to the

general, local and site conditions that may affect cost, progress, performance and furnishing of the Work;

15‐175 Bid Form ‐ 2

(c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

(d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary General Conditions as provided in paragraph 4.02.A. of the General Conditions. Bidder accepts the determination set forth in paragraph SC ‐ 4.02. of the Supplementary General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.02. of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder’s purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

(e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

(f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

(g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

15‐175 Bid Form ‐ 3

(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

(i) Bidder has not discriminated against minority business enterprises, woman business enterprises, or emerging small business enterprises in obtaining any required subcontracts.

(j) The Bidder acknowledges whether he is/is not registered with the Oregon Construction Contractors Board by placing his initials on the appropriate line:

The undersigned as a Bidder, IS registered with the Oregon Construction Contractor’s Board.

The undersigned as a Bidder, IS NOT registered with the Oregon Construction Contractor’s Board.

The Bidder is NOT on a list created by the Construction Contractors Board under ORS 701.227 for Bidders who are not qualified to hold a contract for public improvement.

(k) The Bidder acknowledges whether he is/is not licensed by the State Landscape

Contractors Board as required by ORS 671.530 and ORS 701.005, by placing his initials on the appropriate line.

The undersigned as a Bidder IS licensed by the State Landscape Contractors Board.

The undersigned as Bidder IS NOT licensed by the State Landscape Contractors Board.

(l) The Bidder acknowledges whether he is/is not a resident Bidder in the State of

Oregon by placing his initials on the appropriate line:

The undersigned as a Bidder IS a resident Bidder in the State of Oregon.

The undersigned as Bidder IS NOT a resident Bidder in the State of Oregon.

15‐175 Bid Form ‐ 4

. That the provisions required by ORS 279C.840 relating to prevailing wage rates shall be included in this contract.

The undersigned agrees that if awarded the contract, he/she will commence work within ten (10) days after the date of receipt of written notice to proceed, and he/she will complete the work within the time limits specified in the Agreement.

(o) Bidder does hereby represent that the unit prices submitted, have been computed in accordance with paragraph 11.03. of the General Conditions and are those at which Bidder will perform the Work involved.

(p) Bidder does hereby propose to furnish all labor, materials, equipment, and services necessary to construct and complete the project entitled: WO #175 Rockinghorse Lane Drainge Improvement Project for the sums set forth in the following Schedule of Unit Price Bids:

15‐175 Bid Form ‐ 5

Schedule of Unit Price Bids Work Order 175

Rockinghorse Lane Drainage Improvement Project

Item Description Unit Qty Price

Total

1 Mobilization LS 1

2 Traffic Control LS 1

3 Erosion and Sedement Control LS 1

4 Work Area Isolation LS 1

5 Tree Protection LS 1

6 Tree Removal LS 1

7 Construction Survey Work LS 1

8 Clearing And Grubbing LS 1

9.1 Excavation – Shear Key Excavation

LS 1

9.2 Excavation – Channel Excavation

LS 1

10 Trench Rock Ton 735

11.1 Riprap ‐ Class 100 Ton 20

11.2 Riprap – Class 200 Ton 23

12.1 Geotextiles – Non‐Woven Matting

SY 1,620

12.2 Geotextiles – Woven Matting SY 30

12.3 Geotextiles – Riprap Geotextile SY 2,875

13 Stone Embankment Ton 1,400

14 Streambed Gravel CY 210

15 Crushed Rock CY 5

16.1 Fused HDPE Pipe LF 360

16.2 Storm Pipe – 12‐inch HDPE Drain Pipe

LF 100

16.3 Storm Pipe – 24‐inch Corrugated HDPE Storm Pipe

LF 32

17 Manholes – HDPE Manhole EA 1

18 Manholes – 48‐Inch Standard Manhole

EA 1

19 Irrigation LS 1

20 Landscaping LS 1

$

Bid Total (Written Out)

15‐175 Bid Form ‐ 6

All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with paragraph 11.02. of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents.

4. Bidder agrees that the Work will be substantially completed and completed and ready

for final payment in accordance with paragraph 14.07. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

5. The following documents are attached to and made a condition of this Bid:

(a) Required Bid Security in the form of

in the amount of which is ten percent (10%) of the total bid amount.

(b) Required Bidder’s letter of prequalification approval from the State of Oregon and prequalification application submitted to the State of Oregon with supporting data if so requested by Owner.

(c) List of first‐tier subcontractors (see form for filing deadline). 6. Communications concerning this Bid shall be addressed to Bidder indicated below. 7. Terms used in this Bid which are defined in the General Conditions or Instructions to

Bidders will have the meanings indicated in the General Conditions or Instructions to Bidders.

SUBMITTED on ___________________________, 20 .

State Contractor License No. ______________________________________. Complete in black ink or by typewriter. If BIDDER is: An Individual Signature

(Individual's Name, Typed or Printed)

doing business as

15‐175 Bid Form ‐ 7

Business address

Phone No. A Partnership Firm Name Signature

(Name of Partner, Typed or Printed)

Business address

Phone No.

15‐175 Bid Form ‐ 8

A Corporation Corporation Name Signature

(Officer's Name, Typed or Printed)

(Title)

(State of Incorporation)

Attest (Secretary's Signature)

Business address

Phone No. Date of Qualification to do business A Joint Venture Joint Venture Name Signature

(Name of Person Signing, Typed or Printed)

(Title)

(Address for Official Business)

(Phone Number for Official Business)

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). H:\CONTRACT\cao_bidfm+50.doc Rev. 03/06

15‐175

FIRST‐TIER SUBCONTRACTOR DISCLOSURE FORM (OAR 137‐040‐0017)

Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award

AGENCY SUPPLIED INFORMATION:

PROJECT NAME: Rockinghorse Lane Drainage Improvement Project

BID #: WO 175 BID CLOSING: Date: March 5, 2015 Time: 2:00 PM

REQUIRED DISCLOSURE DEADLINE: Date: March 5, 2015 Time: 4:00 PM

Deliver Form To (Agency): City of Lake Oswego

Designated Recipient (Person): Rob D. Amsberry Phone #: 503.635.0270

Agency’s Address: 380 A Avenue, P. O. Box 369 Lake Oswego, Oregon 97034 INSTRUCTIONS: The contracting agency will insert "N/A" above if the contract value is not anticipated to exceed $100,000. Otherwise this form must be submitted either with the bid or within two (2) working hours after the advertised bid closing date and time; but no later than the DISCLOSURE DEADLINE stated above. Unless otherwise stated in the solicitation, this document shall not be submitted by facsimile. It is the responsibility of bidders to submit this disclosure form and any additional sheets, with the bid number and project name clearly marked, at the location indicated by the specified disclosure deadline. See “Instructions to Bidders”. List below the Name, Category of Work and Dollar Value for each first‐tier subcontractor that would be furnishing labor, or labor and material, for which disclosure is required. Enter the word "NONE" if there are no first‐tier subcontractors subject to disclosure. ATTACH ADDITIONAL SHEETS IF NECESSARY. BIDDER DISCLOSURE: SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE

1.

2.

3.

4.

5.

6. The above listed first‐tier subcontractor(s) are providing labor, or labor and material, with a Dollar Value equal to or greater than:

a) 5% of the total Contract Price, but at least $15,000. [If the Dollar Value is less than $15,000 do not list the subcontractor above.] or b) $350,000 regardless of the percentage of the total Contract Price.

Form Submitted By (Bidder Name): _________________________________________________ Contact Name: ___________________________________ Phone #: _______________________

PENAL SUM FORM

15‐175 Bid Bond ‐ 1

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: Project (Brief Description Including Location): BOND Bond Number: Date (Not later than Bid due date):

Penal sum

(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY

(Seal) (Seal)

Bidder's Name and Corporate Seal Surety’s Name and Corporate Seal By: By:

Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest:

Signature and Title Signature and Title Note: Above addresses are to be used for giving required notice.

PENAL SUM FORM

15‐175 Bid Bond ‐ 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 Surety’s liability. 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 by 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 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 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. EJCDC NO. C‐430 (2002 Edition) Contracts/Bid_Bond_2002.doc

15‐175

CITY OF LAKE OSWEGO

PUBLIC WORKS / PUBLIC IMPROVEMENT CONTRACT FOR PUBLIC IMPROVEMENT

(Greater than $50,000 / with General and Supplementary Conditions)

Contractor: Date of Contract:

Mailing Address:

Date of Substantial Completion:

October 31, 2015

Date of Final Completion November 30, 2015 Work: Work Order 175 Project: Rockinghorse Lane Drainage

Improvement Project Contract Amount:

WITNESSETH:

Contractor and the City of Lake Oswego, a municipal corporation, (“Owner”) mutually covenant and agree to and with each other as follows: 1. WORK / PROJECT

1.1 General Description of Work. The Work is generally described as follows: The scope of work will include channel grading, stream restoration, manhole and storm pipe installation, culvert replacement, trail repair, slope stabilization in the form of key trench construction, tree removal, tree replacement, landscape restoration and mitigation work. All work taking place will be within resource protection areas and fall under the permitting authority of City of Lake Oswego, City of Portland and the Oregon Division of State Lands (DSL) and Army Corps of Engineers (ACOE).

The Work is part of the above named “Project”, if stated above. 1.2 Project. The project for which the Work under the Contract Documents may be a part is referenced above.

15‐175

2. CLASSIFICATION OF WORK / CONTRACT DOCUMENTS

2.1 Classification of Work. This Work is classified as: Applicable classification(s)

Classification Description of Classification

_____X______ (Note: Public Work and Public Improvement are not mutually exclusive; a public impvt contract is frequently also a public works contract).

Public Work Construction ‐ includes the initial building of structures and roads. Reconstruction ‐ includes the restoration of existing buildings and the restoration, rebuilding or resurfacing of existing roads (includes emergency work). Major Renovation ‐ includes any remodeling or alteration of existing structures or roads (includes emergency work). Painting of structure or building. General Maintenance / Demolition –Only if part of construction or major renovation project

______X_______

Public Improvement Construction, reconstruction or major renovation on real property, not including emergency work, or ordinary repair or maintenance necessary to preserve a public improvement.

_______________

Service Contract Relating to Public Improvement Project

General Maintenance necessary to preserve a public improvement (not part of construction or renovation). Demolition – Only if not part of construction or renovation).

2.2 Contract Documents. The Contract between the parties includes all of the following documents, and any conflicts shall be resolved in the following priority Classification of Work Documents

(* indicate documents attached; otherwise incorporated by reference)

Applicable to all Classifications of Work

This Contract, addenda*, Proposal / Bid*; Specifications and Drawings (including Written Amendments)*

Public Improvement Lake Oswego Public Improvement Contract Provisions (with General or Supplemental Conditions)*; Notice to Proceed; Bonds (if required) [Public Work documents listed below are also included.]

Public Work Lake Oswego Public Works Contract Provisions (with General or Supplemental Conditions) (includes Prevailing Rate Of Wage)*; Notice to Proceed; Change Orders and ENGINEER’s written interpretations and clarifications issued on or after the Date of Contract; Post Bid documentation submitted prior to the Notice of Award*

Service Contract Related to Public Improvement

Lake Oswego Standard Public Contract Provisions*

Together with the following additional Exhibit(s): Note: Shop Drawing submittals approved pursuant to paragraph 6.17 of the General Conditions and the reports and drawings referred to in paragraph 4.02 of the General Conditions are not Contract Documents.

3. CONTRACT TIMES / LIQUIDATED DAMAGES 3.1 Dates of Substantial and Final Completion. The Work will be substantially completed on or before the Date of Substantial Completion stated above, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the Date of Final Completion stated above.

15‐175

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Contract and OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500/day.) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars ($500 / day.) for each day that expires after the time specified for Final Completion. 4. CONTRACT AMOUNT. No payment shall be due to the Contractor until the Contractor has completed and submitted to the City’s Finance Department the IRS Form W‐9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs‐pdf/fw9.pdf). The City prefers to pay contractors by electronic fund transfer; the contractor may submit the EFT agreement (http://tinyurl.com/LO‐EFT) to the City’s Finance Department. OWNER agrees to pay, and CONTRACTOR agrees to accept, in full payment for completion of the Work in accordance with the Contract Documents, the Contract Amount stated above, as defined in 1.01.A.13 of the General Conditions; provided however, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER named above, if applicable, or Owner’s Project Manager, as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. CONTRACTOR By:__________________________ Name:________________________ Title: _________________________ Date: _________________________ Check one: Sole Proprietor ______ Partnership ______ Corporation ______ Limited Liability Company ________ Limited Liability Partnership ________ Other: _________________ ________ Domicile, if other than Oregon: ________

Ver. 1106

CITY OF LAKE OSWEGO ____________________________ Scott Lazenby, City Manager Date: ______________________ Public Contracting Officer 380 A Avenue P.O. Box 369 Lake Oswego, OR 97034 Date Authorized by Council, if applicable: _______________________________. APPROVED AS TO FORM: _____________________ ____ Evan P. Boon, Deputy City Attorney

LAKE OSWEGO PUBLIC WORKS CONTRACT PROVISIONS (11/07) (with General and Supplemental Conditions)

Page 1 – Lake Oswego Public Works Contract Provisions

The following Public Works Contract Provisions are made a part of the Contract between Owner and Contractor. RELATIONSHIP WITH PUBLIC IMPROVEMENT CONTRACT

PROVISIONS If the Contract also contains Lake Oswego Public Improvement Contract Provisions, in the event these Public Works Contract Provisions address the same matter as the Lake Oswego Public Improvement Contract Provisions, the Lake Oswego Public Improvement Contract Provisions shall control.

PUBLIC WORKS BONDS FOR CONTRACTS $100,000 OR

ABOVE If the original Contract Amount is $100,000 or greater, or if the Contract Amount is amended to a Contract Amount $100,000 or greater, and unless otherwise exempt under ORS 279C.836(4), (7) – (9), the Contractor shall file a public works bond with the Oregon Construction Contractors Board before starting or continuing work on the project. Further, the Contractor shall then include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Oregon Construction Contractors Board before starting work, or if the Contract Amount is amended to $100,000 or above, before continuing work on the project. ORS 279C.830(3)(a,b)

PREVAILING RATE OF WAGE 1. The hourly rate of wage to be paid by any contractor or subcontractor to workers upon all public works where the Project Amount price exceeds $50,000 shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed as determined by the Commissioner of the Bureau of Labor and Industries, unless the project is subject to both the Oregon Prevailing Wage Law and the federal Davis‐Bacon Act, in which event the payment to the worker shall be the higher of the state or federal rates. See applicable state rates: http://www.boli.state.or.us/BOLI/WHD/PWR/pwr_book.shtml; and projects that are also subject to federal prevailing wage laws, see www.wdol.gov/ for federal wage rates. 2. Any contract between Contractor and a subcontractor shall contain a provision that shall require the Subcontractor to pay workers not less than the higher applicable specified minimum hourly rate of wage. 3. The Contractor and subcontractor(s), if any, shall keep the prevailing wage rates for this project posted in a conspicuous and accessible place in or about the project. 4. If the Contractor or subcontractor also provides for or contributes to a health and welfare plan or a pension plan, or both, for its employees on the project, it shall post notice describing such plans in a conspicuous and accessible place in or about the project. The notice shall contain information on how and where to make claims and where to obtain further information.

5. The Contractor and every subcontractor shall file certified statements with the Owner in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the Contract, which certificate and statement shall be verified by the oath of the Contractor or the Contractor's surety or subcontractor or subcontractor's surety that the Contractor or subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor or subcontractor's knowledge. The certified statements shall set out accurately and completely the payroll records for the prior week including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The certified statement shall be delivered or mailed by the Contractor or subcontractor to the Owner within the time required by ORS 279C.845 and OAR 839‐016‐0010. If Contractor fails to file the certified statement, the OWNER shall, pursuant to Oregon law, shall withhold 25% of amounts owed to contractors, in addition to any retainage withholding. Contractor shall, similarly, withhold 25% of amounts owed to subcontractors if the subcontractor fails to file the certified statement. 6. The Contractor or subcontractor shall preserve the certified statements for a period of three years from the date of completion of the contract.

LAKE OSWEGO PUBLIC IMPROVEMENTS CONTRACT PROVISIONS (01/09) (with General and Supplemental Conditions)

Page 1 – Lake Oswego Public Improvement Contract Provisions

The following Public Improvement Contract Provisions are made a part of the Contract between Owner and Contractor.

CONTRACTOR’S REPRESENTATIONS Contractor: 1. Has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. .2. Has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. 3. Has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02. of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 4. Has obtained and carefully studied (or assumes responsibility for having done so) all additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences and procedures, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. 5. Does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Amount, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6. Is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 7. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 8. Has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 9. Agrees that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

PROGRESS PAYMENTS Except the extent otherwise provided in the General or Supplemental Conditions, Contractor shall submit Applications for Payment in accordance with the following:

1. Progress Payments: Retainage. Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as recommended by Engineer, during construction as provided in paragraphs 1.1 and 1.2 below. Payment shall be tendered, when due, in a manner consistent with the Owner’s Finance Department’s accounts payable check run cycle in place at the time payment is due. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1.1. 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 Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions: 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and 95% (with the balance being retainage) of cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.02 of the General Conditions). 1.2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100% of the work completed, less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of Engineer’s estimate of the value of the Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the Certificate of Substantial Completion. 1.3. As provided by ORS 279C.570(7), 5% of the monthly progress payments due to Contractor shall be retained by the Owner until final payment is paid at the completion of the Project, unless the Contractor complies with ORS 279C.560 and provides required security to reduce the retainage. 2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. 3. Interest. In accordance with ORS 279C.570, the rate of interest charged to the Owner on the amount due shall equal three times the discount rate on 90‐day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after receipt of the invoice from the contractor or 15 days after the payment is approved by the Owner, whichever is the earlier



date, but the rate of interest shall not exceed 30 percent. Payment of interest may be postponed when payment on the principal is delayed because of disagreement between the Owner and the Contractor.

CONTRACTOR/SUBCONTRACTOR PAYMENT DISPUTES

The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first‐tier subcontractor, including a material supplier, for the purpose of performing this construction contract: 1. A payment clause that obligates the Contractor to pay the first‐tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the public contracting agency under such contract; and 2. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the Owner, to pay to the first‐tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a) of this subsection. A contractor or first‐tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first‐tier subcontractor did not make payment when payment was due is that the contractor or first‐tier subcontractor did not receive payment from the Owner or contractor when payment was due. The interest penalty shall be: a. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and b. Computed at the rate specified in 279C.570 (2). The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the first‐tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of this section and require each of its subcontractors to include such clauses in their subcontracts with each lower‐tier subcontractor or supplier. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.560(6) until such time as the Contractor has determined and certified to the Owner that the subcontractor is entitled to the payment of such amount. A dispute between the Contractor and a first‐tier subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsection (4) or (5) of ORS 279C.580 does not constitute a dispute to which the Owner is a party. The Owner shall not be included as a party in any administrative or judicial proceeding involving such a dispute.

PAYMENT OF LABORERS AND DRUG TESTING PROGRAM

1. The Contractor shall, to the extent as may be required by Oregon law: a. Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for this contract; b. Workers shall be paid not less than the applicable state or federal prevailing wage rate, whichever is higher. ORS 279C.830(1)(c); OAR 839‐025‐0020(3) c. Pay all contributions or amounts due the Industrial Accident Fund by the Contractor or subcontractors, if permitted, incurred in the performance of this contract; d. Not permit any lien or claim to be filed or prosecuted against the Owner on account of any labor or material furnished; and e. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. f. Demonstrate that an employee drug testing program is in place during the term of this Contract. 2. If the Contractor fails to pay for labor and services, the Owner may pay for them and withhold these amounts from payments to the Contractor. ORS 279C.515; OAR 839‐025‐0020(2)(a). 3. If the contractor or a first‐tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials within 30 days after receipt of payment from the Owner or a contractor, the contractor or first‐tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10‐day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first‐tier subcontractor on the amount due shall equal three times the discount rate on 90‐day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the Owner or from the contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. 4. If requested in writing by a first‐tier subcontractor, the contractor, within 10 calendar days after receiving the request, shall send to the first‐tier subcontractor a copy of that portion of any invoice, request for payment submitted to the public contracting agency or pay document provided by the public contracting agency to the contractor specifically related to any labor or materials supplied by the first‐tier subcontractor. 5. This contract and every contract related to this contract shall contain a clause or condition that, if the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the this contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. 6. The payment of a claim in this manner shall not relieve the Contractor or the Contractor's surety, if any, from obligation with respect to any unpaid claims. PAYMENT FOR MEDICAL CARE AND PROVIDING WORKERS'

COMPENSATION



The Contractor shall promptly, as due, make payment to any person, co‐partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. ORS 279C.530; OAR 839‐025‐0020(2)(d). The Contractor, its subcontractors, if any, and all employers working under this contract, are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers.

HOURS OF LABOR For those employees of Contractor that are covered or subject to Oregon employment laws, no person shall be employed for more than ten hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or where the Owner absolutely requires it, and in such cases, the laborer shall be paid at least time and a half pay: 1. for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. for all overtime in excess of ten hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; or 3. for work performed on Saturday and on any legal holidays specified in ORS 279C.540. For those employees of Contractor that are covered or subject to Oregon employment laws, Contractor must, pursuant to ORS 279C.520(1)(b), give notice to employees who perform work on this Contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

TIME LIMITATION ON CLAIM FOR OVERTIME To the extent any of Contractor’s employees are covered by the Oregon employment laws, such covered worker employed by the Contractor shall be foreclosed from the right to collect for any overtime under this contract unless a claim for payment is filed with the Contractor within 90 days from the completion of the contract, providing the Contractor has: 1. Caused a circular clearly printed in blackface pica type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed on the work, and 2. Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed.

COMPLIANCE WITH LAWS The provisions of ORS 279C.570 and ORS 279C.600 ‐ 279C.620 for public contracting are incorporated by this reference as though fully set forth herein. In addition, the

Contractor shall comply with all Federal, State and local laws and ordinances applicable to the Work to be done under this Contract. The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or disability.

RECYCLING DEMOLITION MATERIALS If this Contract calls for demolition work, the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost‐effective.

LANDSCAPE MAINTENANCE If this contract is for lawn and landscape, the contractor shall compost or mulch yard waste material at an approved site, if feasible and cost‐effective. Ver. 09

15‐175 Performance Bond ‐ 1

PERFORMANCE BOND

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

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal)

Name and Title: Surety’s Name and Corporate Seal By:

Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest:

Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal)


Signature and Title (Attach Power of Attorney) Attest:

Signature and Title:


1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after:

3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

3.2. Owner has declared a Contractor Default and

formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and

3.3. Owner has agreed to pay the Balance of the

Contract Price to:

1. Surety in accordance with the terms of the Contract;

2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract.

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

4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract

itself, through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

4.4. Waive its right to perform and complete, arrange

for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

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

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;

6.2. Additional legal, design professional, and delay


costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages

are specified in the Contract, actual damages caused by delayed performance or non‐performance of Contractor.

7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after 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 period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

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

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

12.2. Contract: The agreement between Owner and

Contractor identified on the signature page, including all Contract Documents and changes thereto.

12.3. Contractor Default: Failure of Contractor, which

has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. Owner Default: Failure of Owner, which has

neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker Owner’s Representative (engineer or other party)

EJCDC No. C‐610 (2002 Edition) Contracts/2002/Performance_Bond_2002.doc

15‐175 Payment Bond ‐ 1

PAYMENT BOND

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

CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal)


Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest:

Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal)


Signature and Title (Attach Power of Attorney) Attest:

Signature and Title:


1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for

all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner

from all claims, demands, liens, or suits alleging non‐payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct

contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with

Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to

Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed

amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make


payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct

contract with Contractor, or with a first‐tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2. Contract: The agreement between Owner and

Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of Owner, which has

neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof..

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker: Owner’s Representative (engineer or other party): EJCDC No. C‐615 (2002 Edition Contracts/Payment_Bond_2002.doc

15‐175 General Conditions -1

TABLE OF CONTENTS

Page ARTICLE 1 ‐ DEFINITIONS AND TERMINOLOGY ............................................................................................................................ 4 1.01 Defined Terms .......................................................................................................................................................... 4 1.02 Terminology ............................................................................................................................................................. 6

ARTICLE 2 ‐ PRELIMINARY MATTERS ............................................................................................................................................ 7 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................................................... 7 2.02 Copies of Documents ................................................................................................................................................ 7 2.03 Commencement of Contract Times; Notice to Proceed ........................................................................................... 7 2.04 Starting the Work ..................................................................................................................................................... 7 2.05 Before Starting Construction .................................................................................................................................... 7 2.06 Preconstruction Conference ..................................................................................................................................... 7 2.07 Initial Acceptance of Schedules ................................................................................................................................ 7

ARTICLE 3 ‐ CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................................................................................... 8 3.01 Intent ........................................................................................................................................................................ 8 3.02 Reference Standards ................................................................................................................................................ 8 3.03 Reporting and Resolving Discrepancies ................................................................................................................... 8 3.04 Amending and Supplementing Contract Documents ............................................................................................... 9 3.05 Reuse of Documents ................................................................................................................................................. 9 3.06 Electronic Data ......................................................................................................................................................... 9

ARTICLE 4 ‐ AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ............................................................................................................................................... 9 4.01 Availability of Lands ................................................................................................................................................. 9 4.02 Subsurface and Physical Conditions ....................................................................................................................... 10 4.03 Differing Subsurface or Physical Conditions ........................................................................................................... 10 4.04 Underground Facilities ........................................................................................................................................... 11 4.05 Reference Points .................................................................................................................................................... 11 4.06 Hazardous Environmental Condition at Site .......................................................................................................... 11

ARTICLE 5 ‐ BONDS AND INSURANCE ........................................................................................................................................ 13 5.01 Performance, Payment, and Other Bonds .............................................................................................................. 13 5.02 Licensed Sureties and Insurers ............................................................................................................................... 13 5.03 Certificates of Insurance ........................................................................................................................................ 13 5.04 Contractor’s Liability Insurance .............................................................................................................................. 13 5.05 Owner’s Liability Insurance .................................................................................................................................... 14 5.06 Property Insurance ................................................................................................................................................. 14 5.07 Waiver of Rights ..................................................................................................................................................... 15 5.08 Receipt and Application of Insurance Proceeds ..................................................................................................... 15 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................................................ 16 5.10 Partial Utilization, Acknowledgment of Property Insurer ...................................................................................... 16

ARTICLE 6 ‐ CONTRACTOR’S RESPONSIBILITIES ......................................................................................................................... 16 6.01 Supervision and Superintendence .......................................................................................................................... 16 6.02 Labor; Working Hours ............................................................................................................................................ 16 6.03 Services, Materials, and Equipment ....................................................................................................................... 16 6.04 Progress Schedule .................................................................................................................................................. 17 6.05 Substitutes and “Or‐Equals”................................................................................................................................... 17 6.06 Concerning Subcontractors, Suppliers, and Others ................................................................................................ 18 6.07 Patent Fees and Royalties ...................................................................................................................................... 19 6.08 Permits ................................................................................................................................................................... 19 6.09 Laws and Regulations ............................................................................................................................................ 19 6.10 Taxes ...................................................................................................................................................................... 20 6.11 Use of Site and Other Areas ................................................................................................................................... 20 6.12 Record Documents ................................................................................................................................................. 20 6.13 Safety and Protection ............................................................................................................................................. 20

15‐175 General Conditions ‐2

6.14 Safety Representative ............................................................................................................................................ 21 6.15 Hazard Communication Programs ......................................................................................................................... 21 6.16 Emergencies ........................................................................................................................................................... 21 6.17 Shop Drawings and Samples .................................................................................................................................. 21 6.18 Continuing the Work .............................................................................................................................................. 22 6.19 Contractor’s General Warranty and Guarantee .................................................................................................... 22 6.20 Indemnification ...................................................................................................................................................... 23 6.21 Delegation of Professional Design Services ............................................................................................................ 23

ARTICLE 7 ‐ OTHER WORK AT THE SITE ...................................................................................................................................... 24 7.01 Related Work at Site .............................................................................................................................................. 24 7.02 Coordination .......................................................................................................................................................... 24 7.03 Legal Relationships ................................................................................................................................................ 24

ARTICLE 8 ‐ OWNER’S RESPONSIBILITIES ................................................................................................................................... 24 8.01 Communications to Contractor .............................................................................................................................. 24 8.02 Replacement of Engineer ....................................................................................................................................... 24 8.03 Furnish Data ........................................................................................................................................................... 24 8.04 Pay When Due ........................................................................................................................................................ 25 8.05 Lands and Easements; Reports and Tests .............................................................................................................. 25 8.06 Insurance ................................................................................................................................................................ 25 8.07 Change Orders ....................................................................................................................................................... 25 8.08 Inspections, Tests, and Approvals .......................................................................................................................... 25 8.09 Limitations on Owner’s Responsibilities ................................................................................................................. 25 8.10 Undisclosed Hazardous Environmental Condition ................................................................................................. 25 8.11 Evidence of Financial Arrangements ...................................................................................................................... 25

ARTICLE 9 ‐ ENGINEER’S STATUS DURING CONSTRUCTION ...................................................................................................... 25 9.01 Owner’s Representative ......................................................................................................................................... 25 9.02 Visits to Site ............................................................................................................................................................ 25 9.03 Project Representative ........................................................................................................................................... 25 9.04 Authorized Variations in Work ............................................................................................................................... 26 9.05 Rejecting Defective Work ....................................................................................................................................... 26 9.06 Shop Drawings, Change Orders and Payments ...................................................................................................... 26 9.07 Determinations for Unit Price Work ....................................................................................................................... 26 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................................................... 26 9.09 Limitations on Engineer’s Authority and Responsibilities ...................................................................................... 26

ARTICLE 10 ‐ CHANGES IN THE WORK; CLAIMS ......................................................................................................................... 27 10.01 Authorized Changes in the Work ............................................................................................................................ 27 10.02 Unauthorized Changes in the Work ....................................................................................................................... 27 10.03 Execution of Change Orders ................................................................................................................................... 27 10.04 Notification to Surety ............................................................................................................................................. 27 10.05 Claims ..................................................................................................................................................................... 27

ARTICLE 11 ‐ COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ...................................................................................... 28 11.01 Cost of the Work .................................................................................................................................................... 28 11.02 Allowances ............................................................................................................................................................. 29 11.03 Unit Price Work ...................................................................................................................................................... 30

ARTICLE 12 ‐ CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................................................................... 30 12.01 Change of Contract Price ....................................................................................................................................... 30 12.02 Change of Contract Times ...................................................................................................................................... 31 12.03 Delays ..................................................................................................................................................................... 31

ARTICLE 13 ‐ TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..................................... 31 13.01 Notice of Defects .................................................................................................................................................... 31 13.02 Access to Work ....................................................................................................................................................... 32 13.03 Tests and Inspections ............................................................................................................................................. 32 13.04 Uncovering Work ................................................................................................................................................... 32 13.05 Owner May Stop the Work ..................................................................................................................................... 32 13.06 Correction or Removal of Defective Work .............................................................................................................. 33 13.07 Correction Period ................................................................................................................................................... 33 13.08 Acceptance of Defective Work ............................................................................................................................... 33


13.09 Owner May Correct Defective Work ...................................................................................................................... 33 ARTICLE 14 ‐ PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................................................ 34 14.01 Schedule of Values ................................................................................................................................................. 34 14.02 Progress Payments ................................................................................................................................................. 34 14.03 Contractor’s Warranty of Title ............................................................................................................................... 36 14.04 Substantial Completion .......................................................................................................................................... 36 14.05 Partial Utilization ................................................................................................................................................... 36 14.06 Final Inspection ...................................................................................................................................................... 36 14.07 Final Payment ........................................................................................................................................................ 37 14.08 Final Completion Delayed ...................................................................................................................................... 37 14.09 Waiver of Claims .................................................................................................................................................... 37

ARTICLE 15 ‐ SUSPENSION OF WORK AND TERMINATION ........................................................................................................ 38 15.01 Owner May Suspend Work .................................................................................................................................... 38 15.02 Owner May Terminate for Cause ........................................................................................................................... 38 15.03 Owner May Terminate For Convenience ................................................................................................................ 38 15.04 Contractor May Stop Work or Terminate .............................................................................................................. 39

ARTICLE 16 ‐ DISPUTE RESOLUTION ........................................................................................................................................... 39 16.01 Methods and Procedures ....................................................................................................................................... 39

ARTICLE 17 ‐ MISCELLANEOUS ................................................................................................................................................... 39 17.01 Giving Notice .......................................................................................................................................................... 39 17.02 Computation of Times ............................................................................................................................................ 39 17.03 Cumulative Remedies ............................................................................................................................................. 40 17.04 Survival of Obligations ........................................................................................................................................... 40 17.05 Controlling Law ...................................................................................................................................................... 40 17.06 Headings ................................................................................................................................................................ 40


GENERAL CONDITIONS ARTICLE 1 ‐ DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 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 which is evidence of the agreement between Owner and Contractor covering the Work. 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. Asbestos‐‐Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid‐‐The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder‐‐The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents‐‐The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements‐‐The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order‐‐A document recommended by Engineer which is signed by Contractor and Owner and

authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim‐‐A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract‐‐The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents‐‐ Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price‐‐The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times‐‐The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com‐plete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor‐‐The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work‐‐See Paragraph 11.01.A for definition. 17. Drawings‐‐That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement‐‐The date indicated in the Agreement on which it becomes effec‐tive, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.


19. Engineer‐‐The individual or entity named as such in the Agreement. 20. Field Order‐‐A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements‐‐Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition‐‐The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste‐‐The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations‐‐Any and all applicable laws, rules, regulations, ordinanc‐es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens‐‐Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone‐‐A principal event specified in the Contract Documents relating to an intermediate comple‐tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award‐‐The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed‐‐A written notice given by Owner to Contractor fixing the date on which the Con‐tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner‐‐The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs‐‐Polychlorinated biphenyls.

31. Petroleum‐‐Petroleum, including crude oil or any fraction thereof which is liquid at standard condi‐tions of temperature and pressure (60 degrees Fahren‐heit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non‐Hazardous Waste and crude oils. 32. 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. 33. Project‐‐The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual‐‐The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material‐‐Source, special nucle‐ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity ‐‐ An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative‐‐The autho‐rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples‐‐Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals‐‐A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. 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. 41. Shop Drawings‐‐All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.


42. 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 for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications‐‐That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. 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 at the Site. 45. 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. 46. Successful Bidder‐‐The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions‐‐That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier‐‐A manufacturer, fabricator, suppli‐er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. 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 those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work‐‐Work to be paid for on the basis of unit prices.

51. 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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive‐‐A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective 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 Paragraph 9.09 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 Docu‐ments, 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 14.04 or 14.05).

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. 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. When “furnish,” “install,” “perform,” or “pro‐vide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Docu‐ments, words or phrases which 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. 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 Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 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 Agree‐ment 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 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 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 the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), 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 Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi‐vides 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. 2.06 Preconstruction Conference 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 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 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 2.05.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 accep‐tance 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 component parts of the Work. ARTICLE 3 ‐ CONTRACT DOCUMENTS: INTENT, AMENDING, 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 Docu‐ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3. 02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, 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, code, or Laws or Regula‐tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual 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 employ‐ees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the perfor‐mance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Con‐tract Documents.


3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specifica‐tion, manual or code, or of any instruction of any Supplier, 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 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu‐ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); 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 viola‐tion of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer’s consultants, including electronic media editions; or 2. reuse any of 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 adaption by Engineer. B. The prohibition 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. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s


sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60‐day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 ‐ AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 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. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 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 the Work is to be performed 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.

4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identi‐fied in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur‐face or physical condition at or contiguous to the Site that is uncovered or revealed 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 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; 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 connec‐tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition 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 meet any one or more of the categories described in Paragraph 4.03.A; and 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 Paragraphs 9.07 and 11.03.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. Contractor knew of the existence of such conditions at the time Contractor made a final 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 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo‐ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for

Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup‐plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; 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 such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under‐ground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with


reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any,

that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities 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 any Hazardous Environmental Condition uncovered or re‐vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) 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. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such


condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be re‐sumed safely. 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, either party may make a Claim therefor as provided in Paragraph 10.05. F. 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. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, 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: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse‐quences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 created by Contractor or by anyone for whom Contractor

is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 ‐ BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. 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 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa‐nies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, 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 requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue


bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supple‐mentary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supple‐mentary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor’s Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which 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: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus‐tained:

a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason;

5. 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; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple‐mentary Conditions, all of whom shall be listed as addi‐tional insureds, and include coverage for the respective officers, directors, 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; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur‐ance, and any insurance coverage written on a claims‐made basis, remain in effect for at least two years after final payment.


a. Contractor shall furnish Owner and each other additional insured identified in the Supple‐mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, 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. 5.06 Property Insurance A. Unless otherwise provided in the Supple‐mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder’s Risk “all‐risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi‐cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been

included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi‐cates or other evidence thereof) required to be pur‐chased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple‐mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance cover‐age within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner


shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple‐mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, 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 as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, 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 utilization pursuant to Paragraph 14.05, after Substantial Com‐pletion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.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, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or re‐placed, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non‐conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase


prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 ‐ CONTRACTOR’S RESPONSIBILITIES

6.01 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. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin‐tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor.

6.02 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 Docu‐ments. Contractor shall at all times maintain good disci‐pline 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 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. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and 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. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 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 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust‐


ments will comply with any provisions of the General Re‐quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “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 specification or description 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 or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circum‐stances described below. 1. “Or‐Equal” Items: If in Engineer’s sole discre‐tion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or‐equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, 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

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.

2. Substitute Items

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or‐equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. 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:

1) shall certify that the proposed substitute item will:

a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified;

2) will state:

a) the extent, if any, to which the use of the proposed substitute item will preju‐dice Contractor’s achievement of Substantial Completion on time;


b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu‐ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the de‐sign to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con‐nection with the Work is subject to payment of any license fee or royalty;

3) will identify:

a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services;

4) and shall contain an itemized esti‐mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change,

B. Substitute Construction Methods or Proce‐dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination.

D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the 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. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or‐equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon‐tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. 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 any right of Owner or Engineer to reject defective Work.


C. 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. 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 it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be re‐quired by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per‐forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica‐tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon‐tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro‐priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer,, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 such policies and any other property

insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 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, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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. 6.08 Permits A. Unless otherwise provided in the Supple‐mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections to provide permanent service to the Work. 6.09 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 knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear 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. However, it shall not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip‐ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold

harmless Owner and Engineer, and the officers, directors, 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 claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other 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 com‐pletion of the Work Contractor shall remove from the Site 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 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 property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau‐tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:


1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facili‐ties 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 owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.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 (except damage or loss attributable to the fault of Draw‐ings or Specifications or to the acts or omissions of Owner or Engineer or, 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). D. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 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.

6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi‐nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec‐tion 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. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor‐dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings

a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimen‐sions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor‐dance with the acceptable schedule of Shop Drawings and Sample submittals.

a. Submit number of Samples specified in the Specifications. b. 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 6.17.D.

B. 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. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

a. all field measurements, quantities, dimen‐sions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

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 and approval of that 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 require‐ments of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing’s or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. 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 Docu‐ments. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval 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 6.17.C.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’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor‐rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 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 Related Entities shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main‐tenance 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 accor‐dance 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 or the issuance of a notice of accept‐ability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 respective consultants, agents, officers, directors, partners, or employees 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 6.20.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 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, 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 Specifica‐tions; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 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 law. 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, Shop Drawings and other submittals prepared by such professional. Shop 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 6.21, 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 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 ‐ OTHER WORK AT THE SITE

7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work

with theirs. 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 their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable 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. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi‐tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili‐ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable


direct delay and disruption costs incurred by Contractor as a result of the other contractor’s actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s action or inactions. ARTICLE 8 ‐ OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communi‐cations to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner’s responsibilities, if any, in respect to purchasing and maintaining liability and property insur‐ance are set forth in Article 5.

8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 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 applica‐ble 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undis‐closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents, Owner’s responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 ‐ ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsi‐bilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter‐vals 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 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. 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. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu‐ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement

to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with 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, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. 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 Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the


interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon‐sible 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 14.07.A will only be to determine generally that their content complies with the require‐ments 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 responsi‐bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 ‐ CHANGES IN THE WORK; CLAIMS

10.01 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 by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 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 as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri‐ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective


Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula‐tions, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in

accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 ‐ COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim.


Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem‐ployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable 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 pay‐ments, 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 11.01. 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 mainte‐nance, 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 equip‐ment, 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, 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 compensat‐ed 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 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses 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 telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

B. 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 manag‐ers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and con‐tracting 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 classifica‐tions referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which 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 Paragraphs 11.01.A and 11.01.B. C. Contractor’s Fee: When all the Work 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 or when a Claim for an 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 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, 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. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that:

a. 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 b. 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

1. 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. 11.03 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. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. 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. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi‐cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 ‐ CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica‐tion of such unit prices to the quantities of the items

involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: 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 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.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 Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcon‐tractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; 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 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, 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 Price or the Contract Times , or both. 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. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is 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 described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 ‐ TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except:


1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con‐tract Documents. 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 and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.

C. If it is found that the uncovered Work is defective, 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 uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. 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, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 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, 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. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. 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 removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,


Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 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 land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 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 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 re‐moved and replaced. 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 replace‐ment of work of others) will be paid by Contractor. 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 13.07, 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. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. 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) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recom‐mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 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 in accordance with Paragraph 13.06.A, 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, 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 13.09, 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, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in


the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. 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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 ‐ PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values A. The Schedule of Values established as provid‐ed in Paragraph 2.07.A 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. 14.02 Progress Payments A. 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 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. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, 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 on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicat‐ed; b. the quality of the Work is generally in accor‐dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final deter‐mination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi‐bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

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 moneys 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 representa‐tions to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously

made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or replace‐ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A.

C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. claims have been made against Owner on account of Contractor’s performance or furnish‐ing of the Work; b. 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; c. there are other items entitling Owner to a set‐off against the amount recommended; or d. Owner has actual knowledge of the occur‐rence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,


when Contractor corrects to Owner’s satisfaction the reasons for such action. 3. If it is subsequently determined that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 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 (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 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 tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Sub‐stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will

deliver to Owner and Contractor a written recommen‐dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recom‐mendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization 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 condi‐tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan‐tially 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 14.04 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 5.10 regarding property insurance. 14.06 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 is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 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 main‐tenance and operating instructions, schedules, guaran‐tees, bonds, certificates or other evidence of insurance certificates of inspection, marked‐up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and

equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 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 Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Applica‐tion for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. 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. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu‐mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the


surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 ‐ SUSPENSION OF WORK AND TERMINATION

15.01 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 notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will 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 established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. 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 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.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 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) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by 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. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then


existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 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; 3. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) 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 15.03. 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 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or other‐wise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 ‐ DISPUTE RESOLUTION

16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or


3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 ‐ MISCELLANEOUS

17.01 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 to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 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 Regula‐tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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. 17.04 Survival of Obligations A. All representations, indemnifications, warran‐ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu‐ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

EJCDC C‐700 Standard General Conditions Contracts/General_Conditions_2002_Final.doc

15‐175 Supplementary General Conditions‐ 1

SUPPLEMENTARY GENERAL CONDITIONS

1. GENERAL

These Supplementary General Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. C‐700, 2002 Edition), and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect.

2. ARTICLE 1 ‐ DEFINITIONS

A. SC‐1.01.A.2. For all occurrences of the word "Agreement" throughout the Standard General Conditions, it shall be understood this word is synonymous with "Public Improvement Contract."

B. SC‐1.01.A.19. Immediately following the last sentence of paragraph 1.01.A.19. of the Standard General Conditions add the following:

"In those instances where a registered professional engineer who is also an employee of the Owner prepares Contract Documents as defined in GC1.01.A.12. (exclusive of the Contractor’s Bid and Bonds) for the purpose of a public improvement, the duties and responsibilities of Engineer will be conferred upon and assumed by Owner."

C. SC‐1.01.A.29. For all occurrences of the word "Owner" throughout the Standard General Conditions or Contract Documents, this word shall be understood to mean "City of Lake Oswego.” If the preamble of the Public Improvement Contract indicates that the Agreement is between the Contractor and LORA, all occurrences of the word "Owner" shall be understood to mean Lake Oswego Redevelopment Agency as distinct from City of Lake Oswego.

D. SC‐1.01.A.41. Renumber paragraph 1.01.A.43. Specifications of the Standard General Conditions to 1.01.A.43.a. Specifications and add a new paragraph immediately following paragraph 1.01.A.43.a. Specifications as follows:

1.01.A.43.b. Standard Specifications ‐ Wherever in these Contract Documents reference is made to the Standard Specifications, said reference shall be understood as referring to the American Public Works Association/Oregon Department of Transportation Standard Specifications for Highway Construction 2008, which applicable parts are incorporated herein and made a part of the Contract Documents by such reference. If requirements contained in the Standard Specifications are modified by or are in conflict with supplemental information in these Contract Documents, the requirements of these Contract Documents shall prevail.

E. SC‐1.01.A.45. In the third line of paragraph 1.01.A.43. following the word "Engineer", insert the following words, ". . . as evidenced by Engineer’s definitive Certificate of Substantial Completion, . . ."

F. Immediately following paragraph 1.01.A.52. of the Standard General Conditions, add the following:


"1.01.A.53. Payment Bond ‐ The form of security approved by the OWNER and furnished by the CONTRACTOR and CONTRACTOR'S Surety guaranteeing payment for all labor, materials, services and equipment furnished for use by the CONTRACTOR in performance of the Contract.

1.01.A.54. Performance Bond ‐ The form of security approved by the OWNER and furnished by the CONTRACTOR and CONTRACTOR'S Surety guaranteeing the complete and faithful performance of all the obligations and conditions placed upon the CONTRACTOR by the Contract.

1.01.A.55. Bid Bond ‐ The security to be furnished by the Bidder on the form furnished as a guaranty of good faith to enter into a contract for the Work contemplated if it be awarded to Bidder.

1.01.A.56. Act of God ‐ An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. Rain, wind, flood or other natural phenomenon of intensity less than that recorded for the locality of the Work shall not be construed as an Act of God and no reparation shall be made to CONTRACTOR for damage to the Work resulting therefrom.

3. ARTICLE 2 ‐ PRELIMINARY MATTERS

A. SC‐2.02. In the first sentence of paragraph 2.02.A. of the Standard General Conditions, replace the word "ten" with "five".

B. SC‐2.03. Following the last line of paragraph 2.03.A. of the Standard General Conditions insert the following new paragraphs:

"B. If a Contract is awarded, within thirty (30) days following opening of Bids, the apparent low Bidder will be furnished with Notice of Award accompanied by four copies each of the Contract Documents in form for signatures."

"C. Within fifteen (15) days after receiving from the OWNER Notice of Award and the Contract Documents in form for signing, CONTRACTOR shall sign and return the Contract Documents and furnish to the OWNER such Bonds and certificates of insurance as are required herein."

4. ARTICLE 4 ‐ AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

A. SC‐4.02.A.1. Geotechnical Recommendations for Rockinghorse Lane Drainage Improvements.

B. SC‐4.04.B.2. After the last sentence of paragraph 4.04.B.2. of the General

Conditions, add the following sentence:


"However, Owner, Engineer, and Engineer’s consultants shall not be liable to Contractor for any claims, costs, losses or damages incurred or sustained by Contractor on or in connection with any other project or anticipated project."

5. ARTICLE 5 ‐ BONDS AND INSURANCE

A. SC‐5.01.A. Amend paragraph 5.01.A. of the General Conditions by adding the following sentence after the last line:

"Contractor furnished Performance Bonds shall remain in effect until two years after the date when final payment becomes due."

B. SC‐5.04.A. The limits of liability for the insurance required by paragraph 5.04.A. of the General Conditions shall provide the following coverage for not less than the following amounts or greater where required by Laws and Regulations:

5.04.A.1. and 5.04.A.2. Workers' Compensation, etc., under paragraphs 5.04.A.1. and 5.04.A.2. of the General Conditions:

1. State: Statutory 2. Applicable Federal (e.g., Longshoreman's): Statutory 3. Employer's Liability $1,000,000 5.04.A.3.4.5. Contractor's Liability Insurance under paragraphs 5.04.A.3. through 5.04.A.5. of the General Conditions which shall also include completed operations and product liability coverage and include Broad Form Property Damage:

1. General Aggregate (Except Products ‐‐ Completed Operations) $3,000,000

2. Products ‐‐ Completed Operations Aggregate $3,000,000

3. Personal and Advertising Injury (Per Person/Organization) $2,000,000

4. Each Occurrence (Bodily Injury and Property Damage) $2,000,000

5. Property Damage liability insurance will provide Explosion, Collapse and Underground coverage (XCU).

6. Limit per Person Medical Expense $5,000 (minimum)

7. Excess Liability:

General Aggregate $2,000,000

Each Occurrence $2,000,000

8. Fire Legal Liability $100,000

5.04.A.6. Automobile Liability:


1. Combined Single Limit (Bodily Injury and Property

Damage):

Each Accident $2,000,000

C. SC‐5.04.B.1. Liability coverage by endorsement as additional insured on Contractor’s Liability Policy shall be provided for the City of Lake Oswego (Owner), all other governmental bodies having jurisdiction in the area, Engineer, and their officers, agents, and employees.

D. SC‐5.06.A. Delete the first sentence of paragraph 5.06.A. of the General Conditions

in its entirety and insert the following in its place:

"5.06.A. Contractor shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations)."

E. SC‐5.06.A.1. In paragraph 5.06.A.1. of the General Conditions, delete occurrences of the words "Engineer”.

F. SC‐5.06.A.8. Add a new subsection (8) to read as follows: "The policies of insurance by Contractor in accordance with section 5.06 shall

comply with the requirements of GC ‐ 5.06.C." G. SC‐5.06.B. Delete paragraph 5.06.B., of the General Conditions in its entirety. H. SC‐5.06.E. Delete paragraph 5.06.E. of the Standard General Conditions in its

entirety. I. SC‐5.08.A. Delete paragraph 5.08.A. of the General Conditions in its entirety and

insert the following in its place: 5.08.A. Any insured loss under the policies of insurance required by paragraphs

5.06 will be adjusted with Contractor and made payable to Contractor as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. Contractor shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.

J. SC‐5.08.B. Delete paragraph 5.08.B. of the General Conditions in its entirety and

insert the following in its place:


5.08.B. Contractor as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Contractor’s exercise of this power. If such objection be made, Contractor as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Contractor as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Contractor as fiduciary shall give bond for the proper performance of such duties.

6. ARTICLE 6 ‐ CONTRACTOR'S RESPONSIBILITIES

A. SC‐6.08.A. Add the following new paragraph immediately after paragraph 6.08A: “Contractor shall obtain, prior to any Work being started on Site, the following permits and/or licenses:

1. City of Lake Oswego Business License or Metro License.

2. City of Lake Oswego Traffic Control Permit.

And, “Owner shall obtain, prior to any Work being started on Site, the following permits and/or licenses

1. City of Lake Oswego Tree Removal Permit.

2. City of Lake Oswego Development Permit

3. City of Lake Oswego Erosion Control Permit.

4. City of Portland Development Permit.

5. DSL/ACOE Joint Permit.

B. SC‐6.09.C. In the first sentence of paragraph 6.09.C. of the General Conditions replace the word "known" with the word "knowable".

C. SC‐6.14.A. At the end of paragraph 6.14.A. add the following: "Contractor shall designate a qualified and experienced "competent person" at the

site whose duties and responsibilities shall include, enforcement of State of Oregon – Occupational Safety and Health Division regulations regarding excavations, the prevention of accidents, and the maintenance and supervision of construction site health and safety precautions and programs."

D. SC‐6.17. Add the following new paragraphs immediately after Paragraph 6.17.E. “F. Contractor shall furnish required submittals with sufficient information and

accuracy in order to obtain required approval of an item with no more than three submittals. Engineering will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time.”


“G. In the event that Contractor requests a substitution for a previously approved

item, Contractor shall reimburse Owner for Engineer’s charges for such time unless the need for such substitution is beyond control of Contractor.”

E. SC‐6.20.A. Append to the last line of paragraph 6.20.A the following:

“regardless of whether liability is imposed upon such indemnified party by Law and Regulations, excepting any claim, cost, loss or damage caused in whole or in part by the negligence of the indemnified party.”

7. ARTICLE 11 ‐ COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

A. SC‐11.03.D.1. Delete paragraph 11.03.D.1. of the General Conditions in its entirety and insert the following in its place:

"If the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and"

8. ARTICLE 12 ‐ CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES

A. SC‐12.01.C.2.c. In the last line of paragraph 12.01.C.2.c. of the General Conditions after the word "Subcontractor"; insert the following: "except the maximum total allowable cost to Owner shall be the cost of the

work plus a maximum collective aggregate fee for the Contractor and all tiered Subcontractors of 30 percent."

9. ARTICLE 13 ‐ TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF

DEFECTIVE WORK

A. SC‐13.07.A. In the first sentence, replace the phrase "If within one year after the date of Substantial Completion . . ." with:

"If within two years after the date when final payment becomes due . . ."

10. ARTICLE 14 ‐ PAYMENTS TO CONTRACTOR AND COMPLETION

A. SC‐14.02.C.1. In the first sentence of paragraph 14.02.C.1. of the General Conditions, replace the word "Ten" with the word "Thirty".

11. ARTICLE 16 – DISPUTE RESOLUTION


A. SC‐16.01.Delete Paragraph 16.01 in its entirety and insert the following in its place:

“SC‐16.01. Meet to Confer and Negotiate. A. Engineer’s action under Paragraph 10.05.C or a denial pursuant to

Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after receipt of written notice of Engineer’s action or decision unless, within that time period, Owner or Contractor gives to the other party written notice of intent to submit the Claim to a process of bilateral negotiations as set forth below.

B. Within 30 days of the delivery of such notice, Owner and Contractor shall meet

and confer regarding the Claim. A good‐faith effort to negotiate resolution shall be made by both parties.

C. If the negotiations contemplated by Paragraph SC‐16.01.B are unsuccessful, management representatives of Owner and Contractor at least one tier above the individuals who met under SC‐16.01.B shall meet, confer, and negotiate within 30 days of the closure of the unsuccessful negotiations.

D. If the Claim is not resolved by negotiation, Engineer’s action under Paragraph

10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the negotiations unless, within that time period, Owner or Contractor:

1. elects in writing to demand arbitration of the Claim, pursuant to

Paragraph SC‐16.02, or 2. agrees with the other party to submit the Claim to another dispute

resolution process.

B. SC‐16.02 Add the following new paragraph immediately after Paragraph 16.01. “SC‐16.02 Arbitration

A. All Claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) including but not limited to those not resolved under the provisions of Paragraph SC‐16.01 will be decided by arbitration in accordance with the, subject to the conditions and limitations of this Paragraph SC‐16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction.


B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC‐16.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue of limitations.

C. No arbitration arising out of or relating to the Contract Documents shall include

by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless:

1. the inclusion of such other individual or entity is necessary if complete

relief is to be afforded among those who are already parties to the arbitration; and

2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings.

D. The award rendered by the arbitrator(s) shall be consistent with the agreement

of the parties, in writing, and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award.

E. The award will be final. Judgment may be entered upon it in any court having

jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award.

F. The fees and expenses of the arbitrators and any arbitration service shall be

shared equally by Owner and Contractor.”

12. ARTICLE 17 – MISCELLANEOUS

A. After the last paragraph, add: "SC – 17.06 Administrative Forms

Various administrative forms are required to be used by the Contractor during the performance of the Work including:


Application and Certificate for Payment (Progress Payment Form); AIA Documents G702 and G703; or

The City's 'Paymaster' form complete with estimated quantities and unit prices as established by the Contractor’s Schedule of Unit Price Bids or approved Schedule of Values and the Application and Certificate for Payment summary form. If this option is selected, the Owner will make available to Contractor an electronic version of these forms at the preconstruction conference."

END OF SECTION

Rev. 11/07 H:\CONTRACT\supp_gen_cond.2002 EJCDC.update.doc

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BOLI ‐ STATE PREVAILING WAGE RATES

On May 15, 2006, the Bureau of Labor and Industries, BOLI initiated a rule revision that allows public agencies to include a reference to a web address for BOLI wage rates rather than include all the wage rates in paper form in their bid proposals. Wage rates for this project are those published by BOLI in the ”Prevailing Wage Rates for Public Works Contracts in Oregon” effective January 1, 2015. The web address is www.boli.state.or.us

15‐175

BUREAU OF LABOR AND INDUSTRIES PAYROLL/CERTIFIED STATEMENT FORM WH-38

WAGE AND HOUR DIVISION FOR USE IN COMPLYING WITH ORS 279C.845*

PRIME CONTRACTOR SUBCONTRACTOR PAYROLL NO.________________________ Business Name (DBA): Phone: ( ) CCB Registration Number: Project Name: Project Number: Type of Work: Street Address: Mailing Address:

Project Location: Project County:

Date Pay Period Began: Date Pay Period Ended: THIS SECTION FOR PRIME CONTRACTORS ONLY THIS SECTION FOR SUBCONTRACTORS ONLY

Public Contracting Agency Name: Phone: ( ) Date Contract Specifications First Advertised for Bid: Contract Amount:

Subcontract Amount: Prime Contractor Business Name (DBA): Prime Contractor Phone: ( ) Prime Contractor’s CCB Registration Number: Date You Began Work on the Project:

(1) (2) (3) DAY AND DATE (4) (5) (6) (7) (8) (9) (10) (11)

NAME , ADDRESS AND EMPLOYEE’S

IDENTIFICATION NUMBER

CLASSIFICATION (INCLUDE GROUP #

AND APPRENTICESHIP STEP IF APPLICABLE)

TOTAL HOURS

HOURLY BASE RATE

HOURLY FRINGE BENEFIT

AMOUNTS PAID AS

WAGES TO EMPLOYEE

GROSS AMOUNT

EARNED (see directions)

ITEMIZED DEDUCTIONS

FICA, FED, STATE, ETC.

NET WAGES PAID

HOURLY FRINGE BENEFITS PAID

TO BENEFIT PARTY, PLAN,

FUND, OR PROGRAM

NAME OF BENEFIT PARTY, PLAN,

FUND, OR PROGRAM

HOURS WORKED EACH DAY

OT

ST

OT

ST

OT

ST

OT

ST

OT

ST

*Although this form has not been officially approved by the U.S. Department of Labor, it is designed to meet the requirements of both the state PWR law and the federal Davis-Bacon Act. WH-38 (Rev. 11-09)

THIS FORM CONTINUED ON REVERSE

15‐175

CERTIFIED STATEMENT Date: I, , (NAME OF SIGNATORY PARTY) (TITLE) do hereby state: (1) That I pay or supervise the payment of the persons employed by: (CONTRACTOR, SUBCONTRACTOR OR SURETY) on the ; that during the payroll period (BUILDING OR WORK) commencing on the day of , , and ending the day (MONTH) (YEAR) of , , all persons employed on said project have been paid the (MONTH) (YEAR) full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (CONTRACTOR, SUBCONTRACTOR OR SURETY) from the full weekly wages earned by any person, and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as specified in ORS 652.610, and as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for workers contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each worker conform with work performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a state, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. I HAVE READ THIS CERTIFIED STATEMENT, KNOW THE CONTENTS THEREOF AND IT IS TRUE TO MY KNOWLEDGE:

(NAME AND TITLE)

(SIGNATURE AND DATE)

In addition to completing sections (1) - (3), if your project is subject to the federal Davis-Bacon Act requirements, complete the following section as well: (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS - In addition to the basic hourly wage rates paid to each laborer or mechanic

listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below.

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH - Each laborer or mechanic listed in the above referenced payroll has been paid,

as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in Section 4(c) below.

(c) EXCEPTIONS: EXCEPTION (CRAFT) EXPLANATION

REMARKS:

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.

FILE THIS FORM WITH THE PUBLIC AGENCY ASSOCIATED WITH THE PROJECT NOTE TO CONTRACTORS: YOU MUST ATTACH COPIES OF THIS FORM TO EACH OF YOUR PAYROLL SUBMISSIONS ON THIS PROJECT.

INSTRUCTIONS AND ADDITIONAL FORMS ARE AVAILABLE ON OUR WEBSITE: WWW.OREGON.GOV/BOLI.

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WH-38 (Rev. 11-09)

15‐175 01010 ‐ 1

DIVISION 1 GENERAL REQUIREMENTS

SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.1 Scope

A. This Section provides identification and a summary description of the Work, location, products furnished by OWNER, acquisition of permits and licenses, and coordination.

1.2 The Work

A. The Work will include channel grading, stream restoration, manhole and storm pipe installation, culvert replacement, trail repair, slope stabilization in the form of key trench construction, tree removal, tree replacement, landscape restoration and mitigation work. All work taking place will be within resource protection areas and fall under the permitting authority of City of Lake Oswego, City of Portland and the Oregon Division of State Lands (DSL) and Army Corps of Engineers (ACOE).

1.3 Related Work Specified and Performed Under Other Sections.

Section/Division No. Item

01015 Work Sequence and Constraints 01100 Special Provisions

1.4 Products Furnished By OWNER

A. None

1.5 Activities By Others

A. OWNER, utilities, and others may perform activities within limits of the Work while the Work is in progress. Schedule the Work with OWNER, utilities, and others to minimize mutual interference.

B. When Work depends for proper execution or results upon Work performed by others, inspect and promptly report apparent discrepancies or defects in Work performed by others.

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1.6 Coordination of Work

A. Maintain overall coordination of the Work.

B. Obtain construction schedules from each subcontractor, and require each subcontractor to maintain schedules and coordinate modifications.

PART 2 PRODUCTS

A. Not Used.

PART 3 EXECUTION

A. Not Used.

END OF SECTION

H:\CONTRACT\TECHSPEC\01010.DOC

15‐175 01015 ‐ 1


SECTION 01015 WORK SEQUENCE AND CONSTRAINTS PART 1 GENERAL 1.1 Scope

A. This Section describes general constraints to the Work and identifies proposed project phasing, and coordination requirements.

1.2 Related Work Specified and Performed Under Other Sections.


01010 Summary of Work 01100 Special Provisions

1.3 General Constraints on Sequence and Scheduling of Work:

A. All trees to be removed as indicated in the Plans shall be felled before April 15, 2015.

B. All in‐water work and work affecting existing designated wetlands shall be completed between July 15 – September 30, 2015

1.4 Interruption of Utility Service.

A. Indicate required shutdowns of existing utilities or interruptions of existing operations on Progress Schedule. Interruptions to utility service will be allowed to the extent that customer service will not be adversely compromised.

B. Submit requests for interruptions to utility service not less than five business days in advance of the date scheduled for the interruption.

C. Following receipt of the request, ENGINEER will notify the CONTRACTOR if the requested date will be permitted. Evaluation of the request will be based upon the availability of the utility owner’s personnel to assist and monitor utilities during the shutdown period and impact to customer service.

D. Minimize the period of interruption by thorough advance planning. Procure required materials, equipment and labor and have on hand during the shutdown.

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E. Do not begin interruption until written authorization is received from ENGINEER.

PART 2 PRODUCTS

A. Not Used.

PART 3 EXECUTION

3.1 General Requirements for Execution of Work

A. Maintain overall coordination of execution of Work.

B. Obtain schedules from subcontractors and suppliers and assume responsibility for correctness.

C. Incorporate schedules from all parties into Progress Schedule to plan for and comply with sequencing constraints.

D. Pre‐locate by exploratory excavation existing utilities to minimize service interruption and demands on OWNER’s personnel.

3.2 Work Sequence ‐ Below is provided a general outline of a possible sequence of work:

A. Fall trees as indicated in the Plans by April 15, 2015

B. Install Tree Protection measures

C. Install erosion control measures

D. Begin in‐water work no earlier than July 15, 2015

E. Construct isolation and bypass and construct new storm pipe and drainage channel

F. Construct downstream trail crossing and channel construction

G. Construct shear key and drainage pipe

H. Install planting and irrigation

I. Complete all in‐water work no later than September 30, 2015

J. Site cleanup

K. Complete all work under the contract by November 15, 2015

END OF SECTION

15‐175 01025 ‐ 1


SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 Scope

Measurement and payment for all work shown or specified herein will be made on a unit price basis in accordance with the prices set forth in the bid proposal for individual items of work. CONTRACTOR shall take special note that some elements of materials and work may be furnished by others. CONTRACTOR shall make a careful assessment when preparing the bid.

1.2 Mobilization, Bonds, Insurance and Demobilization

Consists of preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of offices, buildings and other facilities necessary for the work; premiums on bonds and insurance for the work; and for other operations performed or costs incurred before the beginning of the work.

Measurement and payment for mobilization will be paid on a lump sum basis for all work required. The payment to be allowed in the progress payments will be as follows: 1. When 5 percent of the total original contract amount is earned from other bid

items, the lesser of 50 percent of the amount of the bid for mobilization or 5 percent of the original contract amount, less retainage, will be paid;

2. When 10 percent of the total original contract amount is earned from other bid items, the lesser of 100 percent of the amount bid for mobilization or 10 percent of the total original contract amount, less retainage, will be paid; and,

3. Upon completion of all work on the project, mobilization in excess of 10 percent of the total original contract amount will be paid.

The above schedule of partial payment for mobilization shall not be construed to limit or preclude partial payments provided by the contract. When not listed in the bid schedule, mobilization will be considered incidental to work.

1.3 Traffic Control

Payment for traffic control for all schedules of the Work shall be made on a lump sum basis with said lump sum constituting full compensation for all work including labor,

15‐175 01025 ‐ 2

equipment, services and materials. Payment shall be made on the percentage of project completion at the end of each payment period.

1.4 Clearing and Grubbing Payment for clearing, grubbing, and tree and brush trimming for all schedules of the Work shall be made on a lump sum basis as set forth in the CONTRACTOR's proposal which shall constitute full compensation for all work specified herein and shown on the Plans.

1.5 Tree Removal Payment for tree removal will be made on a lump sum basis as set forth in the CONTRACTOR’s proposal which shall constitute full compensation for all work specified herein and shown on the Plans. Shall include all work on trees to be salvaged for reuse as part of the path crossing embankment treatment and snags to remain in place. Payment for the rootwad installation at path crossing is included in the payment for Tree Removal. All other tree material shall be hauled off site.

1.6 Tree Protection

Payment for tree protection will be made on a lump sum basis as set forth in the CONTRACTOR's proposal. The Work shall include all equipment, materials, and labor necessary to install fencing, and other measures noted in the contract plans and per the City’s requirements.

1.7 Erosion and Sedimentation Control Measures

Payment for furnishing, installing and maintaining approved erosion control measures on and throughout the duration of the project will be made on a lump sum basis. Payment shall constitute full compensation for permit acquisition costs, furnishing, installing and maintaining City approved erosion/sedimentation control measures in accordance with Lake Oswego Code (LOC) Chapter 52.

1.8 Excavation 1. Shear Key Excavation ‐ Payment for Shear Key excavation for project will be

made at the lump sum price set forth in the CONTRACTOR's proposal. Payment shall constitute full compensation for excavation and removal of existing material and any other existing surface and subsurface structures or facilities within the area of the shear key and necessary for the construction of the improvements specified or shown on the drawings. An estimated bid quantity based on current ENGINEER DTM model is 1275 CY. The contractor will at his own expenses complete a new survey a minimum of 1 month prior to starting work to verify quantities. Any claim for additional payment must be made a minimum of 14 calendar days prior to the start of excavation and include a copy of the contractors DTM surface. All embankment items shall be incidental to excavation bid items, with the exception of the Stone Embankment, Streambed Gravel, Trench Rock and Riprap bid items.

15‐175 01025 ‐ 3

2. Channel Excavation ‐ Payment for Channel excavation for project will be made at the lump sum price set forth in the CONTRACTOR's proposal. Payment shall constitute full compensation for excavation and removal of existing concrete rubble material and any other existing surface and subsurface structures or facilities within the area of the channel excavation and necessary for the construction of the improvements specified or shown on the drawings but excluding saw cutting and rock excavation which shall be paid for under separate bid items. An estimated bid quantity based on current ENGINEER DTM model is 345 CY. The contractor will at his own expenses complete a new survey a minimum of 1 month prior to starting work to verify quantities. Any claim for additional payment must be made a minimum of 14 calendar days prior to the start of excavation and include a copy of the contractors DTM surface. All embankment items shall be incidental to excavation bid items, with the exception of the Stone Embankment, Streambed Gravel, Trench Rock and Riprap bid items.

3. Rock Excavation ‐ Payment for rock excavation will be paid for at the rate of $150 per cubic yard for all material excavated per the specification and agreed to by the ENGINEER. Measurement shall be based on cross sections taken by the ENGINEER after all common material has been removed and only rock excavation, as determined by the ENGINEER, remains. Cross sectional measurements shall be taken to the nearest 0.l foot at all breaks of elevation. Volume of rock for payment shall be calculated to the nearest cubic yard. a) Length ‐ The length will be the horizontal distance measured along the

centerline of the trench. The measurement will exclude manholes and other structures, which will be measured separately.

b) Depth ‐ The depth of the rock excavation shall be measured at 25 foot intervals, or as directed by the ENGINEER, along the center line of the trench. The depth of trench will be measured at intervals of 25 feet along the centerline of the trench and the depth at each measuring point will be the depth used in computing measurements. Depth measurements will be to the bottom of the excavation but shall not exceed 6 inches below the outside bell of the pipe.

c) Width ‐ The width of rock excavation used to compute the rock quantity calculations shall be as measure in the field or 1.5 times the nominal pipe diameter plus eighteen (18) inches, whichever is less.

Measurement of rock excavation for manholes and other structures shall be on a cubic yard basis to the nearest 0.5 cubic yard. Measurement shall be based on the actual rock excavated and shall include rock to a depth 6 inches below the bottom of the structure and an area within a line parallel with and 1 foot outside of the actual dimensions of the manhole base or structure.

1.9 Embankment

Payment for embankment, including earthwork associated with soil wrapped lifts at the

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path crossing will be incidental to the excavation bid item with the exceptions of any items noted in the excavation bid items.

1.10 Surface Restoration Payment for surface restoration will be incidental to landscape bid items noted in the

Contractors proposal. 1.11 Trench Rock

Payment for furnishing and installing trench rock shall be made on a per ton basis. Payment shall constitute full compensation for furnishing specified material, formwork as required, placing the material and compaction, if so required. Measurement for payment shall be based upon the in weight basis of for the neat line measurement based on the ENGINEERS design drawings.

1.12 Riprap

Payment for Riprap will be made on a per ton basis for each class of Riprap as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to install riprap in accordance with Division 2, Section 02200 “Earthwork”. Furnishing and placing of filter blankets and aggregate base separation shall be considered incidental to riprap. Measurement will be per weight by ton for each class of riprap as set forth in the Contractor’s proposal, unless otherwise specified in the Contract. No additional measurements will be made for filter blanket or aggregate base separation materials which shall be considered incidental to riprap.

1.13 Matting

Payment for Woven and Non‐Woven Matting will be made on a square yard as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, stakes, tools, equipment, and incidentals and performing all work necessary to install Matting in accordance with Division 2, Section 02240 “Geotextiles”. Measurement will be per square yard for the ground surface actually covered, unless otherwise specified in the Contract.

1.14 Native Soil Backfill

Payment for Native Soil Backfill will be incidental to the excavation bid items.

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1.15 Riprap Geotextile

Payment for Riprap Geotextile will be made on a square yard basis as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to place Riprap Geotextile in accordance with the plans and with Division 2 Section 02240 “Geotextiles”. Measurement will be per square yard for the ground surface area actually covered, unless otherwise specified in the Contract.

1.16 Stone Embankment

Payment for Stone Embankment will be made on a ton basis as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to install Stone Embankment in accordance with Division 2, section 02200 “Earthwork”. Measurement will be per ton of stone embankment material delivered and installed unless otherwise specified in the contract.

1.17 Fused HDPE pipe

Payment for Fused HDPE pipe will be made on a linear foot basis as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to complete the installation of pipe and culverts in accordance with Division 15, Section 15065 “High Density Polyethylene Pipe” and Division 2, Section 02700 “Sanitary Sewerage and Drainage”. Measurement will be per linear foot for the type and size of pipe of completed installation measured along the invert and will include the length through elbows, tees, and fittings. The number of linear feet will be measured from the center of manhole to center of manhole or to center of bend or cleanout structure.

1.18 Streambed Gravel

Payment for Streambed Gravel will be made on a cubic yard basis as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals, mixing and placing, and performing all work necessary to install Streambed Gravel in accordance with Division 2, section 02200 “Earthwork”. Measurement will be per cubic yard of in‐place compacted material unless otherwise specified in the contract.

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1.19 Work Area Isolation

Payment for Work Area Isolation will be made at the contract lump sum price for Work Area Isolation as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals, and performing installation of Temporary Culvert Pipe, Temporary Sandbag Headwall, Temporary Sandbag Splash Pad, Temporary Fencing of Work Areas Limits, and all other work necessary to perform Work Area Isolation in accordance with the plans and Section 02100. There will be no measurement for Work Area Isolation.

1.20 Construction Survey Work

Payment for Construction Survey Work will be made at the contract lump sum price for Construction Survey Work as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to perform Construction Survey Work in accordance with Division 2, Section 02100 “Site Preparation”. There will be no measurement for Construction Survey Work.

1.21 Landscaping

Payment for Landscaping will be made at the contract lump sum price for Landscaping as set forth in the CONTRACTOR's proposal, which shall be payment made in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to perform Landscaping in accordance with the plans and with Division 2, Section 02930 “Exterior Plants”. Payment, also includes all cost associated with surface restoration and preparation for planting. Upon initial planting work, 30% of the lump sum price will be paid. 10% of the lump sum price will be paid at each of the three warranty inspection periods, and the final 40% of the lump sum price will be paid at the completion of the warranty period once all dead plants are replaced to the engineer’s approval.

1.22 Irrigation

Payment for Irrigation will be made at the contract lump sum price for Irrigation as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, permits, fees, and incidentals and performing all work necessary to perform Irrigation in accordance with Division 2, Section 02810 “Irrigation Systems”. There will be no measurement for Irrigation.

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1.23 Storm pipe

Payment for storm pipe will be made on a linear foot basis by pipe diameter as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals and performing all work necessary to complete the installation of pipe and culverts in accordance Division 2, Section 02700 “Sanitary Sewerage and Drainage”. The number of linear feet will be measured from the center of manhole to center of end of pipe.

1.24 Manholes

Payment for manholes will be made on a per each basis for the type of manhole specified as set forth in the CONTRACTOR's proposal and without regard to depth. The Work shall include all equipment, materials, and labor necessary to construct the manhole, base channel, pipe stub outs, steps, frame, cover and appurtenances and connect it to the existing or new drainage system (including flange connections to existing pipes). The Work shall include excavation, site preparation, bedding, formwork, placing and curing concrete bases, removal of formwork, applying specified finishes, backfill and connection to existing pipes.

1.25 Crushed Rock

Payment for crushed rock will be made on a cubic yard basis as set forth in the CONTRACTOR's proposal, which shall be payment in full for furnishing all labor, materials, tools, equipment, and incidentals, mixing and placing, and performing all work necessary to install crushed rock in accordance with Division 2, section 02200 “Earthwork”. Measurement will be per cubic yard of in‐place compacted material unless otherwise specified in the contract.

END OF SECTION

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SECTION 01100 SPECIAL PROVISIONS PART 1 GENERAL These Special Provisions supplement and amplify certain sections of the General Conditions and Supplementary General Conditions. The General Conditions and Supplementary General Conditions shall apply except as modified herein. These Special Provisions and additional technical specifications may contain occasional requirements not pertinent to the project. However, these specifications shall apply in all particulars insofar as they are applicable to this project. 1.1 Scope

The work to be performed under these specifications and plans consists of furnishing all labor, materials, services and equipment necessary for the construction of Work Order 175, Rockinghorse Lane Drainage Improvements Project for the City of Lake Oswego, Oregon and more specifically described as follows: The scope of work will include channel grading, stream restoration, manhole and storm pipe installation, culvert replacement, trail repair, slope stabilization in the form of key trench construction, tree removal, tree replacement, landscape restoration and mitigation work. All work taking place will be within resource protection areas and fall under the permitting authority of City of Lake Oswego, City of Portland and the Oregon Division of State Lands (DSL) and Army Corps of Engineers (ACOE).

The above general outline of principal features of the work does not in any way limit the responsibility of the CONTRACTOR(s) to perform all work and furnish all equipment, labor, materials and services required by the specifications and plans. The plans and specifications shall be considered and used together. Anything appearing as a requirement of either shall be accepted as applicable to both even though not so stated therein or shown. No attempt has been made in these specifications or plans to segregate work covered by any trade or subcontract under one specification. Such segregation and establishment of subcontract limits will be solely a matter of specific agreement between the CONTRACTOR and his subcontractors and shall not be based upon any inclusion, segregation or arrangement in or of these specifications.

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1.2 Plans The plans are designated by general title, sheet number and sheet title. When reference is made to the drawings, the “Sheet Number” of the drawing(s) shall be used. Each drawing bears the general title:

Work Order 175 Rockinghorse Lane Drainage Improvements Project

The specific title of each sheet is: Sheet No. Title G01 Cover Sheet, Project Location and General Notes G02 G03 EC1 EC2 EC3 EC4 A01 C01 C02 D01 D02 D03 D04 D05 D06 D07 K01 K02 L01 L02 L03 L04

Abbreviations and Legend Existing Conditions Site Preparation, Erosion Control, and Temporary Flow Management Notes Erosion Control and Work Area Isolation Plan Erosion Control Details Erosion Control Details Horizontal Control Plan Plan and Profile Plan and Profile Typical Sections and Details Details Channel Cross Sections Typical Sections and Details Path Crossing Outfall Path Crossing Outfall Details HDPE Manhole Details Shear Key Plans Shear Key Details Planting Plan Irrigation Plan Planting Notes and Details Irrigation Details

1.3 Time of Completion

CONTRACTOR's attention is directed to Article 3 of the Public Improvement Contract and the General Conditions, bound within these specifications, concerning contract times and liquidated damages.

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A. Project Milestones

The OWNER has established project milestones predicated on a project award date by the City Council of March 17, 2015. In the event that the project award date is delayed, then the milestone dates will be extended an amount equal to the amount of the delay of the contract award or by mutual agreement of the OWNER and the CONTRACTOR, whichever is less. The CONTRACTOR shall meet all of the project milestones and provide a project schedule at the preconstruction meeting outlining the activities necessary to meet the milestone dates. Failure to meet a project milestone will not be sufficient cause to revise subsequent milestone dates. The project milestones are as follows: 1. Milestone 1 – Contractor shall have all trees shown on the plans to be

removed shall be fell by April 15, 2015. Trees to be fell will be left where the lay and no ground disturbing work will be completed until Milestone 2.

2. Milestone 2 – Contractor will not being work that might impact wetlands identified in the contract plans until July 15, 2015.

3. Milestone 3 – Contractor will complete all remaining work with the exception of landscape and irrigation items prior to September 30, 2015.

4. Milestone 4 – Contractor will complete all Landscape and Irrigation items by November 15, 2015.

1.4 Project Schedule At least 10 days prior to the preconstruction meeting, CONTRACTOR shall submit to the City for approval, a project work schedule. No work shall begin or continue without an approved schedule. At a minimum, the project schedule shall be in the form of a Gantt chart indicating start dates and phasing for distinct elements of work and any associated milestone dates. If the City determines that the work has deviated from the approved schedule, the City may direct the CONTRACTOR to submit a revised schedule for City approval. Possession of a current, approved project schedule by CONTRACTOR may be a condition for subsequent progress payments at the City’s discretion.

1.5 Coordination With Other Contractors Certain work within this contract may require connection to and coordination with the work of other contractors. The CONTRACTOR under these specifications shall cooperate fully with all other contractors and carefully fit his own work to such other work as may be directed by the ENGINEER. The CONTRACTOR shall not commit or permit any act to be committed which will interfere with the performance or work by any other contractor.

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1.6 Access to Work

Access to the Work shall be provided as may be required by the OWNER or his representatives, and all authorized representatives of the state and federal governments and any other agencies having jurisdiction over any phase of the work, for inspection of the progress of the work, the methods of construction or any other required purposes.

1.7 Prevailing Wage Rates for Public Works Contracts in Oregon

The CONTRACTOR shall abide by ORS 279C.800 through ORS 279C.870 which relate to the prevailing wage rates for the building and construction trades in the State of Oregon. These prevailing wage rates are shown in the Bureau of Labor and Industries document which can be found at www.boli.state.or.us.

1.8 Utility Properties and Service

In areas where the CONTRACTOR's operations are adjacent to or near a utility and such operations may cause damage which might result in considerable expense, loss and inconvenience, the operations shall be suspended until all arrangements necessary for the protection thereof have been made by the CONTRACTOR. The CONTRACTOR shall notify all utility offices which may be affected by the construction operation at least 48 hours in advance. Before exposing any utility, the utility having jurisdiction shall grant permission and may oversee the operation. Should service of any utility be interrupted due to the CONTRACTOR's operation, the proper authority shall be notified immediately. It is of the utmost importance that the CONTRACTOR cooperate with the said authority in restoring the service as promptly as possible. Any cost shall be borne by the CONTRACTOR. The following information is included for the convenience of the CONTRACTOR:

Contact E‐Mail Phone

CITY OF LAKE OSWEGO PO Box 369, Lake Oswego OR 97034

Rob Amsberry, Project Manager

[email protected] 503.635.0270

Joel Kuhnke, Water Supt. [email protected] 503.635.0280

Jim Bateman, Street/Storm Supt.


Wayne Benson, Sewer Supt. [email protected] 503.635.0280

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Gert Zoutendjk, Fire Marshal [email protected] 503.635.7454

Police Department Officer On Duty

503.635.0238

ALLIED WASTE SERVICES OF LAKE OSWEGO (formerly Rossman Sanitary)

Amy‐Roberts‐Fisher 971.213.0561

COMCAST Tigard Office, 10831 SW Cascade Avenue, Tigard OR 97223

Ivan Chandler (Lake Oswego area)

[email protected] 503.596.3754 503.596.3813 503.849.4738

cell

Leroy Soumokil, Supervisor (Const. Portland)


Dean Anderson, Supervisor (Const. West Side)

[email protected] 503.596.3776 360.518.1764

cell

Damaged cable 503.617.1212 Ext. 5

INTEGRA TELECOM AND ELECTRIC LIGHTWAVE 1201 NE Lloyd Blvd, Suite 500, Portland OR 97232

Bob Davidson


LAKE CORPORATION

Jeff Ward [email protected] 503.636.1422


LAKE OSWEGO SCHOOL DISTRICT PO Box 70, Lake Oswego OR 97034

Robert Kilian [email protected] 503.534.2332

Christ Marshall No email (Same)

NORTHWEST NATURAL 220 NW 2nd Avenue, Portland OR 97209

Bob Keller [email protected] 503.226.4211, Ext. 2964

503.816.0299 Cell

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Bill Pliska 503.226.4211 Ext. 3040

Emergency/After Hours 1.800.822.3377 (Follow Prompts)

ONE CALL UTILITY LOCATE CENTER

One Call 1.800.332.2344

PORTLAND GENERAL ELECTRIC 9480 SW Boeckman Rd, Wilsonville OR 97070

PGE Service Coordination [email protected] 503.736.5450

Emergency/After Hours 503.736.5558

CENTURYLINK 8021 SW Capital Hill Rd, Portland OR 97219

Frank Guidarelli (Underground Insp)

1.800.247.72853

Kenneth Sciulli [email protected] 503.242.0304

Emergency/After Hours 800.954.1211

ZAYO FIBER SOLUTIONS (WORLDWIDE FIBER) (formerly 360Networks) 350 N Mitchell, Boise ID 83704

Jeff Seglem [email protected] 208.954.3018

TRIMET 2222 NW 11 Mile Ave, Gresham OR 97030

Shirley Block [email protected] 503.661.8117 Fax 503.674.6933


FRONTIER COMMUNICATIONS 4155 SW Cedar Hills Blvd, Beaverton OR 97005

Bill Lafleur (Inspector) [email protected] 503.936.2035

John Cousineau [email protected] 503.643.0371

Damaged Cable Dispatch 503.639.2700

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1.9 Salvage and Debris Unless otherwise indicated on the plans or in the specification, all castings, pipe, equipment, demolition debris, spoil or any other discarded material or equipment shall become the property of the CONTRACTOR and shall be disposed of in a manner approved by the ENGINEER.

1.10 Sanitary Facilities The CONTRACTOR shall provide and maintain sanitary facilities for his employees and his subcontractors' employees that will comply with the regulations of the local and state Departments of Health and as directed by the ENGINEER.

1.11 Erosion and Sedimentation Control

An Erosion and Sediment Control permit is required for any project resulting in 500 square feet or more of site disturbance. The permit must be obtained by the CONTRACTOR prior to commencing any work, including staging and mobilization. All erosion and sediment control measures must be approved by the City of Lake Oswego and comply with LOC Chapter 52. It is the CONTRACTOR’S responsibility to ensure sediment resulting from construction does not leave the site, enter neighboring property, or enter any storm water management systems. The CONTRACTOR is considered the responsible party for erosion and sediment control; failure to maintain or install measures as necessary, or sediment or pollutants entering the surface water management system may result in immediate municipal court citations.

The CONTRACTOR shall call in initial and final erosion control inspections to confirm that the erosion control measures have been implemented per the approved site plan. Inspection requests require a 24‐hour notice; call 503‐675‐3991 to schedule these inspections.

1.12 Street Cleanup and Site Maintenance

The CONTRACTOR shall clean daily all dirt, gravel, construction debris and other foreign material resulting from his operations from all streets and roads in the vicinity of the Work and shall maintain a clean, orderly and safe construction site at all times during prosecution of the Work. If required by the ENGINEER, CONTRACTOR shall use wash trucks or street sweepers fitted with spray misters to minimize dust.

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1.13 Storage of Materials In order to be eligible for receipt of payment for materials stored on site, but not installed, the CONTRACTOR shall have said materials stored on a secure site approved by the OWNER. In order to receive payment for materials stored on site but not installed, invoices for materials purchased and attached to the CONTRACTOR's request for partial payment shall be submitted to the ENGINEER on a monthly basis at the time prescribed by the General Requirements. Compensation to the CONTRACTOR for said stored materials shall not exceed ninety (90) percent of the net cost to the CONTRACTOR of the material FOB for the work, and from such compensation there shall be retained the percentages regularly provided for in connection with partial payments. At the option of the ENGINEER, no allowance for materials shall be made on any partial estimate unless the total allowable value for all materials on hand is at least one thousand ($1,000) dollars and no allowance shall be made upon any single class of material the value of which is not at least five hundred ($500) dollars. The inventory of materials for which advances are requested shall be kept to a reasonable size as approved by the ENGINEER. No allowances shall be made upon fuels, supplies, form lumber, falsework or other materials, or on temporary structures of any kind which will not become an integral part of the work.

1.14 Work Hour and Work Day Limitations The CONTRACTOR shall not perform any work outside of the following hours without the written permission of the City Manager:

Monday through Friday Saturday Sunday 7:00 AM ‐ 6:00 PM 8:00 AM ‐ 6:00 PM No Work Allowed The CONTRACTOR shall not perform any work on the follow dates without the written permission of the City Manager Friday ‐ July 3, 2015 Monday ‐ September 7, 2015 Thursday and Friday – November 26 ‐27, 2015

1.15 Disposal and Dechlorination of Superchlorinated Water Any superchlorinated water shall be discharged through an approved connection to the public sanitary sewer system or shall be dechlorinated to limits acceptable to the Oregon Department of Environmental Quality (DEQ) for discharge into the existing storm drainage system. No superchlorinated water shall be discharged into the storm drainage system without a dechlorination plan receiving DEQ's prior approval.

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1.16 Water Supply and Operation of Existing Water Works Valves CONTRACTOR shall be responsible for providing all water necessary for this project. The City of Lake Oswego is the purveyor of water in this area. Operation of existing water works valves shall be performed by OWNER's authorized personnel only. CONTRACTOR may obtain temporary water for testing and disinfection upon prior arrangement with OWNER. Costs for temporary water will be paid by CONTRACTOR unless specified otherwise. CONTRACTOR shall coordinate with the City's Maintenance Department for rental of required hydrant meter and wrench prior to use of City water. Use of other than the City provided hydrant wrench for hydrant operation is expressly prohibited.

1.17 Landscape Restoration

All public and private property both inside and outside the construction limits impacted by construction shall be restored to a condition equal to or better than that which existed prior to the construction. Only new materials as approved by the ENGINEER may be used for replacement or repair. All curb and gutter and sidewalks within the public right‐of‐way must match existing and be replaced in accordance with the City of Lake Oswego Construction Standards. At no additional cost to the City, the CONTRACTOR shall be expected to hand tunnel or use approved trenchless construction methods under sidewalks for utility construction unless approved otherwise. All private property including but not limited to, walkways, patios, fences, structural and decorative features on private property damaged by the CONTRACTOR's operations shall be replaced. Decorative rock or edging materials shall be neatly stockpiled and replaced in original location after backfilling.

1.18 Compaction Testing The OWNER will provide the services of a licensed testing agency to perform quality

assurance and acceptance testing for the project. It shall be incumbent upon CONTRACTOR to provide not less than 48 hours notice to OWNER in advance of any acceptance testing required by these Contract Documents. Additional testing costs associated with the failure of the CONTRACTOR to provide sufficient access to acceptance test sites or to have the test site ready for the performance of acceptance testing at the designated time shall be paid for by CONTRACTOR. Costs for retesting associated with failed acceptance tests shall also be borne exclusively by CONTRACTOR.

1.19 As‐Built Drawings

The CONTRACTOR shall be required to provide complete, accurate as‐built data to the City prior to final payment. The City will furnish one additional set of construction plan bluelines for final as‐built recording. As‐built data shall be kept current daily and available for review daily by the City. Prior to authorization of each monthly progress pay estimate, the City will review the CONTRACTOR's current as‐built plans for completeness and accuracy.

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1.20 Traffic Control

All traffic control shall conform to the Manual of Traffic Control Devices, Oregon State Highway Standards. The CONTRACTOR shall submit a traffic control and maintenance plan at the pre‐construction meeting for review and approval by the ENGINEER. The CONTRACTOR shall provide all lighting, barricades, cones, signs, and flaggers necessary to direct traffic during working hours and at all other times as required to ensure the public safety and promote safe vehicular travel. CONTRACTOR shall maintain at least one way traffic during working hours and two‐way traffic during non‐working hours. The CONTRACTOR shall plan the work schedule so there are no delays between the hours of 7:00 a.m. to 8:30 a.m. and 3:30 p.m. to 7:00 p.m. Maximum delays between the hours of 8:30 a.m. to 3:30 p.m. shall be 10 minutes. Driveway access shall not be blocked or closed without providing notification to the property owner. Proper notification shall be the responsibility of the CONTRACTOR. One week prior to construction beginning the CONTRACTOR shall install signs notifying the public of construction dates and to expect 10 minute delays. Notification signs shall be on 4'x6' posts and shall be located approximately 300 feet from the end of each leg of the project. Exact location will be staked by the ENGINEER.

1.21 Adjacent Business Access

The CONTRACTOR shall plan and perform the construction work so that all adjacent businesses have access at all times. At the preconstruction conference, a list of businesses and names will be given to the CONTRACTOR. CONTRACTOR will maintain clear communication and scheduling with the business owners at all times.

1.22 Emergency Response At the preconstruction meeting, the CONTRACTOR shall provide the City with a list of phone numbers of those employees responsible for responding to emergency calls outside normal working hours concerning the CONTRACTOR's work. Upon failure to immediately respond to a problem with corrective action, the City may respond without further notice to the CONTRACTOR and deduct all costs thereof from any payments due or coming due the CONTRACTOR. The City shall not be required to act in any situation and nothing shall relieve the CONTRACTOR of his duties in this regard.

1.23 Protection of Survey Markers and Monuments Preserve construction survey stakes and marks for the duration of the Work. If any

construction survey stakes are lost or disturbed through negligence of CONTRACTOR, and in the judgment of ENGINEER need to be replaced, such replacements shall be by the ENGINEER at CONTRACTOR’S expense. The cost of replacement shall be charged against, and shall be deducted from, payments due CONTRACTOR.

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1.24 Relocation of Traffic Signs Existing traffic signs which require relocation for the Work shall be relocated by OWNER. CONTRACTOR shall provide OWNER with not less than 24 hours notice of existing traffic signs requiring relocation.

1.25 Environmental Permits

Certain work within this contract may require the contractor to follow permits included as an attachment to this specification package. The environmental permits include permits from the Army CORP of Engineers and Oregon Division of State Lands for cut/fill work in Jurisdictional Waters. Other permits include work in an Environmental Zone from the City of Portland and from the City of Lake Oswego.

END OF SECTION

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SECTION 01300 SUBMITTALS PART 1 GENERAL 1.1 Scope A. This Section specifies submittal procedures for Shop Drawings, Product Data and

Samples and other project related submittals identified and required by these Contract Documents.

B. Reference paragraphs 1.01.A.39., 2.07, and 6.17. of the General Conditions. In case of conflict these specifications will take precedence over the General Conditions.

C. Inquiries: Direct to ENGINEER regarding procedure, purpose, or extent of submittal.

D. As provided in General Conditions, as specified herein, unless specified otherwise in Division 2 through Division 16, and as may otherwise be established during the preconstruction conference.

E. OWNER’S Authorization: At any time, OWNER may authorize changes to procedures and requirements for Submittals, as necessary to accomplish specific purpose of each Submittal. Such authorization will be by Field Order or Work Change Directive.

F. Identification of Submittals:

1. Show each Submittal with numbering and tracking system approved by ENGINEER.

2. Show date of submission and dates of previous submissions.

3. Show Project title and OWNER’s contact identification and contract number.

4. Show names of CONTRACTOR, Subcontractor or Supplier and Manufacturer as appropriate.

5. Identify, as applicable, Contract Document section and paragraph to which Submittal applies.

6. Clearly identify revisions from previous submissions.

G. Incomplete Submittal Submissions:

1. At ENGINEER’s sole discretion, ENGINEER will either (1) return the entire Submittal for CONTRACTOR’s revision/correction and resubmission, or (ii) retain portions of the Submittal and request submission/resubmission of specified items or as noted thereon.

2. Submittals which do not clearly bear CONTRACTOR’s specific written

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indication of CONTRACTOR’s review and approval of Submittal or which are transmitted with an unsigned or uncertified submission form or as may otherwise be required under Contract Documents, will be returned to CONTRACTOR unreviewed for resubmission in accordance with Contract Documents.

3. Delays, resequencing or other impact to the Work resulting from CONTRACTOR’s submission of unchecked or unreviewed, incomplete, inaccurate or erroneous, or nonconforming Submittals, which will require CONTRACTOR’s resubmission of a Submittal for ENGINEER’s review, shall not constitute a basis of claim for adjustment in Contract Price or Times.

H. ENGINEER’s Review: ENGINEER will act upon CONTRACTOR’s Submittal and transmit response to CONTRACTOR not later than 15 business days after receipt, unless specified otherwise. Resubmittals will be subject to the same review time.

1.2 Administrative Submittals

A. Description: Submittals required by Contract Documents that are not shop Drawings or Samples, or that do not reflect quality of product or method of construction. Administrative submittals may include, but will not be limited to the Submittals identified below:

1. Construction Progress and Sequencing Schedule

2. Traffic Control Plan

3. Erosion/Sedimentation Control Plan

4. Schedule of Values

5. Materials Certificates

6. Quality Control and Product Data Submittals

7. Manufacturer’s Instructions.

8. Applications for Progress Payments and Materials Invoices.

9. As‐Constructed drawings.

1.3 Quality Control Submittals

A. Manufacturer’s Certificates of Compliance

1. Signed by product manufacturer certifying that materials, manufacture, and product specified conforms to or exceeds specified requirements and intent for which product will be used.

B. Certificates of Compliance Testing and Inspection

1. Submit when testing or inspection is required by Laws and Regulations or governing agency or specified in the individual Specification Sections.

C. Field Materials Samples

1. Provide as required by individual Specifications and as may be required by

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ENGINEER during progress of Work.

PART 2 PRODUCTS A. Not Used.

PART 3 EXECUTION

A. Not Used.

END OF SECTION


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DIVISION 2 SITE WORK

SECTION 02100 SITE PREPARATION PART 1 GENERAL 1.1 Scope This section specifies the work necessary to prepare the right‐of‐way and other work

areas shown on the plans for construction of improvements shown and specified elsewhere in these Contract Documents. Work specified herein shall include but not be limited to, demolition and removal of existing above ground structures, relocation or removal of existing utilities, demolition and removal of existing concrete and pavement surfaces, trees, shrubs, and vegetation.

1.2 Related Work Specified and Performed Under Other Sections


01025.19 Work Area Isolation

01025.20 Construction Survey Work

02200 Earthwork 1.3 Standard of Care A. Protection of Persons and Property

The CONTRACTOR shall meet all federal, state and local safety requirements for the protection of workmen, other persons, and property in the vicinity of the demolition and clearing work and the requirements of the Special Provisions.

B. Disposal The CONTRACTOR shall observe all state laws and local regulations relating to

disposal of materials. 1.4 Contractor Submittals Submit to ENGINEER a copy of written permission of private property owners required

for disposal of materials. PART 2 PRODUCTS 2.1 Ownership of Existing Materials

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All materials, equipment, items and debris involved, occurring or resulting from site preparation shall become property of the CONTRACTOR at the place of origin except as otherwise shown or specified.

PART 3 EXECUTION 3.1 Workmanship

Perform work in accordance with recognized standards using efficient methods. Where clearing of the right‐of‐way is necessary, it shall be completed prior to the start of the trenching. Under no condition shall excavated materials be permitted to cover brush or trees prior to clearing and disposal. Existing trees and tree limbs or significant shrubs whether on public or private property are not to be removed without prior authorization by the ENGINEER and OWNER pursuant to Lake Oswego Code (LOC) Chapter 55.

3.2 Clearing and Grubbing

A. Clearing

Remove snags, stumps, brush, vines, grasses, weeds and other vegetative growth within the clearing limits except those trees and shrubs noted to remain in the tree protection plan or as directed by the ENGINEER. Clearing limits will be staked by a surveyor every 25 feet or at angle points whichever is less distance. Clearing shall be performed in such a manner as to remove all evidence of the presence of vegetative growth from the surface of the project site and shall be inclusive of sticks and branches of thickness or diameter greater than 3/8‐inch and of grasses, weeds, exceeding 12 inches in height except as otherwise indicated.

B. Grubbing

Limits of grubbing shall coincide with the limits of clearing. Remove all stumps, roots over one inch in diameter and matted roots within the limits of grubbing work to the following depths:

1. Future structures and building areas; 24 inches.

2. Future roads and parking areas; 18 inches.

3. All other areas; 12 inches.

3.3 Demolition and Removal of Concrete Rubble and Debris Remove from project site all debris, materials, equipment and items found thereon and

materials and debris resulting from the work of demolition except as otherwise indicated. All existing improvements designated on the plans or specified to be removed including but not limited to structures, pipelines, walls, footings, foundations,

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slabs, pavements, curbs, fencing and similar structures occurring above, at, or below existing ground surface to a depth of 18 inches shall be included in the demolition work. Unless otherwise specified, any resulting voids shall be backfilled with suitable excavated or imported material compacted to the density of the adjacent soil.

3.4 Disposal Burning will not be permitted within the City limits. All material resulting from site

clearing shall be removed from the site and disposed of in a lawful manner. Material placed on property of private property owners shall be by written permission only.

3.5 Construction Survey Work Provide construction survey work according to the current edition on the date of

advertisement, of the ODOT “Construction Surveying Manual for Contractors”. This manual is available on the web at:

http://oregon.gov/ODOT/HWY/GEOMETRONICS/documents.shtml

3.6 Work Area Isolation Provide Work Area Isolation as indicated on the plans and paid according to 01025‐1.19.

END OF SECTION H:\CONTRACT\TECHSPEC\02100.DOC

15‐175 02200 ‐ 1


SECTION 02200 EARTHWORK PART 1 GENERAL 1.1 Scope

This Section specifies work necessary for earthwork not included in Sections 02100, 02520, and 02530.

1.2 Definitions

A. Relative Compaction: The ratio, in percent, of the as‐compacted field dry density to the laboratory maximum dry density as determined by ASTM D1557. Corrections for oversize material may be applied to either the as‐compacted field dry density or the laboratory maximum dry density, as determined by the ENGINEER.

B. Optimum Moisture Content: Determined by the ASTM standard specified to determine the maximum dry density for relative compaction. Field moisture content shall be determined on the basis of the fraction passing the 3/4‐inch sieve.

C. Coverage: Coverage of the compaction equipment shall consist of sufficient trips of the specified equipment to completely cover the entire area being compacted with the specified roller or tamper.

D. Prepared Subgrade: The ground surface after clearing, grubbing, stripping, excavation, and scarification and/or compaction.

E. Completed Course: A course or layer that is ready for the next layer or next phase of the work.

F. Well‐Graded: A mixture of particle sizes that has no specific concentration or lack thereof of one or more sizes. Well‐graded does not define any numerical value that must be placed on the coefficient of uniformity, coefficient of curvature, or other specific grain size distribution parameters. Well‐graded is used to define a material type that, when compacted, produces a strong and relatively incompressible soil mass free from detrimental voids.

G. Influence Area: The area within planes sloped downward and outward at an angle of 60 degrees from the horizontal from (a) 1 foot outside the outermost edge at the base of foundations or slabs; or (b) 1 foot outside the outermost edge at the surface of roadways or shoulder; or (c) 0.5 foot outside the exterior edge at the spring line of pipes and culverts.

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H. Rock Excavation

1. Rock Excavation is defined as the removal of all material which by actual demonstration cannot, in ENGINEER's judgment, be reasonably excavated with equipment comparable to types listed in TABLE l and equipped with rippers or similar approved equipment and which is, in fact, systematically drilled and blasted or broken by power‐operated tools designed for rock excavation. ENGINEER may waive the demonstration if material encountered is well‐defined rock. The term Rock Excavation shall be understood to indicate a method of removal and not a geological formation.

TABLE I

Manufacturer Model Type of Excavation

John Deere 690C Trench

Hitachi UH083 Trench

Case 1080 Trench

Caterpillar 215 Trench

Caterpillar D8 Grading

2. In trenches, boulders or pieces of concrete below street subgrade larger than one cubic yard will be classified as rock if drilling and blasting or other approved methods are actually used for their removal. If material which would be classified as rock by the above definition is mechanically removed with excavating equipment of a larger size than specified in TABLE I, it shall be understood that any added costs for removal of material by this method shall be included in the unit price for common excavation.

I. Selected Backfill Material: Material available onsite that the ENGINEER determines to be suitable for a specific use.

J. Imported Material: Material obtained the CONTRACTOR from sources off the site.

K. Structural Fill: Material placed and compacted under or against structures as specified or shown.

L. Trench Foundation: Trench foundation is defined as the bottom of the trench upon which the trench rock is to lay and which provides support for the pipe.

M. Trench Rock: Trench rock is defined as the furnishing, placing, and compacting of material in the channel between the existing ground or over the excavated channel to the bottom of the surface material. The material will be placed so as to uniformly support the barrel of the pipe along its entire length. The minimum bedding will be 6 inches below the bottom outside wall of the pipe.

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N. Embankment: Embankment is defined as furnishing, placing, and compacting of the embankment material to the depth and configuration shown on the drawings or specified herein.

O. Stone Embankment: Stone Embankment is defined as furnishing, placing, and compacting of material in the shear key and channel slope areas shown on the plans.

P. Native Soil Backfill: Native Soil Backfill is defined as furnishing, storing, placing, and compacting of material in the areas shown on the plans.

Q. Streambed Gravel: Streambed Gravel is defined as furnishing, storing, mixing, placing, and compaction of the gravel material as shown on the plans.

R. Riprap: Specified classes of graded rock placed on prepared slope, riprap geotextile or filter blanket, as specified.

S. Filter Blanket ‐ A layer of graded granular material placed between the area prepared for it and the riprap.

T. Riprap Backing ‐ An option of using either riprap geotextile or a filter blanket placed between the area prepared for it and the riprap.

U. Shear Key Excavation – Shear Key Excavation is defined as the removal of all material required for the grading and placement of the shear key and associated drainage as shown on the plans.

V. Channel Excavation – Channel Excavation is defined as the removal of all material required to place the drainage pipe at the grades shown on the plans and to grade the channel per the typical sections.

W. Crushed Rock – Crushed Rock is defined as ¾”‐0” well graded rock to be placed on as surface of the trail per typical sections shown in the plans.



02100 Site Preparation 02700 Sanitary Sewerage and Drainage 1.4 CONTRACTOR’s Submittals A. Submittals shall be made in accordance with the requirements of the Standard

General Conditions, Section 01300, and the requirements of this Section.

B. Provide the following submittals:

1. Certifications, test results, source, and samples for all imported material required for “preliminary acceptance.”

2. Copies of permits obtained for excavations, blasting, erosion control, etc. that are required by local, state and federal authorities for the Work.

3. Catalogue and/or manufacturer’s data sheets for compaction equipment.

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4. Provide, at a location acceptable to the Engineer, in close proximity to the Project, at least a 5 cubic yards sample of stone embankment meeting the gradation specified. This sample will be used as a frequent reference for judging the gradation of the material supplied.

5. If directed, provide, at a satisfactory location near the Project, a riprap rock sample of at least 5 tons meeting the gradation for the class specified. This sample will be used as a frequent visual reference for judging the gradation of the riprap supplied. Any difference of opinion between the ENGINEER and the CONTRACTOR shall be resolved by dumping and checking the gradation of two random truck loads of rock. Mechanical equipment, a sorting site and labor needed to assist in checking gradation shall be provided by the CONTRACTOR at no additional cost to the OWNER.

1.5 Imported Material Acceptance

A. All imported materials specified in this section are subject to the following requirements:

1. All tests necessary for the CONTRACTOR to locate an acceptable source of imported material shall be made by the CONTRACTOR. Certification that the material conforms to the specifications requirements along with copies of the test results from a qualified commercial testing laboratory shall be submitted to the ENGINEER for approval at least 10 days before the material is required for use. All material samples shall be furnished by the CONTRACTOR at the CONTRACTOR’s sole expense. Samples shall be representative and be clearly marked to show the source of the material and the intended use on the project. Sampling of the material source shall be done by the CONTRACTOR in accordance with ASTM D75. Notify the ENGINEER at least 24 hours prior to sampling. The ENGINEER may, at ENGINEER’s option, observe the sampling procedures. Preliminary acceptance of the material source shall be based on an inspection of the source by the ENGINEER and/or the certified test results submitted by the CONTRACTOR to the ENGINEER, at the ENGINEER’s discretion. No imported materials shall be delivered to the site until the proposed source and materials tests have been preliminarily accepted in writing by ENGINEER. Final acceptance will be based on tests made on samples of material taken from the completed and compacted course. The completed course is defined as a course or layer that is ready for the next layer or the next phase of construction. All testing for final acceptance shall be performed by OWNER or OWNER’s authorized representative as specified in Section 01100.

2. Gradation tests by the CONTRACTOR shall be made on samples taken at the place of production prior to shipment. Samples of the finished product for gradation testing shall be taken from prepared materials at frequencies determined by ENGINEER, if variation in gradation is

15‐175 02200 ‐ 5

occurring, or if the material appears to depart from the specifications. Test results shall be forwarded to the ENGINEER within 48 hours after sampling.

3. If tests conducted by the CONTRACTOR or the ENGINEER indicate that the material does not meet specification requirements, material placement will be terminated until corrective measures are taken. Material which does not conform to the specification requirements and is placed in the Work shall be removed and replaced at the CONTRACTOR’s sole expense. Sampling and testing performed by the CONTRACTOR shall be done at the CONTRACTOR’s sole expense.

4. Sampling and Testing Assistance ‐ If the Engineer visibly determines the material furnished justifies sampling and testing, dump and check the gradation of two random loads of stone embankment material. Provide a sorting site, mechanical equipment and labor to assist in checking gradation at no additional cost to the Agency.

PART 2 PRODUCTS

A. Trench Foundation Material

Imported 3‐inch minus crushed rock or gravel or clean pit run gravel, well graded from course to fine with not more than 8 percent passing the No. 200 sieve.

B. Select Backfill Material

Select backfill material shall be native excavated material which shall have more than 90 percent passing the 3‐inch sieve and more than 50 percent passing the 1‐inch sieve and not more than 20 percent passing the No. 200 sieve. Select backfill shall be clear of weeds, refuse, sticks, or other organic material larger than 1‐inch which in the ENGINEER's opinion would compromise the integrity of the compacted trench. Material excavated for structures and utilities may be used for select backfill material at ENGINEER’s discretion.

C. Drain Rock

Drain rock shall consist of washed, round rock, graded from 1‐1/2 inches to 3/4 inches.

D. Embankment

Embankment materials shall be as shown on the drawings and shall consist of select backfill material compacted to the specified optimum density.

E. Riprap

1. Riprap shall meet the following requirements: a) Meet the test requirements:

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Material Test Requirement

Apparent Specific Gravity (AASHTO T 85) 2.50 Min.

% Absorption (AASHTO T 85) 6.0 Max.

Degradation (ODOT TM 208A

Passing No. 20 Sieve 35.0% Max.

Sediment Height 8.0" Max.

Soundness (AASHTO T 104)

Average Loss of 2 1/2" ‐ 1 1/2" and 1 1/2" ‐ 3/4" fraction after 5 alternations

16.0% Max.

b) Be angular in shape. Thickness of a single rock shall not be less than one‐third its length.

c) Rounded rock will not be accepted unless authorized by the ENGINEER.

d) Meet the gradation requirements for the class specified. e) Be free from overburden, spoil, shale and organic material. Non

durable rock, shale or rock with shale seams is not acceptable.

2. Grade loose riprap by class and weight of rock according to the following:

Class Class Class Class Class

50 100 200 700 2000

Weight of Rock (Pounds) (by Weight) Percent

50 ‐ 30 100 ‐ 60 200 ‐ 140 700 ‐ 500 2000 ‐ 1400 20.0

30 ‐ 15 60 ‐ 25 140 ‐ 80 500 ‐ 200 1400 ‐ 700 30.0

15 ‐ 2 25 ‐ 2 80 ‐ 8 200 ‐ 20 700 ‐ 40 40.0

2 ‐ 0 2 ‐ 0 8 ‐ 0 20 ‐ 0 40 ‐ 0 10.0

3. Uniformly grade each load of riprap from the smallest to the largest weight specified. Control of gradation will be by visual inspection.

4. Furnish filter blanket materials meeting the following requirements according to riprap class:

Class 2000: 16 inch layer of Class 50 riprap conforming to loose riprap test requirements

Class 700: 9 inch layer of 6" ‐ 0 stone embankment conforming to stone embankment test requirements

Class 200: 6 inch layer of 4" ‐ 0 stone embankment conforming to stone embankment test requirements

Class 100: No filter blanket required Class 50: No filter blanket required

F. Stone Embankment

Stone Embankment, used in specific embankment applications including buttresses, inlays, shear keys, channel slopes, and erosion control applications,

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shall be an unweathered, hard, angular, durable, free draining material, visibly well graded from coarse to fine with the maximum size between 15 inches and 3 inches. If the 1" ‐ 0 portion exceeds 10% of the total volume by the ENGINEER's visual examination, the 1" ‐ 0 material will be randomly sampled for testing. The wet sieve test, according to AASHTO T 11, will be performed on the sampled material. The amount of material passing the No. 200 sieve shall not exceed 5.0% by weight.

G. Native Soil Backfill

Native Soil Backfill shall be selected as directed from specified excavations within the shear key limits by the ENGINEER, and containing no particle with any dimension greater than 3 inches, or other unsuitable material.

H. Streambed Gravel

Streambed Gravel shall be created on‐site by the CONTRACTOR using a combination of Streambed Cobbles and Streambed Sediment. This is to obtain a well grade mixture that is stable during high flows and retain low flows at the surface.

1. Streambed Cobbles shall be clean, naturally occurring water rounded gravel material. Streambed cobbles shall have well graded distribution of cobble sizes and conform to the following gradation:

Approximate Size1

Percent Passing

8” 99‐100

6” 70‐90

3” 30‐60

¾” 10 Max.

1Approximate size can be determined by taking the average dimension of the three axes of the rock, Length, Width, and Thickness, by use of the following calculation:

Length+Width+Thickness = Approximate Size 3

The grading of the cobbles shall be determined by the Engineer by visual inspection of the load before it is placed, or, if so ordered by the Engineer, by dumping individual loads on a flat surface and sorting and measuring the individual rocks contained in the load.

2. Streambed Sediment shall meet the following requirements for grading when placed in hauling vehicles for delivery to the project or during manufacture and placement into temporary stockpile. The exact point of acceptance will be determined by the Engineer. The following percentages are by mass, and the portion of sediment retained on No. 4 sieve shall not contain more than 0.2 percent wood waste.

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Sieve Size

Percent Passing

2 ½” 99‐100

2” 65‐95

1” 50‐85

No. 4 26‐44

No. 40 16 Max.

No. 200 5.0‐9.0

Material

Ratio (Scoops)

Volume per CY in‐place

Streambed Cobbles 10 1

Streambed Sediment 3 0.3

The sum of the volumes exceeds 1.0 because the Streambed Sediment will fill the void space in the larger rock.

PART 3 EXECUTION 3.1 Clearing, Grubbing and Stripping

A. Complete clearing, grubbing, and stripping work as specified in Section 02100, SITE PREPARATION prior to beginning work in this Section.

3.2 Shear Key Excavation

A. Excavation is defined in Section 02200‐ 1.2 Definitions for classifications. Notify ENGINEER whenever rock is encountered.

B. Before beginning any rock excavation, comply with the following requirements:

1. Remove overlying material as Common Excavation and expose rock for examination by ENGINEER.

2. Demonstrate that removal of remaining material classifies as rock excavation unless waived by ENGINEER.

3. Assist ENGINEER with measurement and documentation of rock excavation.

C. Limits of Excavation: Excavate to the depths and widths specified or shown for the Shear Key, allowing for forms, shoring, working space, base material and finished topsoil where required. Do not excavate deeper than shown on the plans unless otherwise directed by ENGINEER. Excavation carried below grades shown without approval shall be replaced with compacted foundation stabilization material at the CONTRACTOR's expense.

D. Disposal of Excess Material: Excavated material approved for use as select native backfill or embankment shall be placed at locations approved by the

15‐175 02200 ‐ 9

ENGINEER, and in such a manner that it does not obstruct or create a hazard to pedestrian or vehicular traffic, or interfere with the function of existing drainage facilities or fall outside construction easements or public right‐of‐way. All streets and roadways shall be kept open to two way traffic unless approved by the OWNER. When private property is used as a stockpile location, prior to placement of stockpile material, CONTRACTOR shall provide the OWNER with written approval from the property owner. Shear Key excavated materials not suitable or not required for backfill or embankment as directed by ENGINEER, shall be deposited on one or both of the following sites:

1. Disposal on Pre‐designated Sites. When sites for excess material are contained on the plans, disposal operations shall be performed as ENGINEER may direct. OWNER will secure all necessary disposal permits for the required work completed under this item.

2. Sites Provided by CONTRACTOR. All excess material not required for disposal at pre‐designated sites shall be disposed of by the CONTRACTOR. When disposing within the City of Lake Oswego, CONTRACTOR must obtain a fill permit from the City of Lake Oswego Building Department.

E. Existing Abandoned Facilities: CONTRACTOR shall remove and dispose of existing abandoned sewer pipe, structures, concrete, and other facilities as necessary to prosecute the Work in accordance with these Contract Documents. Unless the bid schedule includes an item for removal of existing abandoned facilities, the cost of such removal will be considered incidental to excavation and backfill.

F. Dewatering: CONTRACTOR shall promptly remove and dispose of all water, including flow from existing storm drain lines, surface and subsurface flow entering the trench during the time the trench is being prepared for the pipe laying, during the laying of the pipe and until the backfill at the pipe zone has been completed. CONTRACTOR shall dispose of the water in a suitable manner without damage to public or private property, or nuisance or menace to the public.

G. Shoring: Whenever necessary to prevent caving during excavation the trench shall be adequately sheeted and braced. Where sheeting and bracing are used, trench widths shall be increased accordingly. Installation and maintenance of sheeting, shoring and bracing shall comply with Oregon OSHA and other applicable Federal, State or local requirements having jurisdiction.

H. Shear Key Excavation Limits: The length of Shear Key Excavation shall be kept to a minimum. ENGINEER shall be the sole judge of the amount of Shear Key allowed open based upon work conditions of the area. In normal cases, the open trench length shall not exceed 20 feet at the base of the excavation. Related construction such as Stone Embankment drainage pipe, etc., shall be completed within 75 feet of the open Shear Key Excavation limit.

15‐175 02200 ‐ 10

3.3 Channel Excavation

A. Open Channel Limits: The length of open trench shall be kept to a minimum. ENGINEER shall be the sole judge of the amount of trench allowed open based upon work conditions of the area. In normal cases, the open trench length shall not exceed 300 feet.

B. Channel Width: The Channel Excavation width at the ground surface shall be kept to the minimum necessary to install the pipe in a safe manner and grade the channel but not less than eighteen (18) inches greater than the outside diameter of the pipe except as otherwise allowed by the ENGINEER. In all cases, the channel must be of sufficient width to allow for shoring and backfilling of material along the sides of the pipe. The minimum channel width in the pipe zone shall provide a clear working space of 9 inches between the outside surface of the pipe and the sides of the excavation. Maximum trench width shall be limited to l.5 times the nominal pipe diameter plus eighteen (18) inches. Excavation for manholes and other structures shall be wide enough to provide a minimum of 12 inches between the structure surface and the sides of the excavation. The top of the trench shall be confined to rights of way or easements.

C. Channel Grade: CONTRACTOR shall excavate the trench to the lines and grades shown or specified, with proper allowance for pipe thickness, pipe bedding and foundation stabilization. The foundation upon which the bedding is to be placed shall be firm, undisturbed, and true to grade.

D. Channel Maintenance: Unless specified otherwise, all excavations within hard surfaces shall be stable and safe at the end of each work day.

E. Channel Protection: Channel Excavation and open excavations shall not be left unprotected overnight. Excavations within the easements shall be completely backfilled or shored and covered with metal trench plates before CONTRACTOR leaves the site each day. Excavations on private property shall be covered and protected. Metal trench plates located within traffic areas shall be secured by means of pins or asphalt berms or as approved by ENGINEER to reduce the amount of plate movement and noise resulting from vehicular traffic.

3.4 Trench Rock

A. Trench Foundation: When, in the opinion of the ENGINEER, the existing material in the bottom of the trench is unsuitable for supporting the pipe, CONTRACTOR shall over excavate such unsuitable material as directed by ENGINEER. The excavated material shall be disposed of and replaced with trench stabilization material as specified herein.

B. Pipe Bedding: CONTRACTOR shall spread the bedding smoothly to the proper depth and grade so that the pipe is uniformly supported along the barrel to permit proper assembly and inspection of the joint. Bedding under the pipe shall

15‐175 02200 ‐ 11

provide a firm, unyielding support along the entire pipe length. CONTRACTOR shall place subsequent lifts of not more than 12 inches in thickness up to the spring line of the pipe, bringing lifts up equally on both sides of the pipe.

C. Pipe Zone: Pipe zone material shall be carefully placed around the pipe and thoroughly compacted in 6‐inch layers to provide complete support of the pipe and to prevent deflection or damage. The material under the pipe haunches shall be thoroughly "sliced‐in" with a shovel and compacted. CONTRACTOR shall prevent pipe from movement either horizontally or vertically during placement and compaction of pipe zone material.

3.5 Structural Fill:

A. Place structural fill for new trail construction and specified or directed by ENGINEER. Do not exceed loose lifts of 12 inches. Compact each lift to not less than 95 percent of relative compaction. Stop structural fill 9 inches below finished grade in areas to receive topsoil. Moisten material as required to aid compaction. Place material in horizontal lifts and in a manner which avoids segregation. Any subsequent damage to slabs, piping, concrete structures, facilities, or other structures caused by settlement of fill material shall be corrected and repaired by the CONTRACTOR at the CONTRACTOR’s sole expense.

3.6 Compaction

A. Compaction Testing: Prior to commencing field testing, CONTRACTOR shall

notify the City's inspector. At the end of each test period a completed copy of the test results shall be provided to the City. The City reserves the right to require additional tests at no additional cost to the City.

If the compaction specified for trench backfill or embankment is not obtained, CONTRACTOR will immediately stop the material placement and compaction operation and modify the compaction procedure to a method which satisfies the required specification. In no case shall embankment or trench backfill operations proceed until CONTRACTOR is able to compact the backfill material to the satisfaction of the ENGINEER.

3.7 Riprap:

A. Remove brush, trees, stumps and other organic material from slopes to be

protected by riprap and dress to a smooth surface. Remove all unsuitable material to the depth shown or directed and replace with approved material. Compact filled areas as specified for select general backfill. Provide riprap protection as early as the structure foundation construction permits. Prepare the surfaces to be protected as shown. Maintain the trench slopes, riprap geotextile or filter blanket until the riprap is placed.

B. Place riprap on the prepared area:

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With a clam‐shell, orange‐peel bucket, skip or similar approved device which will contain the riprap material to its final destination. Do not open the bucket until it has been lowered to the slope on which the material is being placed.

To its full course thickness in one operation.

By methods that do not cause segregation of riprap or displace the underlying material.

To produce a compact riprap protection in which all sizes of material are placed in their proper proportion.

With some hand placing, or rearranging of individual stones by mechanical equipment, or some other approved means to provide a smooth finished surface.

Where filter material and/or riprap are placed under water, increase their thicknesses as shown or as directed.

3.8 Stone Embankment:

A. Preparation ‐ Do not start excavation for each segment until a stockpile of stone embankment material is immediately available at or near the site. Locate the stockpile at a site approved by the ENGINEER. The size of the stockpile shall be sufficient to fill one excavated segment.

B. Sequence of Construction ‐ Excavate the area according to Section 02200‐3.2 to provide a backslope to the lines, slopes and details indicated on the plans or as directed. Excavate and backfill in segments to minimize aggravating stability conditions. Each segment for shear key construction shall not exceed 75 feet in length as measured across the top of each open excavation segment, unless otherwise specified or directed.

C. In the shear key, excavate to a depth of at least 3 feet into firm, stable, undisturbed materials as shown on the plans or as directed. Remove soft or loose materials. ENGINEER will verify sufficient excavation into firm, stable, undisturbed materials in each segment before allowing the backfill. Where called for in the plans or as directed, place drainage geotextile against the excavated backslope. Remove water from the excavation before placing stone embankment material. Backfill all segments on the same day they are excavated. Place and manipulate the stone embankment material in the buttress, inlay or shear key to provide a dense and well‐filled mass to the lines, slopes and cross‐sections indicated on the plans or as directed. Stone embankment placed on slopes steeper than 5H:1V shall be benched.

3.9 Native Soil Backfill:

When Native Soil backfill is used for backfill, CONTRACTOR shall take reasonable precautions to prevent excavated material from becoming saturated beyond the optimum moisture limits, as approved by ENGINEER, at no additional expense to OWNER. CONTRACTOR shall backfill within limits shown on plans above stone embankment in lifts not to exceed 12‐inches in depth. Native soil backfill exceeding 12‐

15‐175 02200 ‐ 13

inches in depth shall be placed on slopes no steeper than 3H:1V, and any native fill placed on slopes steeper than 5H:1V shall be benched. Native soil backfill shall be nominally compacted using a non‐vibratory method due to adjacent existing structures. ENGINEER shall provide visual observation of compaction by method specification, such as three to five passes with an approved vibratory roller operating in the static mode.

4.0 Streambed Gravel: A. Streambed Sediment – Place 33% of the volume of Streambed Sediment

specified, evenly distributed within the limits of streambed gravel extents as shown on the plans. Mix the remaining 67% of Streambed Sediment with the Streambed Cobbles.

B. Streambed Cobbles – Place mixture of Streambed Cobbles and Streambed Sediment evenly distributed within the limits of streambed gravel extents as shown on the plans.

C. Wash – Wash within the limits of the streambed gravel extents until smaller materials settle between the larger rock, sealing the channel bottom, and until water ponds on the surface of the channel. Completion of Wash shall be approved by Engineer.

END OF SECTION


15‐175 02240 ‐ 1


SECTION 02240 GEOTEXTILES PART 1 GENERAL 1.1 Scope

This Section specifies work necessary for providing geotextiles in drains, under embankments, for embankment reinforcement, under riprap, buttresses, inlays, shear keys and erosion control applications, behind retaining structures, over roadbed subgrades, and beneath pavement overlays, as shown on the drawings or specified in these contract documents.

1.2 Definitions A. Geotextile: A fabric manufacturer specifically for use in civil engineering

applications. Fibers used in the manufacture of geotextiles consist of long chain synthetic polymers. At least 85 percent by weight of the long chain polymers are polyolephins, polyesters, or polyamides.

B. Drainage Geotextile: For installation in subsurface drains or other drainage locations.

C. Embankment Geotextile: For installation within or under embankments for stabilization.

D. RipRap Geotextile: For installation behind and beneath riprap, buttresses, inlays, shear keys, and erosion control applications.

E. Subgrade Geotextile: For installation on subgrades and in other material separation applications.

F. Pavement Overlay Geotextile: For installation beneath an asphalt concrete overlay.

G. Non‐Woven Matting: For installation on top of disturbed soils to control erosion and provide soil stability prior to plant establishment.

H. Woven Matting: For installation of soil lifts along path.

I. Plastic Sheeting: For installation between sandbags when constructing a sandbag headwall.

J. Riprap Geotextile: For installation between trench rock, riprap, stone embankment and native soil.

15‐175 02240 ‐ 2


Section/Division No. Item 02100 Site Preparation 02200 Earthwork 1.4 CONTRACTOR’s Submittals A. Submittals shall be made in accordance with the requirements of the Standard

General Conditions, Section 01300, and the requirements of this Section.

B. Provide the following submittals:

1. Certifications, test results, source, and samples for all material required for “preliminary acceptance.”

2. Catalogue and/or manufacturer’s data sheets for geotextiles proposed to be furnished under this Section.

PART 2 PRODUCTS 2.1 General A. Geotextiles shall:

1. Be composed of a polymeric yarn or fiber oriented into a stable network, which retains its relative structure during handling, placement, and design service life.

2. Meet or exceed the minimum properties of Section 02320 of the 2008 ODOT/APWA Standard Specification for Construction or as specified herein.

3. Be free from defects or tears.

4. Be resistant to ambient temperatures, acid and alkaline conditions, microorganisms and insects.

5. Be for the intended purpose and have dimensional stability.

B. Approved Manufacturers, or equal.

1. Mirafi, Inc., P.O. Box 240967, Charlotte, NC 28224.

2. Amoco Fabrics and Fibers CO., Atlanta, GA 30339.

C. Non‐Woven Matting shall be North American Green (NAG) C125BN 100% Biodegradable coconut fiber mat or approved equal, meeting the requirements shown on Plan Sheet D01.

D. Woven Matting shall meet the requirements shown on Plan Sheet D01.

E. Riprap Geotextile shall meet the requirements show on Plan Sheet D01.

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F. Plastic Sheeting shall be 40 mil High Density Polyethylene (HDPE) geomembrane, textured on both sides or approved equal. An experienced firm regularly engaged in manufacturing textured HDPE shall manufacture the geomembrane.

PART 3 EXECUTION 3.1 General

A. Provide full rolls of geotextile as furnished from the manufacturer. Protect

against damage and deterioration by storing rolls in a dry place and above ground at all times until placement. Cover rolls and partial rolls until used with a dark protective covering. Geotextiles will be rejected by ENGINEER if found to be defective, deteriorated or damaged.

3.2 Installation

A. Install geotextiles in accordance with plans or manufacturer’s recommendations unless specified otherwise herein.

END OF SECTION H:\CONTRACT\TECHSPEC\02240.doc

15‐175 02700 ‐ 1


SECTION 02700 SANITARY SEWERAGE AND DRAINAGE PART 1 GENERAL 1.1 Scope This section specifies the work necessary for the construction of sanitary and storm

sewer pipe, fittings, and structures of the sizes and classes indicated, including but not limited to furnishing materials; laying and jointing the pipe; installing sewer tees, wyes and laterals; placing manholes, catch basins, ditch inlets and other appurtenances; quality assurance and control; and acceptance testing.

1.2 Related Work Specified and Performed Under Other Sections Section/Division No. Item 02100 Site Preparation

02200 Earthwork 02610 Ductile Iron Pipe and Fittings for

Water and other Liquids

1.3 Referenced Specifications, Codes and Standards APWA American Public Works Association ASTM American Society for Testing & Materials ANSI American National Standards Institute AASHTO American Association of State Highway and Transportation Officials AWWA American Water Works Association 1.4 Submittals

A. Material Certificates

CONTRACTOR shall provide material certificates for all pipe and pipe fittings, manholes and manhole appurtenances in lieu of material laboratory test reports. CONTRACTOR shall obtain from the manufacturer or fabricator the appropriate certification, based on manufacturer's routine quality control tests, that the materials meet the standard ASTM specifications. Material Certificates shall be signed by the material manufacture and CONTRACTOR, certifying that each material item complies with, or exceeds, the specified requirements. Material certifications shall be submitted to ENGINEER for review and approval, prior to delivery of the materials to the work site.

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1.5 Delivery, Storage and Handling

A. Material Distribution and Handling

CONTRACTOR shall unload, handle, and store materials in accordance with manufacturer's published recommendations.

It shall be CONTRACTOR's responsibility to inspect materials prior to lowering into the trench to insure no cracked, broken, or otherwise defective materials are used.

PART 2 PRODUCTS 2.1 General Materials and strength classifications shall be as specified for the particular kind of pipe

and fittings required. Each piece of pipe shall be clearly identified with the pipe strength, class and date of manufacture. Joints on all fittings shall be the same as the joints used on the pipe. Caps or plugs shall be furnished as required by the drawings or as otherwise specified.

It is not intended that materials listed herein are to be considered equal or generally

interchangeable for all applications. The materials specific to the project are specified elsewhere.

A. Non‐reinforced Concrete Pipe

Non‐reinforced concrete pipe shall conform to the requirements of ASTM C 14, Class 3.

B. Reinforced Concrete Pipe

Reinforced concrete non‐pressure pipe shall conform to the requirements of ASTM C 76. Strength class shall be as specified herein, but shall be not less than Class 3.

Reinforced concrete low‐head pressure pipe shall conform to the requirements of ASTM C 361.

C. Ductile Iron Pipe

Ductile iron pipe and fittings shall conform to the requirements Section 02610.

D. Polyvinyl Chloride (PVC) Non‐pressure Pipe

PVC pipe shall conform to ASTM D 3034, SDR 35.

E. Polyvinyl Chloride (PVC) Pressure Pipe

1. PVC pressure pipe, 4 to 12 inches in diameter shall conform to AWWA Standard C‐900 class unless specified otherwise.

2. PVC pressure pipe 14‐inches in diameter and greater shall conform to AWWA Standard C‐905 unless specified otherwise.

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F. Small Diameter (PVC) Pressure Pipe (Not to Exceed 4 Inches in Diameter)

PVC pipe 2 inches to 4 inches in diameter shall be PVC 1120, SDR 21‐200, conforming to ASTM D2241, maximum pipe length shall be 20 feet. Pipe less than 2 inches in diameter shall be PVC schedule 40 conforming to ASTM D1785.

G. High Density Polyethylene (HDPE) (storm sewers only)

Smooth interior, corrugated exterior HDPE storm sewer pipe shall conform to AASHTO M294 Type S (12" to 36" in diameter) or AASHTO 252 Type S (4" to 10" in diameter).

H. Corrugated High Density Polyethylene Pipe (CPEP) (3” to 10” diameter)

CPEP shall be of single wall corrugated construction and manufacture to meet the requirements AASHTO M‐252 and ASTM F‐405.

CPEP shall be supplied from the factory with a protective filter guard such as Drain Guard as manufacture and installed by Advanced Drainage Systems or approved equal.

I. High Density Polyethylene (HDPE) Perforated Drain Pipe

Perforated HDPE drain pipe shall be smooth wall perforated HDPE meeting the requirements set forth in Division 15, Section 15065 “High Density Polyethylene Pipe” of these specifications. Unless otherwise specified or shown, joint systems shall conform to Section 15065. Perforation pattern design shall conform to ASTM F758. Perforations shall be circular on 3‐1/4 inch centers. Hole size shall be a minimum of 3/16” and a maximum of 3/8” arranged in four rows along the full length of the pipe below the spring line.

2.2 Jointing Materials A. Reinforced and Non‐Reinforced Concrete Pipe

Joints for concrete pipe shall be O‐ring design without exception and shall conform to the requirements of ASTM C 443.

B. Ductile Iron Pipe

Ductile iron pipe jointing materials shall conform to the requirements of Section 02610.

C. PVC Non‐pressure Pipe

Rubber gaskets shall conform to the requirements of ASTM F477.

D. PVC Pressure Pipe

Rubber gaskets shall conform to the requirements of ASTM D 3139.

E. Small Diameter (PVC) Pressure Pipe (Not to Exceed 4 Inches in Diameter)

Push on rubber ring joints shall conform to the requirements of ASTM D 3139.

Solvent welded joints shall conform to the requirements of ASTM D 2564

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Threaded connections shall conform to the requirements of ASTM D 2464 for Schedule 80 pipe.

F. HDPE (storm sewer only)

Rubber gaskets for HDPE pipe shall conform to ASTM 1056. Fused HDPE pipe shall conform to this specification and Section 15065 “High Density Polyethylene Pipe”.

2.3 Fitting Materials A. General

All fittings shall be of sufficient strength to withstand all handling and load stresses encountered. All fittings shall be of the same materials as the pipe. Material joining the fittings to the pipe shall be free from cracks and shall adhere tightly to each joining surface.

All fittings shall be capped or plugged and gasketed with the same gasket material as used in the pipe joint, fitted with an approved mechanical stopper, or have an integrally cast knockout plug. The cap or plug shall be capable of withstanding test pressures without leaking and, when later removed, shall permit continuation of piping with jointing similar to joints in the installed line.

B. Concrete Pipe

Fittings on 18 inch and smaller concrete pipe shall be shop fabricated. Fittings on pipe 21 inches and larger may be field or shop fabricated. Fabrication details for fittings shall be approved by ENGINEER prior to delivery of fittings to the job site.

Fittings fabricated by inserting a stub into a hole cut in the pipe shall be grouted with a non‐shrinking grout. Surfaces to receive grout shall be coated with an epoxy bonding agent prior to grouting. Fitting stubs shall not protrude inside of the sewer pipe.

C. Ductile Iron Pipe

Fittings shall be conform to the requirements set forth in Section 02610.

D. PVC Non‐pressure Pipe

Fittings shall conform to the applicable portions of ASTM D 3034. Fitting joints shall be the same as the pipe joints.

E. PVC Pressure Pipe

Fittings shall conform to the requirements set forth in Section 02610.

F. HDPE (storm sewer only)

Fittings shall conform to ASTM 405 or ASTM 667. Fused HDPE pipe shall conform to this specification and Section 15065 “High Density Polyethylene Pipe”.

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G. Mechanical Couplings

Mechanical couplings for ductile iron pipe, C‐900, C‐905 or IPS PVC pressure pipe shall conform to the requirements set forth in Section 02610. For all other pipe types, use flexible mechanical compression joint coupling with No. 305 stainless steel bands manufactured by Fernco Joint Sealer, or approved equal. The diameter of the coupling shall be manufacturer‐approved for use with the outside diameter of the pipe on which the coupling is installed.

H. Cleanouts

Cleanouts shall be constructed of the same size and material as the line connected to.

I. Corrugated High Density Polyethylene Pipe (CPEP) (3” to 10” diameter)

CPEP couplings and fittings shall comply with all the requirements of AASHTO M‐252‐851, and ASTM F‐405. Couplings shall be split or snap‐on type. Due to anticipated field changes requiring cutting, pipe with integral coupling shall not be allowed.

2.4 Cast‐in‐Place Manholes and Bases, Catch Basins and Ditch Inlets

A. Concrete shall have a 28‐day design strength of 3,000 PSI for cast in place structures. Submit mix design to ENGINEER for approval not less than 3 working days prior to placement at the site of the Work.

B. Metal reinforcement shall conform to the requirements of ASTM A 615, grade 60, deformed bars.

C. Exterior surfaces shall be formed with steel or plywood. Other surfaces shall be formed with matched boards, plywood, or other approved material. Trench walls, rock, or earth will not be acceptable form material.

2.5 Precast Manholes

A. Materials shall conform to the requirements of ASTM C 478. Minimum wall thickness shall be 4 inches. Cones shall have the same wall thickness and reinforcement as riser sections. Cones shall be eccentric in relation to the center of the manhole.

B. Prior to delivery of precast manhole sections to the job site, yard permeability tests may be required at the point of manufacture. The precast sections to be tested will be selected at random from the stockpiled material which is to be supplied to the project. All test specimens will be mat tested, and shall meet the permeability test requirements of ASTM C 14.

C. Precast manhole sections shall consist of circular sections in standard nominal inside diameters. Heights of sections shall be multiples of 12 inches. Heights of manhole sections 72 inches through 96 inches in diameter shall be as required to fit site conditions. Other sections shall be 24‐inch riser and flattop sections.

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D. Flat tops with precast grooves reinforced to withstand AASHTO H20 loadings shall be provided for manholes four feet deep from the crown of the pipe and less. Top and bottom of all sections shall be parallel.

2.6 Precast Concrete Manhole Bases Precast concrete manhole bases shall comply with Standard Detail B‐1.02A shown

elsewhere in these Contract Documents. 2.7 Manhole Extensions The concrete rings used in extensions shall be three (3) inches in thickness and of

standard construction. The rings shall be approved by ENGINEER before being installed. In general, manhole extensions will be used on all manholes in roads or streets or other locations where a subsequent change in existing grade is likely. At least one shall be used, but not more than three.

2.8 Metal Castings Cast iron materials shall conform to the requirements of ASTM A 48, Class 30B. The

CONTRACTOR shall provide the manufacturer's certification warranting compliance with the referenced standard. Manhole covers shall be designed so they may be secured to the frames. Matching surfaces of covers and frames shall be flat to prevent any movement of covers within the frames. Covers and frames shall be interchangeable. All manhole frames and covers located outside the right‐of‐way shall be tamper‐proof.

Catch basin and ditch inlet frames and grates shall be oriented as shown on the

drawings and secured to prevent any movement of the grates within the frames. Catch basin and ditch inlet frames and grates shall comply with the applicable Standard Detail.

2.9 Fabricated Steel Frames and Grates Welded frames and grates shall be fabricated of steel conforming to ASTM A 7, A 36, or

A 373 in accordance with the appropriate Standard Details. 2.10 Cap Screws Cap screws and washers for watertight manhole covers shall be stainless steel with

60,000 psi minimum tensile strength conforming to the requirements of ASTM A 453. 2.11 Mortar Mortar when specified shall conform to the requirements of ASTM C 387, or be

proportioned one part Portland cement to two parts clean, well‐graded sand which will pass a 1/8 inch screen. Admixtures may be used not exceeding the following percentages by weight of cement: hydrated lime, 10 per cent; diatomaceous earth or

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other inert materials, 5 percent. The consistency of the mortar shall be such that it will readily adhere to the precast concrete if using the standard tongue‐and‐groove type joint. Mortar mixed for longer than 30 minutes shall not be used.

2.12 Non‐Shrink Grout Non‐shrink grout shall be Sika 212, Euco N‐S, Five‐Star, or approved equal non‐metallic

cementitious commercial grout. Grout shall not be amended with cement or sand and shall not be reconditioned with water after initial mixing. Unused grout shall be discarded after 20 minutes and shall not be used.

Non‐shrink grouts shall be placed or packed only with the use of an approved

commercial concrete bonding agent applied to all cured concrete surfaces being grouted. The bonding agent shall be compatible with the brand of grout used. Water shall not be used as a substitute for the commercial bonding agent.

2.13 Rubber Manhole Gaskets Materials shall conform to ASTM C 443. 2.14 Manhole Steps Manhole steps shall conform to the requirements as listed below:

Structural Steel Galvanized ASTM M 111 and A 123 Reinforcing Steel Galvanized ASTM A 615 and A 123 Plastic with Reinforcing Steel ASTM C 478 and A 615

2.15 Manhole Pipe Anchors Anchor bolts and anchor straps for inside drop pipe connections shall be stainless steel

conforming to the requirements of ASTM A316. 2.16 Drop Manhole Appurtenances A. Deflection plate and appurtenances shall comply with the Standard Detail B‐

1.05.

B. When specified for drop manhole pipe and fittings shall conform to the requirements of the mainline pipe.

C. When specified pipe stub‐outs for service connections are to be of the same size

and kind of material as the service connection pipes. Pipe stub‐outs shall be the same type as approved for use in the lateral, main or trunk sewer construction. Strength classifications shall be the same class as in adjacent trenches. Where there are two different classes of pipe at a manhole, the higher strength pipe will

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govern strength classification. Water tight plugs shall be furnished with each stout and shall be adequately braced against hydrostatic or air test pressures.

2.17 Manhole Adapters for PVC Pipe PVC pipe shall be connected to manholes using an approved adapter specifically

manufactured for the intended service. PVC pipe adapters shall be Fernco CMA, Romac LCT, Tylox Manhole Adapters, Vassally Series 32850, Kor‐N‐Seal, Sealtite, Z‐Lok‐XP, or approved equal commercial products. Field‐fabricated waterstops or improvised adapters shall not be used. Adapters requiring the use of grout for installation shall be anchored and finished using non‐shrink grout.

2.18 Service Lateral Connection

Service connections made into existing concrete or PVC sanitary sewer mains shall utilize a strap on type saddle manufactured by Romac Industries, Inc. or approved equal. Cast parts shall be grade 65‐45‐12 and meet the requirements of ASTM 536‐80. The adjustable clamp on strap and miscellaneous appurtenances shall be stainless steel. Gaskets shall meet the requirements of ASTM D 2000 MBA 710‐90.

PART 3 EXECUTION 3.1 Pipe Placing and Jointing A. General

Pipe laying shall proceed upgrade with spigot ends in the direction of flow. Joints will be assembled in accordance with the recommendations of the manufacturer of the type of joint used. The trench bottom shall form a continuous and uniform bearing and support for the pipe at every point between joints.

CONTRACTOR shall prevent excavated or other foreign material from getting into the pipe. CONTRACTOR shall plug or close off pipes which are stubbed off for future connection. When cutting and/or machining of the pipe is necessary, CONTRACTOR shall use only the tools and methods recommended by the pipe manufacturer.

B. Line and Grade

Unless specified otherwise in the Supplementary Conditions, survey line and grade control hubs will be provided by ENGINEER.

Variance from established line and grade shall not be greater than 1/32 inch per inch of pipe diameter and not to exceed 1/2 inch, provided that such variation does not result in a level or reverse sloping invert; provided also, that variation in the invert elevation between adjoining ends of pipe, due to non‐concentricity of

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joining surface and pipe interior surfaces, does not exceed 1/64 inch per inch of pipe diameter, or 1/2 inch maximum.

Unless otherwise specified, service laterals shall be laid at a minimum slope of 1/4" per foot. In order to control alignment and grade, an approved laser devise shall be required to be used by CONTRACTOR.

C. Laying Pipe on Curves

Unless approved by ENGINEER, pipe shall be installed on a constant slope in a straight line. When approved, CONTRACTOR shall lay pipe on horizontal or vertical curves in accordance with the manufacturer's recommendations.

D. Rigid Non‐Reinforced Pipe Manhole Connections

All rigid non‐reinforced pipe entering or leaving manholes shall be provided with a flexible joint within 1 foot of the outside wall of the manhole structure and shall be placed on firmly compacted bedding.

E. PVC and HDPE Pipe

The pipe shall be joined in conformance with the manufacturer's recommendations.

CONTRACTOR shall cut the pipe in a neat manner, at right angles to the axis of the pipe, and shall dress the cut end in conformance with the pipe manufacturer's recommendations.

F. Deflection at Joints

When deflecting the pipe from a straight line, either in the vertical or horizontal plane, or when long radius curves are shown, the amount of deflection allowed shall not exceed that recommended by the pipe manufacturer.

3.2 Pipe Connections A. Concrete Closure Collars

Concrete closure collars shall be used only when approved, and then only to make connections between dissimilar pipe or where standard rubber gasketed joints are impractical. The collars shall be placed using an approved commercial concrete bonding agent applied to all surfaces in contact with the collar. Where concrete closure collars are necessary to join PVC or HDPE pipe, the PVC or HDPE surface shall first be prepared for bonding to the concrete by applying a dense coating of clean mortar sand to the pipe using PVC or HDPE solvent cement, respectively. After the cement has cured, an approved commercial concrete bonding agent shall be applied to the sand surface prior to placement of the concrete.

B. Installation of Service Tees and Wyes

Service tees and wyes shall be installed in accordance with the recommendations of the manufacturer and as shown on the Standard Details bound herewith. The maximum line or grade change accomplished with any one

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fitting shall not exceed 45 degrees and shall be accomplished with long radius curves or bends

CONTRACTOR shall provide a compacted base of pipe bedding material under all tees, wyes and branch fittings, extending to the springline of the fittings.

All service tees and wyes shall be capped with watertight plugs or caps suitable for resisting the pressures of hydrostatic or air testing.

C. Crossings ‐ Sanitary Sewers and Waterlines

Ductile iron pipe shall be used for a distance of nine feet on either side of a crossing of an existing water main, when less than eighteen (18) inches of vertical separation exists between the sewer line and waterline.

3.3 Service Line Sewers A. General

Service lines may not be connected to manholes unless approved by ENGINEER. When permitted, this type of connection shall be made so that a pipe joint is located not more than 1 foot from the manhole.

ENGINEER will establish line and grade of the service connections. At the end of the service line, a 2" x 4" wood marker shall be placed at the end of each lateral extending 24 inches above the ground, and clearly marked with the depth to the invert of the service line.

B. Installation of Pipe, Fittings, and Service Line Cleanouts

CONTRACTOR shall install the pipe on a uniform grade between the tee or wye and the stake. The maximum deflection permissible with any one fitting shall not exceed 22.5 degrees. The sewer tee or wye shall be located so the service connection pipe will be within a horizontal distance of 1 foot of the staked location.

The ends of all service lines and fittings shall be capped with approved watertight plugs or caps which are capable of withstanding testing pressures.

If designated on the plans, CONTRACTOR shall install a cleanout in the service line, inside the public right‐of‐way, and at a point 2.5 feet from the property line or at a location approved by ENGINEER.

No service laterals are to be backfilled until approved by the ENGINEER. CONTRACTOR shall document the depth, station, and length of service, and submit such documentation to ENGINEER prior to backfill.

C. Existing Service Lines

CONTRACTOR shall disconnect existing service lines from sanitary sewers to be abandoned and reconnect them to the new sanitary sewers. CONTRACTOR shall locate the existing service lines prior to installing tees or wyes in the new sanitary sewer line.

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D. Testing

Testing of the service lines shall be included in testing of the sanitary sewer lines and shall conform to the requirements, Field Quality Control.

E. Detectable Toning Wire

14‐gage insulated copper toning wire shall be placed directly over all non‐metallic sanitary sewer lines. CONTRACTOR shall bring the wire inside the manhole through the pick holes or in between the concrete adjustment rings prior to finish grouting for the purpose of attaching a utility detection devise. All connections of the toning wire shall be striped of insulation and attached to the next section. The splices shall be non corrosive water proof resin wrapped connectors acceptable for direct bury in accordance with manufacturers recommendations.

3.4 Field Quality Control A. General

1. Requirements Prior to Tests ‐ All gravity sanitary systems and appurtenances shall successfully pass a hydrostatic or air test prior to acceptance and shall be free of visible infiltration of water. Information regarding air testing may be obtained from ENGINEER. Manholes shall be tested as specified in accordance with vacuum testing listed under manholes and cleanouts. On pipe 30 inches in diameter and larger, individual joints may be tested by an approved joint testing device. All details of the testing procedure shall meet the approval of ENGINEER.

2. Plugging of Tees, Wyes, Stubs, and Service Connections ‐ CONTRACTOR shall plug all end points including but not limited to wyes, tees, stubs, and service connections with gasketed caps or plugs securely fastened or blocked to withstand test pressures.

3. Testing Equipment ‐ CONTRACTOR shall furnish all necessary testing equipment and perform the tests in a manner satisfactory to ENGINEER. Any arrangement of testing equipment which will provide observable and accurate measurements of either air or water leakage under the specified conditions will be permitted. Gauges shall be calibrated and certified at the direction of ENGINEER. The certification shall be available with the gauge.

4. Cleaning ‐ Prior to the testing and inspection of the system CONTRACTOR shall high pressure clean all parts of the system and remove all debris. Downstream manholes shall be screened in order to catch all debris being flushed down the line. Any materials which cannot be removed using high pressure cleaning equipment shall be removed using a mechanical cleaner such as a sewer pipe balling devise. Cost for sewer pipe cleaning shall be included in the cost for other work.

B. Pipe and Joint Testing

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1. General ‐ After completion of the sanitary sewer system, including service connections, and backfilling and compaction, CONTRACTOR shall conduct a low‐pressure air test or a hydrostatic test. CONTRACTOR shall provide all equipment and personnel for the test. Tests shall be conducted during normal working hours. CONTRACTOR may desire to make an air test prior to backfilling for his own purposes, however the acceptance test shall be made after backfilling and compaction is complete.

The method, equipment and personnel used in testing shall be subject to the approval of ENGINEER. ENGINEER may, at any time, require a calibration check of the instrumentation used. ENGINEER may require testing of manhole‐to‐manhole sections as they are completed in order to expedite the acceptance of the system and allow connections.

2. Safety Precautions ‐ Only personnel trained on the safe operation and installation of testing equipment will be permitted to conduct acceptance testing. All plugs used to close the sanitary sewer for the testing shall be capable of resisting the expected internal pressures and shall be securely braced, as required.

Testing equipment shall be placed above ground and personnel will not be permitted to enter a manhole or trench while a line is pressurized. The air or water pressure shall be released before the plugs are removed.

3. Ground Water ‐ The presence of ground water will affect the results of the test. CONTRACTOR shall determine the average height of ground water over the lines immediately before starting the test. The method of checking the ground water height shall be reviewed and approved by ENGINEER.

C. Hydrostatic Testing

1. General ‐ CONTRACTOR shall provide all hose, temporary piping, approved pipe plugs, tank trucks, and other equipment, labor and material required to make the hydrostatic tests, and shall pay for the water used, unless otherwise specified in the Special Specifications. Testing of the pipe shall be either by internal tests or external tests, as directed by ENGINEER.

Prior to making exfiltration leakage tests, CONTRACTOR may fill the pipe with clear water to permit normal absorption into the pipe walls; provided however, that after filling the pipe, leakage testing shall be completed within twenty‐four (24) hours after filling. When under test, allowable leakage shall comply with the following requirements:

a) Acceptance ‐ Leakage shall not exceed 0.04 gallon per hour per inch diameter per one hundred (l00) feet of sanitary sewer pipe, with a minimum test pressure of six (6) feet of water column above the crown at the upper end of the pipe or above the active ground water table, whichever is higher as determined by ENGINEER. The length of pipe tested shall be limited so that the pressure on the invert of the lower end of the section tested shall not exceed sixteen (l6) feet of water column, and in no case shall

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be greater than 700 feet. For each increase in pressure of two (2) feet above a basic six (6) feet measured above the crown at the lower end of the test station, the allowable leakage shall be increased by ten percent, tabulated in the table which follows:

FEET/HR.Head Above Crown on Lower End of Test Section

Pipe Size Inches)

6 Feet 8 Feet 10 Feet 12 Feet

14 Feet 16 Feet

4 2.0 2.2 2.4 2.6 2.8 3.06 3.0 3.3 3.6 3.9 4.2 4.58 4.0 4.4 4.8 5.2 5.6 6.010 5.0 5.5 6.0 6.5 7.0 7.512 6.0 6.6 7.2 7.8 8.4 9.215 7.5 8.2 9.0 9.8 10.5 11.218 9.0 9.9 10.8 11.7 12.6 13.521 10.5 11.6 12.6 13.6 14.7 15.824 12.0 13.2 14.4 15.6 16.8 18.027 13.5 14.9 16.2 17.6 18.9 20.230 15.0 16.5 18.0 19.5 21.0 22.536 18.0 19.8 21.6 23.4 25.2 27.042 21.0 23.1 25.2 27.3 29.4 31.548 24.0 26.4 28.8 31.2 33.6 36.054 27.0 29.7 32.4 35.1 37.8 40.560 30.0 33.0 36.0 39.0 42.0 45.072 36.0 39.0 43.2 46.8 50.4 54.0

D. Air Testing

1. General ‐ The pressure gauge used in air testing shall be a new gauge and have minimum divisions of 0.10 psi and an accuracy of 0.0625 psi (one ounce per square inch). All air used shall pass through a single control panel.

Method ‐ All air testing shall be by the Time Pressure Drop Method. The test procedures are described as follows.

a) CONTRACTOR may wet lines prior to testing.

b) Determine the average height of the ground water over the line. The test pressures required shall be increased 0.433 psi for each foot of average water depth over the exterior crown of the pipe.

c) Add air slowly to the section of system being tested until the internal air pressure is raised to 4.0 psig greater than the average back pressure (static water pressure) due to ground water.

d) After the test pressure is reached, allow at least two minutes for the air temperature to stabilize adding only the amount of air required to maintain pressure.

e) After the temperature stabilization period, disconnect the air supply.

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f) Record the time in seconds that is required for the internal air pressure to drop from 3.5 psig to 2.5 psig greater than the average back pressure due to ground water.

g) Compare the time recorded in step f) with the time calculated in "Acceptance".

2. Acceptance ‐ The tested section shall be considered acceptable if it does not lose air at a rate greater than 0.003 cfm per square foot of internal pipeline surface, or 2 cfm, whichever is greater.

This specification shall be satisfied if the time measured by the preceding described method is not less than the time as computed according to the following procedure.

a) Record the diameter in inches and the length in feet of all pipes in the section to be tested, including the service connections, in a table similar to the following.

Diameter Length K = C =

Inches Feet 0.011d2L 0.0003882dL

Total of "K" and "C" values: _______ _______

Time Required by Specification = seconds.

Actual Time as Determined by Test = seconds.

b) Using the nomograph at the end of this section, place a straightedge from the "d" column (diameter in inches) to the "L" column (length in feet). Read the corresponding "K" and "C" values and record them in the table.

c) Add all values of "K" and all values of "C" for the section being tested.

d) If the total of all the "C" values is less than one, the time shall be the total of all the "K" values.

e) If the total of all the "C" values is more than one, the time shall be found by dividing the total of all the "K" values by the total of all the "C" values. The quotient is the maximum test time. To make this division with the nomograph, use the scales "C" and "K" and read the quotient (time) from the "t q" scale.

f) In the event that the "d" and "L" values for a particular section of the system do not fall within the limits of the nomograph, the values of "K" and "C" may be computed from the following

equations: "K" = 0.011d2L; "C" = 0.0003882dL.

E. Individual Joint Testing

1. General ‐ CONTRACTOR may test each individual joint for leakage using a pneumatic joint testing apparatus.

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The method, equipment, and personnel used in individual joint testing shall be subject to the approval of ENGINEER. ENGINEER may, at any time, require a calibration check of the instrumentation used. The pressure gauge used for testing shall be a new gauge and shall have minimum divisions of 0.10 psi and an accuracy of 0.0625 psi (one ounce per square inch). All air used shall pass through a single control panel.

2. Method ‐ All air testing shall be by the Time Pressure Drop Method previously specified.

3. Acceptance ‐ The joint shall be considered acceptable if it meets the requirements previously specified.

F. Deflection Testing for Flexible Pipe

The CONTRACTOR shall conduct deflection tests of sanitary and storm sewers constructed of flexible pipe. The testing shall be conducted by pulling a new mandrel, accepted for use in pipeline deflection testing, through the completed pipeline. The diameter of the mandrel shall be 95 percent of the pipe initial inside diameter.

Testing shall be conducted on a manhole to manhole basis and shall be done after the line has been completely flushed out with water. The tests shall be conducted not more than 30 days after the trench backfill and compaction has been completed and may be conducted concurrently with television inspection.

G. Television Inspection of Sanitary and Storm Sewers

Upon completion of all sanitary and storm sewer construction, testing and repairs, CONTRACTOR shall conduct a color TV acceptance inspection of all installed lines 6 inches to 72 inches. Unless otherwise directed, CONTRACTOR shall also conduct a subsequent warranty TV inspection of all installed lines. Warranty TV inspections shall be in color and shall be conducted during the warranty period in a season of high groundwater conditions as defined by ENGINEER. The acceptance inspection and the warranty inspection shall be conducted by an approved technical service which is equipped to make audio‐visual tape recordings of the televised inspections.

The audio‐visual recordings shall be compatible with OWNER's playback equipment. CONTRACTOR shall ensure that recording equipment is functioning properly and that a clear and usable record is made of all possible defects. The equipment used for recording shall be equipped with a footage meter which records a visual record on the tape. A voice accounting of suspected deficiencies shall be made on the sound track.

A written report shall be made at the time of each television inspection. This report shall be made on a form approved by ENGINEER. The video record and the written report of the acceptance inspection and the warranty inspection shall be submitted to ENGINEER and will become the property of OWNER.

The audio and visual reports of the acceptance inspection and the warranty inspection shall include identification of individual groundwater infiltration

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sources such as sewer laterals, building sewer connections and construction defects.

H. Repairs

CONTRACTOR shall locate and repair any sections failing to pass the required tests and inspections and shall then repeat the specified tests and inspections on those sections at no expense to OWNER.

Following a successful hydrostatic or air test, visible infiltration of ground water in any section shall be considered evidence that the original test was in error or that failure of the section has occurred. CONTRACTOR shall correct such failures, and retest the repaired sections, at no expense to OWNER.

3.5 Manholes, Cleanouts, Catch Basins, and Ditch Inlets

A. Foundation Stabilization

If, in the opinion of ENGINEER, unstable material exists that will not support the manhole or other structure, CONTRACTOR shall excavate below grade to a point directed by ENGINEER and backfill with foundation stabilization material specified in Section 02200.

B. Pipe Connections

Special care shall be taken to see that the openings through which pipes enter the sanitary sewer structures are completely watertight. All pipe shall be connected to manholes, catch basins and ditch inlets according to the manufacturer's recommendations.

C. Precast Concrete Manholes

Precast manhole components may be used to construct standard, drop, and carry‐through manholes. Manholes less than 4 feet in depth measured from the springline of the pipe to the bottom of the lower riser ring shall be flat‐top manholes.

D. Bases

If bases are cast in place, the concrete shall be consolidated by mechanical vibration. The concrete shall be screeded off in such a manner such that the first manhole section to be placed has a level uniform bearing for the full circumference.

Precast bases shall be constructed in accordance with Standard Detail B‐1.02A. If bases are precast, the base section shall be carefully placed on the prepared bedding so as to be fully and uniformly supported at true grade and alignment.

E. Manhole Invert

The invert shall be constructed in conformance with the drawings and in accordance with Details B‐1.01, B‐1.02 and B‐1.02A and to a section identical with that of the sewer pipe. Where the size of sewer pipe is changed at the manhole, the invert shall be constructed to form a smooth transition without

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abrupt breaks or unevenness of the invert surfaces. Where a full section of concrete sewer pipe is laid through the manhole, the top shall be broken out to the spring line of the pipe for the full width of the manhole, and the exposed edge of the pipe completely covered with mortar. During construction, CONTRACTOR shall divert existing flows of water or sewage from new concrete or mortar surfaces to prevent damage to the fresh concrete or mortar until the initial set has been achieved.

F. Precast Manhole Sections

All lift holes in sanitary sewer manholes shall be thoroughly wetted, then completely filled with mortar, and smoothed and pointed both inside and out to ensure water tightness.

Preformed plastic or rubber gaskets shall be used on all sanitary manholes. Mortar will be allowed on storm manholes, as a finish on the inside of each manhole joint, and on 24‐inch extension rings above the cone. All mortar joints between precast elements shall be thoroughly wetted, then completely filled with mortar. On proposed street grades, a minimum of one 24‐inch precast riser will be required between the cone and manhole cover frame.

G. Manhole Frames and Covers

Manhole frames and covers shall be installed flush with the adjoining pavement or ground surface in such a manner as to prevent infiltration of surface or ground water between the frame and the concrete of the manhole section. All mortared manhole necks and all riser ring joints made with mortar shall be constructed using an approved commercial concrete bonding agent applied to all cured concrete surfaces being mortared. No joints, necks or frames on manholes shall be mortared without an approved bonding agent.

H. Manhole Risers

The risers shall be built as shown on the special details for manholes on the Plans to the height directed by ENGINEER. Risers shall be added on manholes in existing streets and driveways or where otherwise directed by ENGINEER. The actual height of risers shall be as determined by ENGINEER. The rings shall be laid straight and true; the mortar shall be of the same material as that used in the manhole construction. Material used shall be of the highest quality and equal to similar materials specified in other sections.

I. Drop Manholes

Drop Manholes shall be constructed at the location shown and in accordance with Detail B‐1.05.

J. Cleanouts

The cleanouts shall be installed as shown in the Detail B‐3.01 & B‐3.02.

K. Cast‐in‐Place Catch Basins and Ditch Inlets

Forms shall be tight and well braced. The corners shall be chamfered. All water and debris shall be removed.

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Immediately after placement, the concrete shall be consolidated with an approved vibrator. Vibration time shall be limited to that necessary to produce satisfactory consolidation without causing segregation. The top surface shall be screeded and exposed surfaces trowelled to a smooth finish free from marks or irregularities. Exposed edges shall be radiused with a steel edging tool. After forms are removed, the contractor shall patch any defects in the concrete with approved mortar mix.

Immediately after removal of forms and final finishing, the concrete shall be treated with an approved curing compound.

L. Vacuum Testing

a) CONTRACTOR shall be responsible for testing. Sanitary sewer manholes that are newly installed or existing sanitary sewer manholes which have been modified will be required to pass a vacuum test prior to acceptance.

The requirements of this test shall be considered satisfactory if the vacuum drops less than one inch mercury within the test time required in the following chart:

Note: All manholes shall be evacuated to 10 inches Hg which is equivalent to about 5 psig. (0.3 bar) back pressure.

b) If the sanitary sewer manhole installation or modification fails to meet these requirements, CONTRACTOR shall determine at his own expense the source or sources of leakage, and shall repair (if the extent and type of repairs proposed by CONTRACTOR are reviewed and determined reasonable to ENGINEER) or replace all defective materials or workmanship.

The completed installation shall meet the requirements of this test before being accepted.

Depth (Feet) (Manhole Length) 48 Inch

Time (Seconds) 60 Inch 72 Inch

8 20 26 33

10 25 33 41

12 30 39 49

14 35 46 57

16 40 52 65

18 45 59 73

20 50 65 81

22 55 72 89

24 59 78 97

26 64 85 105

28 69 91 113

30 74 98 121

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3.6 Work on Existing Sewers A. General

This work consists of joining new work to existing sewers, abandonment of sewer facilities, and adjustment of existing sewer facilities.

Materials shall conform to the requirements established herein.

Excavation, bedding and backfill shall comply with Section 02200.

B. Manholes Over Existing Sewers

Manholes shall be constructed over existing concrete sewers after first cleaning and applying approved commercial concrete bonding agent to all surfaces of the pipe that will be in contact with the manhole. Manholes shall be constructed over existing PVC or HDPE sewers after first applying a dense coating of clean mortar sand to all pipe surfaces that will be in contact with the manhole, using PVC or HDPE solvent cement, respectively. After the cement has cured, commercial concrete bonding agent shall be applied to the sand prior to placement of concrete.

All sanitary sewer manholes shall successfully pass the vacuum test. After completion of the manhole test, the top of the pipe shall be broken out to the spring line for the full width of the manhole. The exposed edge of the pipe shall be smoothed and pointed with mortar.

CONTRACTOR shall prevent broken material or debris from entering the line.

Flow shall be maintained at all times. ENGINEER's approval shall be obtained prior to diverting flows.

C. Service Line Connections to Existing Sewers

Connections of service lines to existing sanitary sewers shall be made watertight. Connection shall be made where possible to existing tees or wyes previously installed and plugged. The plug shall be removed and connection made in accordance with the requirements of item 3.3 of this section. Transition couplings between dissimilar pipe materials shall be made using approved commercial adapters with stainless steel bands such as Fernco, Caulder, or approved equal.

Where tees or wyes for connection to an existing sanitary sewer main are absent or unusable, connection of service lines shall be made with a strap on type saddle as described in Paragraph 2.17.

Taps shall be installed at a reasonable distance away from a mainline joint, without protrusion into or damage to the existing sanitary sewer. The sanitary sewer shall be supported and bedding material replaced, as necessary, to prevent settlement of the sewer grade.

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D. Manhole Connections

CONTRACTOR shall construct openings in the existing manhole base or barrel as required and construct connections that are watertight and that will provide a smooth flow into and through the manhole. All sewer pipe connections, including those at invert level as well as penetrations for drop connectors, conduits, and carry‐throughs, shall conform to the requirements herein.

CONTRACTOR shall provide all diversion facilities and perform all work necessary to maintain flow in existing lines during the connection to the manhole.

E. Capping Abandoned Pipes

Abandoned pipes shall be capped or plugged watertight. Abandoned pipes connected to sewers shall be plugged with gasketed mechanical plugs or non‐shrink grout seals as directed by ENGINEER. Abandoned pipes connected to sewer manholes shall have the plugs or seals installed from the inside of the manhole and the channel shall be reshaped to conform to the standard drawings.

F. Abandoned Manholes, Catch Basins and Ditch Inlets

Manholes, catch basins, and ditch inlets scheduled to be abandoned shall have all connecting pipes capped or plugged. Manhole cone sections, catch basins and ditch inlets shall be removed and become the property of the CONTRACTOR. The remaining manhole structure will be filled with controlled density fill material conforming to Section 02200.

G. Salvaging Frames, Covers and Grates

Frames, covers and grates scheduled for salvage shall be removed by CONTRACTOR and delivered to the City Maintenance Department.

H. Manhole, Catch Basin and Ditch Inlet Adjustment

Concrete and masonry manholes, catch basins, and ditch inlets shall be raised or lowered by removing the existing frames, grates and covers and adjusting the height as necessary to correspond to grade. Structures may be raised or lowered using any of the following methods:

The manhole neck may be extended by the use of riser rings or by reconstructing the neck. Metal rings may be used in the adjustment work provided that the strength and support characteristics of the rings are at least equal to the covers or grates, that uniform bearing of bearing surfaces is assured, and that positive provision is afforded against displacement when in service.

The total distance from the top of the metal frame at its new adjusted grade to the top of the cone shall not exceed 18 inches.

The dome or cone portions of manholes may be cut down and rebuilt provided the batter or slope of the cone does not exceed 6 inches horizontal per 12 inches vertical.

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Precast sections and rings removed in the adjusting work may be reused in other adjusting work or in new construction provided they are in good condition and otherwise conform to the specifications. Precast items that are not acceptable for use in the work will become the property of CONTRACTOR.

Mortar for building up existing masonry shall not be placed to a depth of more than 2 inches. Concrete shall not be placed to a depth of less than 3 inches. To conform to these requirements, the existing shells or walls of structures to be raised shall be cut down as necessary to provide space for the new construction.

The exposed top surface of monolithic concrete on which new mortar or concrete is to be placed shall be chipped away to a depth of at least 1 inch to expose firm concrete. The new surface shall be cleaned by brushing and shall be thoroughly coated with an epoxy bonding agent conforming to the requirements of AASHTO M 235 immediately prior to placing the new mortar or concrete. The new mortar or concrete shall then be placed to required grade and cured at least 3 days, after which the frame shall be seated in fresh mortar and brought to proper grade.

END OF SECTION

h:\contract\techspec\02700.DOC

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SECTION 02810 IRRIGATION 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. Piping. 2. Encasement for piping. 3. Manual valves. 4. Pressure‐reducing valves. 5. Automatic control valves. 6. Automatic drain valves. 7. Transition fittings. 8. Dielectric fittings. 9. Miscellaneous piping specialties. 10. Sprinklers. 11. Quick couplers. 12. Drip irrigation specialties. 13. Controllers. 14. Boxes for automatic control valves.

1.3 DEFINITIONS

A. Circuit Piping: Downstream from control valves to sprinklers, specialties, and drain valves. Piping is under pressure during flow.

B. Drain Piping: Downstream from circuit‐piping drain valves. Piping is not under pressure.

C. Main Piping: Downstream from point of connection to water distribution piping to, and including, control valves. Piping is under water‐distribution‐system pressure.

D. Low Voltage: As defined in NFPA 70 for circuits and equipment operating at less than 50 V or for remote‐control, signaling power‐limited circuits.

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1.4 PERFORMANCE REQUIREMENTS

A. Irrigation zone control shall be automatic operation with controller and automatic control valves.

B. Location of Sprinklers and Specialties: Make minor adjustments necessary to avoid plantings and obstructions such as signs and light standards. Maintain 100 percent irrigation coverage of areas indicated.

C. Delegated Design: Design 100 percent coverage irrigation system, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements.

D. Minimum Working Pressures: The following are minimum pressure requirements for piping, valves, and specialties unless otherwise indicated:

1. Irrigation Main Piping: 200 psi.

2. Circuit Piping: 200 psi.

1.5 ACTION SUBMITTALS

A. Product Data: For each type of product indicated. Include rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories.

B. Wiring Diagrams: For power, signal, and control wiring.

C. Delegated‐Design Submittal: For irrigation systems indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.

1.6 INFORMATIONAL SUBMITTALS

A. Irrigation design and plan review. The irrigation system shall be designed in accordance with common design principles and take into account the various soil conditions, exposures, slopes, plant densities, plant water requirements and restrictions of the site. The contractor shall provide two sets of irrigation plans in cad format. Base sheets and grading plans will be provided by the owner's representative. Minimum performance criteria for system coverage are head to head for sprinklers and 24” on‐center spacing for dripline tubing with in‐line emitters. Contractor should exercise professional judgment in selection, location, height and angle of sprinkler heads to efficiently distribute water and minimize overspray and run‐off. Zone lawn plantings separately from shrub plantings. Drawings shall be clear and concise with the following information indicated at a minimum:

1. Layout/location of all proposed equipment‐‐which may include, sprinklers, main and lateral lines; under pavement sleeving; isolation,

15‐175 02810 ‐ 3

automatic and drain valves; quick couplers; backflow prevention, pressure regulation devices, and flow sensor/master valve; controllers; meter; pump and drip components.

2. Size of all pipe, sleeves, valves (include gpm per zone), backflow prevention devices, meter (include inlet and outlet of supply line), controller etc.

3. For subsurface systems indicate number of lines, spacing between driplines, emitter spacing, size of supply headers and location of filters, air vacuum relief and flush valves. For drip systems indicate number and capacity of multi‐emitter outlets and number of emitters per plant.

4. Graphic and written legend clearly indicating symbols used for individual product types, materials and nozzles etc.

5. Graphic installation details for sprinkler types, drip components, valves, backflow preventer, quick couplers, drain valves etc.

6. Elevation of point of connection and static water pressure at that elevation.

B. Qualification Data: Provide experience for qualified Installer.

C. Zoning Chart: Show each irrigation zone and its control valve.

D. Controller Timing Schedule: Indicate timing settings for each automatic controller zone.

E. Field quality‐control reports.

1.7 CLOSEOUT SUBMITTALS

A. Operation and Maintenance Data: For sprinklers, controllers and automatic control valves to include in operation and maintenance manuals.

1.8 MAINTENANCE MATERIAL SUBMITTALS

A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents.

1. Impact Sprinklers: Equal to 5 percent of amount installed for each type and size indicated, but no fewer than 3 units.

2. Spray Sprinklers: Equal to 5 percent of amount installed for each type and size indicated, but no fewer than 3 units.

3. Bubblers: Equal to 5 percent of amount installed for each type indicated, but no fewer than 3 units.

4. Emitters: Equal 5 percent of amount installed for each type indicated, but no fewer than 5 units.

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5. Drip‐Tube System Tubing: Equal 5 percent of total length installed for each type and size indicated, but not less than 100 feet (30 m).

6. Soaker Tubes: Equal to 5 percent of total length installed for each type and size indicated, but not less than 50 feet (15.2 m).

1.9 QUALITY ASSURANCE

A. Installer Qualifications: An employer of workers that include a certified irrigation designer qualified by The Irrigation Association. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application.

1.10 DELIVERY, STORAGE, AND HANDLING

A. Deliver piping with factory‐applied end caps. Maintain end caps through shipping, storage, and handling to prevent pipe‐end damage and to prevent entrance of dirt, debris, and moisture.

B. Store plastic piping protected from direct sunlight. Support to prevent sagging and bending.

1.11 PROJECT CONDITIONS

A. Interruption of Existing Water Service: Do not interrupt water service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary water service according to requirements indicated:

1. Notify Owner no fewer than five business days in advance of proposed interruption of water service.

2. Do not proceed with interruption of water service Owner's written permission.

1.12 WARRANTY PERIOD A. The Contractor will guarantee all workmanship and materials for a period of one

(1) year from the date of final acceptance. Final acceptance will be made in writing from the Architect / Consultant and Agency planning and maintenance departments.

B. The Contractor will be responsible for maintaining the irrigation system and protecting it from damage (at no cost to the Agency) until the completion of the one year warranty period. This includes damage caused by vandalism or adverse weather conditions.

C. The Contractor is responsible for the first winterization / draining and the spring start up within the warranty period.

D. The Contractor will be responsible for the programming of the controller(s), the proper watering of all plants and any damage from over or under watering until the completion of the one year warranty period.

15‐175 02810 ‐ 5

E. Repair any settling of backfilled trenches and restore damaged plants (caused by settling) during the warranty period at no cost to the District.

F. Retainer: The Agency will hold a retainer of 5% until the end of the warranty period.

PART 2 PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS

A. Comply with requirements in the piping schedule for applications of pipe, tube, and fitting materials, and for joining methods for specific services, service locations, and pipe sizes.

B. PVC Pipe: ASTM D 1785, PVC 1120 compound

1. Sleeves: Schedule 40, two times line size.

2. Lateral Lines: Class 200

3. Mainline: Schedule 40

4. Fittings in first subparagraph below are available in NPS 1/2 to NPS 12 (DN 15 to DN 300). Select last option if retaining both thicknesses in the piping schedule.

5. PVC Socket Fittings: ASTM D 2466, Schedule 40

6. PVC Threaded Fittings: ASTM D 2464, Schedule 80.

7. PVC Socket Unions: Construction similar to MSS SP‐107, except both headpiece and tailpiece shall be PVC with socket ends.

C. PVC Pipe, Pressure Rated: ASTM D 2241, PVC 1120 compound, SDR 21 and SDR 26.

1. PVC Socket Fittings: ASTM D 2467, Schedule 40.

2. PVC Socket Unions: Construction similar to MSS SP‐107, except both headpiece and tailpiece shall be PVC with socket or threaded ends.

2.2 PIPING JOINING MATERIALS

A. Pipe‐Flange Gasket Materials: AWWA C110, rubber, flat face, 1/8 inch thick unless otherwise indicated; full‐face or ring type unless otherwise indicated.

B. Joining PVC Piping: ASTM D 2564. Include primer according to ASTM F 656.

C. Plastic, Pipe‐Flange Gasket, Bolts, and Nuts: Type and material recommended by piping system manufacturer unless otherwise indicated.

2.3 BACKFLOW PREVENTOR A. 1.5” Febco series 850 double check backflow preventor assembly or approved

equal.

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B. Install PVC or brass unions or cast iron flanges on both sides of the device to match pipe size.

C. It is the responsibility of the contractor to obtain permits and allow inspection by the water purveyor and the plumbing inspector.

D. The Contractor will, at their cost, have the initial Backflow Assembly Test Report performed by a State certified tester immediately after installation. Copies of the Test Report will then be immediately submitted to the water purveyor and agency maintenance department.

E. If the device fails its initial test, the contractor will have the device repaired and retested at the contractor’s expense.

F. Valve box size for 1.5” double‐check valve assemblies shall be Brooks green plastic 1730VB‐18 or equal. A 1730 E8 extension or equal will be used if needed to set to grade.

G. Depth of device: 18" min. to 24" max. The final determination will be with the water purveyor.

2.4 MANUAL VALVES

A. Plastic Ball Valves:

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following a. American Valve, Inc. b. Asahi/America, Inc. c. Colonial Engineering, Inc. d. Fischer, George Inc. e. Hayward Flow Control Systems; Hayward Industrial Products, Inc. f. IPEX Inc. g. Jomar International, LTD. h. KBI (King Bros. Industries). i. Legend Valve. j. NIBCO INC. k. Sloane, George Fischer, Inc. l. Spears Manufacturing Company. m. Thermoplastic Valves Inc. n. Watts Regulator Co.; a division of Watts Water Technologies, Inc.

2. Description:

a. Standard: MSS SP‐122. b. Pressure Rating: 150 psig. c. Body Material: PVC. d. Type: Union. e. End Connections: Socket or threaded. f. Port: Full.

B. Bronze Gate Valves:

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

15‐175 02810 ‐ 7

a. American Valve, Inc. b. Crane Co.; Crane Valve Group; Crane Valves. c. Crane Co.; Crane Valve Group; Jenkins Valves. d. Crane Co.; Crane Valve Group; Stockham Division. e. Hammond Valve. f. KITZ Corporation. g. Milwaukee Valve Company. h. NIBCO INC. i. Powell Valves. j. Watts Regulator Co.; a division of Watts Water Technologies, Inc. k. Zy‐Tech Global Industries, Inc.

2. Description: a. Standard: MSS SP‐80, Type 2. b. Class: 125. c. CWP Rating: 200 psig. d. Body Material: ASTM B 62 bronze with integral seat and screw‐in

bonnet. e. Ends: Threaded or solder joint. f. Stem: Bronze, nonrising. g. Disc: Solid wedge; bronze. h. Packing: Asbestos free. i. Handwheel: Malleable iron, bronze, or aluminum.

2.5 PRESSURE‐REDUCING VALVES

A. Water Regulators:

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Cash Acme; a division of The Reliance Worldwide Corporation. b. Conbraco Industries, Inc.; Apollo Valves. c. Honeywell International Inc. d. Watts Regulator Co.; a division of Watts Water Technologies, Inc. e. Zurn Plumbing Products Group; Wilkins Water Control Products.

2. Description:

a. Standard: ASSE 1003. b. Body Material: Bronze for NPS 2 and smaller; cast iron with

interior lining complying with AWWA C550 or that is FDA approved for NPS 2‐1/2 and NPS 3.

c. Pressure Rating: Initial pressure of 150 psig. d. End Connections: Threaded for NPS 2 and smaller; flanged for

NPS 2‐1/2 and NPS 3.

3. Capacities and Characteristics: a. Size: match mainline. b. Design Flow Rate: 80gpm.

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c. Design Inlet Pressure: 75 psig. d. Design Outlet Pressure Setting: 60 psig.

B. Water Control Valves: 1. Manufacturers: Subject to compliance with requirements, provide

products by one of the following: a. CLA‐VAL Automatic Control Valves. b. Flomatic Corporation. c. OCV Control Valves. d. Watts ACV; a division of Watts Water Technologies, Inc. e. Zurn Plumbing Products Group; Wilkins Water Control Products.

2. Description: Pilot‐operation, diaphragm‐type, single‐seated main water control valve. Include small pilot control valve, restrictor device, specialty fittings, and sensor piping. a. Main Valve Body: Cast‐ or ductile‐iron body with AWWA C550 or

FDA‐approved, interior epoxy coating; or stainless‐steel body. b. Pattern: Globe‐valve design. c. Trim: Stainless steel. d. Pressure Rating: Initial pressure of 150 psig minimum. e. End Connections: Threaded for NPS 2 and smaller; flanged for

NPS 2‐1/2 and larger.

3. Capacities and Characteristics: a. Size: match mainline. b. Design Flow Rate: 80gpm. c. Design Inlet Pressure: 75 psig. d. Design Outlet Pressure Setting: 60 psig.

2.6 AUTOMATIC CONTROL VALVES

A. Plastic, Automatic Control Valves:

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Buckner; a division of Storm Manufacturing Group Inc. b. Champion Irrigation Products. c. Hunter Industries Incorporated. d. Irritrol Systems. e. Nelson, L. R. Corporation. f. Netafim USA. g. Olson Irrigation Systems. h. Rain Bird Corporation. i. Toro Company (The); Irrigation Division. j. Weathermatic.

2. Description: Molded‐plastic body, normally closed, diaphragm type with manual‐flow adjustment, and operated by 24‐V ac solenoid.

15‐175 02810 ‐ 9

2.7 TRANSITION FITTINGS

A. General Requirements: Same size as, and with pressure rating at least equal to and with ends compatible with, piping to be joined.

B. Transition Couplings:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Cascade Waterworks Manufacturing. b. Dresser, Inc.; DMD Division. c. Ford Meter Box Company, Inc. (The). d. JCM Industries. e. Smith‐Blair, Inc; a Sensus company. f. Viking Johnson.

2. Description: AWWA C219, metal sleeve‐type coupling for underground pressure piping.

C. Plastic‐to‐Metal Transition Fittings:

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following a. Harvel Plastics, Inc. b. Spears Manufacturing Company.

2. Description: PVC one‐piece fitting with manufacturer's Schedule 80 equivalent dimensions; one end with threaded brass insert, and one solvent‐cement‐socket or threaded end.

D. Plastic‐to‐Metal Transition Unions:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Colonial Engineering, Inc. b. NIBCO INC. c. Spears Manufacturing Company.

2. Description: MSS SP‐107, PVC four‐part union. Include one brass or stainless‐steel threaded end, one solvent‐cement‐joint or threaded plastic end, rubber O‐ring, and union nut.

2.8 DIELECTRIC FITTINGS

A. General Requirements: Assembly of copper alloy and ferrous materials or ferrous material body with separating nonconductive insulating material suitable for system fluid, pressure, and temperature.

B. Dielectric Unions:

15‐175 02810 ‐ 10

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Capitol Manufacturing Company. b. Central Plastics Company. c. Epco Sales, Inc. d. Hart Industries International, Inc. e. Watts Regulator Co.; a division of Watts Water Technologies, Inc. f. Zurn Plumbing Products Group; Wilkins Water Control Products. 2. Description: Factory‐fabricated union, NPS 2 and smaller. a. Pressure Rating: 250 psig at 180 deg F. b. End Connections: Solder‐joint copper alloy and threaded ferrous;

threaded ferrous.

C. Dielectric Flanges:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Capitol Manufacturing Company. b. Central Plastics Company. c. Epco Sales, Inc. d. Watts Regulator Co.; a division of Watts Water Technologies, Inc.

2. Description: Factory‐fabricated, bolted, companion‐flange assembly, NPS 2‐1/2 to NPS 4 and larger. a. Pressure Rating: 150 psig minimum. b. End Connections: Solder‐joint copper alloy and threaded ferrous;

threaded solder‐joint copper alloy and threaded ferrous.

D. Dielectric‐Flange Kits:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Advance Products & Systems, Inc. b. Calpico, Inc. c. Central Plastics Company. d. Pipeline Seal and Insulator, Inc.

2. Description: Nonconducting materials for field assembly of companion flanges, NPS 2‐1/2 and larger. a. Pressure Rating: 150 psig . b. Gasket: Neoprene or phenolic. c. Bolt Sleeves: Phenolic or polyethylene. d. Washers: Phenolic with steel backing washers.

E. Dielectric Couplings:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

15‐175 02810 ‐ 11

a. Calpico, Inc. b. Lochinvar Corporation.

2. Description: Galvanized‐steel coupling. a. Pressure Rating: 300 psig at 225 deg F. b. End Connections: Female threaded. c. Lining: Inert and noncorrosive, thermoplastic lining.

F. Dielectric Nipples:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Perfection Corporation. b. Precision Plumbing Products, Inc. c. Victaulic Company.

2. Description: Electroplated steel nipple complying with ASTM F 1545. a. Pressure Rating: 300 psig at 225 deg F . b. End Connections: Male threaded or grooved. c. Lining: Inert and noncorrosive, propylene.

2.9 SPRINKLERS

A. General Requirements: Designed for uniform coverage over entire spray area indicated at available water pressure.

B. Plastic, Pop‐up, Impact‐Drive Rotary Sprinklers:

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Buckner; a division of Storm Manufacturing Group Inc. b. Ceres Products Company. c. Champion Irrigation Products. d. Nelson, L. R. Corporation. e. Toro Company (The); Irrigation Division. f. Rainbird

2. Description: a. Case: ABS. b. Pop‐up Height:

1) 6” above ground to nozzle for shrub beds 2) 4” above ground to nozzle for in lawn areas and adjacent

to curbs and walks. c. Sprinkler Construction: ABS and other corrosion‐resistant metals.

3. Capacities and Characteristics: a. Nozzle: ABS. b. Flow 0.5 ‐ 4.0 gpm. c. Arc: Full, Half, Three Quarter, Third, Quarter circle, as needed.

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d. Radius: As required to provide full, even coverage. e. Inlet: NPS 3/4.

C. Plastic, Pop‐up Spray Sprinklers:

1. Manufacturers: Subject to compliance with requirements, offering products that may be incorporated into the Work include, but are not limited to, the following: a. Buckner; a division of Storm Manufacturing Group Inc. b. Ceres Products Company. c. Champion Irrigation Products. d. Hit Products Corporation. e. Hunter Industries Incorporated. f. K‐RAIN Manufacturing Corporation. g. Nelson, L. R. Corporation. h. Orbit Irrigation Products, Inc. i. Rain Bird Corporation. j. Toro Company (The); Irrigation Division. k. Weathermatic.

2. Description: a. Body Material: ABS. b. Nozzle: ABS. c. Retraction Spring: Stainless steel. d. Pop‐up Height:

1) 6” above ground to nozzle for shrub beds 2) 4” above ground to nozzle for in lawn areas and adjacent

to curbs and walks. e. Internal Parts: Corrosion resistant. f. Pattern: Fixed, with flow adjustment.

3. Capacities and Characteristics: a. Nozzle: ABS. b. Flow 0.5 ‐ 4.0 gpm c. Arc: Full, Half, Three Quarter, Third, Quarter circle, as needed. d. Radius: As required to provide full, even coverage. e. Inlet: NPS 1/2

2.10 QUICK COUPLERS

A. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

1. Buckner; a division of Storm Manufacturing Group Inc.

2. Ceres Products Company.

3. Champion Irrigation Products.

4. Hunter Industries Incorporated.

5. Nelson, L. R. Corporation.

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6. Rain Bird Corporation.

7. Toro Company (The); Irrigation Division.

8. Weathermatic.

B. Description: Factory‐fabricated, bronze or brass, one‐piece, double slot assembly. Include coupler water‐seal valve; removable upper body with spring‐loaded or weighted, rubber‐covered cap; hose swivel with ASME B1.20.7, 3/4‐11.5NH threads for garden hose on outlet; and (2) operating keys.

1. Locking‐Top Option: Include vandal‐resistant locking feature and two matching key(s) (required).

2.11 CONTROLLERS

A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

1. Buckner; a division of Storm Manufacturing Group Inc.

2. Champion Irrigation Products.

3. Hunter Industries Incorporated.

4. Irritrol Systems.

5. K‐RAIN Manufacturing Corporation.

6. Nelson, L. R. Corporation.

7. Netafim USA.

8. Orbit Irrigation Products, Inc.

9. Rain Bird Corporation.

10. Superior Controls Co., Inc.

11. Toro Company (The); Irrigation Division.

12. Weathermatic.

B. Description:

1. Battery Operated Control Module

a. 1‐6 stations per project requirements. b. Module shall operate one valve per station.

c. Station timing: 1 minute to 12 hours in 1‐minute increments with a 365‐day calendar. Module shall be capable of assigning multiple programs for each station.

d. 9V alkaline battery operation (Energizer™ and Duracell™ are recommended) type 6 AM6; battery not included.

e. IP‐68 rated waterproof case for reliable operation under water.

f. Maximum Wire run between the module and solenoid:

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18 AWG wire size; 32 ft maximum distance

16 AWG wire size; 100 ft maximum distance

g. Field Transmitter operation

2. Latching Solenoid

a. 150 psi (10 bar) maximum operating pressure.

2.12 BOXES FOR AUTOMATIC CONTROL VALVES

A. Plastic Boxes:

1. Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Amtek b. Armorcast Products Company. c. Carson Industries LLC. d. Nationwide Plastics, Inc. e. NewBasis. f. Oldcastle, Inc. g. Orbit Irrigation Products, Inc. h. USFilter/Plymouth Products, Inc.

2. Description: Box and cover, with open bottom and openings for piping; designed for installing flush with grade. a. Size: As required for valves and service. b. Shape:

1) Rectangular for Electrical control valves and double check valve assembly box. Use extensions as required to protect 4” below valves and 12” below double check valve assembly.

2) 10” Round box for isolation valves, air/vacuum relief valves and flush valves.

3) Lettering: “IRRIGATION”

B. Drainage Backfill: Cleaned gravel or crushed stone, graded from 3/4 inch minimum to 3 inches maximum.

PART 3 EXECUTION 3.1 EARTHWORK

A. Install warning tape directly above pressure piping, 12 inches below finished grade.

B. Provide minimum cover over top of underground piping according to the following:

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1. Irrigation Main Piping: Minimum depth of 18 inches below finished grade.

2. Circuit Piping: 12 inches.

3. Drain Piping: 12 inches.

4. Sleeves: a. Extend irrigation sleeve 12 inches beyond each side of walkway,

driveway or wall. b. 24 inch minimum depth under driveways and walls. c. 18 inch minimum depth under walkway surfaces

3.2 PREPARATION

A. Set stakes to identify locations of proposed irrigation system. Obtain Architect's approval before excavation.

3.3 PIPING INSTALLATION

A. Location and Arrangement: Drawings indicate location and arrangement of piping systems. Install piping as indicated unless deviations are approved on Coordination Drawings.

B. Install piping at minimum uniform slope of 0.5 percent down toward drain valves.

C. Install piping free of sags and bends.

D. Install groups of pipes parallel to each other, spaced to permit valve servicing.

E. Install fittings for changes in direction and branch connections.

F. Install unions adjacent to valves and to final connections to other components with NPS 2 or smaller pipe connection.

G. Install flanges adjacent to valves and to final connections to other components with NPS 2‐1/2 or larger pipe connection.

H. Install underground thermoplastic piping according to ASTM D 2774.

I. Install expansion loops in control‐valve boxes for plastic piping.

J. Lay piping on solid subbase, uniformly sloped without humps or depressions.

K. Install PVC piping in dry weather when temperature is above 40 deg F. Allow joints to cure at least 24 hours at temperatures above 40 deg F before testing.

L. Install water regulators with shutoff valve and strainer on inlet and pressure gage on outlet. Install shutoff valve on outlet. Install aboveground or in control‐valve boxes.

M. Water Hammer Arresters: Install between connection to building main and circuit valves aboveground or in control‐valve boxes.

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N. Install piping in sleeves under parking lots, roadways, and sidewalks.

O. Install sleeves made of Schedule 40 PVC pipe and socket fittings, and solvent‐cemented joints.

P. Install transition fittings for plastic‐to‐metal pipe connections according to the following:

1. Underground Piping: a. NPS 1‐1/2 and Smaller: Plastic‐to‐metal transition fittings. b. NPS 2 and Larger: AWWA transition couplings.

Q. Install dielectric fittings for dissimilar‐metal pipe connections according to the following:

1. Underground Piping: a. NPS 2 and Smaller: Dielectric coupling or dielectric nipple. b. NPS 2‐1/2 and Larger: Prohibited except in control‐valve box.

2. Piping in Control‐Valve Boxes: a. NPS 2 and Smaller: Dielectric union. b. NPS 2‐1/2 to NPS 4: Dielectric flange. c. NPS 5 and Larger: Dielectric flange kit.

3.4 JOINT CONSTRUCTION

A. Ream ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe.

B. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before assembly.

C. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows:

1. Apply appropriate tape or thread compound to external pipe threads unless dry seal threading is specified.

2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds.

D. Flanged Joints: Select rubber gasket material, size, type, and thickness for service application. Install gasket concentrically positioned. Use suitable lubricants on bolt threads.

E. PE Piping Fastener Joints: Join with insert fittings and bands or fasteners according to piping manufacturer's written instructions.

F. PE Piping Heat‐Fusion Joints: Clean and dry joining surfaces by wiping with clean cloth or paper towels. Join according to ASTM D 2657.

1. Plain‐End PE Pipe and Fittings: Use butt fusion.

2. Plain‐End PE Pipe and Socket Fittings: Use socket fusion.

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G. PVC Piping Solvent‐Cemented Joints: Clean and dry joining surfaces. Join pipe and fittings according to the following:

1. Comply with ASTM F 402 for safe‐handling practice of cleaners, primers, and solvent cements.

2. PVC Pressure Piping: Join schedule number, ASTM D 1785, PVC pipe and PVC socket fittings according to ASTM D 2672. Join other‐than‐schedule‐number PVC pipe and socket fittings according to ASTM D 2855.

3. PVC Nonpressure Piping: Join according to ASTM D 2855.

3.5 VALVE INSTALLATION

A. Flush supply lines before installing automatic valves. Install one union upstream of valve in manifold. Use valve box extensions to ensure that box extends a minimum 5” below the bottom of the valve. Leave valve pit with a clean layer of gravel in the bottom with 4” clearance (min.) between gravel and bottom of valve.

B. Underground Curb Valves: Install in curb‐valve casings with tops flush with grade.

C. Underground Iron Gate Valves, Resilient Seat: Comply with AWWA C600 and AWWA M44. Install in valve casing with top flush with grade.

1. Install valves and PVC pipe with restrained, gasketed joints.

D. Pressure‐Reducing Valves: Install in boxes for automatic control valves or aboveground between shutoff valves.

E. Throttling Valves: Install in underground piping in boxes for automatic control valves.

F. Drain Valves: Install in underground piping in boxes for automatic control valves.

3.6 SPRINKLER INSTALLATION

A. Install sprinklers after hydrostatic test is completed.

B. Install fixed spray pop up on swingpipe (4” and 6” heads must include a marlex at head inlet). Install rotor heads on marlex triple swing joint assembly or lasco factory assembled swing joints. Locate all sprinkler heads in lawn areas a maxiumu of 2” from bed edge. Locatl sprinkler heads in planting areas a maximu of 4 inches from bed edge.

C. Install heads flush with finish grade and “fine tune” system to minimize overspray on adjacent pavement. Adjust “tilt” of head to various grade conditions which may exist.

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D. Locate part‐circle sprinklers to maintain a minimum distance of 4 inches from walls.

3.7 AUTOMATIC IRRIGATION‐CONTROL SYSTEM INSTALLATION

A. Equipment Mounting: Install exterior freestanding controllers on precast concrete bases.

1. Place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

2. Install anchor bolts to elevations required for proper attachment to supported equipment.

B. Install control cable in same trench as irrigation piping and at least 2 inches below piping. Provide conductors of size not smaller than recommended by controller manufacturer. Install cable in separate sleeve under paved areas.

3.8 CONNECTIONS

A. Comply with State and local code requirements for water supply from exterior water service piping, water meters, protective enclosures, and backflow preventers. Drawings indicate general arrangement of piping, fittings, and specialties.

B. Install piping adjacent to equipment, valves, and devices to allow service and maintenance.

C. Connect wiring between controllers and automatic control valves.

3.9 IDENTIFICATION

A. Warning Tapes: Arrange for installation of continuous, underground, detectable warning tapes over underground piping during backfilling of trenches.

3.10 FIELD QUALITY CONTROL

A. Perform tests and inspections.

B. Tests and Inspections:

1. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist.

2. Operational Test: After electrical circuitry has been energized, operate controllers and automatic control valves to confirm proper system operation.

3. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

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C. Any irrigation product will be considered defective if it does not pass tests and inspections.

D. Prepare test and inspection reports.

3.11 STARTUP SERVICE

A. Perform startup service.

1. Complete installation and startup checks according to manufacturer's written instructions.

2. Verify that controllers are installed and connected according to the Contract Documents.

3. Verify that electrical wiring installation complies with manufacturer's submittal.

3.12 ADJUSTING

A. Adjust settings of controllers.

B. Adjust automatic control valves to provide flow rate at rated operating pressure required for each sprinkler circuit.

C. Adjust sprinklers and devices, except those intended to be mounted aboveground, so they will be flush with finish grade.

3.13 CLEANING

A. Flush dirt and debris from piping before installing sprinklers and other devices.

3.14 DEMONSTRATION

A. Train Owner's maintenance personnel to adjust, operate, and maintain automatic control valves and controllers.

3.15 PIPING SCHEDULE

A. Install components having pressure rating equal to or greater than system operating pressure.

B. Piping in control‐valve boxes and aboveground may be joined with flanges or unions instead of joints indicated.

C. Underground irrigation main piping, NPS 4 and smaller shall be the following:

1. Schedule 40 PVC pipe and socket fittings, and solvent‐cemented joints.

D. Underground irrigation main piping, NPS 5 and larger, shall be the following:

1. Schedule 40 PVC pipe and socket fittings; and solvent‐cemented joints.

E. Circuit piping, NPS 2 shall be one of the following:

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1. SIDR 7, PE, controlled ID pipe; insert fittings for PE pipe; and fastener joints.

2. DR 9, PE, controlled OD pipe; PE butt, heat‐fusion, or PE socket‐type fittings; and heat‐fusion joints.

3. Schedule 40, PVC pipe and socket fittings; and solvent‐cemented joints.

4. SDR 26, PVC, pressure‐rated pipe; Schedule 40, PVC socket fittings; and solvent‐cemented joints.

F. Circuit piping, NPS 2‐1/2 to NPS , shall be one of the following:

1. SIDR 9, PE, controlled ID pipe; insert fittings for PE pipe; and banded or fastener joints.

2. DR 11, PE, controlled OD pipe; PE socket or butt‐fusion fittings; and heat‐fusion joints. NPS 3 pipe and fittings if NPS 2‐1/pipe and fittings are not available.


4. SDR 26, PVC, pressure‐rated pipe; Schedule 40, PVC socket fittings; and solvent‐cemented joints.

G. Underground Branches and Offsets at Sprinklers and Devices: Schedule 80, PVC pipe; threaded PVC fittings; and threaded joints.

1. Option: Plastic swing‐joint assemblies, with offsets for flexible joints, manufactured for this application.

H. Risers to Above Ground Sprinklers and Specialties: Schedule 80, PVC pipe and socket fittings; and solvent‐cemented joints.

I. Drain piping shall be one of the following:

1. SIDR 9, 11.5, or 15, PE, controlled ID pipe; insert fittings for PE pipe; and banded or fastener joints.


3. SDR 21, 26, or 32.5, PVC, pressure‐rated pipe; Schedule 40, PVC socket fittings; and solvent‐cemented joints.

3.16 VALVE SCHEDULE

A. Underground, Shutoff‐Duty Valves: Use the following:

1. NPS 2 and Smaller: Curb valve, curb‐valve casing, and shutoff rod.

2. NPS 3 and Larger: Iron gate valve, resilient seated; iron gate valve casing; and operating wrench(es).

B. Above Ground, Shutoff‐Duty Valves:

1. NPS 2 and Smaller: Plastic ball valve.

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2. NPS 2‐1/2 and Larger: Iron ball valve.

C. Drain Valves:

1. NPS 1/2 and NPS 3/4: Plastic ball valve.

END OF SECTION

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SECTION 02900 EXTERIOR PLANTS PART 1 GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY Section Includes:

1. Trees.

2. Shrubs.

3. Ground cover.

4. Tree stabilization. 1.3 DEFINITIONS Backfill: The earth used to replace or the act of replacing earth in an excavation. Bare‐Root Stock: Exterior plants with a well‐branched, fibrous‐root system developed by transplanting or root pruning, with soil or growing medium removed, and with not less than minimum root spread according to ANSI Z60.1 for type and size of exterior plant required. Container‐Grown Stock: Healthy, vigorous, well‐rooted exterior plants grown in a container with well‐established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. Final Acceptance: Calendar date on which the Owner (or Owner’s Representative) gives final written approval that the project has been satisfactorily constructed in accordance with the plans and specifications. Finish Grade: Elevation of finished surface of planting soil. Planting Soil: Use native, stockpiled soil per plans. See civil drawings.

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Plugs: Healthy, vigorous, well‐rooted exterior plants grown in a plug tray with well‐established root system reaching sides of tray and maintaining a firm ball when removed from tray. Tray shall be rigid enough to hold shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. Plugs shall be a minimum of 1” diameter at base of leaf or stem. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 1.4 SUBMITTALS Product Data: For each type of product indicated. Qualification Data: For qualified landscape Installer. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following:

3. Manufacturer's certified analysis for standard products.

4. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable.

Material Test Reports: For existing surface soil. Planting Schedule: Indicating anticipated planting dates for exterior plants. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expiration of required warrant period. Warranty: Sample of special warranty. 1.5 QUALITY ASSURANCE Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Provide, for the Engineer’s review and approval, documented history of the installer that demonstrates a minimum of three year’s experience for work on similar public projects.

1. Installer's Field Supervision: Require Installer to maintain an experienced full‐

time supervisor on Project site when planting is in progress.

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Soil‐Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. Topsoil Analysis: Furnish soil analysis by a qualified soil‐testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; pH; and mineral and plant‐nutrient content of topsoil. Report will be reviewed by the Engineer to determine, if any, required soil amendments. The costs of required soil amendments shall be considered incidental to the planting work.

2. Report suitability of topsoil for plant growth. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock."

3. Selection of exterior plants purchased under allowances will be made by Architect, who will tag plants at their place of growth before they are prepared for transplanting.

Observation: Architect may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Architect retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site.

4. Notify Architect of sources of planting materials seven (7) days in advance of delivery to site.

Preinstallation Conference: Conduct conference at Project site. 1.6 DELIVERY, STORAGE, AND HANDLING Deliver exterior plants freshly dug.

1. Immediately after digging up bare‐root stock, pack root system in wet straw, hay, or other suitable material to keep root system moist until planting.

Do not prune trees and shrubs before delivery except as approved by Architect. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind‐tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling.

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Handle planting stock by root ball. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants and trees in shade, protect from weather and mechanical damage, and keep roots moist.

2. Heel‐in bare‐root stock. Soak roots that are in dry condition in water for two hours. Reject dried‐out plants.

3. Do not remove container‐grown stock from containers before time of planting.

4. Water root systems of exterior plants stored on‐site with a fine‐mist spray. Water as often as necessary to maintain root systems in a moist condition.

1.7 PROJECT CONDITIONS Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturer's written instructions and warranty requirements. 1.8 WARRANTY Special Warranty: Installer's standard form in which Installer agrees to repair or replace plantings, seeding, and accessories that fail in materials, workmanship, or growth within specified warranty period.

1. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, including but not limited to defects

resulting from lack of adequate maintenance or neglect or abuse by Contractor or subcontractors

b. Structural failures including plantings falling or blowing over.

2. Warranty Periods from Date of Final Acceptance: a. Trees and Shrubs: One year. b. Ground Cover Plants: One year. c. Seeding: One year.

3. Include the following remedial actions as a minimum:

a. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season.

b. Replace exterior plants that are more than 25 percent dead or in an unhealthy condition at the time of annual inspections.

c. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period.

4. Special Warranty Standards:

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a. Plant material survival and coverage rates shall meet the minimum requirements of the Joint Permit Application (JPA) on file at the City of Lake Oswego.

b. During the Warranty Period the Owner or Owner’s Representative will

make three annual inspections jointly with the Contractor at the following times:

Spring, early May Summer, mid July Fall, late September

c. Depending on when the Warranty Period begins, one of the above inspections will be the final inspection.

d. During each inspection the Owner or Owner’s Representative my

determine, based upon the success criteria specified in the JPA, that corrective work is required. If so the Owner or Owner’s representative will provide the Contractor with a written notice of required corrective work sent by hand‐delivery, mail or email.

e. This standard applies to the Warranty Periods listed above.

1.9 MAINTENANCE SERVICE Initial Maintenance Service for Trees and Shrubs: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and well established, but for not less than maintenance period below.

1. Maintenance Period: One year from final acceptance. Initial Maintenance Service for Ground Covers: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and well established, but for not less than maintenance period below.

2. Maintenance Period: One year from final acceptance. PART 2 PRODUCTS 2.1 TREE AND SHRUB MATERIAL

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General: Furnish nursery‐grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well‐shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. Root‐Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. Label at least one tree and one shrub of each variety and caliper with a securely attached, waterproof tag bearing legible designation of botanical and common name. If formal arrangements or consecutive order of trees or shrubs is shown, select stock for uniform height and spread, and number label to assure symmetry in planting. 2.2 DECIDUOUS SHRUBS Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub.

1. Shrub sizes indicated are sizes after pruning.

2. Provide container or bare root shrubs. 2.3 GROUND COVER PLANTS Ground Cover: Provide ground cover of species indicated, established and well rooted in pots or similar containers, and complying with ANSI Z60. 2.4 TOPSOIL Strip and stockpile existing site topsoil in areas designated for earthwork operations. Remove existing vegetative matter prior to stripping. Strip to a depth of 12 inches maximum. Remove roots, rocks, and debris 3 inches and larger in any dimension from topsoil stockpile. 2.5 INORGANIC SOIL AMENDMENTS No inorganic soil amendments shall be used. 2.6 ORGANIC SOIL AMENDMENTS No organic soil amendments shall be used. 2.7 FERTILIZER

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No fertilizer is to be used on the project. 2.8 MULCHES No mulch is to be used on the project. 2.9 PERMANENT SEEDING Provide permanent seed materials according Plan Sheet L01. PART 3 EXECUTION 3.1 EXAMINATION Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. Provide 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. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain Obtain Architect's acceptance of layout before planting. Make minor adjustments as required. Wrap trees and shrubs with burlap fabric over trunks, branches, stems, twigs, and foliage to protect from wind and other damage during digging, handling, and transportation. 3.3 PLANTING BED ESTABLISHMENT Loosen subgrade of planting beds to a minimum depth of 6 inches. Remove stones larger than 3 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Topsoil Placement: Place stockpiled topsoil at areas devoid of existing topsoil as a result of earthwork. Place topsoil as shown on the plans.

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Before planting, restore planting beds if eroded or otherwise disturbed after finish grading. 3.4 EXCAVATION FOR TREES AND SHRUBS Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation.

1. Excavate at least 12 inches wider than root spread and deep enough to accommodate vertical roots for bare‐root stock.

2. Subsoil removed from excavations may not be used as backfill. Remove surplus soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off the Owner’s property.

Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. Hardpan Layer: Drill 6‐inch diameter holes, 24 inches apart, into free‐draining strata or to a depth of 10 feet, whichever is less, and backfill with free‐draining material. Drainage: Notify Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.5 TREE AND SHRUB PLANTING Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. Set container‐grown stock plumb and in center of pit or trench with top of root as detailed adjacent finish grades.

1. Carefully remove root ball from container without damaging root ball or plant and remove burlap and/or wire baskets from project site.

2. Place native topsoil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one‐half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix.

3.6 TREE AND SHRUB PRUNING Remove only dead, dying, or broken branches. Do not prune for shape.

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Prune, thin, and shape trees and shrubs as directed by Architect. Prune, thin, and shape trees and shrubs according to standard horticultural practice. Prune trees to retain required height and spread. Unless otherwise indicated by Architect, do not cut tree leaders; remove only injured or dead branches from flowering trees. Prune shrubs to retain natural character. 3.7 GROUND COVER AND PLUG PLANTING Set out and space ground cover and plugs as indicated in plans. Dig holes large enough to allow spreading of roots and backfill with planting soil. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. 3.8 PLANTING BED MULCHING No mulch shall be applied to planting beds in this project. 3.9 SEEDED AREA PREPARATION Apply amendments indicated in the soils report and by the Engineer. Rake to incorporate. Finish seed area surfaces by raking smooth and even; lightly compact with a water filled roller. 3.10 SEEDING After approval of finish grade, seed using hydroseeding equipment, hydromulch, and tackifier. Seed at rate specified in the Plans. Hydroseed slurry to include wood fiber mulch at a rate of 2,000 lb/acre, and tackifier at a rate of 100 lb/acre. Repair any damage to grade caused by seeding equipment. 3.11 STRAW MULCH Provide straw mulch that is certified weed free. Evenly apply straw mulch within 24 hours after hydroseeding. In areas not accessible to heavy equipment or hose, apply straw mulch by hand or other approved method. Place straw mulch approximately 2 iches deep, in loose condition, which requires approximately 2 ½ tons per acrew of dry mulch (contractor to verify and order accordingly). Do not use straw mulch on slopes ov 1V:1.5H or steeper. 3.12 PLANT MAINTENANCE

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Trees, Shrubs and Groundcovers shall be maintained according to the Joint Permit Application. Tree and Shrub Maintenance: Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, adjusting and repairing root‐ball stabilization, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Restore or replace damaged tree wrappings. Ground Cover and Plug Maintenance: Maintain and establish plantings by watering, weeding, and other operations as required to establish healthy, viable plantings. Maintain plants and seeding until the completion of the one year warranty period. 3.13 CLEANUP AND PROTECTION During planting, keep adjacent paving and construction clean and work area in an orderly condition. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 3.14 DISPOSAL Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property.

END OF SECTION

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DIVISION 15

SECTION 15065 HIGH DENSITY POLYETHYLENE PIPE PART 1 GENERAL 1.01 DESCRIPTION

A. SCOPE:

1. This Section specifies high density polyethylene (HDPE) pipe, fittings, pipe connections and general construction practices for HDPE piping systems to be installed for permanent sewer and temporary sanitary bypass system. The CONTRACTOR shall provide all piping and ancillary devices required to provide a fully functional system.

2. Alignment and grade control are discussed in Section 01050, Survey Information and on the Drawings. All connection details including flanges, gaskets, and electrofusion saddle tees are addressed in 15085, Piping Connections. Carefully review these Sections in conjunction with the requirements herein.

1.02 QUALITY ASSURANCE

A. REFERENCES:

1. This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this Section as if referenced directly. In the event of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail.

2. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced.

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References Title

ANSI/AWWA C906 Polyethylene (PE) Pressure Pipe and Fittings, 4‐inch through 63inch, for Water Distribution

ASTM F2620 Standard Practice for Heat Fusion Joining of Polyethylene Pipe and Fittings

ASTM D3350 Polyethylene Plastics Pipe and Fittings Material

ASTM F714 Specification for Polyethylene (PE) Plastic Pipe

PE Pipe Handbook Chapter 2 – Inspections, Tests and Safety Considerations

B. AFFIDAVIT OF COMPLIANCE: The manufacturer shall furnish an affidavit of compliance conforming to the requirements of AWWA C906, Section 1.3, affirming that the piping components comply with the requirements of AWWA C906, ASTM D3350 for the specified cell classification and this specification

C. INSTALLATION THERMAL FUSION TRAINING AND CERTIFICATION:

1. HDPE fusion welding shall be performed by an experienced specialty fusion contractor trained in the use of equipment and methods for thermal butt fusion pipe joining in accordance with the pipe manufacturer’s recommended practices, AWWA C906 and ASTM F2620.

2. Written certification shall be submitted for each technician demonstrating training and experience with equipment and methods to be used on the project. Training and experience is defined as having been trained for fusion of HDPE pipe 12‐inches in diameter or larger, and with a minimum of three projects fusing pipe of this diameter in the last 3 years. In addition, the certification for each technician shall include documentation of a successful bend back test for comparable pipe within the previous year.

3. Technicians shall not be permitted to work on the project until proper certification is received. The ENGINEER may require technician requalification prior to beginning work on the project.

4. Electrofusion is required for attachment of HDPE flexible restraint blocks and installation of saddle tee for service laterals to the HDPE pipe. Provide training certification for the electrofusion technicians.

1.03 SUBMITTALS

A. The following submittals shall be provided in accordance with Section 01300, Submittals:

1. A copy of this specification Section, with addendum updates included, and all referenced and applicable Sections, with addendum updates included, with each paragraph check‐marked to indicate specification compliance or marked to indicate requested deviations from specification

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requirements. Check marks (�) shall denote full compliance with a paragraph as a whole. If deviations from the specifications are indicated, and therefore requested by the CONTRACTOR, each deviation shall be underlined and denoted by a number in the margin to the right of the identified paragraph, referenced to a detailed written explanation of the reasons for requesting the deviation. The ENGINEER shall be the final authority for determining acceptability of requested deviations. The remaining portions of the paragraph not underlined will signify compliance on the part of the CONTRACTOR with the specifications. Failure to include a copy of the marked‐up specification Sections, along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration.

2. Manufacturer’s Affidavit of Compliance with referenced standard AWWA C906.

3. An outline of the manufacturer’s quality control/quality assurance procedures performed on the polyethylene system components before, during and after the manufacturing process. Procedures shall include a detailed description of the method for measuring pipe ovality.

4. A detailed description of the procedures to be used in making the fusion welded pipe joints; including manufacturer’s product data for heat fusion equipment and data‐loggers that will be used in the factory and in the field.

5. Qualifications for the specialty HDPE fusion contractor and written certification and experience for the fusion welding technicians that will be performing the pipe joint welding in the field and the technicians that will be electrofusing the HDPE flexible restraint blocks and electrofusion saddle tees to the pipe.

6. Lay drawings and detail drawings showing size, DR, and location of pipe and fittings, and a schedule of pipe arrival dates. The schedule shall be submitted a minimum of one month prior to the first pipe delivery and shall provide notice of any changes in this schedule as necessary.

7. Shop drawings, and manufacturer’s catalogue and data sheets for fittings, flanged fittings, flange adapters, backer rings and hardware, wall anchors, and mechanical couplings. Submittal should include all necessary components for each type of connection and identification of all locations at which components are to be provided. Where fabricated metal work that is specified in other Sections or on the Drawings, such as backer rings and bolting hardware, is in contact with components specified in this Section, this submittal shall include all pieces to validate dimensional coordination.

8. Gasket information including detailed, dimensioned drawings, material properties, calculation of thickness required, and chemical resistance.

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9. Product data for the anti‐galling compound that will be used on stainless steel bolts. Data shall confirm that the anti‐galling compound conforms to the requirements of Paragraph 2.07.

10. Test procedures and testing equipment for: a. Hydrostatic pressure testing fused pipe segments per Paragraph

3.04.B., including calculations of allowable make‐up water quantities for HDPE pipe expansion during the pressure test.

b. Hydrostatic pressure testing flanged joints per Paragraph 3.04.C.

11. Procedures and requirements for safe handling, transport and storage of HDPE piping. This procedure shall include a description of the cradle support system that will be provided to maintain the round pipe shape and the maximum acceptable pipe stacking height.

12. Product data for HDPE pipe, including confirmation of material properties, coefficient of thermal expansion, dimensions of pipe to be supplied, and allowable bending radii and stresses for installation.

13. Product data for the HDPE flexible restraint blocks, if required, including the data for the blocks, the manufacturer recommended electrofusion equipment and detailed procedures for electrofusion of the blocks to the surface of the HDPE pipe.

14. Product data for the HDPE electrofusion saddle tees including data for the tees, the manufacturer recommended electrofusion equipment and detailed procedures for electrofusion of the flocks to the surface of the HDPE pipe.

15. Product data for equipment and procedures for interior video documentation of the HDPE pipe and fused pipe joints following joint fusion and removal of the interior roll‐back bead.

16. Procedures and methods for safely anchoring free ends of the air‐filled (after dewatering) piping system.

17. Procedures for safely dewatering pipeline after installation/deployment.

18. Flange‐specific bolt torque sequence, including re‐torque, in accordance with PPI Technical Note 38.

PART 2—PRODUCTS 2.01 MATERIAL

A. PROPERTIES:

1. The pipe shall be made from polyethylene resin compound with a minimum cell classification PE 345464C for PE 3608 materials as defined by ASTM D3350. The material shall have a hydrostatic design basis of

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1600 psi at 23 degrees C and shall be a Plastic Pipe Institute listed compound (TR‐4).

2. The CONTRACTOR may request permission to substitute pipe manufactured from PE 4710 resin with a minimum cell classification PE 445474C, however, all dimensions and tolerances specified in AWWA C906 for PE 3608 pipe shall still apply.

B. REWORKED MATERIAL: Clean polyethylene compound from manufacturer’s own pipe production that met the requirements for new material in accordance with this specification may be used if it is derived from the same resin and same raw material supplier as used for the virgin material used in production of this pipe.

C. RAW MATERIAL: The HDPE raw material shall contain a minimum of 2 percent well dispersed, carbon black. The finish pipe shall be black. Additives which can be conclusively proven not to be detrimental to the pipe may also be used, provided the pipe produced meets the requirements of the standard to which the pipe is manufactured.

D. QUALITY CONTROL: The Manufacturer shall have a quality control/quality assurance program that monitors all relevant resin and pipe properties, and dimensions in accordance with AWWA C906. During pipe manufacture a log of quality control/assurance parameters shall be maintained and made available to the OWNER upon request. The Manufacturer’s production facilities shall be open for inspection by the OWNER or their authorized representative to audit, witness and inspect the methods, practices, tests and procedures of the quality control/assurance program.

2.02 PIPE

A. GENERAL: Pipe shall be provided to the size and DR shown with an IPS outside diameter basis and the dimensions and tolerances specified in AWWA C906.

B. BYPASS PIPE: Previously used HPDE pipe is acceptable for use in all bypass systems as long as pipe meets all applicable standards in this specification. Used pipe must meet all dimensional, fusion, mechanical joining, workmanship, handling and storage, testing, and protection criteria outlined herein.

C. OVALITY: The manufactured pipe ovality is important in determining the ability of the pipe to resist external pressure loads. As a result the manufactured pipe, including pipe for all sewers and for buoyancy pipe modules, shall meet the following requirements.

1. The pipe shall be round at all cross‐sections as it leaves the extruder. The measured ovality as the pipe leaves the extrusion line and has achieved ambient temperature (< 80 degrees F or 27 degrees C) shall not exceed 2.5 percent, as measured at the manufacturer’s production facility. Ovality measurements shall be made at each end of each pipe section. Measurements shall be recorded and sent to the ENGINEER in accordance with Paragraph 2.02.C.7.

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a. This ovality shall be computed as follows at any given cross‐section:

Ovality = Maximum outer diameter – Average outer diameter Average outer diameter

b. Average outer diameter = average of maximum and minimum diameters at the same point on the pipe.

2. Ovality Failure Criteria: Any finished pipe length not meeting the above requirement as it is removed from the extrusion line and has attained ambient temperature shall be rejected. The Pipe Manufacturer shall take measures in the storage and handling of the pipe prior to and during shipping, and upon delivery, including providing a cradle pipe support system, to maintain the round condition of the delivered pipe.

3. The manufacturer and the manufacturer’s shipping contractor (and the ENGINEER) shall follow the submitted procedure for transport, handling and storage of pipe with the overall goal of protecting the pipe from damage and maintaining its round cross‐sectional shape.

D. PIPE MARKINGS: The following markings shall be permanently imprinted on the pipe continuously, or spaced at intervals not exceeding 5 feet.

1. Name and/or trademark of the Pipe Manufacturer.

2. Nominal pipe size.

3. Pipe Dimension Ratio

4. Standard Material Code

5. Manufacturing Standard Reference

6. A production code which describes the resin compound, manufacturing location, year, month and day of manufacture.

7. In addition to the above standard markings, each pipe section shall be consecutively numbered with white paint as it leaves the extruder. The numerals shall be a minimum of 4‐inches tall and shall be placed on the side of each end of each delivered pipe section. The Manufacturer shall keep a record of each numbered pipe segment listing its date of manufacture and ovality as measured at the manufacturing plant. This record shall be sent to the ENGINEER weekly via e‐mail throughout the pipe manufacturing process.

2.03 SPECIAL HDPE SECTIONS AND FITTINGS

A. Fittings and special HDPE sections shall be manufactured from the same resin cell classification and performance ratings as the pipe itself and shall conform to the applicable requirements of AWWA C906.

B. Special HDPE sections include flange adapters, wall anchors, and electrofusion saddle tees. Special HDPE sections shall be fabricated from monolithic HDPE

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pipe billets, and shall be produced by Independent Pipe Products, Inc., or equal. Special HDPE sections may not be fabricated from component pieces or helically wound billets.

C. Flange adapters are required for connection to structures along with backer ring(s), bolts, and gaskets. Backer rings and bolts are specified and detailed on the Drawings and Section 05505, Miscellaneous Metalwork. Flange and backer ring dimensions across the flanged connections shall be identical to facilitate fit‐up.

D. Wall anchors are required for securing internodal cable brackets in place as detailed on the Drawings. Wall anchors, as shown, generally do not conform to “standard” industry wall anchor dimensions.

E. Hardware, including backer rings, shall be required to complete the joint or connection using these special HDPE sections. Supplier and CONTRACTOR shall coordinate the section length and locations of the special HDPE sections to result in adequate clearance for thermal butt fusion of the special HDPE sections, and for hardware installation, such as bolt and nut tightening. Other special HDPE section dimensions shall be as indicated in the Drawings.

F. Electrofusion saddle tees are required for connection of service laterals to trunklines. Electrofusion saddle tees are specified and detailed on the Drawings and Section 15085.

2.04 GASKETS

A. Gaskets shall be provided for all flanged connections, including HDPE to HDPE and HDPE to steel or stainless steel flange connections. Coordinate gasket fabrication to match manhole flange and backer ring bolt pattern as shown on the Drawings. Gaskets shall be one‐piece construction.

B. Gasket material shall be compound TH‐1270 (Viton), 75 +/‐ 5 Shore A durometer FKM. Minimum thickness shall be 1/8 inch minimum, with a thickness tolerance of +/ 0.02 inches. Gaskets shall be smooth face with the following physical properties:

1. Hardness 75 +/‐ 5 Durometer Shore A

2. Tensile Strength, PSI 1000

3. Elongation at Break % 250

4. Specific Gravity, g/cc 1.92

5. Temperature Range ‐17oC to 200oC

6. Color Black

7. Finish Smooth

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C. Supplier shall compute thickness required for their particular product, not less than the minimum. Contact/bearing pressure shall range from 640 – 700 pounds per square inch using the specified bolt tensions illustrated on the Drawings. Gasket shall prevent leakage under both the hydrostatic test pressure and subsequent air test pressure as specified in Paragraph 3.04.

2.05 THERMAL FUSION

A. GENERAL:

1. Unless otherwise specified, shop pipe joints and cap installations, and field welded joints in pipe, special sections and fittings shall be accomplished by thermal butt fusion, in accordance with AWWA C906, ASTM F2620 and the pipe manufacturer and fusion equipment supplier recommendations.

2. Data loggers shall be used to document all shop and field thermal fusion welds. Each weld shall be labeled with a discreet identity and data logger records corresponding to that identity shall include records of heater and heater surface temperature, heating and fusion interfacial pressure, and heating and cooling time under pressure. The data logger record for each fusion joint shall also include job information, including job number, employee name or number, pipe diameter, pipe wall thickness or DR, fusion machine model, and date and time of the weld. Acceptable joints shall be those for which the data logger records indicate the joints meet the requirements of AWWA C906 and ASTM F2620, and the pipe manufacturer and fusion equipment supplier recommendations. Rejected joints shall be cut out and new fusion welds performed that meet the specified requirements. Data logger records shall be submitted to the ENGINEER in accordance with Paragraph 3.03.B.2.a.3 for thermal fusion welds.

3. Thermal fusion of all shop and field joints shall be executed in accordance with Paragraph 3.03.B.

B. HDPE FLEXIBLE RESTRAINT BLOCKS: Provide electrofusion fitting flex restraints, as manufactured by Central Plastics, Inc.

C. HDPE ELECTROFUSION SADDLE TEES: Weld electrofusion to service lateral pipe using thermal butt fusion. Wall thickness, inside, and outside diameter of electrofusion saddle tee and service lateral pipe shall be compatible for thermal butt fusion as required.

2.06 MECHANICAL JOINING

A. GENERAL: Flange adapters and mechanical couplings shall be used to make connections to differing piping materials, to equipment, valves and other appurtenances as shown and specified.

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B. FLANGED JOINTS: HDPE pipe shall be flanged to other sections of HDPE pipe, to fittings or to other pipe system components by means of an assembly consisting of a HDPE flange adapter(s), gasket, backer ring(s), and appropriately sized bolts, threaded rod, nuts and washers. The flange adapter shall have the same inside diameter as the pipe to which it is butt fused and all other dimensions shall be as shown on the Drawings. Backer ring(s) and bolting are specified in Section 05505, Miscellaneous Metalwork, and the Drawings. The CONTRACTOR shall provide training, qualify and supervise bolting personnel.

1. HDPE flange faces shall be protected from scratches and gouges by a plywood face plate during handling, transport and storage.

2. Gaskets shall be provided for all flanged connections.

3. Backer rings shall be assembled with the HDPE pipe as it is being fusion welded together.

4. HDPE stub ends shall not be used.

C. NOT USED

2.07 ANTI‐GALLING COMPOUND: A. Anti‐galling compound shall be used on stainless steel fasteners to prevent

galling during installation of the HDPE pipe. Anti‐galling compound shall be insoluble in fresh water, suitable for installation underwater, resistant to microbial attack when installed underwater, and conform to applicable environmental regulations for use underwater in a freshwater lake at the project location. Anti‐galling compound shall be Fastorq A/G, or equal.

2.08. PLASTIC TRACER TAPE:

A. Tracer tape shall be 6 inches wide with a dark green background color, and made of inert plastic material suitable for direct burial. Tape shall be capable of stretching to twice its original length and shall be as manufactured by Allen Systems, W. H. Brady Co., Seton Name Plate Corporation, Marking Services Inc., or equal.

B. Two messages shall be printed on the tape. The first message shall read "CAUTION STORM DRAINAGE PIPE BURIED BELOW" with bold letters approximately 2 inches high. The second message shall read "CALL CITY OF LAKE OSWEGO" with letters approximately 3/4 inch high. Both messages shall be printed at maximum intervals of 2 feet.

2.09 MAGNETIC TRACER TAPE:

A. Polyethylene magnetic tracer tape shall be as manufactured by Allen Systems, W. H. Brady Co., Seton Name Plate Corporation, Marking Services Inc., or equal. Tape shall be acid and alkali‐resistant, 3 inches wide, 0.005 inch thick, and have 1,500‐psi strength and 140 percent elongation value. The tape shall be colored dark green

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and shall be inscribed with the words "CAUTION STORM DRAINAGE PIPE BURIED BELOW."

PART 3 EXECUTION 3.01 PIPE MANUFACTURE

A. MANUFACTURE PROCESS: The pipe manufacture shall at minimum conform to

the manufacturing, sampling, inspection and testing requirements set out in the manufacturer’s submitted quality control/assurance plan and/or the relevant manufacturing standard.

B. WORKMANSHIP: The finished pipe shall be homogeneous throughout and essentially uniform in color, opacity, density and other properties. The inside and outside surfaces shall be semi‐matte or glossy in appearance and free of chalking, sticky, or tacky material. The pipe walls shall be free of cracks, holes, blisters, voids, foreign inclusion, or other defects that are visible to the naked eye or other non‐destructive test methods and that may affect the wall integrity.

3.02 PIPE DELIVERY, HANDLING AND STORAGE

A. GENERAL: The polyethylene pipes shall be stored, transported and delivered using equipment and procedures that will protect them from damage and maintain the round cross sectional shape in accordance with the submitted procedures for safe handling, transport and storage.

B. HANDLING: Pipe sections shall be loaded moved and transported using suitably sized lifting equipment equipped with a spreader bar and a pair of nylon slings that are a minimum of 8 inches wide or with a suitably sized forklift with padded forks. In no case shall bare metal contact the polyethylene. No wire slings shall be used.

C. TRANSPORT AND STORAGE:

1. Pipe shall be protected from shifting, rotating or moving during transport and from damage by foreign objects. During storage at the manufacturer’s site or during transport no pipe segments shall be stacked higher than recommended by the Manufacturer’s submitted handling and storage precautions.

2. Pipe shall be stored to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking shall be done in accordance with the pipe manufacturer’s recommendations and the submitted procedure for safe handling, transport and storage.

3. The manufacturer provided pipe cradle support system shall remain in place during storage to maintain the round pipe cross section. Pipe ovality shall be monitored regularly during storage and, if necessary, the CONTRACTOR shall adjust the position of the pipe to limit ovality to no

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more than 3 percent at the time of fusion and storage on the lake. Calculate ovality as described in Paragraph 2.02.

D. INSPECTION UPON RECEIPT:

1. Pipe and fittings shall be examined for damage such as scratches or gouges at the time of receipt. Any damage found shall be brought to the attention of the Manufacturer.

2. Pipe or fittings found to be damaged according to the criteria set out below shall be removed and replaced. No repaired pipe or fittings will be allowed; undamaged portions of a pipe section may be salvaged by removing a damaged portion and neatly facing off the undamaged portion of the pipe. A log of damage shall be accurately kept.

E. DAMAGE: Pipe with cuts, gouges, or scratches on the outside surface that exceed 5 percent of the wall thickness depth shall be considered damaged. Damaged pipe with scratches up to 10 percent of wall thickness may be used provided the surface is smoothed so there are no nicks. The inside diameter surface shall be free of cuts, gouges, and/or scratches. In addition, any section of pipe having other defects such as concentrated ridges, discoloration, excessive spot roughness, pitting, variable wall thickness, or any other defect of manufacturing or handling as determined by the ENGINEER shall be removed and replaced.

3.03 INSTALLATION

A. GENERAL:

1. Unless otherwise specified, the piping system shall be installed in accordance with ASTM D2321, AWWA C906 and the manufacturer’s recommendations.

2. Section 01015, Schedule Constraints and Work Sequence, provides information for the CONTRACTOR’s use in planning the HDPE pipe installation, including a sample work sequence for the CONTRACTOR’s reference.

B. PIPE JOINING:

1. When joining pipe by thermal fusion or mechanical joining, the pipe shall be rolled to obtain the best match of the wall cross‐section to produce a uniform invert in the finished pipe.

2. Prior to cutting and joining the pipe, the CONTRACTOR shall use the as‐constructed survey to establish the actual distance between manholes, where possible. CONTRACTOR shall review the distances with the ENGINEER and obtain concurrence of the ENGINEER for the required length of each pipe segment prior to fusing pipe for that MH‐to‐MH segment. a. THERMAL FUSION: Pipe and fittings shall be joined into

continuous MH‐to‐MH and service lateral segments on the job site. Each segment will include flange adapters on each end,

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except service laterals. No additional flange joints shall be allowed between manholes for sewer pipe. Temporary bypass pumping pipe may have flange joints between manholes or temporary sumps as required by the approved Bypass Pumping Plan and approved by the ENGINEER. Unless otherwise specified, joining shall be accomplished by the butt‐fusion method performed in accordance with the pipe manufacturer’s recommendations, AWWA C906, and ASTM F2620. Socket fusion, and hot gas welding shall not be used. Electrofusion shall not be used except to connect service laterals to sewer pipe via an electrofusion saddle tee. Thermal fusion welding shall be conducted using qualified personnel in accordance with Paragraph 1.02.C. 1) Butt‐fused joints shall be true alignment and shall have

uniform roll‐back beads resulting from the use of proper temperature and pressure. Joint shall be allowed adequate cooling time before removal of pressure.

2) Fused joints shall be watertight and shall have tensile strength equal to that of the pipe.

3) An automated data log shall be generated in accordance with Paragraph 2.05.A for all fusions performed. Data records for shop fusions shall be submitted weekly to the ENGINEER. Data records for field fusions shall be submitted daily to the ENGINEER. All data logger records shall be maintained at the fusion site and the complete set shall be submitted to the OWNER at job completion.

4) Remove the roll‐back bead from the interior of each pipe joint after fusion is complete to provide a smooth pipe surface at the joint.

5) After the roll‐back bead has been removed and before the pipe is placed the trench, video each pipe section and the completed joint to document the condition of the interior pipe wall and joint.

6) During cold (less than 55˚F) and/or wet weather the fusing operation shall be conducted in a climate controlled environment, as recommended by the manufacturer. The fusion area shall be protected from dust, rain, ice, snow, wind or freezing temperatures by using a fusion machine with an enclosed climate controlled fusion area, or by enclosing, insulating and heating the fusing operation as necessary to assure that climate conditions necessary for the fusing operation are maintained.

b. BYPASS PIPE FUSION: Fusion of bypass pumping pipe shall meet all of the requirements listed above. For fusion of bypass pumping pipe on a floating barge, the barge shall allow a working area long enough to have two unfused pipe segments on the

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barge at one time. Having a barge this long limits the effects of wave action on the fusion machine. For example, if the longest pipe segment were 50 feet long, the fusion barge shall be at least 100 feet long.

c. MECHANICAL JOINING: Flanged joining or other mechanical joining methods shall be provided in accordance with manufacturer’s recommendations. 1) Flange faces shall be in uniform contact prior to bolt

tightening. Bolts and flanges shall not be used to align or join pipes across a gap.

2) Flange bolts shall be tightened in accordance with PPI Technical Note 38 to achieve the bolt pre‐tension specified on the Drawings. The CONTRACTOR shall perform a final re‐torque of each bolt on each flange no less than 4 hours after completion of the initial torque sequence. The re‐torque shall be a repetition of the final step in the initial torque sequence. The CONTRACTOR shall submit a flange‐specific bolt torque procedure, including a re‐torque, for review by the ENGINEER.

3) Torque wrenches used to tighten flange bolts shall be calibrated daily and written documentation of each calibration shall be maintained on‐site, available for inspection by the ENGINEER.

4) HDPE pipe backer ring and bolting component manufacturers shall verify that the components are sufficient to withstand the required bolt torques.

5) Workers responsible for assembly of flanged joints shall be trained and qualified to the specified bolting procedures, including prevention of galling bolts, application of anti‐galling compound, pattern for bolt tightening, requirement for low speed bolt tightening, torques required as the joint is assembled for each type of flanged joint, and final tightening requirements.

6) CONTRACTOR shall take precautions against galling the Type 316 stainless steel bolts during assembly and torque‐setting operations. Anti‐galling compound shall be used on all flange bolts. If pneumatic wrenches are used they shall be operated at low speed to assure the temperature rise in the threads will not cause galling.

7) CONTRACTOR shall connect flanges for fused pipe segments between manholes and/or existing sewer pipes, including service laterals, on days with air temperature between 45˚F to 65˚F (temperature range shall also apply to water if any portion of the pipeline is submerged). A single flanged end of a pipe segment may be connected and pipe sleeve connection welded outside of this range, if

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necessary, but the remaining flanged end must be connected and pipe sleeve connection welded within this temperature range to limit abnormal thermal conditions in the pipe reach. Portland area temperature data is included in Attachment 1 of this Section.

8) When connecting the free end of any pipe that partially buoyantly supported – pipe spools from MH B to MH 14, MH D to MH 15R, MH G to MH 18R, MH H to MH 21R, and MH G to MH H – the adjustable stainless steel pipe sleeve connection shall be set at the design location such that the MH flange face is set at 24” as shown on Drawing 000‐D‐165. No pipe sleeve adjustment will be allowed to make up for any change in pipe length due to temperature. The flange connection shall be accomplished by pulling on the HDPE pipe, as needed in a method acceptable to the ENGINEER, with sufficient force that the two flange faces will meet up as specified. Pulling on the existing interceptor, piles (new or to be abandoned), existing docks or sea walls shall not be acceptable.

C. LOCATION AND ALIGNMENT:

1. Pipe and fittings shall be placed with the invert conforming to the elevations, slopes, and alignments shown. Construction surveying to establish the pipe grade shall be provided as specified in Section 02100, Site Preparation.

2. Pile‐Supported, Anchor Block and Support on Grade, and buried pipes shall be placed in alignments as shown and specified in the Contract Documents. Line and grade of the secured, in‐place piping system, including Pile‐Supported, Anchor Block and Support on Grade, and buried systems shall be provided as shown.

D. PLASTIC TRACER TAPE: A single line of plastic tracer tape as specified in paragraph 2.03 shall be provided 2.5 feet above the centerline of buried storm drain pipe. Plastic tracer tape shall not be required if soil cover is less than 3 feet thick. For sanitary sewer pipelines buried 8 feet or greater below finished grade, CONTRACTOR shall provide a second line of tape 12 inches below finished grade, above and parallel to each buried pipe. Tape shall be spread flat with message side up before backfilling.

E. MAGNETIC TRACER TAPE: Polyethylene magnetic tracer tape shall be buried 12 to 18 inches below ground and shall be above and parallel to buried nonferrous, plastic and reinforced thermosetting resin pipe lines. Where pipeline is partially exposed, bury magnetic tracer tape to one side of pipe. This tape is not required if pipe is completely above existing grade.

3.04 TESTING

15‐175 15065‐15

A. GENERAL: Testing of HDPE piping shall be as specified in this Section.

3.05 PROTECTION

A. JOINT FUSION AND INSTALLATION: Rollers shall be used during joining and installation to protect pipe and appurtenances.

B. Follow manufacturer’s recommendations for minimum bending radius, span, and support at all times and in all situations.

END OF SECTION

10‐1141‐020 15065 Supplement‐i March 16, 2010 Rockinghorse Lane Drainage Improvements Conformed Set

Attachment 1 – Portland Area Temperature Data

CITY OF LAKE OSWEGO

Erosion Prevention and Sediment Control Permit Application

* Payment of erosion control permit fee is required at issuance of building permit.

General Contractor

Name:

Building Permit Application No.:

Address: Parcel I.D. No.:

City, State, Zip: Subdivision Name:

Phone: Excavation Contractor

Name:

Site Address:

Address: Location from Nearest Intersection:

City, State, Zip: Feet

Phone: Job Site (circle one): Private Public Owner/Applicant

Name:

Total area of soil disturbance, including grading:

Address: Square Feet

City, State, Zip: Existing & Proposed Site Runoff Drains (circle

Phone: one): Ditch Pipe Creek Catchbasin

Email Address: Other: 24-Hour Emergency Contact

Name:

Soil Disposal:

Phone: Disposal Location Address:

Email Address:

Estimated Amount: Cubic Feet Erosion Control measures MUST BE IN PLACE prior to any stripping, grading or excavation work. An initial inspection must be scheduled the day that work begins on site, and again before any concrete footings are poured. To schedule these inspections call 1-888-299-2821 or at www.buildingpermits.oregon.gov. The owner/applicant/permitee agrees to comply with the “Erosion Prevention and Sediment Control Planning and Design Manual” (revised December 2008) and all local, state and federal water quality requirements, and properly install and maintain all measures as indicated on the approved plan and attachments. Additionally, the site address will be clearly visible from the street.

“The permit or approval granted hereby, or any inspections conducted on the site hereafter, shall not be construed as authorizing any activity in violation of any applicable federal or state law or regulation, including but not limited to the federal Endangered Species Act and its regulations.”

Owner/Applicant Signature Date H:\FORMS\Permit Application Forms\Erosion Prevention and Sediment Control Permit.doc / revised April 9, 2013

Basic Erosion Prevention and Sediment Control on residential construction sites

Similar to construction plans, the Erosion and Sediment Control plan must include enough information to enable temporary measures to be properly installed and maintained throughout the project‐‐‐not just the day of the inspection. The plan needs to provide contractors and subcontractors with specific information on when, where and how to install and maintain all BMPs. BMP’s includes erosion prevention measures and construction practices; sediment control measures; and pollution control measures. BMPs need to fully protect the following: all disturbed soils; staging/parking areas; waste/garbage storage areas; stockpiled soils; construction entrances; all sensitive areas, swales, tree groves, etc.; and all stormwater discharge locations such as ditches, storm drain inlets, and swales. These areas must be addressed on the plan and will be inspected during all inspections.

The “Erosion Prevention and Sediment Control” plan must be designed specifically for each construction site, and needs to include the three basic measures: erosion prevention measures; sediment control measures; and pollution control measures. The designer needs to consider construction practices; allow space for large equipment to maneuver; where delivery trucks and forms trailers will park; time of year/anticipated weather; size of project; soil types; topography; on and off‐site stormwater collection; and nearby or onsite seasonal or year‐round water features.

At the construction site, the inspector is required to inspect the following areas. The inspector cannot approve the inspection if each area is not properly protected.

All disturbed soils

Staging areas and waste storage (garbage containers, leakproof washout for concrete, etc.)

Stockpiles and backfill material

Construction entrances

Sensitive Areas: wetlands, tree groves, protected trees

Discharge locations: ditches, swales, catch basins

Please use the information below to assist with preparing a plan that addresses temporary erosion and sediment control on the construction site throughout the project.

Basic Erosion and Sediment Control measures for residential lots:

Area of disturbance: show all areas to be graded, cleared, landscaped, or otherwise disturbed during the scope of the project and the erosion/sediment control measures that are to be used for these areas. All measures except storm water BMPs must be located within the property lines of the property being developed.

Show existing and proposed contours (every 2’‐ 5’ grade change). Show BMPs installed to protect steep slopes, especially when comprised of exposed soils.

Location and type of required perimeter protection. Perimeter protection options include sediment fencing; straw fiber wattles; tackified compost berms; or clean gravel berms. Existing fences do not constitute erosion or sediment control. Perimeter protection, with limited exception, needs to extend around the perimeter of the lot. Basic rule: if equipment can cross the property line or if grading occurs along a property line, perimeter protection should be installed.

Location of staging/storage for materials and stockpiles, realistically scaled. Note: stockpiles must be covered with plastic sheeting unless actively being worked; staging/parking areas must be rocked with 1 ½” clean rock, 4”‐6” in depth.

Location of all required erosion prevention measures. These include (but are not limited to) ground covers such as mulch, straw, clean rock, etc; protection of existing vegetation; secured plastic sheeting; tackified slurry sprays; etc.

Location of all required sediment control measures. These include sediment fencing; straw wattles; catch basin inserts; compost berms; preservation of existing vegetation; wheel washes; etc.

Location of required clean gravel construction entrance (should match proposed driveway area). 1 1/2” minimum clean rock, 4”‐6” deep, is required for construction entrances. On unimproved roads, gravel shoulders must be upgraded with 1 ½” clean rock to support crew parking. NOTE: Flag lots or sites with long driveways or motorcourts will require extended construction entrances.

Location of required leak‐proof garbage containers and leak‐proof pans for all concrete wash‐out/mortar slurry with notation: use of pans and containers is required. The pans must remain on site throughout the project for paint rinse water, mortar and tile saw slurries, drywall compounds, etc. Ground dumping of concrete and mortar washout is prohibited. There are no exceptions to dumping liquid wastes. All garbage, litter, debris must be collected and contained at the end of each work day.

Location of onsite storm water infiltrator or swale, if applicable. Include note: swales must be protected from all construction activity. Use fencing or similar barrier as needed.

Location of nearest storm water catch basins on nearby streets. Non‐woven catch basin inserts are required to be installed in these basins. Biobags are no longer permitted for this use.

Location of nearby stormwater facilities (swales, drainage ditches, etc.) with appropriate BMPs to protect from silt/sediment during construction. All swale locations must be protected (fencing, boulders, etc.) during construction to prevent damage to the soils during construction.

Notes indicating Lake Oswego Wet Weather Season requirements (October 1 through May 31); the “Additional Erosion & Sediment Control Notes” (copies available upon request).

Notes indicating when and how soils will be permanently stabilized at the end of the project (landscaping, ground cover, etc.).

Anticipated construction schedule—the proposed plan should reflect measures that work with the construction schedule.

Name and phone number of contact person responsible for installation and maintenance of erosion and sediment control measures.

If you are unfamiliar with the basic principles of erosion prevention and sediment control, please consider the services of a private contractor for design, installation, and maintenance. It is the permit holder’s responsibility to maintain a working knowledge of current requirements and for ensuring all utility installers, contractors and subcontractors on the construction site adhere to the requirements. Contractors are responsible for reading all approved plans, permits, and attached notes, memos and details prior to starting any project. This may be the single best way to stay familiar with current regulations and requirements. Additional information is available at: http://www.clackamas.us/wes/designmanual.html, the link for the regionally adopted Erosion Prevention and Sediment Control manual. The Department of Environmental Quality has also produced a manual which provides a basic understanding of the principles at: http://www.deq.state.or.us/wq/stormwater/docs/escmanual/manual.pdf. The City of Lake Oswego has several informational flyers and forms that provide information that applies to most sites. updated May 9, 2013. Please replace all earlier versions with this current version.

PRECAST RING EXTENSION FOR

TYPICAL MANHOLE

GENERAL PLAN OF

CHANNEL INTERSECTION

TYPICAL MANHOLE 6" TO 21" PIPE

Notes: 1) All precast sections shall conform to the requirements of

ASTM-C-478. All poured in place concrete shall have a 28 day strength

of 3,000 p.s.i. and 2" to 4" slump. 2) Material: 3/4" D. structural steel

conforming to ASTM A-36 and galvanized in conformance to ASTM

A-123, for steps, or poly-propylene covered

1

2

" steel conforming to

ASTM C-478. 3) Poured conc. base round or square at contractors

option. 4) Finish grade of manhole shall be a minimum of 6" and

maximum of 12" above finish ground line outside street area.

Cones

may be

concentric

23" Min.

Kelok

joint or

rubber

O-ring

Std. frame & cover

when in street & bolt

down cover outside

street areas

Grout

3' 0" Min.

C-478-6IT

reinforced

conc. T & G

Galv. steel steps 8" X

12" wide, 2" drop,

imbedded 3" on 12"

centers (typical)

6"

Pipe D.

12"

Slope 1" per ft.

6"

All precast bases shall have a 6" extended base.

See city std. dwg. no. WW-1.02A.

Grout

Grout smooth finish on

joint with non-shrink

grout - typ. all joints

48"

Precast

cone

Precast 4"

conc. ring

2'-1" plus

or minus

Varies as req'd by

Engineer (max. 8")

C

L

Provide std. rubber ring joint within 1'-6" of

outside face of manhole wall

1

2

i.d.

C

L

C

L

C

L

Precast

conc.

Manhole

24" Max.

Scale:Date:

Checked:

Design:Drawn:

Update:

Redrawn:

Date/Update:

Update Check:

Redesigned:City of Lake OswegoEngineering Division

Guy Graham, P.E. Public Works DirectorCity Engineer

DB

N.T.S.

6/13/00

KBK

__

2/16/12

__

MS/GD

STANDARD MANHOLE

DETAILS

MS/GD

C

L

6"

DK

DRAWING NUMBER:WW1-02

Scale:Date:

Checked:

Design:Drawn:

Update:

Redrawn:

Date/Update:Update Check:



DB

N.T.S.

6/17/98

KBK

__

8/20/12

__

JRB

48" EXTENDED PRECAST

MANHOLE BASE

JRB

DK

DRAWING NUMBER:WW1-02A

Note: all

details as per

ASTM C-478.

Note: all

details as per

ASTM C-478.

RUBBER GASKET MANHOLE

KEYLOCK MANHOLE

Hole size and

placement as

required

2 ea. #4 x 16"

mats reinforcing mesh or bars

0.12 in. /L.F.

Hole size and

placement as

required

5" 48" 5"

6"

8"

6"

8"

6"

6"

6"

6"

3"

3"

Scale:Date:

Check:Design:Drawn:

Update:

Redrawn:

Date/Update:

Update Check:


USA

DB

N.T.S.

6/17/983/26/12

KBK


DK

GD/MS

10

3

4

"

12"

1

1

8

"

3

3

8

"

1

1

4

"

Note: manhole steps must be tight

and firmly embedded. They must

also meet the ASTM test for

withstanding pulling out.

5

3

4

"

12"

3

3

8

" for plastic

safety step

Copolymer

polypropylene plastic

1

2

" grade 60

reinforcement

#6

3

4

"

galvanized

bar

9

1

8

"

13 cc.

8

5

8

"

6"

12"

4" for

galv. step

MATERIALS:

Galvanized: #6 (3/4" dia.) galvanized deformed reinforcing bar. Reinforcing

bar conforming with ASTM A-615 grade 60. Galvanized conforming with ASTM

A-123

Plastic: must conform with ASTM C-478. Steel reinforcing bar minimum 1/2"

grade 60. Meeting requirements of ASTM A615 encapsulated with injection

molded copolymer polypropylene with serrated surfaces.

MANHOLE STEP

(From CWS DRAWING NO. 11-ST)

DRAWING NUMBER:WW1-10