CONTRACT DOCUMENTS AND BID FORM. FPL Remediation and Redevelopment PROJECT IDENTIFICATION:

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1 CONTRACT DOCUMENTS AND BID FORM PROJECT IDENTIFICATION: THIS BID IS SUBMITTED TO: MANDATORY PRE-BID CONFERENCE: FPL Remediation and Redevelopment City of Biddeford c/o Brian Phinney Environmental Codes Officer 205 Main Street P.O. Box 586 Biddeford, Maine Thursday, July 9, 2015, 1:00 PM FPL Site Laconia & York Street, Biddeford, Maine QUESTIONS DUE: BID DUE DATE: Thursday, July 16, 2015, 4:00 PM (electronic submittal via is preferable) Thursday, July 27, 2015, 4:00 PM (electronic submittal via is preferable at ESTIMATED NOTICE TO PROCEED: Monday, August 11, 2015 CONTRACT SUBSTANTIAL COMPLETION DATE: CONTRACT FINAL COMPLETION DATE: Monday, November 30, 2015 Monday, December 14, 2015 Initiation to Bid: The City of Biddeford (City) is accepting Bids from qualified firms or individuals for the remediation and redevelopment of the FPL site located off Laconia & York Streets in Biddeford, Maine, (the Site) in accordance with these Contract Documents. Bid Form -1

2 Summary of Work: The project involves the redevelopment of a parcel of land formerly owned by FPL energy into a park including an overlook seating area. The work will include site grading, management of soil material impacted with arsenic and polycyclic aromatic hydrocarbons (PAHs) for encapsulation on this property, installation of storm drain infrastructure, installation of site amenities including salvaged granite block seating and overlook, concrete stairway, site railings and other miscellaneous improvements as indicated on the drawings and specifications. The Site is subject to the requirements of an EPA Brownfields Cleanup Grant (including Davis Bacon Act compliance) and a Maine DEP Voluntary Response Action Program (VRAP) No Action Assurance Letter. The following conditions apply to this Bid Form: INSTRUCTIONS TO BIDDERS AND BID CONDITIONS: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract agreement with the City to perform and furnish all Work as specified or indicated in these Contract Documents for the Bid Price indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Technical Specifications and Design Plans are included in Attachments 1 and 2, respectively. 2. This Bid will remain subject to acceptance for thirty (30) days after Bid opening. 3. In submitting this Bid, Bidder represents that: a. Bidder has examined and carefully studied the Contract Documents and the following Addenda, receipt of all of which is hereby acknowledged: Date Number b. Bidder has visited the Site, and become familiar with and is satisfied as to the locale, and all site conditions that may affect cost, progress, performance, or furnishing of the Work. 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 obtained and carefully studied (or assumes responsibility for having done so) all such examinations, investigations, explorations, tests, studies and data concerning Bid Form -2

3 conditions 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 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. f. Bidder has given City written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by City 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. g. 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 or City s Environmental Professional. h. The estimated notice to proceed date is August 11, Bidder acknowledges that Bidder has capacity and capabilities to start work and substantially complete the project scope by November 30, Contractor Qualification Requirements and Experience Statement: Bidder is required to meet the following minimum criteria and submit the following information attached to this Bid in order for Bid to be considered for this Contract. Bidder certifies that it has completed three (3) similar projects within the last six (6) years. Bidder to provide a project narrative of three (3) projects that demonstrate experience; and is to include the following information: Name of Project, A Summary of the Work Completed, the Total Cost of the Work Completed by the Bidder, discussion of if the project was completed on a timely basis and for the original contract amount, as well as a reference for the project owner or owner representative (name, company, phone and ). BIDS THAT DO NOT MEET THESE ABOVE MINIMUM REQUIREMENTS FOR THE APPROPRIATE TASK WILL BE CONSIDERED NONRESPONSIVE. Bid Form -3

4 5. The Contractor certifies that it shall not sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts without written consent of the City. Any subcontracts, or transfer of Contract, shall not relieve the Contractor of liability under the Contract. 6. Following submission of Bid and prior to Award of Contract, the selected Bidder shall submit Performance Bond, and Payment Bond as well as a detailed Scope and Sequence of Work, Project Schedule, and Schedule of Values fully describing the proposed project sequencing, methods, and associated timing. 7. Bidder shall submit proof of insurance prior to receiving Notice to Proceed. City will require of the Selected Contractor proof of insurance and appropriate insurance/licensure/certification of any of the Contractor s subcontractors prior to those subcontractor performing work on the project. 8. Bidder will complete the Base Work for the Proposed Base Bid Contract Price being the amount of each Item below. In the case of a discrepancy, the unit cost entered for the unit in the Base Bid will govern. In the event of discrepancies, unit prices expressed in words shall govern over unit prices expressed in figures; and unit prices shall govern over extended totals. Bid Form -4

5 BID ITEM # SPECIFICATION DESCRIPTION, AND UNIT PRICE (in words) UNIT OF MEASURE QUANTITY UNIT PRICE (in figures) TOTAL (in figures) 1 Site Remediation & Redevelopment Multiple Total Lump Sum Cost for providing Site remediation and redevelopment, complete, as described in and required by the Contract Documents, at Dollars per Unit. Unit 1 2 Offsite Special Waste Soil Transport and Disposal Unit Price Cost for providing loading, handling, transportation and proper disposal of any excess Special Waste soil (assume 60 tons) as approved and directed by the City s Environmental Professional, as described in and required by the Contract Documents, at Dollars per Unit. Ton 60 TOTAL BID - BASE BID The Sum of (in words): CONTRACTOR TO SUBMIT WITH BID A BID BOND OR CERTIFIED CHECK IN AMOUNT NOT LESS THAN FIVE PERCENT (5%) OF THE BID. THE SUCCESSFUL CONTRACTOR WILL BE REQUIRED TO POST A 100% PERFORMANCE BOND AND A 100% PAYMENT BOND WITHIN TEN (10) DAYS OF NOTICE TO PROCEED PLEASE SUBMIT A LIST OF LIKELY SUBCONTRACTORS AND THEIR ROLES WITH THIS BID PLEASE SUBMIT WITH THIS BID A LIST OF SIMILAR PROJECTS IN ACCORDANCE WITH SECTION 4 ABOVE Bid Form -5

6 9. Utilities: Any required water, electrical, or other services to be provided by Contractor at no additional cost to the City. 10. Federal Bidding Requirements: The project is being funded through a U.S. Environmental Protection Agency (EPA) Brownfields Cleanup grant. Therefore, all work is subject to Federal contracting requirements including compliance with the Davis Bacon Act. The Federal contracting requirements and required wage rates are outlined in SECTION REQUIRED CONTRACT PROVISIONS FOR FEDERALLY ASSISTED PROJECTS in Attachment 1 of these Contract Documents. 11. Sampling and Waste Characterization: Any soil or other waste sampling to be conducted as part of the project is to be performed in accordance with the Site Specific Quality Assurance Project Plan (SSQAPP) included as Attachment 3 of these Contract Documents. This includes the required use of the specified laboratories. 12. Work Incidental to the Contract: The following work is required but is considered incidental to the Contract and shall not be compensated for: a. Compliance with Required Federal Contract Provisions b. Development of Scope and Sequence of Work, Project Schedule, and Schedule of Values c. Project Meetings, Communications, Management, and Administration d. Mobilization/Demobilization e. Temporary Facilities (if needed) f. Special Waste Soil Relocation to Adjacent Elevated Platform Parcel, as necessary g. Submittals h. Clean Up i. Project Closeout 13. Measurement and Payment a. For single unit items, the Contractor will be paid on the basis of actual work accepted until the work item is completed. Partial payment will be based on the accepted percentage complete according to the Contractor provided Schedule of Values. b. For unit price items, the Contractor will be paid for the actual amount of work accepted and for the actual amount of materials in place during the period of construction and at the contract unit price for each such unit. Transport and disposal items at unit prices will be paid at the actual amount/tonnage/volume disposed, as recorded on signed and certified weight slips from disposal facility. No variation in the contract unit price is allowed. Upon completion of the construction and before final payment is made, the City s Environmental Professional will make final measurements to determine the quantities of the various items of work accepted as the basis for final payment. Bid Form -6

7 c. All units of measurement shall be standard United States convention as applied to the specific items of work by tradition and as interpreted by the City s Environmental Professional. d. Payments to the Contractor will be made for the actual quantities of the contract items performed and accepted in accordance with the Contract Documents. Upon completion of construction, if these actual quantities show either an increase or decrease from the quantities given in the Bid, the contract unit prices will still prevail, except as provided hereinafter. e. The Contractor shall accept full payment in compensation, as herein provided, for furnishing all materials, labor, tools, equipment, and incidentals necessary for the successful completion of work embraced by this Contract. f. No extra payment shall be made to the Contractor for any delays caused by lack of progress, defective workmanship, or rescheduling of work by Contractor or their subcontractors, equipment, or material suppliers. g. No additional payment will be allowed because of differences between field dimensions and those shown on the Drawings should work be conducted before notifying Engineer of these differences. h. Additional costs caused by ill-timed or defective work, or work not conforming to Contract Documents, including costs for additional services of City s Environmental Professional shall be paid for by the Contractor. i. Work done on written instructions of the City or the City s Environmental Professional outside of the scope of these Contract Documents, other than defective or non-conforming work, shall be paid for by the City based on an agreed upon fee. j. Final Payment i) The Contractor may make an application for final payment following the procedure for progress payments only after all corrections identified during the final inspection have been completed and has delivered all required documents, in accordance with the Contract Documents. ii) The final application for payment shall be accompanied by: 1) all documentation called for in the Contract Documents, 2) complete and legally effective releases or waivers (satisfactory to City s Environmental Professional) of all Lien rights arising out of or Liens filed in connection with the Work. 14. The Contract will be awarded by the City to the lowest responsive responsible bidder. 15. The City reserves the right to accept or reject any or all Bids if determined to be in the best interests of the City. Bid Form -7

8 16. Communications concerning this Bid shall be addressed in writing to: CONTRACTOR CONTACT Contact Name: Contractor: Address: Telephone No Questions regarding the terms used in this Bid, Contract requirements, or other requirements in the Contract Documents shall be directed in writing ( is preferable) to the City at: Brian Phinney Environmental Codes Officer City of Biddeford SUBMITTED on, 20 State Contractor License No. IF Bidder is: An Individual By Title: Doing business as Business address: (Signature of Person Authorized to Sign) (SEAL) Phone No. Bid Form -8

9 A Partnership By General Partner: Business address (Firm Name) (Signature of Person Authorized to Sign) (SEAL) Phone No. A Corporation By (Corporation Name) (SEAL) State of Incorporation: By Title: (Signature of Person Authorized to Sign) (SEAL) Attest Business address: (Secretary) Phone No. Bid Form -9

10 A Joint Venture By Business Address: (Signature of Person Authorized to Sign) (SEAL) Phone No. By Business Address: (Signature of Person Authorized to Sign) (SEAL) Phone No. (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.) Bid Form -10

11 ATTACHMENT 1 TECHNICAL SPECIFICATIONS Bid Form -11

12 ATTACHMENT 1 TECHNICAL SPECIFICATION TABLE OF CONTENTS SECTION TITLE DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Bid Bond Agreement Performance Bond Payment Bond General Conditions Supplementary Conditions Notice of Award Notice to Proceed Required Contract Provisions for Federally Assisted Projects Contractor's Affidavit Contractor's Release Certificate of Substantial Completion Waiver of Lien - Materials and Labor Work Change Directive Change Order Application for Payment DIVISION 1 - GENERAL REQUIREMENTS Summary of Work Coordination Abbreviations & Symbols Project Meetings Construction Schedules Submittals Schedule of Values Construction Photographs Quality Control Dust Control Project Cleaning Project Record Documents DIVISION 2 - SITE WORK Demolition Earthwork Handling of Impacted Material and Special Waste Soils Filter Fabric 12847B

13 TABLE OF CONTENTS (CONT.) SECTION TITLE Temporary Erosion Control Riprap and Stone Ditch Protection Catch Basin Grates and Frames Site Furnishings Landscaping Perforated Plastic Pipe DIVISION 3 - CONCRETE Cast-In-Place Concrete DIVISION 5 - METALS Metal Fabrications DIVISION 9 FINISHES Painting END OF SECTION 12847B

14 PENAL SUM FORM SECTION BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER Bidder s Name and Corporate Seal (Seal) SURETY Surety s Name and Corporate Seal (Seal) By: Signature By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of A

15 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder s and Surety s liability. Recovery of such penal sum under the terms of this Bond shall be Owner s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from 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 C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of A

16 SECTION AGREEMENT THIS AGREEMENT is by and between The City of Biddeford ( Owner ) and Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ( Contractor ). ARTICLE 1 WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project involves the redevelopment a parcel of land formerly owned by FPL energy into a park including amphitheater seating and concrete plaza areas. The work will include site grading, management of soil material impacted with arsenic and polycyclic aromatic hydrocarbons (PAHs) for encapsulation on this property, installation of storm drain infrastructure, installation of site amenities including granite seatwall and amphitheater seating, concrete stairway, concrete plaza areas, site railings and other miscellaneous improvements as indicated on the drawings and specifications. The Site is subject to the requirements of an EPA Brownfields Cleanup Grant (including Davis Bacon Act compliance) and a Maine DEP Voluntary Response Action Program (VRAP) No Action Assurance Letter. ARTICLE 2 THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Biddeford Maine, FPL Remediation and Redevelopment ARTICLE 3 ENGINEER 3.01 The Project has been designed by Credere Associates LLC (Environmental Engineer) and Wright-Pierce (Civil Engineer), who is to act as Owner s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed by November 30, 2015 as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph of the General Conditions by December 14, EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 6

17 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $250 for each day that expires after the time specified in Paragraph 4.02 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 Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $250 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01A. A. For all Work, at the prices stated in Contractor s Bid, attached hereto as an exhibit. ARTICLE 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor s Applications for Payment on or about the 30 th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided 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: 6.03 Final Payment 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 may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph of the General Conditions: a. 95 percent of Work completed (with the balance being retainage); and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 1. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph B.5 of the General Conditions. No interest wil be paid to the Contractor on retainage funds. Retainage will be released on successful completion of the Correction Period. A. Upon final completion and acceptance of the Work in accordance with Paragraph of the General Conditions and the Supplementary Conditions, Owner shall pay the remainder of the Contract Price as EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 6

18 recommended by the Engineer and as provided in Paragraph of the General Conditions, less any sum Owner is entitled to set off against Engineer s recommendation, including but not limited to liquidated damages. ARTICLE 7 INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum legal rate. ARTICLE 8 CONTRACTOR S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or 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 has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for 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 Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. 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. I. Contractor 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 6

19 ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to, inclusive). 2. Performance bond (pages to, inclusive). 3. Payment bond (pages to, inclusive). 4. Other bonds (pages to, inclusive). a. (pages to, inclusive). b. (pages to, inclusive). c. (pages to, inclusive). 5. General Conditions (pages to, inclusive). 6. Supplementary Conditions (pages to, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of sheets with each sheet bearing the following general title:. 9. Addenda (numbers to, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor s Bid (pages to, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to, inclusive). c The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to, inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 6

20 ARTICLE 10 MISCELLANEOUS Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 6

21 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in four copies. One counterpart each has been delivered to Owner, Contractor, Engineer, and Agency. All portions of the Contract Documents have been signed, initialed, or identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement is dated. OWNER: CONTRACTOR CITY OF BIDDEFORD By: Title: By: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Title: Address for giving notices: Attest: Title: Address for giving notices: Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Funding Agency Edition Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 6

22 SECTION PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title EJCDC C-610 Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1

23 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC C-610 Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2

24 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC C-610 Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3

25 SECTION PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Title Attest: Signature Attest: Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1

26 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, have furnished a written notice of nonpayment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant s obligation to furnish a written notice of non-payment under Paragraph When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2

27 one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. includes any individual or entity that has rightfully asserted a claim under an applicable mechanic s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of labor, materials, or equipment that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor s subcontractors, and all other items for which a mechanic s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also EJCDC C-615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3

28 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

29 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA (703) American Council of Engineering Companies th Street N.W., Washington, DC (202) American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA (800) Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA (703) The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

30 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1 Definitions and Terminology Defined Terms Terminology... 5 Article 2 Preliminary Matters Delivery of Bonds and Evidence of Insurance Copies of Documents Commencement of Contract Times; Notice to Proceed Starting the Work Before Starting Construction Preconstruction Conference; Designation of Authorized Representatives Initial Acceptance of Schedules... 7 Article 3 Contract Documents: Intent, Amending, Reuse Intent Reference Standards Reporting and Resolving Discrepancies Amending and Supplementing Contract Documents Reuse of Documents Electronic Data Article 4 Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points Availability of Lands Subsurface and Physical Conditions Differing Subsurface or Physical Conditions Underground Facilities Reference Points Hazardous Environmental Condition at Site Article 5 Bonds and Insurance Performance, Payment, and Other Bonds Licensed Sureties and Insurers Certificates of Insurance Contractor s Insurance Owner s Liability Insurance Property Insurance Waiver of Rights Page EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i

31 5.08 Receipt and Application of Insurance Proceeds Acceptance of Bonds and Insurance; Option to Replace Partial Utilization, Acknowledgment of Property Insurer Article 6 Contractor s Responsibilities Supervision and Superintendence Labor; Working Hours Services, Materials, and Equipment Progress Schedule Substitutes and Or-Equals Concerning Subcontractors, Suppliers, and Others Patent Fees and Royalties Permits Laws and Regulations Taxes Use of Site and Other Areas Record Documents Safety and Protection Safety Representative Hazard Communication Programs Emergencies Shop Drawings and Samples Continuing the Work Contractor s General Warranty and Guarantee Indemnification Delegation of Professional Design Services Article 7 Other Work at the Site Related Work at Site Coordination Legal Relationships Article 8 Owner s Responsibilities Communications to Contractor Replacement of Engineer Furnish Data Pay When Due Lands and Easements; Reports and Tests Insurance Change Orders Inspections, Tests, and Approvals Limitations on Owner s Responsibilities Undisclosed Hazardous Environmental Condition Evidence of Financial Arrangements Compliance with Safety Program EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii

32 Article 9 Engineer s Status During Construction Owner s Representative Visits to Site Project Representative Authorized Variations in Work Rejecting Defective Work Shop Drawings, Change Orders and Payments Determinations for Unit Price Work Decisions on Requirements of Contract Documents and Acceptability of Work Limitations on Engineer s Authority and Responsibilities Compliance with Safety Program Article 10 Changes in the Work; Claims Authorized Changes in the Work Unauthorized Changes in the Work Execution of Change Orders Notification to Surety Claims Article 11 Cost of the Work; Allowances; Unit Price Work Cost of the Work Allowances Unit Price Work Article 12 Change of Contract Price; Change of Contract Times Change of Contract Price Change of Contract Times Delays Article 13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work Notice of Defects Access to Work Tests and Inspections Uncovering Work Owner May Stop the Work Correction or Removal of Defective Work Correction Period Acceptance of Defective Work Owner May Correct Defective Work Article 14 Payments to Contractor and Completion Schedule of Values Progress Payments Contractor s Warranty of Title Substantial Completion Partial Utilization Final Inspection EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii

33 14.07 Final Payment Final Completion Delayed Waiver of Claims Article 15 Suspension of Work and Termination Owner May Suspend Work Owner May Terminate for Cause Owner May Terminate For Convenience Contractor May Stop Work or Terminate Article 16 Dispute Resolution Methods and Procedures Article 17 Miscellaneous Giving Notice Computation of Times Cumulative Remedies Survival of Obligations Controlling Law Headings EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv

34 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 63

35 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 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 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) complete 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 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 effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 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. 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. 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, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 63

36 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 completion 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 Contract 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 conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous 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 nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 63

37 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. Successful Bidder The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. 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. 49. Unit Price Work Work to be paid for on the basis of unit prices. 50. 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 63

38 1.02 Terminology construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. 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. A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms as allowed, as approved, as ordered, as directed or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives reasonable, suitable, acceptable, proper, satisfactory, or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of 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 Documents; or EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 63

39 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 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 provide 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 Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. 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 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 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 Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 63

40 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 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 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 subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 63

41 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor s full responsibility therefor. 2. Contractor s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to 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 Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated 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 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 Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 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 employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 63

42 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents 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 discovers, or has actual knowledge of, 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 (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the 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, or code, or the instruction of any Supplier (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 violation of such Law or Regulation) 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 63

43 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 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 63

44 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 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 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions, or information. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 63

45 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 connection 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 63

46 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor s making such final commitment; or 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 However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 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 Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all 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 Underground 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 63

47 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 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 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 63

48 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 revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. 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 written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or 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 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 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, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 63

49 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 consequences 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, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition 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 list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 63

50 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 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor s liability under the indemnities granted to Owner in the Contract Documents Contractor s Insurance A. Contractor shall purchase and maintain such 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; EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 63

51 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 sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. 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, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 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 contractual liability insurance covering Contractor s indemnity obligations under Paragraphs 6.11 and 6.20; 4. 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); 5. 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 63

52 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter Owner s Liability Insurance 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 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 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, members, 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 a loss payee; 2. be written on a Builder s Risk all-risk policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 63

53 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown 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, members, 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 a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 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 Supplementary 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 coverage 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 this 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 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 Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 63

54 Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 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, members, partners, employees, agents, consultants and subcontractors of each and any of them 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 loss payees, 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 replaced, 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 63

55 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 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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 63

56 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 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 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 adjustments will comply with any provisions of the General Requirements 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 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 circumstances described below. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 63

57 1. Or-Equal Items: If in Engineer s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an or-equal item, in which case review and approval of the proposed item may, in Engineer s sole discretion, be accomplished without compliance with some or all of the requirements for 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; and 3) it has a proven record of performance and availability of responsive service. 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 if 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 by 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: EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 63

58 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 prejudice Contractor s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection 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; and 4) shall contain an itemized estimate 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 Procedures: 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 a Change Order in the case of a substitute and 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 63

59 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 so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor s Expense: Contractor shall provide all data in support of any proposed substitute or or-equal at Contractor s expense Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, 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 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 required by Laws and Regulations. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 63

60 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 performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee 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, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 63

61 C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work Laws and Regulations 6.10 Taxes 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 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 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 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 63

62 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, 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, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any 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 completion 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 63

63 Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 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 Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify 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. Contractor shall comply with the applicable requirements of Owner s safety programs, if any. The Supplementary Conditions identify any Owner s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor s safety program with which Owner s and Engineer s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 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 Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor s duties and responsibilities for safety and 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 63

64 Contractor in accordance with Paragraph B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 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 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted 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, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 63

65 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: a. 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; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor s obligations under the Contract Documents with respect to Contractor s review 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 requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings 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 Documents. 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 63

66 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 corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals 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 or as Owner and Contractor may otherwise agree in writing Contractor s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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 maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 63

67 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 acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 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, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 63

68 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 through 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 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, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 63

69 required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. 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 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 Conditions: 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 responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination 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 wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor s wrongful action or inactions. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 63

70 ARTICLE 8 OWNER S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer 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 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs C and C Lands and Easements; Reports and Tests A. Owner s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 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 relating to existing surface or subsurface structures at the Site Insurance A. Owner s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph Inspections, Tests, and Approvals A. Owner s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph B 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 63

71 with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor s failure to perform the Work in accordance with the Contract Documents Undisclosed Hazardous Environmental Condition A. Owner s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner s obligations under the Contract Documents Compliance with Safety Program A. While at the Site, Owner s employees and representatives shall comply with the specific applicable requirements of Contractor s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. 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 responsibilities and the limitations of authority of Engineer as Owner s representative during construction are set forth in the Contract Documents Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer s visits and observations are subject to all the limitations on Engineer s authority and responsibility set forth in Paragraph 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 63

72 incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work 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 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 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 Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or 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 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 Shop Drawings, Change Orders and Payments A. In connection with Engineer s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 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 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 63

73 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 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 believes 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 The date of Engineer s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 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 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 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 responsible for Contractor s failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 63

74 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 A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any Compliance with Safety Program A. While at the Site, Engineer s employees and representatives shall comply with the specific applicable requirements of Contractor s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 CHANGES IN THE WORK; CLAIMS 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 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 D Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 63

75 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph A, (ii) required because of acceptance of defective Work under Paragraph 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 Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A Notification to Surety Claims A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 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 B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 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). EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 63

76 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 C or denial pursuant to Paragraphs C.3 or 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 ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 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 not include any of the costs itemized in Paragraph B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers compensation, health and retirement benefits, bonuses, sick leave, 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 63

77 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor s Cost of the Work and fee shall be determined in the same manner as Contractor s Cost of the Work and fee as provided in this Paragraph Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 63

78 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, express and courier services, 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 managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph A.1 or specifically covered by Paragraph 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 A. 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 C. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 63

79 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs A and 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 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 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 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 63

80 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to 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 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 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 application 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 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 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 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 A.1 and A.2, the Contractor s fee shall be 15 percent; EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 63

81 b. for costs incurred under Paragraph 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 Paragraphs C.2.a and C.2.b 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 A.1 and 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 Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs A.4, A.5, and 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 C.2.a through C.2.e, inclusive Change of Contract Times Delays 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 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. 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 63

82 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 C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor s safety procedures and programs so that they may comply therewith as applicable 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: EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 63

83 1. for inspections, tests, or approvals covered by Paragraphs C and D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph B shall be paid as provided in Paragraph C; and 3. as otherwise specifically provided in the Contract 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, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 63

84 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 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 Correction or Removal of Defective Work A. Promptly after receipt of written 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 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 63

85 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 removed 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 replacement 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 are in addition to any other obligation or warranty. The provisions of this Paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose 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 for 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 recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, 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 If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner 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 A, or if Contractor fails to perform the Work in accordance with the EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 63

86 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 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 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 ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values A. The Schedule of Values established as provided 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 63

87 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 of the executed Work as an experienced and qualified design professional, and on Engineer s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor s being entitled to such payment appear to have been fulfilled in so far as it is Engineer s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 63

88 b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer s review of Contractor s Work for the purposes of recommending payments nor Engineer s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor s failure to comply with Laws and Regulations applicable to Contractor s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the 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 representations to Owner stated in Paragraph 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 replacement; 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 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 D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 63

89 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 furnishing 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 occurrence of any of the events enumerated in Paragraphs B.5.a through B.5.c or Paragraph 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 remedies the reasons for such action. 3. Upon a subsequent determination that Owner s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph C.1 and subject to interest as provided in the Agreement 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 63

90 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 Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, 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 recommendation 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 remove its property and complete or correct items on the tentative list 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 conditions: 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, Owner, and Engineer will follow the procedures of Paragraph A through D 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 substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 63

91 that part of the Work to be substantially complete, the provisions of Paragraph 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 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 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, 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.6; 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 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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 63

92 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 Application 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 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 documentation, 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 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 63

93 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 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 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 repeated 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 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 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 EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 63

94 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 B and 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 B and C 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. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 63

95 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 B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph are not intended to preclude Contractor from making a Claim under Paragraph for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor s stopping the Work as permitted by this Paragraph. ARTICLE 16 DISPUTE RESOLUTION Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 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 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 C or a denial pursuant to Paragraphs C.3 or 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 the intent to submit the Claim to a court of competent jurisdiction. EJCDC C-700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 63

96 ARTICLE 17 MISCELLANEOUS 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 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 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract 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 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located 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 OF THE CONSTRUCTION CONTRACT Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 63

97 SECTION SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract Funding Agency Edition, EJCDC C-700 (2007 Edition), hereinafter called the General Conditions, 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. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. Contents of Supplementary Conditions Section No. Section Title Page No. SC-1 to SC-17 Amendments to General Conditions SC-36 Equal Opportunity Clause SC-36-1 SC-38 Executive Order SC-38-1 SC-1 DEFINITIONS The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Additional Definitions include the following: ENGINEER: Credere Associates, LLC of Westbrook, ME OWNER S ENVIRONMENTAL PROFESSIONAL: Credere Associates, LLC SC-1.01.A.3. APPLICATION FOR PAYMENT Add the following language to the end of Paragraph 1.01.A.3: The Application for Payment form to be used on this Project is EJCDC No. C-620 or similar approved format. SC-1.01.A.9. CHANGE ORDER 12847B

98 SUPPLEMENTARY CONDITIONS Add the following language to the end of Paragraph 1.01.A.10: The Change Order form to be used on this Project is EJCDC No. C-941. SC-1.01.A.19. ENGINEER Add the following language to the end of Paragraph 1.01.A.19: The Engineer s Consultants on this Project are as follows: Wright-Pierce of Topsham, ME SC-1.01 A.29 OWNER Add the following to the end of paragraph 1.29 of the General Conditions: Owner is referred to as Grantee in certain sections of these Contract Documents. Owner and Grantee are one and the same. SC-1.01 A.52 NON-RESIDENT CONTRACTOR Add a new paragraph immediately after paragraph 1.01.A.52 of the General Conditions, which is to read as follows: 52. Non-Resident Contractor - a. A person who is not a resident in the State where the proposed construction is to be located, or b. Any partnership that has no member thereof resident in the State where the proposed construction is to be located. c. Any corporation established under laws other than those of the State in which the proposed construction is located. SC-1.02.D DEFECTIVE Insert the following language as paragraph 1.02 D.1.d: d. or fails to provide the level of service for which it was intended B

99 SUPPLEMENTARY CONDITIONS SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE Add a new paragraph immediately after paragraph 2.01.B of the General Conditions, which is to read as follows: C. Non-Resident Contractor: The Contractor, if a corporation established under laws other than the State in which the proposed construction is located, shall file with the Owner, notice of the name of its resident attorney, appointed as required by the laws of the State in which the proposed construction is located. The Contractor, if a resident of a State other than that in which the proposed construction is located and not a corporation, shall file, at the time of execution of the Agreement, with the Owner a written appointment of a resident of the State in which the construction is located, having an office or place of business therein, to be his true and lawful attorney upon whom all lawful processes in any actions or proceedings against him may be served; and in such writing, which shall set forth said attorney's place of residence, shall agree that any lawful process against him which is served on said attorney shall be of the same legal force and validity as if served on him and that the authority shall continue in force so long as any liability remains outstanding against him in said State. The power of attorney shall be filed in the office of the Secretary of State if required, and copies certified by the Secretary shall be sufficient evidence thereof. Such appointment shall continue in force until revoked by an instrument in writing, designating in a like manner some other person upon whom such processes may be served, which instrument shall be filed in the manner provided herein for the original appointment. SC-2.02 COPIES OF DOCUMENTS Delete Paragraph 2.02.A in its entirety and insert the following in its place: A. Owner shall furnish to Contractor one set in electronic pdf format. Owner will not provide any printed or hard copies of the Drawings and Project Manual and. SC-2.05 BEFORE STARTING CONSTRUCTION Add the following as paragraph 2.05.B: B. The value of mobilization shall not exceed 2.5 percent of the contract price. SC-3.01 INTENT Add a new paragraph immediately after Paragraph 3.01 C of the General Conditions which is to read as follows: D. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion B

100 SUPPLEMENTARY CONDITIONS SC-4.02, SC-4.03 and SC-4.04 SUBSURFACE AND PHYSICAL CONDITIONS; DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS; UNDERGROUND FACILITIES Delete Paragraphs 4.02.A and 4.02.B in their entirety and insert the following: A. No reports or explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to the Owner or Engineer. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE Add the following new paragraphs immediately after Paragraph 4.06.A: 1. In the preparation of Drawings and Specifications, Engineer relied upon the following reports of Hazardous Environmental Conditions at the Site: A. Phase I Environmental Site Assessment for the City of Biddeford by Ransom Consultants, Inc. dated October 31, 2011 B. Sampling Letter Report prepared the Maine Department of Environmental Protection by AMEC Environment & Infrastructure, Inc. dated July 26, 2012 C. Community Relations Plan prepared for the City of Biddeford by Credere Associates, LLC dated March 10, 2015 D. Analysis of Brownfields Cleanup Alternatives (ABCA) prepared for the City of Biddeford by Credere Associates, LLC dated March 10, 2015 E. Site-Specific Quality Assurance Project Plan (SSQAPP) prepared fort he City of Biddeford by Credere Associates, LLC dated March 10, Copies of reports and drawings itemized in SC-4.06.A.1 that are not included with Bidding Documents may be examined at City of Biddeford Environmental Code Office during regular business hours. These reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer in the preparation of the Drawings and Specifications. SC-5.03 CERTIFICATES OF INSURANCE Add the following new paragraph immediately after Paragraph 5.03.B: 12847B

101 SUPPLEMENTARY CONDITIONS C. Failure of the Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of the Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor s obligation to maintain such insurance. SC-5.04 CONTRACTOR s LIABILITY INSURANCE Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers Compensation, and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoremen s) Statutory c. Employer s Liability {$ 500,000} 2. Contractor s General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages: a. General Aggregate {$ 2,000,000} b. Products - Completed Operations Aggregate {$ 1,000,000} c. Personal and Advertising Injury {$ 1,000,000} d. Each Occurrence (Bodily Injury and Property Damage) {$ 1,000,000} e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate {$ 5,000,000} 2) Each Occurrence {$ 5,000,000} 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person {$ 1,000,000} Each Accident {$ 1,000,000} b. Property Damage: Each Accident {$ 1,000,000} c. Combined Single Limit of {$ 1,000,000} 12847B

102 SUPPLEMENTARY CONDITIONS 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person {$ 2,000,000} Each Accident {$ 2,000,000} b. Property Damage: Each Accident {$ 2,000,000} Annual Aggregate {$ 2,000,000} 5. The OWNER (CITY OF BIDDEFORD), ENGINEER (CREDERE ASSOCIATES LLC), and CIVIL ENGINEER (WRIGHT-PIERCE), shall be listed as additionally insured. SC-6.02 LABOR; WORKING HOURS Add the following sentence to the end of paragraph 6.02.B of the General Conditions. "Regular working hours shall be 7 a.m. to 7 p.m., Monday through Friday." SC-6.05 SUBSTITUTES AND OR-EQUALS Amend paragraph SC-6.05.C. by making two subparagraphs under the paragraph titled "Engineer s Evaluation". The existing paragraph text is re-titled, 6.05.C.2 "After Effective Date of Agreement". Add new paragraph 6.05.C.1. to read as follows: 1. During Bidding. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or or-equal materials and equipment as defined in paragraph 6.05 of the General Conditions, or those substitute materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or or-equal item. Request for Engineer s clarification of materials and equipment considered or-equal prior to the Effective Date of the Agreement must be received by the Engineer at least 5 days prior to the date for receipt of Bids. No item of material or equipment will be considered by Engineer as a substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS Add the following sentences at the end of paragraph 6.06.B: 12847B

103 SUPPLEMENTARY CONDITIONS "The Contractor shall deliver to the Engineer and Owner, for review and acceptance, a listing of the Subcontractors, Suppliers or entities for the work listed below: 1. Concrete Installation Add the following paragraph immediately after paragraph 6.06.C.2: 3. Owner or Engineer may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor, Supplier, or other individual or entity. Add a new paragraph immediately after Paragraph 6.06.G: H. The Contractor shall not award work valued at more than fifty (50%) percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. SC-6.08 PERMITS Add the following paragraph immediately after paragraph 6.08.A: B. The following permits/approvals have been or will be obtained by the Owner. Copies of the permits are or will be on file at the Owner's Offices. It is the responsibility of the Contractor to be familiar with the applicable provisions of each permit as they apply to the work: 1. Saco River Corridor Commission approved April 22, Natural Resource Protection Act, Permit by Rule, application submitted week of June 22, 2015 SC-6.10 TAXES Add a new paragraph immediately after Paragraph 6.10.A: B. Owner is exempt from payment of sales and compensating use taxes of the State on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. SC-7.04 CLAIMS BETWEEN CONTRACTORS 12847B

104 SUPPLEMENTARY CONDITIONS A. Should Contractor cause damage to the work or property of any separate contractor at the Site, or should any claim arising out of Contractor s performance of the Work at the Site be made by any separate contractor against Contractor, Owner, Engineer, Engineer s Consultants, or the construction coordinator, Contractor shall promptly attempt to settle with such separate contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, Engineer s Consultants, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against Owner, Engineer, Engineer s Consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor s performance of the Work. Should a separate contractor cause damage to the Work or property of Contractor or should the performance of work by any separate contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, Engineer s Consultants, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, Engineer s Consultants or the construction coordinator on account of any such damage or Claim. C. If Contractor is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor s exclusive remedy with respect to Owner, Engineer, Engineer s Consultants, and construction coordinator for any delay, disruption, interference, or hindrance caused by any separate contractor. This paragraph does not prevent recovery from Owner, Engineer, Engineer s Consultant, or construction coordinator for activities that are their respective responsibilities. SC-9.03 PROJECT REPRESENTATION Add the following language at the end of paragraph 9.03.A: Resident Project Representative is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of Engineer B

105 SUPPLEMENTARY CONDITIONS 1 Duties and Responsibilities of Resident Project Representative: 1.1 Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 1.2 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 1.3 Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents; and assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 1.4 Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. c. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been reviewed by Engineer. 1.5 Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever Resident Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of Work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 1.6 Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer B

106 SUPPLEMENTARY CONDITIONS 1.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with recommendations to Engineer. Transmit to the Contractor decisions as issued by Engineer. 1.8 Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. keep a diary or log book recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, address and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. 1.9 Reports: a. Furnish Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to Engineer and Owner upon the occurrence of any accident Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Conduct final inspection in the company of Engineer, Owner and Contractor and prepare a final list of items to be completed or corrected B

107 SUPPLEMENTARY CONDITIONS c. Observe that all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 2 Limitations of Authority of the Resident Project Representative: 2.1 Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. 2.2 Shall not exceed limitations of Engineer's authority as set forth in the Contract Documents. 2.3 Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 2.4 Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 2.5 Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 2.6 Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 2.7 Shall not authorize Owner to occupy the Project in whole or in part. 2.8 Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. SC CASH ALLOWANCES Delete paragraphs A and B, of the General Conditions in their entirety. SC PROGRESS PAYMENTS Add the following sentence at the end of paragraph A.3: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage, or invest the retainage for the benefit of the Contractor. Delete Paragraph C.1 in its entirety and insert the following in its place: 1. The Application for Payment with Engineer s recommendations will be presented to the Owner for consideration. If the Owner find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph D will become due twenty days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. END OF SECTION 12847B

108 SC-36-1 SECTION SC-36 EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase 12847B

109 SC-36-2 order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. END OF SECTION 12847B

110 SC-38-1 SECTION SC-38 EXECUTIVE ORDER PART 1 - GENERAL 1.1 DESCRIPTION A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941. d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the CONTRACTOR, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these 12847B

111 SC-38-2 EXECUTIVE ORDER specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the CONTRACTOR is participating (pursuant to 41 CFR ) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The CONTRACTOR is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement, to refer either minorities or women shall excuse the CONTRACTOR's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR 12847B

112 SC-38-3 EXECUTIVE ORDER must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The CONTRACTOR shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the CONTRACTOR's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coersion at all sites, and in all facilities at which the CONTRACTOR's employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the CONTRACTOR's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. d. Provide immediate written notification to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR's efforts to meet its obligations B

113 SC-38-4 EXECUTIVE ORDER e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR's employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the CONTRACTOR's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and, by posting the company's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h. Disseminate the CONTRACTOR's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing the CONTRACTOR's EEO policy with other Contractors and Subcontractors with whom the CONTRACTOR does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process B

114 SC-38-5 EXECUTIVE ORDER j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the 12847B

115 SC-38-6 EXECUTIVE ORDER effectiveness of actions taken on behalf of the CONTRACTOR. The obligation to comply, however, is the CONTRACTOR's and failure of such a group to fulfill an obligation shall not be a defense for the CONTRACTOR's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally, the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order The CONTRACTOR shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The CONTRACTOR, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provision hereof as may be required by the Government and to keep records. Records shall at least 12847B

116 SC-38-7 EXECUTIVE ORDER include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). END OF SECTION 12847B

117 SECTION NOTICE OF AWARD Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] You are notified that your Bid dated Successful Bidder and are awarded a Contract for for the above Contract has been considered. You are the [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars ($ ). [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Copy to Engineer Title EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of A

118 SECTION NOTICE TO PROCEED Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is, and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is, and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. Contractor Given by: Authorized Signature Owner Given by: Authorized Signature Title Title Date Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of A

119 SECTION REQUIRED CONTRACT PROVISIONS FOR FEDERALLY ASSISTED PROJECTS PART 1 General 1.01 This project is being funded by a federal Brownfields funds. As a result, all work must comply with the various contract provisions for federally funded projects including the U.S. Environmental Protection Agency (EPA) and the Davis-Bacon Act (DBA). Attachment 00830A contains Davis Bacon minimum wage rates to be used for this project. The Contractor shall also conform to the Terms and Conditions set forth as stated below DAVIS BACON TERMS AND CONDITIONS A. CONTRACT AND SUBCONTRACT PROVISIONS (1) Minimum wages. (i) All laborers, operators, and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the applicable wage determination of the Secretary of Labor (see Attachment 00830A), regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (ii)(a) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The EPA Award Official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

120 (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Owner and Engineer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Engineer to the EPA Award Official. The Award Official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the award official or will notify the award official within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Owner do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the Award Official within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program

121 (1) Withholding. The Owner, upon written request of the Award Official or an authorized representative of the Department of Labor, shall withhold or cause to withhold from the Contractor under this Contract or any other Federal contract with the same Prime Contractor, or any other federally-assisted Contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Contract, EPA may, after written notice to the Contractor, or Owner take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Engineer who will maintain the records on behalf of EPA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at or its successor site. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full

122 social security number and current address of each covered worker, and shall provide them upon request to the Engineer for transmission to the EPA, if requested by EPA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Owner. (B) Each payroll submitted to the Owner shall be accompanied by a Statement of Compliance, signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 5.5 (a)(3)(ii) of Regulations, 29 CFR Part 5, the appropriate information is being maintained under 5.5 (a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph (2)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (2)(i) of this section available for inspection, copying, or transcription by authorized representatives of the EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, EPA may, after written notice to the Contractor, Owner, sponsor, or applicant, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR

123 (3) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,

124 trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (4) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (5) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in this term and condition. (6) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR (7) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (8) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors), the Owner and EPA, the U.S. Department of Labor, or the employees or their representatives. (9) Certification of eligibility

125 (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C B. CONTRACT PROVISIONS FOR CONTRACTS IN EXCESS OF $100,000 (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Owner, upon written request of the Award Official or an authorized representative of the Department of Labor, shall withhold or cause to withhold from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Federal contract with the same Prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be

126 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. END OF SECTION Attachment 00830A: Davis Bacon Act Minimum Wage Rates

127 ATTACHMENT 00830A DAVIS BACON MINIMUM WAGE RATES P:\ Biddeford Brownfields\Work\FPL\Engineering\Specs - Final\00830 Required Contract Provisions for Federally Assisted Projects docx

128 General Decision Number: ME /02/2015 ME21 Superseded General Decision Number: ME State: Maine Construction Type: Heavy County: York County in Maine. HEAVY CONSTRUCTION PROJECTS including Water and Sewer Lines Note: Executive Order (EO) establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at

129 Modification Number Publication Date 0 01/02/2015 ELEC /01/2013 Rates Fringes ELECTRICIAN...$ * ENGI /01/2014 Rates Fringes OPERATOR: Excavator (Excluding Water and Sewer Lines)...$ LABO /01/2013 Rates Fringes LABORER: Concrete Worker (removing forms, demolition and removal of concrete, pouring and leveling of

130 concrete)...$ SUME /16/2011 Rates Fringes CARPENTER, Includes Form Work...$ CONCRETE FINISHER...$ IRONWORKER, Reinforcing...$ LABORER: Asphalt Raker...$ LABORER: Common or General, Including Pipelaying...$ LABORER: Landscape...$ LABORER: Flagger...$ LABORER: Wheelman...$ OPERATOR: Asphalt Paver...$

131 OPERATOR: Asphalt Roller...$ OPERATOR: Backhoe...$ OPERATOR: Bulldozer...$ OPERATOR: Crane...$ OPERATOR: Drill...$ OPERATOR: Loader...$ OPERATOR: Mechanic...$ OPERATOR: Roller...$ TRUCK DRIVER: Low Bed Truck...$ TRUCK DRIVER...$ WATER & SEWER LINES: Operator - Excavator...$ WELDERS - Receive rate prescribed for craft performing

132 operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers

133 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all

134 rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

135 A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial

136 contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage

137 payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

138 SECTION CONTRACTOR'S AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned, a in and for said County and State personally appeared, authorized representative of corporate contractor) (Notary Public, Justice of Peace, Alderman) (Individual, Partner or duly who being duly sworn according to law deposes and says that the cost of all the Work, and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract between (Owner) and (Contractor) of dated (Agreement Date) for the construction of the (Project) appurtenant installations have been paid in full. and necessary (Individual, Partner, or duly authorized representative of corporate contractor) Sworn to and subscribed before me this day of, 20, END OF SECTION 13122A

139 SECTION CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that (Contractor) of, County of and State of do hereby acknowledge that has this day had, and received of (Contractor) and from the sum of One Dollar and other valuable considerations in (Owner) full and complete satisfaction and payment of all sums of money owed, payable and belonging to (Contractor) Agreement between dated (Agreement Date) (Owner) for by any means whatsoever, for on account of a Contract and (Project) (Contractor) NOW, THEREFORE, the said (Contractor) (for myself, my heirs, executors and administrators) (for itself, its successors and assigns) do/does, by these presents remise, release, quit-claim and forever discharge (Owner), of and from all claims and demands, arising from or in connection with the said contract dated (Agreement Date), and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise, against its successors and assigns, which (I, (owner) my heirs, executors, or administrators) (it, its successors and assigns) ever had, now have or which (I, my heirs, executors, or administrators) (it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter, cause, or thing whatsoever; from the beginning of recorded time to the date of these presents A

140 CONTRACTOR'S RELEASE IN WITNESS WHEREOF, (Contractor) has caused these presents to be duly executed this day of 20 Signed, Sealed and Delivered in the presence of: (Individual -Contractor) (seal) By (Partner) (Partnership - Contractor) (seal) (seal) Attested: (Corporation) (Secretary) By (President or Vice President) (Corp. Seal) END OF SECTION 13122A

141 SECTION CERTIFICATE OF SUBSTANTIAL COMPLETION Project: Owner: Contract: Owner's Contract No.: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of A

142 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of A

143 SECTION WAIVER OF LIEN - MATERIALS AND LABOR STATE OF COUNTY OF TO WHOM IT MAY CONCERN: WHEREAS, the undersigned have been employed by to furnish labor and materials for the project known as. NOW THEREFORE, KNOW YE, THAT WE, the undersigned, for good and valuable considerations do hereby waive and release any and all lien or right of lien on said above project and premises under the Law, in relation to Mechanics' Liens Law, on account of labor and materials, or both, furnished by the undersigned to or on account of the said contract for the said project and premises only so far as that portion of work which has been included in our requisition dated and all prior requisitions. THIS WAIVER AND RELEASE is being made to the undersigned in the amount of $ which sum the undersigned certifies to be the balance due the undersigned for all labor, materials or both, furnished by the undersigned to or on account of the said contract as included on his requisition dated. GIVEN UNDER hand and seal, the day of, 20. By: END OF SECTION 13122A

144 Date of Issuance: SECTION WORK CHANGE DIRECTIVE Effective Date: No. Project: Owner: Owner's Contract No.: Contract: Contractor: Date of Contract: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Authorized for Owner by: Received for Contractor by: Received by Funding Agency (if applicable): Date Date Date Date: EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of A

145 SECTION CHANGE ORDER No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Contractor: Date of Contract: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments (list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Working Calendar days days Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial completion (days): $ Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ Ready for final payment (days or date): Contract Price incorporating this Change Contract Times with all approved Change Orders: Order: Substantial completion (days or date): $ Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Date: Date: Date: Signature) Approved by Funding Agency (if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of A

146 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of A

147 SECTION APPLICATION FOR PAYMENT (The remainder of this page was left blank intentionally) EJCDC No. C-620 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

148 Contractor s Application For Payment No. Application Period: Application Date: To (Owner): From (Contractor): Via (Engineer) Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: APPLICATION FOR PAYMENT Change Order Summary Approved Change Orders 1. ORIGINAL CONTRACT PRICE... $ Number Additions Deductions 2. Net change by Change Orders... $ TOTALS NET CHANGE BY CHANGE ORDERS 3. CURRENT CONTRACT PRICE (Line 1 ± 2)... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate)... $ 5. RETAINAGE: a. % x $ Work Completed... $ b. % x $ Stored Material... $ c. Total Retainage (Line 5a + Line 5b)... $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c)... $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)... $ 8. AMOUNT DUE THIS APPLICATION... $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above)... $ CONTRACTOR S CERTIFICATION The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Payment of: $ (Line 8 or other - attach explanation of other amount) is recommended by: (Engineer) Payment of: $ (Line 8 or other - attach explanation of other amount) (Date) is approved by: (Owner) (Date) By: Date: Approved by: Funding Agency (if applicable) (Date) EJCDC No. C-620 (2002 Edition) Page 1 of 3 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

149 Progress Estimate Contractor s Application For (contract): Application Period: Application Number: Application Date: Specification Section No. Description A B Work Completed E F G Item C D Total Completed % Balance to Scheduled From Previous This Period Materials Presently and Stored to Date (F) Finish Value Application (C + D) Stored (not in C or D) (C + D + E) B (B - F) Totals EJCDC No. C-620 (2002 Edition) Page 2 of 3 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

150 Progress Estimate Contractor s Application For (contract): Application Number: Application Period: Application Date: A B C D E F G Bid Item No. Description Item Bid Quantity Unit Price Bid Value Estimated Quantity Installed Value Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) % (F) B Balance to Finish (B - F) Totals EJCDC No. C-620 (2002 Edition) Page 2a of 3 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

151 Stored Material Summary Contractor's Application For (contract): Application Period: Application Number: Application Date: A B C D E F G Shop Drawing Stored Previously Stored this Month Incorporated in Work Invoice No. Transmittal No. Materials Description Date Amount Amount Date Amount Materials Remaining in (Month/Year) ($) ($) Subtotal (Month/Year) ($) Storage ($) (D + E - F) Totals EJCDC No. C-620 (2002 Edition) Page 3 of 3 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

152 SECTION SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION A. Location: Work under this contract will be located on property owned by the City of Biddeford and located off Laconia and York Streets in Biddeford, Maine. 1. The project involves the redevelopment of a parcel of land formerly owned by FPL energy into a park including an overlook seating area. The work will include site grading, management of soil material impacted with arsenic and polycyclic aromatic hydrocarbons (PAHs) for encapsulation on this property, installation of storm drain infrastructure, installation of site amenities including salvaged granite block seating and overlook, concrete stairway, site railings and other miscellaneous improvements as indicated on the drawings and specifications. The Site is subject to the requirements of an EPA Brownfields Cleanup Grant (including Davis Bacon Act compliance) and a Maine DEP Voluntary Response Action Program (VRAP) No Action Assurance Letter. B. Removals, Relocations and Rearrangements 1. Examine the existing site for the work of all trades which will influence the cost of the work under the bid. This work shall include removals, relocations, disposals, and rearrangements which may interfere with, disturb or complicate the performance of the work under the bid involving systems, equipment and related service lines, which shall continue to be utilized as part of the finished project. The Contractor is responsible for all coordination in this regard. 2. Provide in the bid a sufficient amount to include all removals, relocations, disposals, rearrangements and reconnections herein specified, necessary or required to provide approved operation and coordination of the combined new and existing systems and equipment. 3. Except where noted on the plans, all existing private utility lines shall remain in service. In areas of new utility installation, the Contractor shall locate the expected location of existing private utilities to verify location and depth via test pits. 1.2 SITE ACCESS AND MATERIAL STORAGE A. The primary access for construction activities shall be along the paved driveway between the buildings labeled as the Mill at Saco Falls and Pepperell Center/Building 12. This paved driveway is accessed off Laconia Street and York Street. B. The Contractor shall familiarize themselves with details of access points and access limitations including overhead height limitations, driveway widths and grades. C. A secondary access to the site for construction activities is located along the paved driveway between buildings labels as North Dam Mill/Building 15 and North Dam Mill/Building 35. Use of this for construction access will be restricted and require coordination with property owner and City of Biddeford B

153 SUMMARY OF WORK 1.3 MAINTENANCE OF UTILITIES DURING CONSTRUCTION A. The Contractor shall be required to coordinate with the City of Biddeford, Biddeford Fire Department, North Dam Mill/Mills at Pepperell, Mill at Saco Falls, and Engineer prior to taking any utilities out of service or redirecting flows during the construction period. 1.4 DETOURS AND ROAD ACCESSIBILITY A. The Contractor shall contact the responsible heads of the Fire, Police, Highway and other appropriate governing bodies of the municipality in order to obtain necessary permits and determine the requirements of said departments with respect to traffic control, alternate vehicular access routes, etc. Wherever detours are permitted the size, construction and location of signs shall conform with local and state requirements and/or standards. Detour routes shall be adequately posted to assist the motorist to return to his route of travel. Where the roadway under construction is the only means of vehicular access to a particular area, the Contractor shall provide continual access to the area for residents and emergency vehicles. B. The Contractor is responsible for providing flaggers/police and maintaining twoway traffic during construction. C. The Contractor is responsible for maintaining traffic flow in and out of area businesses and residences when working in the vicinity of driveways and main entrances. Prior notification to area businesses and residents shall be made if work may restrict access of normal traffic flow during construction. Contractor shall provide flaggers to maintain access to existing businesses and direct vehicles into parking areas. 1.5 CHANGE IN AMOUNT OF WORK A. The Owner reserves the right to increase or decrease the amount of any item of the work listed as may be found desirable or necessary during the carrying out of this contract and the unit prices quoted in the Proposal shall apply without change to such variation in the quantity of each of the Items. 1.6 SEQUENCE OF CONSTRUCTION A. The Contractor shall ensure that no excavation be left open, unguarded, or water filled during any period of time when work is not actually in progress. It is the purpose and intent that all excavations and backfill, reconstruction and/or utility work temporary surfacing and pavements within an area be accomplished expeditiously before proceeding to other work areas. Construction scheduling and methods will be discussed at the pre-construction conference. B. The Owner reserves the right to schedule the Contractor to construct at any locations within the project area. At the same time the Owner may order the suspension of construction at any location. C. The Contractor shall pay special attention to the schedule and number of construction days as specified. If the Contractor exceeds the number of 12847B

154 SUMMARY OF WORK construction days, he shall pay liquidated damages and incur all additional expenses. 1.7 VISIT TO THE SITE A. Before submitting a Bid, the Contractor shall visit the project site, examine their conditions and thoroughly acquaint himself with the conditions for performing the work. He shall also study the drawings and compare the same with the information gathered during his examination of the sites, as no extra compensation will be authorized for extra work caused by his unfamiliarity with the sites and/or drawings or the conditions peculiar to this job. 1.8 DISPOSAL OF EXCESS MATERIAL A. All surplus material, removed from the excavations shall be characterized for offsite disposal in accordance with the Maine Department of Environmental Protection (DEP) and Environmental Protection Agency (EPA) approved Site Specific Quality Assurance Project Plan prepared by Credere for the project. The Contractor is responsible for the disposal fees incurred for the deposition of all waste, unsuitable and hazardous materials from the work performed. 1.9 TECHNICAL SPECIFICATIONS A. All technical specifications such as ASTM, AWWA, AASHTO, etc, referred to in these specifications refer to the latest revision of such technical specifications SPECIAL CONDITIONS A. The Contractor is advised that protection of the existing utilities in the vicinity of the project, and the assurance of uninterrupted service during the contract period is of the essence. B. In the event that blasting or other operations undertaken by the Contractor under this contract result in damages to infrastructure, all necessary repairs to water piping, valves, hydrants, fittings, cables, sewer mains, etc., shall be done by the Contractor. The Contractor shall provide, at no extra cost to the Owner, all necessary materials, equipment and labor necessary to satisfactorily excavate backfill, repair, etc., in conjunction with such repair work. Contractor shall be responsible for temporary services, if required. C. The location and size for some of the existing utility poles, fencing, sewers, drains, culverts, water mains, gas mains, cables, service pipes, etc., shown on the plans, were obtained from the results of aerial images, surveys and existing records and are shown as approximately only, to guide the Contractor in the preparation of his bid. The location and depth of existing utilities will be determined by the various utility companies by marking them out upon the ground and by experimental excavations by the Contractor prior to and as the work progresses. The plans do not show the exact location and depth of all utilities, nor do they show all utilities that may be encountered. Many of the utilities in the project area are private utilities B

155 SUMMARY OF WORK D. Prior to commencing excavation work, the Contractor shall notify Dig-Safe ( ) to have all existing public and private utility lines and underground structures marked out. E. The Contractor is encouraged to use local subcontractors and suppliers to the extent practicable in undertaking the work PERMITS, FEES AND BONDS A. The Contractor shall obtain and comply with all required permits, pay all fees and provide all bonds necessary to complete the work as specified. B. The Contractor shall be required to obtain any permit for proposed electrical system modifications and installations. The Contractor shall not be financially responsible for the permit fee EXISTING UTILITIES AND STRUCTURES A. The location and size of some existing underground facilities such as sewers, drains, culverts, water mains, gas mains, cables, service pipes, etc., are shown on the plans, based on results of surveys and existing records, and are shown as approximate only. The plans do not show the exact location and depth of all utilities, nor do they show all utilities that may be encountered. B. The Contractor shall assume that there are existing underground utility connections to each and every building or structure along the line of work, whether they appear on the drawings or not. The Contractor shall notify the proper utility companies and obtain and preserve the locations as marked for all existing gas, electric and other utilities that may be encountered along the line of work, until such time as such markings are no longer required TWENTY-FOUR (24) HOUR EMERGENCY SERVICE A. The Contractor shall maintain a 24-hour, 7-day a week telephone service and a local facility to handle emergency requirements such as settled trenches, clogged drains, rain damage, etc. The Contractor's emergency personnel shall be able to respond to emergency calls within thirty minutes. A list of the personnel and their telephone numbers shall be submitted to the Owner, Public Works and Engineering Departments and to the local Police and Fire Departments. This requirement shall apply during the entire length of the project. B. This list shall be submitted on the Contractor's letterhead and shall state that should an emergency arise during the implementation of this project, these people are to be contacted. The Contractor shall submit this letter at the Pre-Construction Conference. PART 2 - PRODUCTS Not Applicable. PART 3 - EXECUTION 3.1 DESCRIPTION 12847B

156 SUMMARY OF WORK A. As specified in the respective sections of the specifications. PART 4 - SCHEDULE 4.1 LIMITATIONS A. All construction activities will be prohibited on Saturdays, Sundays, legal holidays and weekdays, before 7:00 AM, and after 7:00 PM except during emergencies as defined in the General Conditions and unless Owner has specifically granted permission in writing. END OF SECTION 12847B

157 SECTION COORDINATION PART 1 - GENERAL 1.1 DESCRIPTION A. Contractor is required to work in close proximity to the Owner's existing facilities. The Contractor, under this Contract, will be responsible for coordinating construction activities with Owner to ensure that services, facilities, and safe working conditions are maintained. B. Other Construction Contractors will be interfacing with this Contract and working within the work area and in the vicinity of this Contract. The Contractor, under this contract, shall act as Construction Coordinator and shall coordinate construction activities with other Contractors working for Owner. C. Any damage to existing structures, equipment and property, accepted equipment or structures, and property or work in progress by others; as a result of the Contractor's or his subcontractor's operations shall be made good by the Contractor at no additional cost to the Owner. 1.2 CONSTRUCTION COORDINATION A. FPL Remediation and Redevelopment work will require coordination and scheduling with other work being performed on the adjacent Elevated Platform owned by the City of Biddeford. The Contractor will be required to coordinate with other contractors regarding timing, placement and equipment access needs. Final paving, rip rap, retaining walls and installation of railings shall be coordinated to provide for a clean finished project matching with the Elevated Platform parcel redevelopment. 1.3 COORDINATION WITH OTHERS A. City of Biddeford 1. Contractor shall coordinate access, egress, detours and traffic control, if required, at each site with the Biddeford Police Department. The Contractor shall notify Biddeford Police, Fire Department and Rescue Squad at least 24 hours in advance of any street closings or detours. 2. Contractor shall coordinate all work on City property with the City of Biddeford. 3. The Contractor shall be responsible for coordinating and maintaining public services to all public and private properties. B. Biddeford-Saco Water District (BSWD) 1. Contractor shall be responsible for coordinating all work in the vicinity of water lines with the BSWD. Contractor shall bear all costs for the BSWD's inspection requirements, temporary facilities, water main adjustments and other requirements. C. Central Maine Power Company (CMP): 12847B

158 COORDINATION 1. The Contractor shall be responsible for coordinating all work around CMP facilities with CMP and shall bear all costs of inspection requirements, temporary facilities relocation and other requirements. D. Verizon/Fairpoint/GWI: 1. The Contractor shall also be responsible for coordinating all work around telephone and fiber optic facilities with utility companies and shall bear all costs of inspection requirements, temporary facilities relocation and all other requirements. E. Unitil: 1. The Contractor shall also be responsible for coordinating all work around Unitil facilities with Unitil and shall bear all costs of inspection requirements, temporary facilities relocation and all other requirements. F. Residents & Businesses: 1. Contractor shall coordinate all work on or within existing private property prior to commencement of installation. Advanced notice of mobilization shall be made as part of project scheduling and at any schedule updates during the construction period. Final notification and coordination shall be made a minimum of one (1) week prior to work. 2. Contractor shall familiarize themselves with construction easements for all work on private property. G. North Dam Mill, Mills at Pepperell, and Mill at Saco Falls: 1. Contractor shall coordinate access to the work area, staging of his equipment and materials with the Owners of the North Dam Mill, the Mills at Pepperell, and the Mill at Saco Falls. 2. Contractor shall coordinate all temporary utility removals and relocations that are owned by the North Dam Mill, the Mills at Pepperell, and the Mill at Saco Falls. I. Resident Project Representative: 1. The Contractor shall provide the Resident Project Representative a construction schedule indicating the times to perform the work required. The Contractor shall update the schedule when required. The Contractor shall daily communicate with the Resident Project Representative concerning updating the schedule, job progress, delay or early starts that affect the progress of the work. END OF SECTION 12847B

159 SECTION ABBREVIATIONS & SYMBOLS PART 1 - GENERAL 1.1 DESCRIPTION A. Where any of the following abbreviations are used in these Specifications, they shall have the meaning set forth opposite each. AASHTO American Association of State Highway and Transportation Officials AC Alternating Current ACI American Concrete Institute ACP Asbestos Cement Pipe AGA American Gas Association AIC Ampere Interrupting Capacity AGMA American Gear Manufacturers Association AIEE(IEEE) American Institute of Electrical Engineers (Institute of Electrical and Electronics Engineers, Inc.) AISC American Institute of Steel Construction amp Ampere Amer. Std. American Standard for Cast Iron Pipe Flanges and Flanged Fittings, Class l25 (ASA Bl6 ll960) ANSI American National Standards Institute API American Petroleum Institute ASA American Standards Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American or Brown and Sharpe Wire Gage AWWA American Water Works Association BOD Biochemical Oxygen Demand c.f. Cubic Foot c.f.m. Cubic Foot Per Minute c.f.s. Cubic Foot Per Second CI Cast Iron CIPRA Cast Iron Pipe Research Association CSI Construction Specifications Institute c.y. Cubic Yards DC Direct Current DEP Department of Environmental Protection DI Ductile Iron DOT Department of Transportation EDR Equivalent Directional Radiation EPA U.S. Environmental Protection Agency 13122A

160 ABBREVIATIONS & SYMBOLS fps Feet Per Second ft. Feet gal. Gallons gpd Gallons Per Day gpm Gallons Per Minute HP Horsepower IBR Institute of Boiler and Radiator Manufacturers in. Inches inter. Interlock ISA Instrument Society of America kva Kilovolt-ampere kw Kilowatt lb. Pound max. Maximum MCB Master Car Builders MGD Million Gallons Per Day Min. Minimum NBS National Bureau of Standards NEC National Electrical Code, Latest Edition NEMA National Electrical Manufacturers Association NEWWA New England Water Works Association NPT National Pipe Thread OS&Y Outside Screw and Yoke PCA Portland Cement Association ppm Parts Per Million % Percent psi Pounds Per Square Inch psig Pounds Per Square Inch Gage PVC Polyvinyl Chloride rpm Revolutions Per Minute RUS Rural Utility Service s.f. Square Foot STL. W.G. U.S. Steel Wire, Washburn and Moen, American Steel and Wire Cos., or Roebling Gage s.y. Square yard TDH Total Dynamic Head USAS Standards of the United States of America Standards Institute (formerly American Standards Association) USS GAGE United States Standard Gage VC Vitrified Clay WSP Working Steam Pressure Fed. Spec. Federal Specifications issued by the Federal Supply Service of the General Service Administration, Washington, D.C. END OF SECTION 13122A

161 SECTION PROJECT MEETINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: To enable orderly review during progress of the work, and to provide for systematic discussion of problems, the Engineer will conduct project meetings throughout the construction period. B. Related work described elsewhere: The Contractor's relations with his subcontractors and materials suppliers and discussions relative thereto, are the Contractor's responsibility and are not part of project meetings content. 1.2 QUALITY ASSURANCE A. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. 1.3 SUBMITTALS A. Agenda items: To the maximum extent practicable, advise the Engineer at least 24 hours in advance of project meetings regarding all items to be added to the agenda. B. Minutes: The Engineer will compile minutes of each project meeting and will furnish a copy to the Contractor. The Contractor may make and distribute such other copies as he wishes. PART 2 - PRODUCTS (No products are required in this Section.) PART 3 - EXECUTION 3.1 MEETING SCHEDULE A. Except as noted below for Preconstruction Meeting, project meetings will be held monthly. Coordinate as necessary to establish mutually acceptable schedule for meetings. 3.2 MEETING LOCATION A. To the maximum extent practicable, meetings will be held at the job site in the Engineer's field office. 3.3 PRECONSTRUCTION MEETING A. Preconstruction meeting will be scheduled within twenty days after the Effective Date of the Agreement, but before the Contractor starts work at the site. Provide attendance by authorized representatives of the Contractor and all major subcontractors. The Engineer will advise other interested parties and request their attendance A

162 PROJECT MEETINGS B. Minimum agenda: Distribute data on, and discuss: 1. Identification of key project personnel for Owner, Engineer, Contractor, funding/regulatory Agencies. 2. Responsibilities of Owner, Engineer, Resident Project Representative, Contractor. 3. Channels and procedures for communications. 4. Construction schedule, including sequence of critical work. 5. Easements, permits. 6. Contract Documents, including distribution of required copies of original documents and revisions. 7. Processing of Shop Drawings and other data submitted to the Engineer for review. 8. Processing of field decisions and Change Orders. 9. Rules and regulations governing performance of the Work, including funding/regulatory Agency requirements. 10. Procedures for safety and first aid, security, quality control, housekeeping, and other related matters. 3.4 PROJECT MEETINGS A. Attendance: To the maximum extent practicable, assign the same person or persons to represent the Contractor at project meetings throughout progress of the Work. The Superintendent shall attend. Subcontractors, materials suppliers, and others may be invited to attend those project meetings in which their aspects of the Work are involved. B. Minimum agenda: 1. Review, revise as necessary, and approved minutes of previous meeting. 2. Review progress of the Work since last meeting, including status of submittals for approval. 3. Review schedule of work to be accomplished prior to next meeting. 4. Discuss monthly partial payment request. 5. Review status of change order requests and Work Directive Changes. 6. Identify problems which impede planned progress. 7. Develop corrective measures and procedures to regain planned schedule. 8. Complete other current business. END OF SECTION 13122A

163 SECTION CONSTRUCTION SCHEDULES (SHORT FORM) PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: Within ten (10) days after the effective date of the Agreement between Owner and Contractor submit to the Engineer an estimated progress schedule as specified herein. B. Form of Schedules: 1. Narrative: Completely describe the construction methods to be employed. 2. Network Analysis System: a. Provide a separate horizontal schedule line for each trade or operation and show concurrent and preceding activities. b. Present in chronological order the beginning of each trade or operation showing duration and float time. c. Scale: Identify key dates and allow space for updating and revision. 3. Mathematical Analysis: a. A mathematical analysis shall accompany the network diagram. A computer printout will be acceptable. b. Information shall be included on activity numbers, duration, early start, late start, etc. and float times. C. Content of Schedules: 1. Provide complete sequence of construction by activity: a. Shop Drawings, Project Data and Samples: 1) Submittal dates. 2) Dates reviewed copies will be required. b. Decision dates for: 1) Products specified by allowances. 2) Selection of finishes. c. Estimated product procurement and delivery dates. d. Dates for beginning and completion of each element of construction. 2. Identify work of separate phases and logically grouped activities. 3. Show the projected percentage of completion for each item of work as of the first day of each month. 4. Provide separate sub-schedules, if requested by the Engineer, showing submittals, review times, procurement schedules, and delivery dates. D. Updating: 1. Show all changes occurring since previous submission. 2. Indicate progress of each activity, show completion dates. 3. Include: a. Major changes in scope. b. Activities modified since previous updating. c. Revised projections due to changes A

164 CONSTRUCTION SCHEDULES d. Other identifiable changes. 4. Provide narrative report, including: a. Discussion of problem areas, including current and anticipated delay factors. b. Corrective action taken, or proposed. c. Description of revisions that may affect schedules. 1.2 SUBMITTALS A. Submit updated schedules with each progress payment request. B. Submit 4 copies of initial and updated schedules to the Engineer. END OF SECTION 13122A

165 SECTION SUBMITTALS PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Submit to the Engineer, Shop Drawings, Operation and Maintenance Manuals, Manufacturers' Certificates, Project Data, and Samples required by the Specification Sections. B. Related Work Specified Elsewhere: 1. Construction Schedules: Section Project Record Documents: Section General Conditions: Section SHOP DRAWINGS A. Shop Drawings are required for each and every element of the work. Each shop drawing shall be assigned a number consisting of the Specification Section number followed by a dash and then a sequential number beginning with 01 (e.g., ) for purposes of easy identification. Resubmittals shall include an alphabetic suffix after the corresponding sequential number (e.g., A). B. Shop Drawings are generally defined as all fabrication and erection drawings, diagrams, brochures, schedules, bills of material, manufacturers data, spare parts lists, and other data prepared by the Contractor, his subcontractors, suppliers, or manufacturers which illustrate the manufacturer, fabrication, construction, and installation of the work, or a portion thereof. C. The Contractor shall submit to the Engineer a pre-determined number of hardcopies of Shop Drawings and approved data (for Owner's, Engineer's and Field Representative's files), and one electronic Portable Document Format (PDF) transmitted using , File Transfer Protocol (FTP), or approved submittal sharing software. The Engineer shall return one hardcopy and electronic PDF to the Contractor for duplication and distribution to subcontractors, suppliers and manufacturers. All shop drawing comments will be summarized on the Submittal Review Form and must be retained with each submittal hardcopy and electronic PDF. Number of copies, mandatory hardcopy submissions for specific submittals, format, and transmission method will be finalized at Pre-Construction Meeting. D. The Contractor shall provide a completed Submittal Certification Form (copy provided for Contractor's use at the end of this Specification Section) which shall be attached to every hardcopy and electronic PDF of each shop drawing. Shop Drawings shall show the principal dimensions, weight, structural and operating features, space required, clearances, type and/or brand of finish or shop coat, grease fittings, etc., depending on the subject of the drawing. When it is customary to do so, when the dimensions are of particular importance, or when so specified, the drawings shall be certified by the manufacturer or fabricator as correct for the work. E. Shop Drawings shall be submitted as a complete package by specification section, unless otherwise reviewed and approved by the Engineer. It is the intent that all information, materials and samples associated with each specification section be 13122A

166 SUBMITTALS included as a single submittal for the Engineer's review. Any deviation from this requirement, such as submitting miscellaneous metals grouped by structure, shall be requested in writing with an anticipated shop drawing breakdown/schedule prior to any associated submittal. F. The Contractor shall be responsible for the prompt and timely submittal of all shop and working drawings so that there shall be no delay to the work due to the absence of such drawings. G. No material or equipment shall be purchased or fabricated especially for the Contract until the required shop and working drawings have been submitted as hereinabove provided and reviewed for conformance to the Contract requirements. All such materials and equipment and the work involved in their installation or incorporation into the Work shall then be as shown in and represented by said drawings. H. Until the necessary review has been made, the Contractor shall not proceed with any portion of the work (such as the construction of foundations), the design or details of which are dependent upon the design or details of work, materials, equipment or other features for which review is required. I. All shop and working drawings shall be submitted to the Engineer by and/or through the Contractor, who shall be responsible for obtaining shop and working drawings from his subcontractors and returning reviewed drawings to them. Hard copies of shop drawings shall be of standardized sizes to enable the Owner to maintain a permanent record of the submissions. Approved standard sizes shall be: (a) 24 inches by 36 inches; (b) 11 inches by 17 inches, and (c) 11 inches by 8-1/2 inches. Provision shall be made in preparing the shop drawings to provide a binding margin on the left hand side of the sheet. Shop drawings submitted other than as specified herein may be returned for resubmittal without being reviewed. J. Only drawings which have been checked and corrected by the fabricator should be submitted to the Contractor by his subcontractors and vendors. Prior to submitting drawings to the Engineer, the Contractor shall check thoroughly all such drawings to satisfy himself that the subject matter thereof conforms to the Drawings and Specifications in all respects. All drawings which are correct shall be marked with the date, checker's name, and indication of the Contractor's approval, and then shall be submitted to the Engineer. K. If a shop drawing shows any deviation from the Contract requirements, the Contractor shall make specific mention of the deviations in his letter of transmittal. Shop Drawings that contain significant deviations that are not brought to the attention of the Engineer may be subject to rejection. L. Should the Contractor submit equipment that requires modifications to the structures, piping, electrical conduit, wires and appurtenances, layout, etc., detailed on the Drawings, he shall also submit details of the proposed modifications. If such equipment and modifications are accepted, the Contractor, at no additional cost to the Owner, shall do all work necessary to make such modifications. M. A maximum of two submissions of each Shop Drawing will be reviewed, checked, and commented upon without charge to the Contractor. Any additional submissions which are ordered by the Engineer to fulfill the stipulations of the Drawings and Specifications, and which are required by virtue of the Contractor's neglect or 13122A

167 SUBMITTALS failure to comply with the requirements of the Drawings and Specifications, or to make those modifications and/or corrections ordered by the Engineer in the review of the first two submissions of each Shop Drawing, will be reviewed and checked as deemed necessary by the Engineer, and the cost of such review and checking, as determined by the Owner, and based upon Engineer's documentation of time and rates established for additional services in the Owner-Engineer Agreement for this Project, may be deducted from the Contractor to make all modifications and/or corrections as may be required by the Engineer in an accurate, complete, and timely fashion. Resubmittals for the sole purpose of providing written responses to review comments will not be considered a resubmittal counting towards the two submission limit. 1.3 SAMPLES A. The Contractor shall submit samples when requested by the Engineer to establish conformance with the specifications, and as necessary to define color selections available. 1.4 OPERATION AND MAINTENANCE MANUALS A. The Contractor shall furnish the Engineer a predetermined number of hardcopies and 1 electronic PDF of a complete instruction manual for installation, operation and maintenance of each item specified (unless otherwise specified) transmitted using , File Transfer Protocol (FTP), Compact Disc (CD) or approved submittal sharing software. At least 3 months prior to the expected substantial completion date, the Contractor shall submit to the Engineer all manuals in accordance with the requirements specified herein. B. Each manual shall be provided in a stand-alone binder or shall be suitable for insertion into a 3-ring binder. Include the General Contractor's and Manufacturer's representative's contact information on the front cover. O&M manuals must be appropriate for the project and customized for the project. If a Manufacturer's standard O&M manual is included in the submittal, all non-applicable content must be removed or crossed out. C. Manuals shall include operating and maintenance information on all systems and pieces of equipment. The manual shall contain sufficient data to install, operate, maintain, repair and rebuild all components of the equipment, design data specific to the project. Descriptions of operation should include procedures for both normal and emergency operation. All information required by the Operations and Maintenance Manual Certification Form described herein and any additional information deemed necessary by the Owner and Engineer for proper installation, operation and maintenance. Also include model numbers and serial numbers, as well as rated capacities and motor data, where applicable. D. Attached to every hardcopy and electronic PDF of each Operations and Maintenance Manual submitted, the Contractor shall provide a copy of the complete Operations and Maintenance Manual Certification Form (copy provided for the Contractor's use at the end of this Specification Section) signed by both the Contractor and the Manufacturer A

168 SUBMITTALS 1.5 MANUFACTURER'S CERTIFICATES A. Prior to accepting the installation, the Contractor shall submit manufacturer's certificates for each item specified. B. Such manufacturer's certificates shall state that the equipment has been installed under either the continuous or periodic supervision of the manufacturer's authorized representative, that it has been adjusted and initially operated in the presence of the manufacturer's authorized representative, and that it is operating in accordance with the specified requirements, to the manufacturer's satisfaction. All costs for meeting this requirement shall be included in the Contractor's bid price. 1.6 SUBMISSION REQUIREMENTS A. Accompany submittals with transmittal letter, containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. The sequential shop drawing number for each shop drawing, project data and sample submitted shall be: i. Specification Section number followed by a dash and then a sequential number beginning with 01 (e.g., ). ii. Under limited situations when additional different pieces of equipment are submitted under the same specification section, those submittals shall be numbered sequentially (e.g , , , etc.). iii. Resubmittals shall include decimal point and an alphabetic suffix after the corresponding sequential number (e.g., A). iv. O&M submittals shall be numbered with the Specification Section number followed by a dash, the letters OM, another dash, and then a sequential number beginning with 01 (e.g OM-01). Resubmittals of O&Ms shall include an alphabetic suffix after the corresponding sequential number (e.g., OM-01A). 5. Notification of deviations from Contract Documents. 6. Other pertinent data. B. A completed Submittal Certification Form shall be attached to each hardcopy and electronic PDF of each shop drawing and must include: 1. Project name 2. Specification Section and sequential number with alphabet suffix for resubmittal 3. Description 4. Identification of deviations from Contract Documents. 5. Contractor's stamp, initialed or signed, certifying review of the submittal, verification of field measurements and compliance with Contract Documents. 6. Where specified or when requested by the Engineer, manufacturer's certification that equipment, accessories and shop painting meet or exceed the Specification requirements. 7. Where specified, manufacturer's guarantee. C. Requirements for Electronic Submittals: 13122A

169 SUBMITTALS 1. Each individual shop drawing or O&M submittal shall be contained in one PDF. 2. The first page of the PDF shall be the Submittal Certification Form as described above. 3. Subject lines for s transmitting PDF submissions and subsequent correspondence referring to specific submittals shall identify the submittal s Specification Section, sequential number, appropriate alphabet suffix for resubmittals, and a brief description (e.g Electrical General). 3. The electronic PDF shall be exactly as submitted in the hardcopy and shall be transmitted using , File Transfer Protocol (FTP), or approved submittal sharing software. 4. PDF versions of 24x36 drawings shall be converted to 24 x 36 PDFs so as not to lose the clarity of the original drawing. 5. Electronic PDF submittals that are not submitted in accordance with the requirements stated above will not be reviewed by the Engineer. 1.7 RESUBMISSION REQUIREMENTS A. Revise initial drawings as required and resubmit as specified for initial submittal. B. Indicate on drawings any changes which have been made other than those required by Engineer. All renumbering of shop drawings, relabeling of individual pieces or assemblies or relocating of pieces or assemblies to other Drawings within the submittal shall be clearly brought to the attention of the Engineer. 1.8 ENGINEER'S REVIEW A. The review of shop and working drawings hereunder will be general only, and nothing contained in this specification shall relieve, diminish or alter in any respect the responsibilities of the Contractor under the Contract Documents and in particular, the specific responsibility of the Contractor for details of design and dimensions necessary for proper fitting and construction of the work as required by the Contract and for achieving the result and performance specified thereunder. B. The Engineer's review comments will be summarized on a Submittal Review Form, which includes an action code. A description of each action code is provided below. 1. No Exceptions Taken (Status 0 on shop drawing log). The shop drawing complies with the Contract Document requirements. No changes or further information are required. Where appropriate, the submittal review form will be used to alert the Contractor, Owner and Field personnel of remaining items within that specification section that still needs to be submitted. 2. Make Corrections Indicated (Status 1 on shop drawing log). The shop drawing complies with the Contract Document requirements except for minor changes, as indicated. Resubmittal is not required unless it is specifically called for; however, Engineer requires that all comments will be addressed by the Contractor, unless otherwise notified in writing prior to execution of the relevant work. 3. Conditional to Remarks (Status 2 on shop drawing log). The shop drawing potentially complies with the Contract Document requirements, contingent 13122A

170 SUBMITTALS upon satisfactory resolution of review comments. Remarks will explicitly list what information needs to be resubmitted. Resubmittal from the Contractor should include a cover letter or summary which indicates how each review comment has been addressed. 4. Revise and Resubmit (Status 3 on shop drawing log). The shop drawing does not comply with the Contract Document requirement as submitted, but may with changes indicated and/or submission of additional information. The entire package must be resubmitted with the necessary information and a cover letter which indicates how each review comment has been addressed and where to find the information in the resubmittal. 5. Rejected (Status 4 on shop drawing log). The shop drawing does not comply with the Contract Document requirements, for the reasons indicated in the remarks, and is unacceptable. 6. In Review (Status 5 on shop drawing log). The shop drawing is currently under review. 7. For Information Only (Status 6 on shop drawing log). The shop drawing review was informational only. No comments are provided A

171 SUBMITTAL CERTIFICATION FORM PROJECT: CONTRACTOR'S PROJ. NO: CONTRACTOR: ENGINEER'S PROJ. NO: ENGINEER: SHOP DRAWING NUMBER: SPECIFICATION SECTION OR DRAWING NO: - SEQUENTIAL NUMBER (& ALPHA SUFFIX FOR RESUBMITTAL) DESCRIPTION: MANUFACTURER: The above referenced submittal has been reviewed by the undersigned and I/we certify that the material and/or equipment meets or exceeds the project specification requirements with NO DEVIATIONS or A COMPLETE LIST OF DEVIATIONS AS FOLLOWS a : By: Contractor b Manufacturer c By: Date: Date: a Any deviations not brought to the attention of the Engineer for review and concurrence shall be the responsibility of the Contractor to correct, if so directed. b Required on all submittals c When required by specifications Page of General Contractor's Stamp END OF SECTION 13122A

172 SECTION SCHEDULE OF VALUES PART 1 - GENERAL 1.1 DESCRIPTION A. Extent of Work: 1. Provide a detailed breakdown of the agreed Contract Sum showing values allocated to each of the various parts of the Work, as specified herein and in other provisions of the Contract Documents. The breakdown shall divide the projects into its appropriate component parts together with a quantity and a unit price for each part such that the sum of the products of quantities and unit prices will equal the contract price for the item(s). Coordinate with the Engineer regarding the level of detailed warranted for the project. B. Related Work Specified Elsewhere: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, and Sections of these Specifications. 2. Schedule of values is required under the General Conditions. 3. Schedule of values is required to be compatible with applications for progress payment. 1.2 QUALITY ASSURANCE A. Use required means to assure arithmetical accuracy of the sums described. B. When so required by the Engineer, provide copies of the subcontracts or other data acceptable to the Engineer substantiating the sums described. 1.3 SUBMITTALS A. Prior to first application for payment, submit a proposed schedule of values to the Engineer. 1. Secure the Engineer's approval of the schedule of values prior to submitting first application for payment. END OF SECTION 13122A

173 SECTION CONSTRUCTION PHOTOGRAPHS PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Pre-Construction Record: Contractor shall utilize digital photographs and video to obtain a visual record of the project area; copies of same shall be given to the Engineer and Owner. 2. Notify Engineer at least three (3) working days prior to photographing or videoing the project area so Engineer may, at his option, observe. 1.2 QUALITY A. Pre-Construction Record: Quality shall be such that the condition of existing pavement, curbing, driveway entrances, sidewalks, etc. can be readily determined. 1.3 SUBMITTAL OF PRINTS A. Pre-Construction Record: Submit hard copy prints and electronic files on CD ROM, and video electronic files on DVD to the Engineer and Owner prior to any construction work. B. The quality of the photos and video are subject to approval by the Engineer prior to the start of construction work in the areas shown by the photos. END OF SECTION 13122A

174 SECTION QUALITY CONTROL PART 1 - GENERAL 1.1 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Manufacturer's Field Services. F. Testing Laboratory Services. 1.2 RELATED REQUIREMENTS A. Section General Conditions: Inspection and testing required by governing authorities. B. Section Submittals: Submittal of Manufacturer's Instructions. C. Section Earthwork. D. Section Cast-in-Place Concrete. 1.3 QUALITY CONTROL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. 1.4 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.5 MANUFACTURERS' INSTRUCTIONS A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. 1.6 MANUFACTURERS' CERTIFICATES A. When required by individual Specifications Section, submit manufacturer's certificate that products meet or exceed specified requirements. 1.7 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specification Sections, require supplier and/or manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate 13122A

175 QUALITY CONTROL recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. 1.8 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services wherever an Independent Testing Laboratory is required by individual specification sections listed in paragraph 1.2 above, unless otherwise indicated. B. Services will be performed in accordance with requirements of governing authorities and with specified standards. C. Reports will present observations and test results and indicate compliance or noncompliance with specified standards and with Contract Documents. Independent Testing Laboratory will submit one copy of each report directly to each of the following: Engineer, Resident Project Representative, Contractor. Reports will be mailed within 5 days of obtaining test results. If test results indicate deficiencies, Independent Testing Laboratory shall telephone or FAX results to Engineer, Resident Project Representative and Contractor within 24 hours. D. Contractor shall cooperate with Independent Testing Laboratory personnel; furnish tools, samples of materials, design mix, equipment, storage and assistance as requested. E. Contractor shall coordinate all testing work and shall notify Engineer and Independent Testing Laboratory at least 24 hours prior to performing work requiring testing services. If scheduled tests or sampling cannot be performed because the work is not ready as scheduled, testing costs associated with the delay will be determined by Engineer and invoiced by Owner to Contractor. If unpaid after 60 days, the invoice amount will be deducted from the Contract Price. If adequate notice is not provided, Contractor shall suspend work on that portion of the Project until testing can be performed. Such suspension will not be grounds for a claim against the Owner for delay, nor will it be an acceptable basis for an extension of time. F. Payment for Independent Testing Laboratory services shall be as follows: 1. General: Where testing is the Owner's responsibility, payment will be made as stated below unless other requirements are given in Specification Sections. Testing which is the responsibility of the Contractor will be considered an incidental item unless otherwise indicated in Section 01150, Measurement and Payment. 2. Initial Testing: Owner will pay for initial tests. 3. Retesting: Costs of retesting due to non-compliance will be paid by Owner. The cost of retesting will be determined by Engineer and Owner will invoice Contractor for this cost. If unpaid after 60 days, the invoice amount will be deducted from the Contract Price. 4. Contractor's Convenience Testing: Inspections and tests performed for Contractor's convenience will be paid for by Contractor A

176 QUALITY CONTROL PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 13122A

177 SECTION DUST CONTROL PART 1 - GENERAL 1.1 DESCRIPTIONS A. Work Included: 1. Furnish and apply water or calcium chloride on surfaces within the construction site, when required to control dust and when directed by the Engineer. 2. When dust control is not included as a separate item in the Contract, the work shall be considered incidental to the appropriate items of the Contract. PART 2 - PRODUCTS 2.1 MATERIALS A. Water for Sprinkling: 1. Clean, free of salt, oil, and other injurious matter. B. Calcium Chloride: 1. Meet the requirements of AASHTO M144. PART 3 - EXECUTION 3.1 APPLICATION A. Water: 1. Apply water by methods approved by the Engineer. 2. Use approved equipment including a tank with gauge equipped pump and spray bar. B. Calcium Chloride: 1. Apply at a rate sufficient to maintain a damp surface but low enough to assure non-contamination of water courses. 2. Apply water prior to calcium chloride addition. C. Sweeping: 1. Keep all paved areas swept free of dirt and debris. END OF SECTION 13122A

178 SECTION PROJECT CLEANING PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Maintain premises and public properties free from accumulations of waste, debris, and rubbish, caused by operations. 2. At completion of work, remove waste materials, tools, equipment, machinery and surplus materials, and clean all sight-exposed surfaces. Leave project clean and ready for use. 1.2 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: Conduct cleaning and disposal operations in accordance with all applicable local and state laws, ordinances, and code requirements. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only cleaning materials recommended by manufacturer of surfaces to be cleaned. B. Use cleaning materials only on surfaces recommended by cleaning material manufacturers. PART 3 - EXECUTION 3.1 PERFORMANCE A. Cleaning During Construction: 1. Execute cleaning operations to ensure that buildings, grounds, and public properties are maintained free from accumulations of waste materials and rubbish. 2. Entirely remove and dispose of material or debris during the progress of the work that has washed into or has been placed in watercourses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor's operations. 3. Wet down dry materials and rubbish to lay dust and prevent blowing dust. 4. At reasonable intervals during the progress of work, clean the site and dispose of waste materials, debris, and rubbish. 5. Clean interiors of buildings, when applicable, prior to finish painting, and continue to clean on an as-needed basis until buildings are ready for occupancy. 6. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw material from heights. 7. When applicable, schedule cleaning operations so that dust and other contaminants resulting from the cleaning process will not fall on wet, newly painted surfaces A

179 PROJECT CLEANING B. Control of Hazards: 1. Store volatile wastes in covered metal containers, and remove from premises daily. 2. Prevent accumulation of wastes which may create hazardous conditions. 3. Provide adequate ventilation during use of volatile or noxious substances. C. Disposal: 1. Do not burn or bury rubbish and waste materials on project site. 2. Do not dispose of volatile wastes, such as mineral spirits, oil, or paint thinner, in storm or sanitary drains. 3. Do not dispose of wastes into streams or waterways. D. Final Cleaning: 1. Employ experienced workmen, or professional cleaners, for final cleaning. 2. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials, from all sight-exposed interior and exterior finished surfaces. 3. Repair, patch and touch up marred surfaces to specified finishes. 4. Broom clean paved surfaces. 5. Rake clean non-paved surfaces of the project site. 6. Restore to their original condition those portions of the site not designated for alterations by the Contract Documents. END OF SECTION 13122A

180 SECTION PROJECT RECORD DOCUMENTS PART l - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Keep accurate record documents for all additions, substitutions of material, variations in work, and any other additions or revisions to the Contract. B. Related Work Specified Elsewhere: 1. Shop Drawings, Project Data, and Samples are specified in "General Conditions" and Section 01340, Submittals. 1.2 MAINTENANCE OF DOCUMENTS A. Maintain at job site, one copy of: 1. Contract Drawings 2. Specifications 3. Addenda 4. Reviewed Shop Drawings 5. Change Orders 6. Any other modifications to the Contract 7. Field Test Reports B. Store documents in files and racks specifically identified for this use, that are apart from documents used for construction. C. File documents in a logical manner indexed for easy reference. D. Maintain documents in clean, dry, legible condition. E. Do not use record documents for construction purposes. F. Make documents available at all times for inspection by the Engineer and Owner, and by the end of the project, transmit these documents to the Engineer. 1.3 RECORDING A. Label each document "PROJECT RECORD" in large high printed letters. B. Keep record documents current and do not permanently conceal any work until required information has been recorded. C. General Field Recording Issues: 1. All ties should be taken from existing, permanent features such as utility poles, corners of houses and hydrants. Porches, sheds or other house additions should be avoided for they could be torn down. A minimum of two ties should be taken. 2. Stations should be recorded to the nearest foot. 3. Inverts should be recorded to the nearest hundredth of a foot. 4. Elevations should be recorded to the nearest hundredth of a foot. 5. Building dimensions should be recorded to the nearest 1/4". D. Project Record Drawings - Legibly mark Contract Drawings to record existing utilities and actual construction of all work, including but not limited to the 13122A

181 PROJECT RECORD DOCUMENTS following (where applicable): 1. Existing Utilities a. Water mains and services, water main gate valves, sewer mains and services, storm drains, culverts, steam lines, gas lines, tanks and other existing utilities encountered during construction must be accurately located and shown on the Drawings. In congested areas supplemental drawings or enlargements may be required. b. Show any existing utilities encountered in plan and profile and properly labeled showing size, material and type of utility. Ties should be shown on plan. Utility should be drawn to scale in section (horizontally and vertically) and an elevation should be called out to the nearest hundredth of a foot. c. When existing utility lines are broken and repaired, ties should be taken to these locations. d. If existing water lines are replaced or relocated, document the area involved and pipe materials, size, etc. in a note, and with ties. 2. Manholes, Catch Basins, Valve Pits and other structures. a. Renumber structure stationing to reflect changes. b. Show ties to center of structure covers or hatches. c. In general, show inverts at center of structures. However, for manholes with drop structures, or steep channels (greater than 0.2' change on slope), show inverts at face of manhole. d. Show inverts for other structures at the face of the structure. e. Draw any new structures that are added on plan and profile. f. Show any field or office redesigns. g. Redraw plan if the structure's location is moved more than 5 feet in any direction. [Note: It is important to show existing utilities, as outlined in Paragraph 1 above, especially if they were one reason for relocating the sewer, manholes and other structures.] h. Redraw profile if inverts changed by more than 6 inches. 3. Gravity Sewer Line a. Change sewer line slopes indicated on Drawings if inverts are changed. b. Draw any new gravity lines that are added on plan and profile. c. Show any field or office redesigns. d. Redraw the sewer line profile if manhole inverts are redrawn. e. Redraw the sewer line on plan corresponding to relocated manholes. 4. Water Mains and Force Mains a. Show ties to the location of all valves, bends (horizontal and vertical), tees and other fittings. The use of thrust blocks should be recorded. b. Revise elevations indicated on the Drawings to reflect actual construction. 5. Ledge a. Ledge profiles should be shown. Note whether the plotted ledge profile reflects undisturbed or expanded conditions. 6. Yard Piping and Buried Electrical Conduit a. Site piping should be drawn to reflect the installed locations, with ties and elevation of all bends (horizontal and vertical) A

182 PROJECT RECORD DOCUMENTS b. Show routing for electrical conduits and pull boxes, especially in close proximity to buildings and when the conduits change direction or cross process piping. 7. Roads a. Show centerline road profile and level spot elevations. b. Show pavement widths. c. On road cross sections, show the pavement cross slope. d. Show any deviations from the design plans. 8. Buildings a. In general, small changes to structures should not be redrawn. If any dimensional changes were made in the field, the numerical change should be made on the Drawing and be properly labeled. Update dimensions and elevations on Drawings. b. Show finished concrete elevations (top of slab, top of wall, top of footing, etc.). Redraw any foundation, frost wall, etc. that was modified, deepened, or altered during construction. c. Adjust finished concrete horizontal dimensions that are shown on the Drawings. d. Adjust structural steel elevations and horizontal dimensions that are shown on the Drawings. e. Show location of anchors, construction and control joints, and waterstops, when they are different from those shown on Drawings. f. Any additions or major changes should be shown in both plan and elevation (i.e. relocated doors, opposite door swings, change in wall location, relocation of floor drains). g. Show approximate location and routing of electrical conduits in walls, slabs and ceilings. Most conduits are run in groups, therefore, use range of measurements to define location for entire section of conduits. h. Special circuits for computers, alarms and instrumentation should be shown. i. Show any changes in location and elevation of ductwork and devices, fuel piping and equipment, and heat piping and equipment. j. Location of gravity sewer system below slabs in buildings should be shown, if changes are made in the configuration. k. If wall mounted electrical switches, control boxes, thermostats, etc. have been relocated significantly, (other side of door, or to a wall other than indicated diagrammatically on electrical plans) make the revision accordingly. E. Specifications and Addenda - Legibly mark up each section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by Change Order, Field Order, or other method. 1.4 SUBMITTALS A. At the completion of the project, deliver record documents to the Engineer. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date, project title and number A

183 PROJECT RECORD DOCUMENTS 2. Contractor's name and address. 3. Title and number of each record document with certification that each document is completed and accurate. 4. Signature of Contractor, or his authorized representative. C. Failure to supply all information on the Project Record Drawings as specified in Part 1.3 may result in additional retainage from monthly partial payment requests, and in non-approval of final payments of the Contract and/or if contract time (as specified in accordance with the Standard General Conditions of the Construction Contract) has elapsed, this shall be grounds for the enactment of the liquidated damages as specified. END OF SECTION 13122A

184 02050A-1 SECTION 02050A DEMOLITION PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. The Contractor shall furnish all labor, materials, tools, equipment and apparatus necessary and shall do all work required to complete the demolition, removal, and alterations of existing facilities as indicated on the Drawings, as herein specified, and/or as directed by the Engineer. 2. All material, piping, and other materials that are not to be relocated or to be returned to the Owner shall become the property of the Contractor and shall be disposed of by him, away from the site of the work and at his own expense. 3. Unless otherwise indicated, all items labeled to be "removed", "demolished" or "remove/demolish" shall be removed and disposed of off site in accordance with all Local, State and Federal Regulations. B. Related Work Specified Elsewhere: (When Applicable) 1. Earthwork is specified in Section JOB CONDITIONS A. Condition of Structures: 1. The Owner assumes no responsibility for the actual condition of structures to be demolished. 2. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner as far as practicable. However, variations within the structures may occur due to Owner's removal and salvage operations prior to the start of demolition work (where applicable). 1.3 UTILITIES A. Utility Locations: 1. Utility locations shown on the plans are approximate only, based on information supplied by the utility companies. B. Coordination with Utilities: 1. The Contractor shall make all necessary arrangements and perform any necessary work to the satisfaction of affected utility companies and governmental divisions involved with the discontinuance or interruption of affected public utilities and services. 1.4 SUBMITTALS A. Schedule - Demolition: 1. Submit two (2) copies of proposed methods and operations of demolition to the Engineer for review prior to the start of work. Include in the schedule the coordination for shut-off, capping and continuation of utility services as required A

185 02050A-2 DEMOLITION 2. Provide a detailed sequence of demolition and removal work to ensure the uninterrupted progress of the Owner's operations. 1.5 PROTECTIONS A. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities and persons. Erect temporary, covered passageways as required by authorities having jurisdiction. B. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain. 1.6 DAMAGES A. The Contractor shall promptly repair damages caused by demolition operations to adjacent facilities at no cost to the Owner. PART 2 - PRODUCTS Not Applicable. PART 3 - EXECUTION 3.1 PERFORMANCE A. Remove and dispose of non-salvageable material in accordance with all applicable local and state laws, ordinances and code requirements. B. Dispose of material daily as it accumulates. C. Carefully remove, store and protect from damage all materials to be salvaged. D. Buildings and Adjacent Property: 1. Protect all buildings and property adjacent to equipment to be removed from damage by erecting suitable barriers or by other suitable means. 2. Leave such buildings in a permanently safe and satisfactory condition. E. Maintaining Traffic: 1. Ensure minimum interference with roads, streets, driveways, sidewalks and adjacent facilities. 2. Do not close or obstruct streets, sidewalks, alleys or passageways without permission from authorities having jurisdiction. H. Salvage: 1. Salvaged items shall be stored on site for the Owner in an acceptable location and manner. I. Demolition Sequence: 1. The demolition sequence is to conform the reviewed and approved project schedule, and restrictions outlined in Section 01310, Construction Schedules. J. Pest Control: 1. Provide pest control when needed or when directed by the Engineer. 2. Exterminate and prevent migration of rodents to adjoining buildings in accordance with the requirements of the state or local health department. END OF SECTION 13122A

186 SECTION EARTHWORK PART 1 - GENERAL 1.1 DESCRIPTION A. The Work described by this Section consists of all earthwork encountered and necessary for construction of the project as indicated in the Contract Documents, and includes but is not limited to the following: 1. Excavation 2. Backfilling and Filling 3. Compaction 4. Embankment Construction 5. Grading 6. Providing soil material as necessary 7. Disposal of excess suitable material and unsuitable materials B. Related Work Specified Elsewhere: (When Applicable) 1. The use of explosives is specified in the Supplementary Conditions section of this Contract, and in Division Clearing and Grubbing, Dewatering, Filter Fabric, Temporary Erosion Control, Landscaping, and Paving are specified in the appropriate sections of this Division. 1.2 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: 1. All work shall be performed and completed in accordance with all local, state and federal regulations. 2. The General Contractor shall secure all other necessary permits unless otherwise indicated from, and furnish proof of acceptance by, the municipal and state departments having jurisdiction and shall pay for all such permits, except as specifically stated elsewhere in the Contract Documents. B. Line and Grade: 1. The Contractor shall establish the lines and grades in conformity with the Drawings and maintain same to properly perform the work. C. Testing Methods: 1. Gradation Analysis: Where a gradation is specified the testing shall be in accordance with ASTM C and ASTM C (or latest revision). 2. Compaction Control: a) Unless otherwise indicated, wherever a percentage of compaction for backfill is indicated or specified, it shall be the in-place density divided by the maximum density and multiplied by 100. The maximum density shall be the density at optimum moisture as determined by ASTM Standard Methods of Test for Moisture-Density Relations of Soil Using 10-lb. Hammer and 18-in. Drop, Designation D (Modified Proctor), or latest revision, unless otherwise indicated. 1/26/12

187 EARTHWORK b) The in-place density shall be determined in accordance with ASTM Standard Method of Test for Density of Soil in Place by the Sand Cone method, Designation D , (or latest revision) or Nuclear method Designation D2922. c) Wherever specifically indicated, maximum density at optimum moisture may be determined by ASTM Standard Methods of Test for Moisture Density Relations of Soils, ASTM D (Standard Proctor). d) An Independent Testing Laboratory will be retained by the Owner to conduct all laboratory and field soil sampling and testing, and to observe earth work and foundation construction activities. Laboratory testing will consist of sieve analyses, natural water content determinations, and compaction tests. Field testing will consist of in-place field density tests and determination of water contents. 1.3 SUBMITTALS A. Collection of samples and testing of all materials for submittals shall be performed by the Independent Testing Laboratory and paid for by the Contractor until the materials are approved by the Owner or Engineer. B. Submit test results in accordance with the procedure specified in the General and Supplementary Conditions. C. Submit test results (including gradation analysis) and source location for all borrow material to be used at least 10 working days prior to its use on the site. Contractor shall identify and provide access to borrow sites. D. Submit moisture density curve for each type of soil (on site or borrow material) to be used for embankment construction or fill beneath structures or pavement. 1.4 TESTS The Independent Testing Laboratory shall conform to the following procedures and standards: A. Submit test results in accordance with the procedure specified in the General and Supplementary Conditions. B. All testing shall be performed by a qualified Independent Testing Laboratory acceptable to the Engineer and Contractor at the Owner's expense unless otherwise indicated (see Section Quality Control). C. Field density tests on embankment materials shall be as follows: 1. Tests shall be taken on every 200 cubic yards of embankment material. D. Paved Areas and Building Slab Subgrade: Make at least one field density test of subgrade for every 2,000 sq. ft. of paved area or building slab, but in no case less than 3 tests. In each compacted fill layer, make one field density test for every 2,000 sq. ft. of overlaying building slab or paved area, but in no case less than 3 tests. E. Trenches: Field density test in trenches shall be taken at 75 linear foot intervals on every third lift. F. Foundation Wall Backfill: Take at least one (1) field density tests per lift per wall at locations and elevations as designated by the Engineer. G. In addition to the above tests the Independent Testing Laboratory will perform additional density tests at locations and times requested by the Engineer. 5/17/12

188 EARTHWORK H. Additional density testing will be required by the Engineer if the Engineer is not satisfied with the apparent results of the Contractor's compaction operation. 1. If the test results fail to meet the requirements of these specifications, the Contractor shall undertake whatever action is necessary, at no additional cost to the Owner, to obtain the required compaction. The cost of retesting will be paid by Owner. The cost of retesting will be determined by Engineer and Owner will invoice Contractor for this cost. If unpaid after 60 days, the invoice amount for retesting will be deducted from the Contract Price. No allowance will be considered for delays in the performance of the work. 2. If the test results pass and meet the requirements of these Specifications, the cost of the testing service will be borne by the Owner, but no allowance will be considered for delays in the performance of the work. 1.5 JOB CONDITIONS A. Site Information: 1. Data on indicated subsurface conditions are not intended as representations or warranties of accuracy or continuity between soil borings. It is expressly understood that Owner and Engineer will not be responsible for interpretations or conclusions drawn therefrom by the Contractor. Data are made available for the convenience of Contractor. 2. Additional test borings and other exploratory operations may be made by Contractor at no additional cost to Owner. B. Existing Utilities and Structures: 1. The locations of utilities and structures shown on the Drawings are approximate as determined from physical evidence on or above the surface of the ground and from information supplied by the utilities. The Engineer in no way warranties that these locations are correct. It shall be the responsibility of the Contractor to determine the actual locations of any utilities or structures within the project area. PART 2 - PRODUCTS 2.1 SOIL MATERIAL A. Aggregate Base: Shall be screened or crushed gravel of hard durable particles free from vegetable matter, lumps or balls of clay and other deleterious substances. Type B Aggregate for base shall not contain particles of rock that will not pass the 4 inch square mesh sieve. The gradation of the part that passes a 3-inch sieve shall meet the following grading requirements: Sieve Percent by Weight Designation Passing Square Mesh Sieves Type B Aggregate 1/2 inch /4 inch No /17/12

189 EARTHWORK No B. Aggregate Leveling Course and Untreated Surface Course: Shall be screened or crushed gravel consisting of hard durable particles which are free from vegetable matter, lumps or balls of clay and other deleterious substances. The gradation of the material shall meet the grading requirements of the following table: Sieve Designation Percentage by Weight Passing Square Mesh Sieves 1 inch /4 inch No No No C. Common Borrow: Shall consist of approved material required for the construction of the work where designated. Common borrow shall be free from frozen material, perishable rubbish, peat, organic, and other unsuitable material. Sieve Designation Percentage by Weight Passing Square Mesh Sieves 6-inch 100 No Common borrow may be used for embankments unless otherwise indicated and provided that the material is at a moisture content suitable for compaction to the specified density. No rocks shall exceed 3/4 of the depth of the specified lift thickness. D. Crushed Stone: Shall be a uniform material consisting of clean, hard, and durable particles or fragments, free from vegetable or other objectionable matter, containing angular pieces, as are those which come from a mechanical crusher. Gradation requirements shall be as follows: Sieve Designation Percent by Weight Passing Square Mesh Sieve 1-1/2 inch inch /2 inch No E. Screened Stone: Shall be a well graded stone consisting of clean, hard, and durable particles or fragments, free from vegetable or other objectionable matter, meeting the following gradation requirements: 5/17/12

190 EARTHWORK Sieve Designation Percent by Weight Passing Square Mesh Sieve 1 inch 100 3/4 inch /8 inch No No F. 3/8-inch Pea Gravel: Shall be a well graded semi round stone consisting of clean, hard, and durable particles or fragments, free from vegetable or other objectionable matter, meeting the following gradation requirements: Sieve Designation Percent by Weight Passing Square Mesh Sieve 1/2 inch 100 3/8 inch No No No G. Select Fill (Structural Fill): Shall consist of well graded granular material free of organic material, loam, wood, trash, snow, ice, frozen soil and other objectionable material and having no rocks with a maximum dimension of over 4 inches and meeting the following gradation requirements, except where it is used for pipe bedding in which case the maximum size shall be 2 inches. Sieve Designation Percent by Weight Passing Square Mesh Sieve 4 inch inch ¼ inch No No CONCRETE A. If concrete is required for excess excavation, provide 3,000 psi concrete complying with requirements of Section FILTER FABRIC A. If filter fabric is required, refer to Section /17/12

191 EARTHWORK PART 3 - EXECUTION 3.1 INSPECTION A. Examine the areas and conditions under which excavating, backfilling, filling, compaction and grading are to be performed and notify the Engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. 3.2 EXCAVATION A. General: 1. Excavation consists of removal and disposal of all material encountered when establishing line and grade elevations required for execution of the work. 2. The Contractor shall make excavations in such manner and to such widths as will give suitable room for building the structures or laying and jointing the piping; shall furnish and place all sheeting, bracing, and supports; shall do all cofferdamming, pumping, and draining; and shall render the bottom of the excavations firm, dry and acceptable in all respects. 3. All excavation shall be classified as either earth or ledge. a) Earth Excavation shall consist of the removal, hauling and disposal of all earth materials encountered during excavation including but not limited to native soil or fill, pavement (bituminous or concrete), existing sewers and manholes, ashes, loam, clay, swamp muck, debris, soft or disintegrated rock or hard pan which can be removed with a backhoe, or a combination of such materials, and boulders that do not meet the definition of "Ledge" below. b) Ledge Excavation: Shall consist of the removal, hauling, and disposal of all ledge or rock encountered during excavation. "Ledge" and "rock" shall be defined as any natural compound, natural mixture that in the opinion of the Engineer can be removed from its existing position and state only by drilling and blasting, wedging, sledging, boring or breaking up with power operated tools. No boulder, ledge, slab, or other single piece of excavated material less than two cubic yards in total volume shall be considered to be rock unless, in the opinion of the Engineer it must be removed from its existing position by one of the methods mentioned above. 4. The Contractor shall not have any right of property in any materials taken from any excavation. Do not remove any such materials from the construction site without the approval of the Engineer. This provision shall in no way relieve the Contractor of his obligations to remove and dispose of any material determined by the Engineer to be unsuitable for backfilling. The Contractor shall dispose of unsuitable and excess material in accordance with the applicable sections of the Contract Documents. B. Additional Excavation: When excavation has reached required subgrade elevations, notify the Engineer and Resident Project Representative who will observe the conditions. 5/17/12

192 EARTHWORK 1. If material unsuitable for the structure or paved area or pipeline (in the opinion of the Engineer) is found at or below the grade to which excavation would normally be carried in accordance with the Drawings and/or Specifications, the Contractor shall remove such material to the required width and depth and replace it with thoroughly compacted select fill, screened stone, crushed stone, or concrete as directed by the Engineer. 2. All excavated materials designated by the Engineer as unsuitable shall become the property of the Contractor and disposed of at locations in accordance with all State and local laws and the provisions of the Contract Documents. C. Unauthorized Excavation: Shall consist of removal of materials beyond indicated subgrade elevations or dimensions without specific authorization of Engineer. Unauthorized excavation, as well as remedial work required by the Engineer shall be at the Contractor's expense. Remedial work required is as follows: 1. Under footings, foundation bases, or retaining walls, fill unauthorized excavation with select fill or screened stone compacted to 95%. Provide 12" minimum select fill or screened stone directly under footings. Concrete fill may be used to bring elevations to proper position, when acceptable to Engineer. 2. If the bottom of a trench is excavated beyond the limits indicated, backfill the resulting void with thoroughly compacted screened stone, unless otherwise indicated. 3. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Engineer. D. Structural Excavation: 1. Shall consist of the removal, hauling, disposal, of all material encountered in the excavation to permit proper installation of structures. 2. Excavations for structures shall be carried to the lines and subgrades shown on the Drawings. 3. Excavate areas large enough to provide suitable room for building the structures. 4. The extent of open excavation shall be controlled by prevailing conditions subject to any limits designated by the Engineer. 5. Provide, install, and maintain sheeting and bracing as necessary to support the sides of the excavation and to prevent any movement of earth which could diminish the width of the excavation or otherwise injure the work, adjacent structures, or persons and property in accordance with all state and OSHA safety standards. 6. Erect suitable fences around structure excavation and other dangerous locations created by the work, at no additional cost to the Owner. 7. Exposed subgrade surfaces shall remain undisturbed, protected, and maintained as uniform, plane areas and shape to receive the foundation components of the structure. a. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10', and extending a sufficient distance from footings and 5/17/12

193 EARTHWORK foundations to permit placing and removal of concrete formwork, installation of services, other construction, and for inspection. b. In excavating for footings and foundations, take care not to disturb bottom of excavation. Excavate by hand to final grade and trim bottoms to required lines and grades to leave solid base to receive the structure. c. If a structure is to be constructed within the embankment, the fill shall first be brought to a minimum of 3 feet above the base of the footing. A suitable excavation shall then be made as though the fill were undisturbed earth. E. Trench Excavation: Shall consist of removal, hauling and disposal of all material encountered in the excavation to the widths and depths shown on the Drawings to permit proper installation of underground utilities. 1. Excavate trenches to the uniform width shown on the Drawings sufficiently wide to provide sufficient space for installation, backfilling, and compaction. Every effort should be made to keep the sides of the trenches firm and undisturbed until backfilling has been completed and consolidated. 2. Trenches shall be excavated with approximately vertical sides between the elevation of the center of the pipe and an elevation one foot above the top of the pipe. 3. Grade bottoms of trenches as indicated for pipe and bedding to establish the indicated slopes and invert elevations, notching under pipe joints to provide solid bearing for the entire body of the pipe, where applicable. 4. If pipe is to be laid in embankments or other recently filled material, the material shall first be placed to the top of the fill or to a height of at least two feet above the top of the pipe, whichever is the lesser. Particular care shall be taken to ensure maximum consolidation of material under the pipe location. The pipe trench shall be excavated as though in undisturbed material. 5. Unless otherwise specifically directed or permitted by the Engineer, begin excavation at the low end of sewer and storm lines and proceed upgrade. 6. Perform excavation for force mains and water mains in a logical sequence. 7. The extent of open excavation shall be controlled by prevailing conditions subject to any limits prescribed by the Engineer. 8. As the excavation progresses, install such shoring and bracing necessary to prevent caving and sliding and to meet the requirements of the state and OSHA safety standards, as outlined in the appropriate section of this Specification. F. Protection of Persons, Property and Utilities: 1. Barricade open excavations occurring as part of this work and post with warning lights in compliance with local and State regulations. 2. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Exercise extreme caution and utilize sheeting, bracing, and whatever other precautionary measures that may be required. 3. Rules and regulations governing the respective utilities shall be observed in execution of all work. Active utilities and structures shall be adequately 5/17/12

194 EARTHWORK protected from damage, and removed or relocated only as indicated or specified. Inactive and abandoned utilities encountered in excavation and grading operations shall be removed, plugged or capped only with written authorization of the utility owner. Report in writing to the Engineer, the locations of such abandoned utilities. Extreme care shall be taken when performing work in the vicinity of existing utility lines, utilizing hand excavation in such areas, as far as practicable. 4. Repair, or have repaired, all damage to existing utilities, structures, lawns, other public and private property which results from construction operations, at no additional expense to the Owner, to the complete satisfaction of the Engineer, the utility, the property owner, and the Owner. G. Use of Explosives: 1. Do not bring explosives onto site or use in work without prior written permission from authorities having jurisdiction. Contractor is solely responsible for handling, storage, and use of explosive materials when their use is permitted. 2. All blasting shall be performed in accordance with all pertinent provisions of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, Inc. H. Stability of Excavations: 1. Slope sides of excavations to comply with all codes and ordinances having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 2. Maintain sides and slopes of excavations in a safe condition until completion of backfilling. I. Shoring and Bracing: 1. Provide materials for shoring and bracing, such as sheet piling, uprights, stringers and cross-braces, in good serviceable condition. 2. Provide trench shoring and bracing to comply with local codes and authorities having jurisdiction. Refer to Specification Section Maintain shoring and bracing in excavations regardless of time period excavations will be open. Install shoring and bracing as excavation progresses. J. Material Storage: 1. Stockpile excavated materials which are satisfactory for use on the work until required for backfill or fill. Place, grade and shape stockpiles for proper drainage and protect with temporary seeding or other acceptable methods to control erosion. 2. Locate and retain soil materials away from edge of excavations. 3. Dispose of excess soil material and waste materials as herein specified. K. Dewatering: 1. To ensure proper conditions at all times during construction, the Contractor shall provide and maintain ample means and devices (including spare units kept ready for immediate use in case of breakdowns) with which to intercept and/or remove promptly and dispose properly of all water entering trenches and other excavations (including surface and subsurface waters). 5/17/12

195 EARTHWORK 2. Excavations shall be kept dry until the structures, pipes, and appurtenances to be built therein have been completed to such extent that they will not be floated or otherwise damaged. Refer to Specification Section L. Cold Weather Protection: 1. Protect excavation bottoms against freezing when atmospheric temperature is less than 35 F. 2. No frozen material shall be used as backfill or fill and no backfill shall be placed on frozen material. M. Separation of Surface Material: 1. The Contractor shall remove only as much of any existing pavement as is necessary for the prosecution of the work. 2. Prior to excavation, existing pavement shall be cut where in the opinion of the Engineer it is necessary to prevent damage to the remaining road surface. 3. Where pavement is removed in large pieces, it shall be disposed of before proceeding with the excavation. 4. From areas within which excavations are to be made, loam and topsoil shall be carefully removed and separately stored to be used again as directed; or, if the Contractor prefers not to separate surface materials, he shall furnish, as directed, loam and topsoil at least equal in quantity and quality to that excavated. N. Dust Control: 1. During the progress of the work, the Contractor shall conduct his operations and maintain the area of his activities, including sweeping and sprinkling of streets as necessary, so as to minimize the creation and dispersion of dust. Refer to Specification Section If the Engineer decides that it is necessary to use calcium chloride for more effective dust control, the contractor shall furnish and spread the material, as directed. 3.3 BACKFILL AND FILL A. General: 1. Backfilling shall consist of replacing material removed to permit installation of structures or utilities, as indicated in the Contract Documents. 2. Filling shall consist of placing material in areas to bring them up to grades indicated on the Drawings. 3. The Contractor shall provide and place all necessary backfill and fill material, in layers to the required grade elevations. 4. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance by Engineer of construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. b. Inspection, approval, and recording locations of underground utilities. c. Removal of concrete formwork. d. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Temporary sheet piling driven below bottom of 5/17/12

196 EARTHWORK structures shall be removed in manner to prevent settlement of the structure or utilities, or cut off and left in place if required. e. Removal of trash and debris. f. Permanent or temporary horizontal bracing is in place on horizontally supported walls. g. Density testing having results meeting requirements specified herein. 5. In general, and unless otherwise indicated, material used for backfill of trenches and excavations around structures shall be suitable excavated material which was removed in the course of making the construction excavation. Unless otherwise specified or allowed by the Engineer the backfill and fill shall be placed in layers not to exceed 8 inches in thickness. 6. All fill and backfill under structures and pavement, and adjacent to structures, shall be compacted crushed stone or select fill as specified or as indicated on the Drawings. The fill and backfill materials shall be placed in layers not exceeding 8 inches in thickness. 7. All structures (including manholes) shall be placed on a 6-inch mat of screened stone unless otherwise indicated. 8. Suitable excavated material shall meet the following requirements: a. Free from large clods, silt lumps or balls of clay. b. Free from stones and rock fragments with larger than 12 inch max. dimension. c. Free from organics, peat, etc. d. Free from frozen material. 9. If sufficient suitable excavated material is not available from the excavations, and where indicated on the Drawings, the backfill material shall be select fill or common borrow, unless otherwise indicated, as required and as directed by the Engineer. 10. Do not backfill with, or on, frozen materials. 11. Remove, or otherwise treat as necessary, previously placed material that has frozen prior to placing backfill. 12. Do not mechanically or hand compact material that is, in the opinion of the Engineer, too wet. 13. Do not continue backfilling until the previously placed and new materials have dried sufficiently to permit proper compaction. 14. The nature of the backfill materials will govern the methods best suited for their placement and compaction. Compaction methods and required percent compaction is covered in Compaction section. 15. Before compaction, moisten or aerate each layer as necessary to provide a water content necessary to meet the required percentage of maximum dry density for each area classification specified. 16. Do not allow large masses of backfill material to be dropped into the excavation in such a manner that may damage pipes and structures. 17. Place material in a manner that will prevent stones and lumps from becoming nested. 18. Completely fill all voids between stones with fine material. 19. Do not place backfill on or against new concrete until it has attained sufficient strength to support loads without distortion, cracking, and other damage. 5/17/12

197 EARTHWORK 20. Deposit backfill and fill material evenly on all sides of structures to avoid unequal soil pressures. 21. Keep stones or rock fragments with a dimension greater than two inches at least one foot away from the pipe or structure during backfilling. 22. Leave sheeting in place when damage is likely to result from its withdrawal. 23. Completely fill voids left by the removal of sheeting with screened stone which is compacted thoroughly. B. Pipe Bedding, Initial Backfill and Trench Backfill 1. Place bedding and backfill in layers of uniform thickness specified herein, and as shown on the Drawings. 2. Thoroughly compact each layer by means of a suitable vibrator or mechanical tamper. 3. Install pipe bedding and initial backfill in layers of uniform thickness not greater than eight (8) inches. 4. Deposit the remainder of the backfill in uniform layers not greater than eight inches. 5. Provide underground utility marking tape for new utility trenches as shown on the Drawings. Refer to Section Buried Utility Markings. 6. Where soft silt and clay soils are encountered the trench shall be excavated six inches below the normal bedding and backfilled with 6-inches of compacted sand. 7. Backfill trenches with concrete where trench excavations pass within 18 inches of column or wall footings and which are carried below the bottom of such footings, or which pass under wall footings. Place concrete to the level of the bottom of adjacent footings. 8. The following schedule lists the bedding materials for various types of pipe. Refer to the pipe trench detail for dimensional requirements. 5/17/12

198 EARTHWORK BEDDING REQUIREMENTS DI or Concrete Pipe PVC or PE Pipe screened stone or select fill. screened stone. 9. The following schedule lists the initial backfill requirements for various types of pipes. Refer to the pipe trench detail for dimensional requirements. INITIAL BACKFILL REQUIREMENTS DI or Concrete, Pipe PVC or PE Pipe Screened stone or select fill Screened stone 10. Special bedding and backfill requirements shown on the Drawings supersede requirements of this section. 11. Where pipes or structures pass through or under the impervious core of the lagoon embankments, bedding and backfill material shall consist of the impervious embankment material. Extra care should be given to properly and thoroughly compact the bedding material around the pipe. C. Improper Backfill: 1. When excavation and trenches have been improperly backfilled, and when settlement occurs, reopen the excavation to the depth required, as directed by the Engineer. 2. Refill and compact the excavation or trench with suitable material and restore the surface to the required grade and condition. 3. Excavation, backfilling, and compacting work performed to correct improper backfilling shall be performed at no additional cost to the Owner. D. Ground Surface Preparation: 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, scarify or break-up sloped surface steeper than 1 vertical to 4 horizontal. 2. When existing ground surface has a density less than that specified under "compaction" for the particular area classification, break up the ground surface, pulverize, moisture-condition to the optimum moisture content, and compact to required depth and percentage of maximum density. 3.4 COMPACTION A. General: 1. Control soil compaction during construction to provide not less than the minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: 1. Compact soil to not less than the following percentages of maximum dry density determined in accordance with ASTM D1557 as indicated. 5/17/12

199 EARTHWORK a. Structures: Compact each layer of backfill or fill material below or adjacent to structures to at least 95% of maximum dry density (ASTM D1557). b. Off Traveled Way Areas: Compact each layer of backfill or fill material to at least 90% of maximum dry density (ASTM D1557). c. Walkways: Compact each layer of backfill or fill material to at least 93% of maximum dry density (ASTM D1557). d. Roadways, Drives and Paved Areas: Compact each layer of fill, subbase material, and base material to at least 95% of maximum dry density (ASTM D1557). e. Pipes: Compact bedding material and each layer of backfill to at least 90% maximum dry density (ASTM D1557). Where backfilling with excavated material, compact to native field density. f. Embankments: Compact each layer of embankment material to at least 95% of maximum dry density (ASTM D1557). C. Moisture Control: 1. Where subgrade or a layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, in quantities controlled to prevent free water appearing on surface during or subsequent to compaction operations. 2. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 3. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing or pulverizing until moisture content is reduced to a satisfactory level. D. Embankment Compaction: 1. After each embankment layer has been spread to the required maximum 8- inch thickness and its moisture content has been adjusted as necessary, it shall be rolled with a sufficient number of passes to obtain the required compaction. One pass is defined as the required number of successive trips which by means of sufficient overlap will insure complete coverage and uniform compaction of an entire lift. Additional passes shall not be made until the previous pass has been completed. 2. When any section of an embankment sinks or weaves excessively under the roller or under hauling units and other equipment, it will be evident that the required degree of compaction is not being obtained and that a reduction in the moisture content is required. If at any place or time such sinking and weaving produces surface cracks which, in the judgment of the Engineer are of such character, amount, or extent to indicate an unfavorable condition, he will recommend operations on that part of the embankment to be suspended until such time as it shall have become sufficiently stabilized. The ideal condition of the embankment is that attained when the entire embankment below the surface being rolled is so firm and hard as to show only the slightest weaving and deflection as the roller passes. 3. If the moisture content is insufficient to obtain the required compaction, the rolling shall not proceed except with the written approval of the Engineer, and 5/17/12

200 EARTHWORK in that event, additional rolling shall be done to obtain the required compaction. If the moisture content is greater than the limit specified, the material of such water content may be removed and stockpiled for later use or the rolling shall be delayed until such time as the material has dried sufficiently so that the moisture content is within the specified limits. No adjustment in price will be made on account of any operation of the Contractor in removing and stockpiling, or in drying the materials or on account of delays occasioned thereby. 4. If because of insufficient overlap, too much or too little water, or other cause attributable to defective work, the compaction obtained over any area is less than that required, the condition shall be remedied, and if additional rollings are ordered, they will be done at no cost to the Owner. If the material itself is unsatisfactory or if additional rolling or other means fails to produce satisfactory results, the area in question shall be removed down to material of satisfactory density and the removal, replacement, and re-rolling shall be done by the Contractor, without additional compensation. 5. Material compaction by hand-operated equipment or power-driven tampers shall be spread in layers not more than 6 inches thick. The degree of compaction obtained by these tamping operations shall be equal in every respect to that secured by the rolling operation. E. Compaction Methods: The Contractor may select any method of compaction that is suitable to compact the material to the required density. 1. General: Whatever method of compacting backfill is used, care shall be taken that stones and lumps shall not become nested and that all voids between stones shall be completely filled with fine material. All voids left by the removal of sheeting shall be completely backfilled with suitable materials and thoroughly compacted. 2. Tamping or Rolling: If the material is to be compacted by tamping or rolling, the material shall be deposited and spread in uniform, parallel layers not exceeding the uncompacted thicknesses specified. Before the next layer is placed, each layer shall be tamped as required so as to obtain a thoroughly compacted mass. Care shall be taken that the material close to the excavation side slopes, as well as in all other portions of the fill area, is thoroughly compacted. When the excavation width and the depth to which backfill has been placed are sufficient to make it feasible, and it can be done effectively and without damage to the pipe or structure, backfill may, on approval, be compacted by the use of suitable rollers, tractors, or similar powered equipment instead of by tamping. For compaction by tamping or rolling, the rate at which backfilling material is deposited shall not exceed that permitted by the facilities for its spreading, leveling, and compacting as furnished by the Contractor. F. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, re-shape, and compact to required density prior to further construction. 5/17/12

201 EARTHWORK 3.5 GRADING: A. General: 1. Grading shall consist of that work necessary to bring all areas to the final grades. 2. Uniformly grade areas within limits of work requiring grading, including adjacent transition areas. 3. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. B. Grading Outside Building Lines: 1. Grade areas adjacent to building to drain away from structures and to prevent ponding. 2. Grade surfaces to be free from irregular surface changes, and as follows: a. Lawn or Unpaved Areas: Finish grade areas to receive topsoil to within not more than 1" above or below the required subgrade elevations. b. Walks: Shape surface of areas under walks to line, grade and crosssection, with finish surface not more than 1/2" above or below the required subgrade elevation. c. Pavements: Shape surface of areas under pavement to line, grade and cross-section, with finish surface not more than 3/8" above or below the required subgrade elevation. C. Grading Surface of Fill Under Building Slabs: 1. Grade surface to be smooth and even, free of voids, and compacted as specified, to the required elevation. 2. Provide final grades within a tolerance of 1/2" when tested with a 10' straight edge. D. Compaction: 1. After grading, compact subgrade surfaces to the depth and percentage of maximum density for each area classification. E. Protection of Graded Areas: 1. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. 2. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. 3.6 BASE COURSE AND LEVELING COURSE A. General: 1. Base course consists of placing the specified materials in layers to support a leveling course or paved surface, as indicated in the Drawings. B. Grade Control: 1. During construction, maintain lines and grades including crown and crossslope of base course and leveling course. C. Placing: 1. Place base course on prepared subbase conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting base materials. 5/17/12

202 EARTHWORK 2. Place leveling course on prepared base course, conforming to indicated crosssection and thickness. Maintain optimum moisture content for compaction. D. Shaping and Compacting: 1. All layers of aggregate base course and leveling course shall be compacted to the required density immediately after placing. As soon as the compaction of any layer has been completed, the next layer shall be placed. 2. The Contractor shall bear full responsibility for and make all necessary repairs to the base leveling courses and the subgrade until the full depth of the base leveling courses is placed and compacted. Repairs shall be made at no additional cost to the Owner. 3. If the top of any layer of the aggregate base or leveling course becomes contaminated by degradation of the aggregate or addition of foreign materials, the contaminated material shall be removed and replaced with the specified material at the Contractor's expense. END OF SECTION 5/17/12

203 SECTION HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER PART 1. GENERAL 1.01 DESCRIPTION OF WORK A. Definitions 1. Impacted Materials: Impacted Materials consist of surface and subsurface materials including soil, sediment, vegetation, sand, and/or debris that contain or have been contaminated by concentrations of oil and/or hazardous materials that exceed the May 8, 2013, Maine Department of Environmental Protection (DEP) Remedial Action Guidelines (RAGs) for Soil Contaminated with Hazardous Substances. All surface and subsurface materials from the main triangular portion of the property and extending approximately 60 feet to the north is to be assumed to meet the definition of Impacted Materials. No hazardous waste characteristics as described in 40 CFR 261, et seq. have been identified in association with Impacted Materials at the Site. 2. Special Waste: Special Waste consists of Impacted Materials excavated during site work activities in excess of the volume of soil that can be re-used onsite or reused at the adjacent Elevated Platform parcel. B. Work Included: 1. Furnish all labor, materials, equipment, and incidentals necessary to perform excavation, on-site management/relocation, and any necessary stockpiling of Impacted Materials, as well as the loading, handling, transport, and off-site disposal of Special Waste as authorized and approved by the City s Environmental Professional. 2. Manage all Impacted Materials and Special Waste in accordance with a Maine DEP-approved Soil Management Plan (SMP) for the Site included as Attachment A. 3. To the greatest extent practicable, all Impacted Materials will be re-used at the site for construction purposes or as fill for the adjacent Elevated Platform parcel. 4. Impacted Material that cannot be re-used for construction purposes at the site, must be temporarily stockpiled and disposed off-site as Special Waste. The offsite disposal of Special Waste soil will only be authorized and approved by the City s Environmental Professional after it is determined it cannot be re-used onsite or at the adjacent Elevated Platform parcel. March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

204 5. Furnish all labor, materials, equipment, and incidentals necessary to construct the soil cover as shown on the Design Plans included in Attachment 2 of these Contract Documents and the Soil Management Plan included as Attachment A to this Specification. 6. Refer to other drawings and specifications for backfilling, compaction, and finished grading requirements REGULATORY COMPLIANCE AND SAFETY A. The Contractor shall be responsible for adherence to and compliance with all Maine DEP, U.S. EPA, OSHA and DOT regulations regarding excavation, on-site management, stockpiling, relocating, and loading of materials/items identified in this Section. B. Workers who will be handling or otherwise become exposed to Impacted Materials or Special Waste shall have 40 hour OSHA training, 3 days of supervised field experience and a current (i.e. in the last year) 8-hour refresher training. C. The Contractor shall prepare and implement a site specific Health and Safety Plan (HASP) in accordance with OSHA D. Determination and implementation of personal protective equipment (PPE) is the responsibility of the Contractor. PPE requirements shall be established in the HASP CONTRACTOR RESPONSIBILITIES/SUBMITTALS A. All work is to be conducted in accordance with the Soil Management Plan, which has been prepared by the Environmental Professional and is included as Attachment A. The Soil Management Plan details the following: 1. A description of soil conditions and associated regulatory applicability 2. A listing of proper health and safety training requirements, minimum PPE for use during site work activities, and general safety practices 3. A description of onsite soil management procedures including soil stockpiling or storage, and dust control requirements 4. A description of the onsite soil reuse procedures including the soil cover system 5. A summary of the methods to be used for the proper characterization, transport and disposal of excess Special Waste that will be generated during redevelopment B. Contractor shall provide an Impacted Material Work Plan describing proposed stockpile locations, covering procedure, dust control measures, stormwater management techniques, equipment, and a schedule detailing the proposed sequence March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

205 of Impacted Material excavation and stockpiling, as well as the loading of Special Waste for off-site disposal. C. Subsequent to transport of Special Waste, the Contractor shall provide Special Waste Manifests, final Certificate of Recycling/Disposal, and any other applicable documentation following Special Waste material off-site disposal. D. Contractor shall be responsible for coordinating schedules, work areas, and sequencing with other trades. E. Contractor is responsible to assure proper excavation, stockpiling, and loading during the project. F. Contractor shall provide Impacted Material excavation, stockpiling and/or containerizing, and the loading, transport and disposal of Special Waste soils, with work completed by qualified and licensed personnel in accordance with all applicable regulations including but not limited to OSHA, U.S. EPA, Maine DEP, and MDOT. Contractor shall provide the name of the Contractor s or excavation subcontractor s Competent Person for excavation and trenching, as defined at G. Contractor shall provide an OSHA HASP for Impacted Material management and Special Waste loading including evidence that all personnel working with Special Waste materials satisfy the latest requirements of OSHA regulation 29 CFR This plan is to be submitted to City s Environmental Professional for review and approval at least 10 business days before the initiation of excavation work. H. Contractor shall provide the name and contact information of Contractor Site Health and Safety Officer. I. Contractor shall provide certificates of completion of OSHA 40 hour HAZWOPER training and associated 8 hour refresher courses. J. Contractor shall submit product specification sheet for the soil cover marker layer and stockpile cover sheeting to the Environmental Professional for approval prior to installation and use SPECIAL WASTE MATERIALS TO BE ENCOUNTERED A. All Impacted Material and Special Waste warrant proper management in accordance with State and Federal requirements. B. Contaminants that may be present in Impacted Materials and Special Waste are summarized in the Soil Management Plan included as Attachment A. March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

206 C. Volumes of Special Wastes encountered will be dependent upon the quantity of soil removal required for site work during redevelopment and the volume of Impacted Materials that can be relocated onsite and on the adjacent parcel QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. B. Inspection Service: The City s Environmental Professional will be responsible for field oversight during construction activities to document and confirm Impacted Material and Special Waste conditions and proper management practices. The Environmental Professional will inspect the construction of the soil cover system, including taking confirmatory measurements of the final product. Contractor shall provide Site access to the Environmental Professional as necessary. C. Testing: Sampling and analysis to determine the general characteristics of Impacted Materials that may be encountered during construction has been completed by the Environmental Professional and is summarized in the Soil Management Plan included as Attachment A. The Contractor will be responsible for the collection of any additional soil samples needed for disposal facility acceptance and/or health and safety planning. All waste characterization or other soil sampling is to be completed in accordance with the Site Specific Quality Assurance Project Plan (SSQAPP) included as Attachment 3 to the Contract Documents, including the use of specified laboratories. PART 2. PRODUCTS 2.01 GENERAL A. At the expense of the Contractor, all personnel performing work with Impacted Materials and Special Waste shall wear PPE and protective clothing consistent with the levels of protection required for this work as indicated in the HASP. B. If necessary or desired by Contractor, containers used for the storage and/or transport of Special Waste shall be constructed of steel, in good condition, and designed for the intended purpose of safe, secure storage of hazardous materials during loading and transport to the disposal facility. The containers must be approved by and labeled in accordance with U.S. DOT requirements. All costs associated with the use of containers shall be the responsibility of the Contractor. C. A marker layer like a permeable geotextile fabric (Mirafi 600X) or similar material (i.e., snow fence) shall be placed directly over the Impacted Material to remain at the site to indicate the distinction between the soil cover and the underlying contaminated soil in accordance with the Design Plans in Attachment 2. No Marker layer is necessary below future paved surfaces such as asphalt, concrete, brick, pavers, granite, or other hardscape, unless otherwise shown on the Design Plans. In these areas the new hardscape will serve as the marker layer. All costs associated with the March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

207 sourcing and installation of the marker layer shall be the responsibility of the Contractor. PART 3. EXECUTION 3.01 INSPECTION A. Examine the areas and conditions under which excavating, filling, and grading, and loading and transport are to be performed and notify the Environmental Professional in writing of unexpected health and safety concerns and/or unforeseen conditions that may be detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. B. Prior to commencement of work, the Contractor shall implement Erosion and Sedimentation Control measures as outlined in the Contract Documents. C. The Contractor shall notify DigSafe a minimum of 72 hours prior to any excavation at the Site IMPACTED MATERIAL AND SPECIAL WASTE EXCAVATION AND STOCKPILING A. Excavation 1. As necessary to implement the project, the Contractor will excavate Impacted Materials and Special Waste from the Site. 2. Excavated Impacted Material will be relocated onsite, relocated to the adjoining Elevated Platform parcel as fill, or stockpiled for future onsite re-use or waste characterization and offsite disposal. B. Segregation 1. If applicable, materials that are characterized as Impacted Materials, as identified in these Contract Documents, shall be segregated from those materials which do not warrant special management as Impacted Materials. Generally, all soil currently at the Site shall be considered Impacted Material. New material brought to the Site as fill or for the cover system shall be segregated until final placement. C. Stockpiling 1. Excavated Impacted Materials and Special Waste may be stockpiled temporarily onsite. Material will be placed on 10 mil polyethylene sheeting and securely covered by the same. Stockpiles will be covered at the end of each day as well as during period of excessive rain occurring during the work day. The perimeter of the stockpile area will be bermed to collect leachate and prevent transport of Impacted Material to other parts of the Site or offsite. March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

208 2. Stockpiled Impacted Materials shall be re-used onsite or removed from the Site as Special Waste as soon as possible and in all cases no more than 60 days from the date of initial excavation, unless approved in writing by the Environmental Professional. 3. All costs associated with stockpiling and/or containerization of Impacted Materials and Special Waste, including but not limited to covering materials and containers, shall be the responsibility of the Contractor. D. Prohibition of Unauthorized Removal of Soils from Site 1. Impacted Materials encountered on-site may be considered a Special Waste under State of Maine Regulations, requiring proper characterization, disposal, and documentation. No Impacted Material is to be removed from the Site without authorization from the Environmental Professional. E. Dust Control 1. Dust control requirements are described in the attached Soil Management Plan and other sections of the technical specifications. Any violations of the dust control requirements will results in a stoppage of work at the Contractor s cost until the violation is mitigated to the satisfaction of the Environmental Professional SPECIAL WASTE MATERIAL OFF-SITE DISPOSAL/RECYCLING A. Special Waste Characterization 1. The Contractor will collect waste characterization samples from stockpiled soil planned for offsite disposal/recycling as Special Waste in accordance with the SSQAPP included in Attachment 3 of these Contract Documents. The Contractor will prepare the waste profile and obtain approval for disposal from an appropriately licensed facility. The City s Environmental Professional shall be copied on correspondence regarding Special Waste profile submittal and facility acceptance. Confirmation of facility acceptance shall be provided to the Environmental Professional in written form (e.g. confirmation or letter of acceptance). B. Loading for Disposal/Recycling 1. The Contractor shall load the Special Waste designated for off-site disposal/recycling. The cost incurred for the loading of excess Special Waste into containers or bulk transportation vehicles (i.e. tri-axle dump trucks or dump trailers) shall be the responsibility of the Contractor. 2. Contractor shall coordinate with the Environmental Professional and other trades to schedule and arrange for the loading of Special Waste into the transportation containers or vehicles and shall provide notice to the Environmental Professional March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

209 a minimum of 2 business days prior to the desired date of loading for off-site transport. 3. Environmental Professional shall be on-site during the loading and transportation of Special Waste by Contractor. Contractor shall not load Special Waste when the Environmental Professional is not on-site without the expressed written consent ( is acceptable) of the Environmental Professional. C. Offsite Transport and Disposal/Recycling 1. The Contractor shall arrange for the proper transportation and disposal of excess Special Waste. All costs incurred for transportation and disposal will be the responsibility of the Contractor in accordance with these Contract Documents. 2. Contractor shall ensure that vehicles and containers used for Special Waste transport are properly permitted in accordance with all Maine DEP, U.S. EPA, and DOT regulations. 3. Contractor shall ensure that all transportation of Special Waste is conducted using proper waste manifesting and documentation in accordance with all Maine DEP, U.S. EPA, and DOT regulations. A draft copy of transportation documents that will accompany the waste to the disposal/recycling facility will be provided to the Environmental Professional prior to transport. 4. Contractor shall provide notice to the Environmental Professional a minimum of 2 business days prior to the desired date of off-site transport. 5. Vehicles leaving the Site shall have no mud or dirt on the vehicle body or wheels. Any foreign matter on the vehicle body or wheels shall be physically removed by dry brushing or pressure washing vehicles prior to vehicle s entering of adjoining mill property driveways or a public roadway. Contractor shall not permit any vehicle to leave the Site with exterior mud or dirt that has the potential to be deposited on adjoining properties or public roadways. 6. Vehicle mud and dirt carryout, material spills, and soil wash-out onto adjoining mill properties or public roadways and walkways and other paved areas shall be cleaned up immediately using hand tools or street sweeper. Dry power sweeping is prohibited. 7. Haul truck cargo areas shall be securely and completely covered during material transport on public roadways. 8. The Contractor is responsible for daily clean-up of adjoining mill driveways, public roadways and walkways affected by the work of this Contract. 9. Total weights slips will be obtained from the facility and provided to the Environmental Professional with the final disposal package. March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

210 3.04 SOIL COVER A. A typical covering detail for clean fill, brick, or concrete to be placed over the identified Impacted Materials that are to be re-used at the Site is presented in the Soil Management Plan in Attachment A and identified on the design plans included in Attachment 2. The following covering procedure shall be implemented by the Contractor: 1. Impacted Materials shall be relocated and reused on-site as necessary to meet final grades, install Site features and subsurface infrastructure, and/or to provide structurally suitable sub-grade materials. 2. Excess Impacted Materials remaining after construction of subgrades onsite shall be relocated and reused as fill on the adjacent Elevated Platform parcel. If additional excess Impacted Materials are still generated, these excess Impacted Materials shall be stockpiled for off-site disposal as Special Waste in accordance with these specifications. 3. A marker layer like a permeable geotextile fabric (Mirafi 600X) or similar material (i.e., snow fence) shall be placed directly over the Impacted Material to remain at the site to indicate the distinction between the soil cover and the underlying contaminated soil. No marker layer is necessary below future paved surfaces such as concrete, brick, pavers, granite, or other hardscape, unless otherwise shown on the Design Plans. 4. A minimum of 12 inches of documented clean natively sourced fill (final compacted depth) shall be placed as cover material over the marker layer in areas proposed for non-paved or non-hardscape surfaces. Documentation of the source of fill shall be provided to the Environmental Professional and written approval ( is acceptable) by the Environmental Professional shall be obtained prior to placement of the clean fill. A minimum of 6 inches of documented clean native fill (final compacted depth) shall be placed as cover material over Impacted Materials below future concrete, or other hardscape areas. Please note that clean base and sub-base materials may be utilized for this cover as required to maintain the structural integrity of the hardscape, or other structures associated with the redevelopment. The thickness of these materials may be greater than the minimum cover requirements presented herein. 5. Each covered area will be graded as specified in the Contract Documents. 6. Seed, mulch, or otherwise will be placed in landscaped area to permanently stabilize the unpaved covered areas to prevent erosion prior to final Site work, as specified in the Contract Documents. END OF SECTION Attachments: Attachment A: Soil Management Plan March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

211 ATTACHMENT A SOIL MANAGEMENT PLAN DRAFT March 31, HANDLING OF IMPACTED AND SPECIAL WASTE MATERIALS AND INSTALLATION OF SOIL COVER

212 March 10, 2015 Brian Phinney City of Biddeford 205 Main Street Biddeford, Maine RE: Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Streets, Biddeford, Maine Dear Mr. Phinney: The following document describes methods and procedures to be used during remediation activities and specifies long-term site management requirements at the Former FPL Site located off Laconia and York Streets in Biddeford, Maine (the Site). The activities and practices described below are necessary to fulfill the applicable regulatory requirements and to manage potential risk to human and environmental receptors associated with contaminated soil. Included in this Soil Management Plan (SMP)/Environmental Management Plan (EMP) are: A description of soil conditions and associated regulatory applicability A listing of proper health and safety work practices and protective equipment for use during Site work activities A description of onsite soil management procedures including soil handling, stockpiling, and dust control for use during Site work activities A description of the onsite soil reuse procedures including the soil cover system A summary of the methods to be used for the proper transport and disposal of excess soil that may be generated during redevelopment A description of procedures for future excavation of soil below the marker layer A summary of long-term inspection and maintenance procedures 1. INTRODUCTION AND APPLICABILITY Based on available information, the Site was formerly utilized as part of the River Dam Mill and was improved with mill structures used for storage, production and/or the transportation of goods between the late 1800s and the mid/late 1900s. According to previous environmental reports, the Site was also used for the storage of electrical transformers in the late 1900s by the Central Maine Power Company (CMP). According to previously completed environmental investigations, soil at the Site consists primarily of fill material that contains concentrations of polycyclic aromatic hydrocarbons Community Revitalization, Economic Development, Environmental Remediation & Engineering

213 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 (PAHs) and arsenic at concentrations exceeding the Maine Department of Environmental Protection (DEP) park user remedial action guidelines (RAGs). A limited Soil Sampling Report was prepared in July 2012 to assess surface soil at the Site. In accordance with this site-specific data, maximum expected contaminant concentrations are summarized below and constitute impacted soil at the Site: Table 1 - Estimated Maximum Soil Contaminant Concentrations for Compounds Exceeding Maine DEP RAGs* Analytical Group Analyte Maximum Concentration (mg/kg except as noted) PAHs Benzo(a)anthracene 5.5 Benzo(a)pyrene 3.9 Benzo(b)fluoranthene 3.4 Dibenzo(a,h)anthracene 0.9 Metals Arsenic 12 * Maximum estimated Site concentrations are based on environmental data collected from the Site during the July 26, 2012, Soil Sampling Report. Additional currently unknown contaminants may exist at the Site. 2. GENERAL HEALTH AND SAFETY PLAN DURING SOIL EXCAVATION AND HANDLING The following serves as guidelines for health and safety procedures to be employed during general construction and/or Site maintenance activities at the Site involving exposure to contaminated soil. Based on previous environmental assessments completed at the Site, the expected contaminants of concern include PAHs and arsenic in soil. The primary route for contact with impacted materials at the Site is dermal absorption, incidental uptake, and active ingestion. As such, the utilization of basic personal protective equipment (PPE) will minimize the potential for human exposure while conducting remediation activities at the Site. Training All personnel who will be directly handling or otherwise may be exposed to impacted media shall have 40 hour Occupational Safety & Health Administration (OSHA) CFR training, 3 days of supervised field experience, and current 8-hour OSHA refresher training. Personal Protective Equipment Based on the hazard evaluation, Level D PPE has been initially designated for all personnel who will be directly handling or otherwise may be exposed to impacted media at the Site. The contractor s Health and Safety Officer may upgrade PPE to Level C or higher if additional hazards are identified during Site work. 2 CREDERE ASSOCIATES, LLC

214 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 Specific Level D PPE to be used at the Site includes the following: Steel toe work boots with latex over boots as required Safety glasses with side shields Work gloves Nitrile inner gloves Hard hat Coveralls (optional) Work Zone Monitoring The property boundaries should be monitored for ambient dust levels to ensure fugitive dust is not migrating from the Site onto adjoining or nearby properties. As a general rule of thumb, visible ambient dust should be controlled using wet suppressant methods and any stockpiles should be covered during down time. Access should be limited to applicable personnel during periods where contaminated soil is exposed at the surface. General Operating Procedures In addition to the above basic health and safety guidelines, the following procedures should be followed during activities conducted at the Site which create the potential for exposure to impacted soil: Work conducted at the Site shall be directed by a qualified environmental professional. The Site shall be surveyed and cleared by DigSafe. All equipment used during excavation activities shall be properly cleaned and decontaminated. Any indication of conditions more hazardous than those anticipated, or the observation of circumstances that would render the above basic health and safety procedures inappropriate, shall result in the evacuation of the work area and a reassessment of health and safety procedures by a qualified environmental professional. 3. ONSITE SOIL MANAGEMENT DURING REMEDIATION The following section provides procedures for the excavation, re-use, storage, and disposal of excess soil generated during remediation activities at the Site. All impacted soil that will remain at the Site, including materials planned for reuse and undisturbed in situ impacted soil if identified in the future, will be covered to minimize the direct contact hazard for future Site users. 3 CREDERE ASSOCIATES, LLC

215 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 Onsite Reuse of Soil All areas of the Site should be covered according to the below specifications: All features and subsurface infrastructure will be installed and the grading of impacted soil shall be completed consistent with the design requirements for the Site. Any excess or unsuitable material (i.e. structurally unsuitable, building debris, etc) that cannot be re-used at the Site will be relocated to the adjoining City owned property for use as fill under proper cover or removed in accordance with Section 4 of this SMP/EMP. A permeable geotextile fabric will be placed directly over the impacted soil in landscaped areas to indicate the distinction between the cover and the underlying impacted soil to remain at the Site. A separate marker layer will not be necessary below impermeable surfaces such as concrete walkways, asphalt pavement, hardscape, or concrete foundations, since these materials will serve as the marker layer. The geotextile marker layer will extend from landscaped areas to the exterior limit of these impermeable areas. A minimum of 12 inches of documented clean fill shall be placed as cover material over the marker layer in landscaped areas. The source of fill will be documented to be a local native source or will be documented to be clean through analytical testing. The covered areas will be loamed, seeded, mulched, vegetated, or otherwise permanently stabilized to prevent erosion and damage to the soil cover. If the marker layer must be compromised to facilitate landscape installation, a replacement marker layer shall be installed prior to the placement of any new non-impacted material. Areas planned for hardscape construction will be installed directly over the impacted soil and the hardscape will serve as the marker layer. Each covered area will be graded so that the stormwater runoff is directed to an appropriate area. Additional sub-base materials may be necessary beyond the minimum cover requirements discussed herein to maintain the structural integrity of the proposed site features. Soil Stockpiling and Storage In the event removal of soil is required for future maintenance, construction, or utility work at the Site. Soil excavated from the Site may be temporarily stored or removed following waste disposal characterization and acceptance at an appropriate receiving facility. Soil removed from the Site should be placed atop 20-mil polyethylene sheeting to prevent contamination of surrounding cover materials, and securely covered by 10-mil or 20-mil polyethylene sheeting. Berms shall be constructed around the edges of the stockpiles, the base shall be sloped to create leachate collection points, and storm water runoff will be diverted away from any soil stockpile or storage area when feasible. Soil may be more conveniently live loaded into trucks for offsite disposal at an appropriate facility or temporarily stored within secure, water resistant, DOT-approved bulk containers. All stockpiled or containerized soil will be stored within a secure area of the Site and properly 4 CREDERE ASSOCIATES, LLC

216 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 labeled to minimize potential contact. In addition, all soil stockpiled or otherwise stored at the Site will be inspected daily for tears, holes, or other failures in the polyethylene sheeting or storage container. Erosion Control To prevent exposure of terrestrial and aquatic biota to COCs at the Site during construction, erosion control best management practices (BMP) will be employed in accordance with Maine s Erosion and Sedimentation Control Laws. Generally, sediment migration into the Saco River is limited by the river wall; however, the seeps at the base of the wall will be protected with filtration fabric during construction. Dust Control Dust control requirements will be a contractual responsibility of the environmental contractor for the Site and will be documented by the owner s Environmental Professional during remediation activities. Dust control measures shall be employed during excavation and grading, and to control dust around stockpiles, haul roads, and any other exposed soils. At a minimum, wet suppression shall be used to provide temporary control of dust. Wet suppression will be applied on a routine basis and/or as directed by the owner s Environmental Professional to adequately control dust. Depending upon weather conditions and work activity, several wet suppression applications per day, and/or the use of granular calcium chloride or similar commercially manufactured dust control agents, may be necessary to adequately control dust. Aside from routine wet suppression, alternate dust control measures are subject to approval by the owner s Environmental Professional. Water runoff generated by dust control will be retained and disposed in accordance with the requirements of the appropriate regulatory agencies. Vehicles leaving the Site shall have no mud or dirt on the vehicle body or wheels. Any foreign matter on the vehicle body or wheels will be physically removed prior to vehicles entering a public roadway. Vehicles will not be permitted to leave the Site with exterior mud or dirt that has the potential to be deposited on public roadways. 4. OFFSITE SOIL DISPOSAL If need arises, all excess impacted soil or unsuitable material that cannot be relocated or is unsuitable for use at the adjoining City owned property will be transported and disposed offsite in accordance with all applicable federal and state regulations. The following subsections provide appropriate procedures for the characterization and offsite disposal of special waste soil. Waste Characterization Sampling Waste characterization sampling will be required in order to meet facility acceptance requirements. As such, the owner s Environmental Professional will collect representative samples from the special waste soil for analysis by an independent, Maine-certified laboratory. 5 CREDERE ASSOCIATES, LLC

217 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 At a minimum, and in accordance with disposal facility requirements, laboratory criteria will include, but may not be limited to, the following analyses: Total petroleum hydrocarbons (TPH) Volatile organic compounds (VOC) Semi-volatile organic compounds (SVOC) Polychlorinated biphenyls (PCB) RCRA 8 Metals ph Ignitibility, conductivity, and reactivity (sulfide and cyanide) Additional toxicity characteristics leaching procedure (TCLP) analysis, where necessary Following the results of the above analyses, an appropriate disposal or recycling method will be selected and a soil disposal acceptance package should be prepared and submitted to the facility. Soil Transport and Recycling/Disposal Prior to shipment, an appropriate recycling or disposal application will be submitted to the selected facility to obtain acceptance approval. Following facility acceptance, impacted soil will be removed from the Site for proper recycling or disposal. The loading of impacted soil will be conducted in accordance with the requirements of this SMP/EMP. All impacted soil loading and transport activities will be overseen by the owner s Environmental Professional. All equipment used for the transport of impacted soil will be properly licensed in accordance with applicable state and federal regulations. Haul truck cargo areas shall be securely and completely covered during material transport on public roadways. Each shipment of impacted soil will be accompanied by appropriate transport documentation, such as a hazardous waste manifest or bill of lading. An official record of each shipment of impacted soil from the Site, including tonnage, will be presented to the owner s Environmental Professional following delivery to the receiving facility. 5. PROCEDURES FOR EXCAVATION THROUGH THE COVER SYSTEM The following are the procedures required when disturbing the soil cover system. See Figure 1 for limits of the cover system. It is assumed for the purposes of this Soil Management Plan that impacted soil will be encountered beneath the cover system. DEP Notification Prior to excavation, the Maine DEP must be notified in writing. This notification should include a description of the work to be completed and how the excavated material will be handled and managed. Applicable Natural Resource Protection Permits similar to those required for the initial work may be required depending on the nature of the required cover disturbance. 6 CREDERE ASSOCIATES, LLC

218 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 Personnel Training All excavated material beneath the cover system is assumed to be impacted soil and should be handled by personnel properly trained in handling hazardous materials in accordance with OSHA Disposal of Unsuitable Excavated Material Unsuitable excavated material (i.e. improper utility backfill, building debris, etc.) must be disposed of in one of the following manners: 1. Excavation is backfilled with excavated material, followed by a marker layer and then covered with a minimum of 12 inches of documented clean material; or 2. Excavated material is disposed off-site in accordance with applicable State and Federal rules, regulations and law. 6. EMERGENCY UTILITY REPAIR NOTIFICATION EXCEPTION Emergency repair of subsurface utilities (e.g., a water line break) below the marker layer may be performed without prior Maine DEP notification. However, the Maine DEP must be notified within 72 hours of the start of repair activities. Sections 2 through 5 of this plan still apply, to the extent practicable, during any emergency excavation and repair. 7. GROUNDWATER USE RESTRICTIONS The use of groundwater at the Site as a potable water source is prohibited. All potable water must be provided to the Site via a public water source. 8. INSPECTION AND MAINTENANCE PLAN This section outlines the inspection and maintenance plan for the soil cover. A copy of the SMP/EMP will be maintained by the City and should be filed in appropriate City files and provided to applicable City departments for ease of access when additional work is required. Rationale The cover system installed at the Site currently adequately addresses risk of exposure to contamination to Site occupants; however, due to the continued use of the Site, the cover system may degrade over time. Periodic and annual inspections and as needed maintenance will maintain the cover system and ensure continued risk reduction at the Site. Inspection Checklist The cover system at the Site should be inspected at a minimum on an annual basis. The purpose of the inspection is to ensure the performance of the soil cover system is maintained, as well as to provide a means of documenting the need to perform (or documenting completed) maintenance on the soil cover system. The inspection checklist to be filled out on an annual basis is included in Table 1. 7 CREDERE ASSOCIATES, LLC

219 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 General Maintenance To ensure the proper performance of the cover system, it is critical that the cover system be properly maintained. If during the annual inspection or during normal site operations, it is observed that the cover is eroded or damaged, then immediate action to repair the damage should be undertaken. This should include the placement of an additional marker layer and a minimum of 12 inches of suitable soil, and/or re-grading of area to reduce erosion. Maintenance required and performed should also be summarized on the inspection checklist in Table 1. Record Keeping An annual inspection report, documenting the general condition of the covered areas and any maintenance required or performed by the property owner, must be prepared and kept on file. The inspections will be conducted and recorded by the City of Biddeford Environmental Code Enforcement Office. The annual inspection documentation should also be made available for inspection by the Maine DEP upon request. 9. ANTICIPATED QUESTIONS The following are examples of anticipated questions and answers, and are provided as guidance to the grounds and maintenance staff and other potential users of the Site. Why are there restrictions on excavating at the Site? The Site is located in the area of historical industrial operations and these operations have resulted in soil that is contaminated. To minimize potential human exposure to the contaminated soil, there is a restriction on excavating soil. How do I know where on the grounds I am allowed to dig and where it is restricted? The areas of the Site depicted on Figure 1 should be considered a restricted area and notification to the DEP is required prior to any excavation through the cover system. Will a subcontractor hired to work at the Site need to comply with this Plan? Yes. Most contractors will be unaware that there is a restriction on digging on the Site. Anyone who is planning on digging at the Site will need to comply with this Plan and Maine DEP requirements. The property owner is responsible for notifying subcontractors of this Plan and its requirements. Why is there a groundwater restriction at the site? Groundwater at the Site has not been assessed for impacts associated with the impacted soil. To minimize potential human exposure to the potentially contaminated groundwater, there is a restriction on groundwater use. What is a groundwater use restriction? 8 CREDERE ASSOCIATES, LLC

220 Soil Management Plan/Environmental Management Plan Former FPL Site Laconia and York Street, Biddeford March 10, 2015 A groundwater use restriction means that no new groundwater extraction wells can be installed on the Site for potable water uses. If there ever becomes a need to lift this restriction a hydrogeologic study must be completed to confirm that the groundwater is acceptable to be utilized for potable uses. What is a hydrogeologic study? A hydrogeologic study is an investigation done by a qualified environmental consulting firm and approved by the Maine DEP to study the groundwater in an area. The investigation can involve such things as installing and sampling monitoring wells and computer modeling. If I have a question, who should I call? Depending on the complexity of the issue, the following people will be able to answer your questions or refer you to the right person. Former FPL Site Contact Information Site Soil/Environmental Management Plan Organization Person Phone Number Property Owner City of Biddeford Brian Phinney (207) Credere Associates, LLC Rip Patten (207) x35 Maine DEP Nick Hodgkins (207) If there are any questions, please contact the undersigned. Sincerely, Credere Associates, LLC Allison Drouin. Geologist Rip Patten, PE, LSP, LEED-AP Vice President Attachments: Figure 1 Extent of Soil Cover Table 1 Annual Soil Cover Inspection Checklist 9 CREDERE ASSOCIATES, LLC

221 CREDERE ASSOCIATES, LLC FIGURE 1 EXTENT OF SOIL COVER 40

222 TABLE 1 Former FPL Site ANNUAL SOIL COVER INSPECTION CHECKLIST Date: By: Weather: Erosion of soil cover observed in area? Y / N Observations: Marker layer exposed in any area? Y / N Observations: Significant settling observed? Y / N Observations: Unusual seeps or breakouts of liquids observed? Y / N Observations: Comments: Maintenance Required: Maintenance Completed: Date Maintenance Completed:

223 SECTION FILTER FABRIC PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Furnish all materials and install filter fabric of the types, dimensions and in the location(s) shown on the Drawings and specified herein. B. Related Work Specified Elsewhere: 2. Temporary Erosion Control, Riprap and Stone Ditch Protection, and Gabions and Revet Mattresses are specified in the appropriate sections of this Division. 1.2 QUALITY ASSURANCE A. A competent laboratory must be maintained by the manufacturer of the fabric at the point of manufacture to ensure quality control. B. During all periods of shipment and storage, the fabric shall be wrapped in a heavy duty protective covering to protect the fabric from direct sunlight, ultraviolet rays, temperatures greater than 140 o F, mud, dirt, dust and debris. 1.3 SUBMITTALS A. Manufacturer shall furnish certified test reports with each shipment of material attesting that the fabric meets the requirements of this Specification. PART 2 - PRODUCTS 2.1 MATERIALS A. Filter fabric for use in stabilization, drainage, underdrains, landscaping and beneath structures shall be formed in widths of not less than six (6) feet and shall meet the requirements of Table 1. Both woven and non-woven geotextiles are acceptable; however no "slit-tape" woven fabrics will be permitted for drainage, underdrain, and erosion control applications. 5/17/12

224 FILTER FABRIC Table 1 Geotextile Mechanical Property Test Method Minimum Permissible Value Grab Tensile Strength (both directions) ASTM D pounds Grab Elongation ASTM D percent Mullen Burst Strength ASTM D psi Puncture Strength ASTM D pounds Trapezoid Tear Strength ASTM D pounds Water Flow Rate ASTM D gal/min/sf Equivalent Opening Size (EOS) ASTM D4751 U.S. Std. Sieve #80 Coefficient of Permeability ASTM D cm/sec The geotextile shall have property values expressed in "typical" values that meet or exceed the values stated above as determined by the most recent test methods specified above. B. Filter fabric for use in reinforcement shall meet the requirements of Table 2. Woven and non-woven geotextiles are acceptable. Table 2 Geotextile Mechanical Property Test Method Minimum Permissible Value Grab Tensile Strength (both directions) ASTM pounds Grab Elongation ASTM D percent Mullen Burst Strength ASTM D psi Puncture Strength ASTM D pounds Trapezoid Tear Strength ASTM D pounds Equivalent Opening Size (EOS) ASTM D4751 U.S. Std. Sieve number(s) between #20 and #100 The geotextile shall meet or exceed the "typical" values stated above as determined by the most recent test methods specified above. C. Filter Fabric for use under riprap shall meet the requirements as specified in Section Riprap and Stone Ditch Protection. D. For Silt Fence, refer to Section Temporary Erosion Control. PART 3 - EXECUTION 3.1 Install filter fabric as shown on the drawings or as directed in appropriate specifications in this division or in accordance with manufacturer's instructions or as directed by the Engineer. END OF SECTION 5/17/12

225 SECTION TEMPORARY EROSION CONTROL PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. The work under this section shall include provision of all labor, equipment, materials and maintenance of temporary erosion control devices, as specified herein, as shown on the Drawings and as directed by the Engineer. 2. Erosion control measures shall be provided as necessary to correct conditions that develop prior to the completion of permanent erosion control devices, or as required to control erosion that occurs during normal construction operations. 3. Construction operations shall comply with all federal, state and local regulations pertaining to erosion control. 4. After awarding of or after being awarded the Contract, prior to commencement of construction activities, the Contractor will meet with the Engineer to discuss erosion control requirements and develop a mutual understanding relative to details of erosion control. B. Related Work Specified Elsewhere: 1. Site work is specified in appropriate sections of this Division. C. Design Criteria: 1. Conduct all construction in a manner and sequence that causes the least practical disturbance of the physical environment. 2. Stabilize disturbed earth surfaces in the shortest time and employ such temporary erosion control devices, as may be necessary, until such time as adequate soil stabilization has been achieved. 1.2 SUBMITTALS A. The Contractor shall furnish the Engineer, in writing, his work plan giving proposed locations for storage of topsoil and excavated material, before beginning construction. A schedule of work shall accompany the work plan. Acceptance of this plan will not relieve the Contractor of his responsibility for completion of the work as specified. PART 2 - PRODUCTS 2.1 MATERIALS A. Baled Hay: 1. At least 14" by 18" by 30" securely tied to form a firm bale, staked as necessary to hold the bale in place. B. Sand Bags: 1. Heavy cloth bags of approximately one cubic foot capacity filled with sand or gravel. C. Mulches: 5/17/12

226 TEMPORARY EROSION CONTROL 1. Loose hay, straw, peat moss, wood chips, bark mulch, crushed stone, wood excelsior, or wood fiber cellulose. 2. Type and use shall be as specified by the "Maine Erosion and Sedimentation Control Best Management Practices" prepared by the Maine DEP, herein after referred to as the BMP. D. Mats and Nettings: 1. Twisted Craft paper, yarn, jute, excelsior wood fiber mats, glass fiber and plastic film. 2. Type and use shall be as specified in the BMP. E. Permanent Seed: 1. Conservation mix appropriate to the predominant soil conditions as specified in the BMP and subject to approval by the Engineer. F. Temporary Seeding: 1. Use species appropriate for soil conditions and season as specified in the BMP and subject to approval by the Engineer. G. Water: 1. The Contractor shall provide water and equipment to control dust, as directed by the Engineer. H. Silt Fence: 1. Silt Fence shall be one of the commercially available brands, meeting the following requirements: Geotextile Mechanical Property Grab Tensile Strength (both directions) Test Method ASTM D-4632 Minimum Permissible Value 124 pounds Puncture Strength ASTM D pounds Apparent Opening Size ASTM D-4751 #30 Flow Rate ASTM D gal/min/ft CONSTRUCTION REQUIREMENTS A. Temporary Erosion Checks: 1. Temporary erosion checks shall be constructed in ditches and other locations as necessary. 2. Baled hay, sand bags or siltation fence may be used in an arrangement to fit local conditions. B. Temporary Berms: 1. Temporary barriers shall be constructed along the toe of embankments when necessary to prevent erosion and sedimentation. C. Temporary Seeding: Areas to remain exposed for a time exceeding 3 weeks shall receive temporary seeding as indicated below: 5/17/12

227 TEMPORARY EROSION CONTROL Season Seed Rate Summer (5/15-8/15) Sudangrass 40 lbs/acre Late Summer/Early Fall Oats (8/15-9/15) Annual Ryegrass 80 lbs/acre Fall (9/15-10/1) Winter Rye 40 lbs/acre Winter (10/1-4/1 Mulch w/dormant Seed 112 lbs/acre Spring (4/1-7/1) Oats 80 lbs/acre* Annual Ryegrass 80 lbs/acre 40 lbs/acre * seed rate only D. Silt Fence shall be supported by posts and installed per the manufacturer s recommendations. E. Mulch All Areas Receiving Seeding: Use either wood cellulose fiber mulch (750 lbs/acre); or straw mulch with chemical tack (as per manufacturer's specifications). Wetting for small areas may be permitted. Biodegradable netting is recommended in areas to be exposed to drainage flow. F. Erosion control matting for slopes and ditches shall be anchored with pegs and/or staples per manufacturer's recommendations. Contractor shall provide matting along the flowline of all ditches and swales having a longitudinal slope in excess of 0.01 ft/ft, and on all slopes in excess of 3(H) to 1(V). PART 3 - EXECUTION 3.1 INSTALLATION A. Temporary Erosion Checks: 1. Temporary erosion checks shall be constructed in ditches and at other locations designated by the Engineer. The Engineer may modify the Contractor's arrangement of silt fences, bales and bags to fit local conditions. 2. Baled hay, silt fences, or sandbags, or some combination, may be used in other areas, as necessary, to inhibit soil erosion. 3. Siltation fence shall be located and installed as shown on plans or as required to comply with all Federal, State and Local Regulations. 4. Sedimentation ponds shall be sited and constructed to the grades and dimensions as shown on the Drawings and will include drainage pipe and an emergency spillway. B. Erosion control matting for slopes and ditches shall be installed where indicated on the Drawings and as required to stabilize the soil until permanent vegetative stabilization is established. C. Maintenance: Erosion control features shall be installed prior to excavation wherever appropriate. Temporary erosion control features shall remain in place and shall be maintained until a satisfactory growth of grass is established. The Contractor shall be responsible for maintaining erosion control features throughout the life of the construction contract. Maintenance will include periodic inspections by the Owner or Engineer for effectiveness of location, installation and condition with corrective action taken by the Contractor, as appropriate. 5/17/12

228 TEMPORARY EROSION CONTROL D. Removing and Disposing of Materials: 1. When no longer needed, material and devices for temporary erosion control shall be removed and disposed of upon approval by Engineer. 2. When removed, such devices may be reused in other locations, provided they are in good condition and suitable to perform the erosion control for which they are intended. 3. When dispersed over adjacent areas, the material shall be scattered to the extent that it causes no unsightly conditions nor creates future maintenance problems. 4. Sedimentation basins, if no longer required, will be filled in, the pipe removed, the surface loamed and grass cover shall be established. END OF SECTION 5/17/12

229 SECTION RIPRAP AND STONE DITCH PROTECTION PART 1 - GENERAL 1.1 DESCRIPTION A. This work consists of furnishing all plant, labor, equipment, and materials and performing all work necessary to place a protective covering of erosion-resistant material on the slopes of embankments, spillways, streambanks, slopes of channels, or as directed by the Engineer. The work shall be done in accordance with these Specifications and in conformity with the lines and grades shown on the Drawings or established by the Engineer. B. Types of riprap included in this specification: 1. Riprap - Riprap consists of stone dumped in place on a prepared slope of either a filter blanket or a filter fabric backing to form a well-graded mass with a minimum of voids. 2. Filter Blanket - A filter blanket consists of one or more layers of graded material placed on the bank before placing the riprap in order to prevent the bank material from passing through the riprap protection. The thickness and gradation of filter blanket will be shown on the plans. 3. Filter Fabric Backing - A filter fabric backing consists of a filter fabric overlain by a layer of coarse aggregate placed on the bank before placing the riprap to prevent the bank material from passing through the riprap protection. Filter fabric backing shall be used in lieu of a filter blanket where specifically called for on the plans or where approved by the Engineer. PART 2 - PRODUCTS 2.1 MATERIALS A. Definition of the materials: 1. Riprap: a. Stone used for riprap shall be hard, durable, angular in shape; resistant to weathering and to water action; free from overburden, spoil, shale and organic material; and shall meet the gradation requirements for the class specified. Neither breadth nor thickness of a single stone should be less than one-third its length. Rounded stone or boulders shall not be accepted without written permission of the Engineer. Broken concrete may be substituted for stone with written authorization of the Engineer. Shale and stone with shale seams are not acceptable. The minimum weight of the stone shall be l55 pounds per cubic foot as computed by multiplying the specific gravity (bulksaturated-surface-dry basis, AASHTO Test T 85) times 62.3 pounds per cubic foot. b. Each load of riprap shall be reasonably well graded from the smallest to the maximum size specified. Stones smaller than the specified l0 percent size and spalls shall not be permitted in an amount exceeding l0 percent by weight of each load. 6/03/02

230 RIPRAP AND STONE DITCH PROTECTION 2. Filter Blanket - The filter blanket shall consist of one or more layers of screened gravel of the thickness as shown on the plans. The gradation of materials in the filter blanket shall be as shown on the Drawings. All material comprising the filter blanket shall be composed of tough, durable particles, reasonably free from thin, flat and elongated pieces, and shall contain no organic matter nor soft, friable particles in quantities in excess of those approved by the Engineer. 3. Filter Fabric Backing: a. Coarse Aggregate: 1) The coarse aggregate shall be composed of tough, durable particles, reasonably free from thin, flat, and elongated pieces, and shall contain no organic matter nor soft, friable particles in quantities in excess of those approved by the Engineer. b. Filter Fabric: 1) The filter fabric shall be formed in widths of not less than six (6) feet. 2) A competent laboratory must be maintained by the producer of the fabric at the point of manufacture to insure quality control. During all periods of shipment and storage, the fabric shall be maintained, wrapped in a heavy duty protective covering to protect the fabric from direct sunlight, ultraviolet rays, temperatures greater than 140 F, mud, dirt, dust and debris. 3) The vendor shall furnish certified test reports with each shipment of material attesting that the fabric meets the requirements of this Specification. TABLE 1 REQUIREMENTS FOR FILTER FABRIC Test Method Requirements Breaking Load & Elongation Weight Change in Water Bursting Strength ASTM D 1682, Grab Test Method, constant rate of travel 12" per minute. CRD-C 575 or 6631 in Fed. Std. ASTM D751, using Diaphragm Bursting Tester Tensile Strength: 200 lbs any direction. Less than 1% 400 lbs. per square inch Puncture Strength ASTM D751, modified 120 lbs. Seam Breaking Strength Abrasion Resistance Strength:* ASTM D 1683, 1" square jaws, constant rate of traverse 12" per min. ASTM D1175, modified 180 lbs. Tensile 55 lbs. 6/03/02

231 RIPRAP AND STONE DITCH PROTECTION Test Method Requirements Percent of Open Area Not less than 5% Equivalent Opening Size U.S. Standard Sieve No. 70 Permeability Specific Gravity Weight 0.02 to 0.3 cm/sec Approximately.05 lb/sq/ft. Seam sewn with polypropylene thread at point of manufacture Packaged in burlap * Tensile strength determined by Breaking Load & Elongation by the method stated in the first listing of Table 1. B. Gradation of Coarse Aggregate for Filter Fabric Backing: C. Gradation of Riprap Stone: Sieve Size % Passing By Weight 2-1/2" 100 2" " /2" No % of Total Weight Size of Stone Smaller Than The Given Size Class I 100 lb lb lb lb. 10 Class II 700 lb lb lb lb. 10 Class III 2,000 lb ,400 lb lb lb. 10 6/03/02

232 RIPRAP AND STONE DITCH PROTECTION PART 3 - EXECUTION 3.1 CONSTRUCTION DETAILS A. Slopes to be protected by riprap shall be free of brush, trees, stumps, and other objectionable material and be dressed to a smooth surface. All soft or spongy material shall be removed to the depth shown on the Drawings or as directed by the Engineer and replaced with approved material. Filled areas will be compacted thoroughly. A toe trench as shown on the Drawings shall be dug and maintained until the riprap is placed. 1. Riprap a. Stone for riprap shall be placed on the prepared slope or area in a manner which will produce a reasonably well- graded mass of stone with the minimum practicable percentage of voids. The entire mass of stone shall be placed in conformance with the lines, grades, and thicknesses shown on the Drawings. Riprap shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the underlying material. Placing of riprap in layers, or by dumping into chutes, or by similar methods likely to cause segregation will not be permitted. b. The larger stones shall be well distributed and the entire mass of stone shall conform to the gradation specified on the Drawings. All material going into riprap protection shall be so placed and distributed so that there will be no large accumulations of either the larger or smaller sizes of stone. c. It is the intent of these Specifications to produce a compact riprap protection in which all sizes of material are placed in their proper proportions. Hand placing or rearranging of individual stones by mechanical equipment may be required to the extent necessary to secure the results specified. d. Unless otherwise authorized by the Engineer, the riprap protection shall be placed in conjunction with the construction of the embankment with only sufficient lag in construction of the riprap protection as may be necessary to allow for proper construction of the portion of the embankment protected and to prevent mixture of embankment and riprap. The riprap protection shall be maintained until accepted, and any material displaced by any cause shall be replaced. e. Riprap stone shall not be dropped from a height greater than one foot onto the filter blanket. 2. Filter Blanket: a. A filter blanket shall be placed on the prepared slope or area to the full specified thickness using methods which will not cause segregation of particle sizes within the bedding. The surface of the finished layer should be reasonably even and free from mounds or windrows. 3. Filter Fabric Backing: a. A filter fabric shall be placed in the manner and at the locations shown in the Drawings or as directed by the Engineer. At the time of installation, fabric shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or 6/03/02

233 RIPRAP AND STONE DITCH PROTECTION storage. The fabric shall be placed with the long dimension parallel to the centerline of the channel or shoreline unless otherwise directed by the Engineer, and shall be laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 36 inches of overlap for each joint. Overlap joints and seams shall be measured as a single layer of cloth. Securing pins with washers shall be inserted through both strips of overlapped cloth at not greater than the following intervals along a line through the midpoint of the overlap. Pin Spacing Slope 2 feet Steeper than 3:1 3 feet 3:1 to 4:1 5 feet Flatter than 4:1 The fabric shall be turned down and buried two (2) feet at all exterior limits. b. Additional pins regardless of location shall be installed as necessary to prevent any slippage of the filter fabric. The fabric shall be placed so that the upstream strip of fabric will overlap the downstream strip. Should the Engineer direct that the fabric be placed with the long dimension perpendicular to the centerline of the channel or shoreline, the lower strip of fabric shall overlap the next higher strip. Each securing pin shall be pushed through the fabric until the washer bears against the fabric and secures it firmly to the foundation. The fabric shall be protected at all times during construction from contamination by surface runoff and any fabric so contaminated shall be removed and replaced with uncontaminated fabric. Any damage to the fabric during its installation or during placement of riprap shall be replaced by the Contractor. The work shall be scheduled so that the filter blanket shall be covered with riprap as soon as possible following filter blanket placement. Any damage to the filter material during placement of riprap shall be corrected prior to proceeding with the work. c. Securing pins for anchoring filter fabric shall be 3/16 inch steel bars, pointed at one end and fabricated with a head to retain a steel washer having an outside diameter of not less than 1.5 inches. The length of the pin shall not be less than 18 inches. d. A layer of coarse aggregate shall be placed on the filter fabric to the full specified thickness using methods which will not cause segregation of particle sizes. The surface of the finished layer shall be reasonably even and free from mounds or windrows. END OF SECTION 6/03/02

234 SECTION CATCH BASINS, GRATES AND FRAMES PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: Construct catch basins, grates, frames and brick masonry in conformance with the dimensions and locations shown on the Drawings. B. Related Work Specified Elsewhere: (Where applicable) 1. Pipe, trench excavation and backfill, paving and dewatering are specified in the appropriate Sections in this Division. 1.2 QUALITY ASSURANCE A. Precast Catch Basin Base, Barrel and Top Sections: 1. Conform to ASTM C except as modified herein, on the Drawings, or as directed by the Engineer. 2. Average strength of 4,000 psi at 28 days 3. Testing: a. Determine concrete strength by tests on 6 inch by 12 inch vibrated test cylinders cured in the same manner as the bases, barrels and tops. b. Have tests conducted at manufacturer's plant or at an approved testing laboratory. c. Have not less than 2 tests made for each 100 vertical feet of precast catch basin sections. B. Frames and Covers: 1. Acceptable Manufacturers: a. EJ Group, Inc. b. Neenah Foundry Company c. Or equivalent. C. Masonry: 1. Brick: Shall comply with the ASTM Standard Specifications for Sewer Brick (made from clay or shale), Designation C32, for Grade SS, hard brick. 2. Cement: ASTM C Hydrated Lime: ASTM C Sand: ASTM C SUBMITTALS TO THE ENGINEER A. Submit shop Drawings and manufacturer's literature in conformance with the Standard General Conditions of the Construction Contract. B. Bases, Barrel Sections and Tops: Submit test results and receive approval from the Engineer prior to delivery to the site. 1/8/15

235 CATCH BASINS, GRATES AND FRAMES PART 2 - PRODUCTS 2.1 PRECAST CATCH BASIN SECTIONS A. Dimensions, as shown on the Drawings. B. Use flat tops or eccentric cones as appropriate. Exterior face of cone sections shall not flare out beyond the vertical. C. Joints: Bell-and-spigot or tongue-and-groove formed on machine rings to insure accurate joint surfaces. D. Constructed to support an HS-20 wheel loading. E. Openings: 1. Provide openings in the risers to receive pipes entering the catch basin of the types and materials approved by the Engineer. 2. Make openings at the manufacturing plant or cut openings in the field. 3. Size: To provide a uniform annular space between the outside wall of pipe and the riser. 4. Location: To permit setting of the entering pipes at the correct elevations. F. Joints: 1. Joint gaskets to be flexible self seating butyl rubber joint sealant installed according to manufacturer's recommendations. For cold weather applications, use adhesive with joint sealant as recommended by manufacturer. 2. Acceptable Materials: a. Kent-Seal No. 2 b. Ram-Nek c. Or equivalent. 3. Joints between precast sections shall conform to related standards and manufacturer's instructions. 2.2 FRAMES AND GRATES A. All essential details of design shall conform to the Drawings. Standard castings differing in non-essential details may be approved by the Engineer. B. All frames and grates shall be made of cast iron and shall have machined bearing surfaces to prevent rocking under traffic. C. Grate castings will be smooth with no sharp edges. D. Constructed to support an HS-20 wheel loading. E. Grates shall be Neenah Foundry Heavy Duty Grate Serves R-3210 with Grate Type Q, or approved equal. 2.3 MASONRY A. Brick: 1. Sound, hard, uniformly burned, regular and uniform in shape and size, compact texture, and satisfactory to the Engineer. 2. Immediately remove rejected brick from the work. B. Mortar: 1. Composition (by volume): a. 1 part portland cement. b. 1/2 part hydrated lime. c. 4-1/2 parts sand. 1/8/15

236 CATCH BASINS, GRATES AND FRAMES 2. The proportion of cement to lime may vary from 1:1/4 for hard brick to 1:3/4 for softer brick, but in no case shall the volume of sand exceed 3 times the sum of the volume of cement and lime. C. Cement: 1. Shall be Type II portland cement. D. Hydrated Lime: 1. Shall be Type S. E. Sand: 1. Shall consist of inert natural sand. 2. Grading: PART 3 - EXECUTION Sieve Percent Passing No No No No No No No PERFORMANCE A. Precast Catch Basin Sections: 1. Perform jointing in accordance with manufacturer's recommendations and as approved by the Engineer. 2. Install barrels and tops level and plumb. 3. Make all joints water tight. 4. Solidly fill annular spaces around pipes entering the catch basin with nonshrink grout or other material approved by the Engineer. 5. Cut openings (as required) carefully to prevent damage to barrel sections and tops. Damaged barrel sections and tops shall be replaced by the Contractor at no additional expense to the Owner. B. Pipe Connections to Catch Basins: Connect pipes to catch basins with joint design and materials approved by the Engineer. C. Masonry: 1. Laying Brick: a. Use only clean bricks in brickwork for catch basins. b. Moisten the brick by suitable means until they are neither so dry as to absorb water from the mortar or so wet as to be slippery when laid. c. Lay each brick in a full bed and joint of mortar without requiring subsequent grouting, flushing, or filling, and thoroughly bond as directed. d. Construct all joints in a neat workmanlike manner, construct the brick surfaces inside the manholes so they are smooth with no mortar extending beyond the bricks and no voids in the joints. Maximum mortar joints shall be 1/2 inch. 1/8/15

237 CATCH BASINS, GRATES AND FRAMES 2. Curing: a. Protect brick masonry from drying too rapidly by using burlaps which are kept moist, or by other approved means. b. Protect brick masonry from the weather and frost as required. D. Frames and Grates: 1. Set all frames in a full bed of mortar, true to grade and concentric with the catch basin opening. 2. Completely fill all voids beneath the bottom flange to make a watertight fit. 3. Place a ring of mortar at least one inch thick around the outside of the bottom flange, extending to the outer edge of the catch basin all around its circumference. 4. Clean the frame seats before setting the covers in place. E. Bedding and Backfilling: 1. Bedding material of catch basin shall be 6 inches of screened stone (see Section 02200). 2. Backfill 18 inches all around catch basin with gravel borrow. END OF SECTION 1/8/15

238 SECTION SITE AND STREET FURNISHINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Perform the following items of work required to complete the work of this section as shown on the Drawings and specified herein: a. Furnish and install trash containers as per manufacturer's instructions and the Drawings. b. Clean and Install city-owned salvaged granite blocks as per the Drawings. c. Furnish and install steel handrail and gates as per manufacturer s instruction and the Drawings. B. Related Work Specified Elsewhere: 1. The following work shall be performed under the designated sections: excavation and backfill, borrow and bedding, cast-in-place concrete, granite, brick paving, play equipment, miscellaneous metals, painting. 1.2 SUBMITTALS A. The Contractor will submit Shop Drawings of guard rail, railings and gates in accordance with the General Conditions of the Construction Contract. PART 2 - PRODUCTS 2.1 SITE IMPROVEMENT MATERIALS A. Decorative Railings 1. Contractor shall familiarize themselves with details of railing system constructed located on the adjacent Mill at Saco Falls parcel, and shall match decorative look of these railing systems to the extent feasible.. 2. Railings: Railings shall be located as denoted on the plans. a. Railing Type A Lower Plaza Area: Railings along the lower plaza area building shall be 42-inches in height. Railings shall be provided with 4- inch picket spacing. Railing Type A shall be installed as individual sections allowing for removal of each segment individually. Modified mounting details are as noted on the plans for this installation. b. Railing Type B Upper Plaza Area: Railings along the upper plaza area shall by 42-inch in height and shall match existing decorative railings on the adjacent property. 3. Gates: Two 5-foot gate sections shall be located as denoted on the plans. Gates shall be fabricated to match existing fence line and shall have an integral locking mechanism (pad lock or exterior mounted locking system will not be acceptable). Locks shall be keyed to match key system to be provided by Mills at Saco Falls A

239 SITE AND STREET FURNISHINGS 4. Bases shall be manufacturers standard cast pedal base and shall be secured in accordance with manufacturers recommendations. 5. All materials shall be painted steel in accordance with specification section 09900, color black, semi-gloss finish. B. Steel handrail (at stairs): 1. All welded joints to be ground smooth with no visible sign of weld after painting. 2. Entire rail to be painted in accordance with specification section 09900, color black. 3. Steel handrail at stairs shall include anti-skateboard guards installed every four-feet. C. Salvaged Weathered Granite Blocks for Retaining Walls, Seatwalls, Seating Area and Seat Benches: 1. Install per drawings and details. 2. Salvaged Granite Blocks are owned by the City of Biddeford and available for use in the project. 3. Materials are currently stored and stockpiled at the City s Diamond Match property. Contractor shall be responsible for review of stockpiled material (with Owner and Engineer), selection of appropriate blocks for use within the project, loading materials from the stockpile area and transport to the project area for incorporation into the project. 4. Contractor shall cut and fit salvaged materials as necessary to limit gaps between the face of material to 1-inch. 5. Asphalt, mortar and all other foreign materials and stains shall be removed from the salvage granite pavers. Sand blasting is not permitted. D. Bollards: 1. Install bollards at locations as noted on the plans and in conformance with manufacturer s recommendations including base installation and mounting instructions. 2. Bollards shall be fixed. Fixed bollards shall be 36-inch tall with inch diameter round top Traffic Guard, Heavy Traffic: Model # RP6660R or approved equal. 3. Color shall be Black finish with white reflective warning labels. 4. Bollards shall be installed in accordance with manufacturer s recommendations. E. Trash Containers: Aluminum Plainview Litter receptacle by Landscapeforms, Kalamazoo, Michigan. 1. Two trash containers shall be provided and installed in a location as directed by Owner. 2. Frame/Side panels: Aluminum; paint color: Panguard II powdercoat: Black. 3. Anchor bolts, shims, epoxy grout shall be furnished and installed by the contractor as per manufacturer's instructions. 4. Provide optional metal liner (approximately 35 gallons). 5. Provide rotomolded black polyethylene top opening lid. END OF SECTION 13122A

240 SECTION LANDSCAPING PART l - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Perform the following items of work as required to complete the work of this section as shown on the Drawings and as specified hereunder: a. Spread stockpiled topsoil and furnish and spread any additional topsoil, required to meet the requirements of this section. b. Furnish and sow grass seed/or sod in all areas within the work area to the extent indicated on the Drawings, and in existing grass areas which have been damaged or disturbed by the work of this Contract. c. Furnish and install plant materials in all areas within the work area as indicated on the Drawings. d. Provide maintenance services as specified hereunder. 2. Examine all other sections of the Specifications and all Drawings for the relationship of the work under this section and the work of other trades. Cooperate with all trades in performing the work under this section. 1.2 SUBMITTALS AND TESTING A. Seed: l. Furnish the Engineer with duplicate signed copies of a statement from the vendor, certifying that each container of seed delivered to the project site is fully labeled in accordance with the Federal Seed Act and is at least equal to the specification requirements. 2. This certification shall appear in, or with, all copies of invoices for the seed. 3. Each lot of seed shall be subject to sampling and testing, at the discretion of the Engineer, in accordance with the latest rules and regulations under the Federal Seed Act. B. Topsoil: l. Inform the Engineer, within 30 days after the award of the Contract, of the sources from which the topsoil is to be furnished. It is the intent of this section that all topsoil which can be recovered from the site shall be used. Furnish additional topsoil as required. 2. Obtain representative soil samples, taken from several locations in the area under consideration for topsoil removal, to the full stripping depth. 3. Have soil samples tested by an independent soils testing laboratory, approved by the Engineer, at the Contractor's expense. 4. Have soil samples tested for physical properties and ph (or lime requirement), for organic matter, available phosphoric acid, and available potash, in accordance with standard practices of soil testing for agricultural use. 5. Approval, by the Engineer, to use topsoil for use in the work will be dependent upon the results of the soils tests B

241 LANDSCAPING C. Lime and Fertilizer: l. Furnish the Engineer with duplicate copies of invoices for all lime and fertilizer used on the project showing the total minimum carbonates and minimum percentages of the material furnished that pass the 90 and 20 mesh sieves and the grade furnished. 2. Each lot of lime and fertilizer shall be subject to sampling and testing at the discretion of the Engineer. 3. Sampling and testing shall be in accordance with the official methods of the Association of Official Agricultural Chemists. 4. Upon completion of the project, a final check may be made comparing the total quantities of fertilizer and lime used to the total area seeded. If the minimum rates of application have not been met, the Engineer may require the Contractor to distribute additional quantities of these materials to meet the minimum rates. 1.3 DELIVERY, STORAGE AND HANDLING A. Seed: 1. Furnish all seed in sealed standard containers, unless exception is granted in writing by the Engineer. 2. Containers shall be labeled in accordance with the United States Department of Agriculture's rules and regulations under the Federal Seed Act in effect at the time of purchase. B. Fertilizer: 1. Furnish all fertilizer in unopened original containers. 2. Containers shall be labeled with the manufacturer's statement of analysis. 1.4 JOB CONDITIONS A. Topsoil: 1. Do not place or spread topsoil when the subgrade is frozen, excessively wet or dry, or in any condition otherwise detrimental, in the opinion of the Engineer, to the proposed planting or to proper grading. B. Seeding and Planting: 1. Work Seasons - Perform seeding and planting work only between the dates of 1 May to 20 June and 15 August to 1 October, except as otherwise directed in writing by the Engineer. 2. Weather Conditions: a. Do not perform seeding work when weather conditions are such that beneficial results are not likely to be obtained, such as drought, excessive moisture, or high winds. b. Stop the seeding work when, in the opinion of the Engineer, weather conditions are not favorable. c. Resume the work only when, in the opinion of the Engineer, conditions become favorable, or when approved alternate or corrective measures and procedures are placed into effect B

242 LANDSCAPING PART 2 - PRODUCTS 2.1 MATERIALS FOR GRADING AND SEEDING A. Topsoil: 1. Fertile, friable, natural topsoil typical of the locality, without admixture of subsoil, refuse or other foreign materials and obtained from a well-drained site. Mixture of sand, silt, and clay particles in equal proportions. 2. Free of stumps, roots, heavy of stiff clay, stones larger than 1-inch in diameter, lumps, coarse sand, weeds, sticks, brush or other deleterious matter. 3. Not less than 4 percent nor more than 20 percent organic matter. 4. Topsoil depth shall be 4-inches, unless otherwise indicated. B. Fertilizer: 1. Fertilizer shall be used to counteract soil deficiencies as indicated by the soil analysis and as approved by the Engineer. It should be a complete fertilizer, a standard product complying with the state and federal fertilizer laws, part of the elements of which are derived from organic sources, containing the following percentages by weight: Nitrogen 10N - Minimum 75 percent organic Phosphorus 6 P - Potash 4 K - The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed statement of analysis, or a manufacturer's certificate of compliance covering analysis shall be furnished to the Engineer. The fertilizer shall be spread at the rate of 17 to 20 lbs/1000 sq-ft. C. Lime: 1. Provide lime which is ground limestone containing not less than 85 percent of total carbonate and of such fineness that 90 percent will pass a No. 20 sieve and 50 percent will pass a No. 100 sieve. 2. Coarser materials will be acceptable provided the specified rates of application are increased proportionately on the basis of quantities passing a No. 100 sieve. No additional payment will be made to the Contractor for the increased quantity. D. Soil Enrichers: 1. They shall be one of the following materials: a. Peat Moss - Finely shredded and consisting of not less than 90 percent organic matter. b. Sawdust - rotten. 2. They shall be natural and suited to horticultural use. They shall not contain lumps, roots or other foreign matter over two inches in diameter. They shall be free from noxious weeds, seeds and other elements harmful to lawns. They shall be subject to inspection approval by the Engineer at the source and upon delivery and shall contain not more than 35 percent moisture by weight at the time of incorporation into the soil. E. Mulch for Hydro Seeding: 1. Mulch material shall meet the following requirements: 11541B

243 LANDSCAPING a. Hay or straw - Hay or straw mulch shall consist of long fibered hay or straw, reasonably free from noxious weeds or other undesirable material. No material shall be used which is so wet, decayed, or compacted as to inhibit even and uniform spreading. No chopped hay, grass clippings or other short fibered material shall be used unless directed. b. Wood cellulose fiber - Wood cellulose fiber mulch shall consist of natural wood cellulose fiber containing no materials which will inhibit seed germination or plant growth. Sufficient non-toxic water soluble green dye shall be added to provide a definite color contrast to the ground surface to aid in even distribution. Wood fiber mulch shall be supplied in uniform packages not exceeding 100 pounds each. Each package shall be marked to show the air dry weight. F. Mulch Binder for Hydroseeding: 1. Material for mulch binder shall be emulsified asphalt. a. Emulsified asphalt mulch binder shall be a type acceptable to the Engineer and may be diluted with water to assure even distribution. G. Grass Seed Mixture 1. Fresh, clean, new crop seed. Seed may be mixed by an approved method on the site, or may be mixed by the dealer. If the seed is mixed on the site, each variety shall be delivered in the original containers which shall bear the dealer's guaranteed statement of the composition of the mixture and the percentage of purity of each variety. The Dealers Guarantee Statement shall be delivered to the Engineer. 2. Grass seed shall be composed of the following varieties which shall be mixed in the proportions and shall test to 80 percent minimum purity, and 80 percent germination. Percent Proportion by Weight: a. Lawn Areas: 1) Kentucky 31 Fescue - 25 percent. 2) Chewing Fescue - 15 percent. 3) Creeping Red Fescue - 15 percent. 4) Pennfine Perennial Rye - 25 percent. 5) Lynn Perennial Rye - 10 percent. 6) Common Annual Rye - 10 percent. H. Sod: 1. Preferable two year growth, at least 85 percent weed-free, solid landscaping sod composed of perennial fescues, Kentucky bluegrass's. Submit one 12 by 12 inch piece of sod, with source location, for approval of the Engineer, before ordering sod for the work. 2.2 MATERIALS FOR PLANTING A. Water: 1. The Contractor shall arrange and pay for water required for the planting. Water shall be clean and suitable for domestic consumption B

244 LANDSCAPING B. Manure: 1. Manure shall be well rotted, unleached, horse or cow manure or a combination of both. It shall be free from any chemicals used to hasten decomposition artificially, or any other injurious substance. 2. Manure shall be at least nine months old and not more than two years old, free from sawdust, hay, tanbark or wood shavings, or refuse of any kind. Manure shall consist of not more than 25 percent straw or other acceptable material. C. Stakes shall be white cedar or approved equal, of size and length as shown on the Drawings. D. Hose for guying shall be new black or green two-ply fiber garden hose, not less than 1/2 inch inside diameter. Seconds rejected by the factory are acceptable. E. Burlap for wrapping shall be first quality burlap at least eight ounces in weight and six inches in width. F. Wire for tree guys shall be galvanized annealed steel wire, No. 14 gauge, as detailed. G. Tree paint shall be waterproof, adhesive and elastic, free from kerosene, coal tar creosote or any other material injurious to the life of the trees. Tree paint shall contain an antiseptic. H. Pine bark mulch shall be clean, shredded, free of weeds, seeds, insects and extraneous materials. I. Plant Materials: 1. Plant materials shall conform to American Standard for Nursery Stock (April 15, 1951), sponsored by the American Association of Nurserymen, Inc., Standard Plant Names (1942) shall be the authority for plant names. Plant materials shall be of standard quality true to name and type and first class representatives of their species or variety. 2. All plants shall conform to the varieties specified in the Plant List. No substitutions will be permitted unless approved in writing by the Engineer. Each bundle of plants and all separate plants shall be properly identified by name on legible, waterproof labels, securely attached thereto before delivery to the site. 3. Plant materials shall be free of damage as a result of handling and transportation. 4. All plant material shall be certified by the supplier to be free of disease and infestation. 5. All plants shall be subject to approval at their source prior to shipment. The Contractor shall accompany the Engineer to inspect the materials, and shall request such inspection at least one week in advance. 6. All plants shall be typical of their species or variety and shall have a normal habit of growth. They shall be first quality, sound, healthy, vigorous, well branched and densely foliated. They shall be free of disease, insect pests, eggs or larvae, and shall have healthy, well furnished root systems. Plants lacking compactness or proper proportions, and plants injured by too close planting in nursery rows will not be accepted. 7. All plants shall conform to the measurements specified in the Plant List. Measurements specified shall be the minimum acceptable for each variety B

245 LANDSCAPING Plants that meet these requirements specified, but do not possess a normal balance between height and spread, will not be accepted. Plants shall not be pruned prior to delivery. 8. All plants and all tree trunks shall be measured when the branches are in their normal position. Dimensions noted for height and spread refer to the main body of the plant, and not from branch tip to branch tip. Height is defined as the approximate dimension from ground to top of last year's growth. Top spread is defined as the approximate spread to top or principal width. The height of tree trunks need not be specified if the required height can be obtained by pruning the lower branches without leaving unsightly scars or otherwise damaging the trunk. Shade trees shall be free of branches up to five feet, with a single leader, well branched and reasonably straight stems. No trees which have had their leaders cut, or are so damaged that cutting is necessary, will be accepted. Trees which had their tops cut off some years previous will only be acceptable if the scar has not decayed. No trees with cut off tops will be accepted unless corrective surgery has been performed so as to effect a complete healing of the stem. 9. Caliper of trees shall be measured one foot above ground. 10. Plants larger in size than those specified in the Plant List may be provided if approved by the Owner or the Engineer, but the use of larger plants shall not increase the cost of the Contract. If the use of larger plants is approved, the ball of earth or spread of roots shall be increased in proportion to the size of the plant. If plants required to be bare rooted are furnished in sizes greater than specified, they shall be balled and burlapped. 11. All trees shall have straight trunks with single leader intact. There shall be no abrasion of the bark and no fresh cuts of limbs over 1-1/4 inch which have not completely callused over. 12. All plants shall be grown in nurseries and cultivated, sprayed, pruned, and fertilized annually in accordance with good horticultural practice. All plants shall have been grown under climatic conditions similar to those in the locality of the project, or shall have been acclimated to the conditions of the locality for at least two years. 13. All plants shall be freshly dug; neither heeled in plants nor plants from cold storage will be accepted. All plants shall have been transplated or root pruned at least once in the past three years. Balled and burlapped plants shall come from soil which will hold a firm ball. 14. Plants marked "B&B" in the Plant List shall be adequately balled and burlapped with firm natural balls of soil, of diameter of sufficient depth to include all the roots. No plant required to be balled and burlapped shall be accepted if the ball is cracked or broken either before or during the process of planting, or when burlap, stakes, ropes or platform required in this connection have been removed. 15. All plants shall be handled so that the roots are adequately protected at all times. During shipment all plants shall be properly protected by a tarpaulin or other suitable covering B

246 LANDSCAPING No plants shall be so bound with rope or wire at any time so as to damage the bark, break branches, or destroy its natural shape. All balled and burlapped plants which cannot be planted immediately on delivery shall be set on the ground and well protected with soil or other acceptable material including watering. Until planted, all material shall be properly maintained. 2.3 STORAGE OF MATERIAL A. Materials such as fertilizers, ground limestone, etc. shall be stored in weatherproof storage areas and in such a manner that their effectiveness will not be impaired. PART 3 - EXECUTION 3.1 PREPARATION A. Equipment: 1. Provide all equipment necessary for the proper preparation of the ground surface and for the handling and placing of all required materials. 2. Demonstrate to the Engineer that the equipment will apply materials at the specified rates. B. Subsoil Preparation: 1. Before spreading topsoil, the subgrade shall be raked by approved means. Remove all stones greater than four inches and all debris or rubbish to a depth of six inches. Such materials shall be removed from the site. C. Screening: 1. All topsoil shall be screened clear of all stones greater than one inch, sticks, plants, and all other foreign materials before being spread. 2. During the screening of topsoil, commercial fertilizers and lime as required by the soil analysis shall be mixed with the topsoil so that they are evenly distributed throughout the screened topsoil. 3. At the completion of this operation, topsoil is referred to as improved topsoil for the purpose of this specification and the Drawings. 3.2 SEED AND SOD BED PREPARATION A. Spread improved topsoil uniformly over subgrade and all areas where the existing grade has been changed and areas disturbed by construction operations except for those areas indicated on the site plans to be paved. No subsoil, topsoil, or improved topsoil shall be handled in any way when in a wet or frozen condition. B. Fine rake surface to receive seed or sod. C. After natural settlement and a light rolling, the completed work shall conform to the lines, grades, pitches, and spot elevations shown on the plans. D. Seeding may be done immediately thereafter, provided the seed bed has remained in a good friable condition and has not become wet. 3.3 SEASON A. Do all seeding work within the dates herein specified. B. If special conditions exist which may warrant a variance in the above dates, submit a written request to the Engineer stating the conditions and proposed variance B

247 LANDSCAPING Permission for the variance will be given if, in the opinion of the Engineer, the variance is warranted. C. If seeding is authorized between May 15 and August 15, annual rye shall be sown separately in addition to the specified seed mix. Sow at the rate of six to eight pounds per 1000 square feet. 3.4 SEEDING AND SODDING A. Immediately before seeding and sodding, the ground shall be restored as necessary to a loose friable condition by discing or other approved method to a depth of not less than two inches. The surface shall be cleared of all debris and of all stones one inch or more in diameter. B. Seed all areas to be seeded with the specified grass seed, sowing evenly with an approved mechanical seeder at the rate specified in the seed mix schedule. Sow one half the seed in one direction and the other half at right angles to the first seeding. Cultipacker or approved similar equipment may be used to cover the seed and to firm the seed bed in one operation. In areas inaccessible to Cultipacker, the seeded ground shall be lightly raked and rolled in two directions with a water ballast roller. Extreme care shall be taken during seeding and raking to insure that no change shall occur in the finished grades and that the seed is not raked from one spot to another. C. The hydraulic spray method of sowing seed may be used where approved by the Engineer. This work shall be done with an approved machine operated by a competent crew. Seed and fertilizing materials shall be mixed with water in the tank of the machine and kept thoroughly agitated so the materials are uniformly mixed and suspended in the water at all times during operation. The spraying equipment must be designed and operated to distribute seed and fertilizing materials evenly and uniformly on the designated areas at the required rates. If the Engineer finds the application uneven or otherwise unsatisfactory, he may require the hydraulic spray method to be abandoned and the balance of the work done as specified herein. Seed must be lightly raked into the surface of the soil unless seeding is to be followed within 24 hours by mulching. 1. Applying Mulch - At the option of the Contractor, any of the following types of mulch material may be applied. a. Hay or straw mulch shall be spread evenly and uniformly over the designated areas. Unless other directed, mulch shall be applied to a thickness of 1". Too heavy application of mulch shall be avoided and lumps and thick spots shall be thinned. Unless otherwise authorized, the mulch shall be anchored in place by uniformly applying an asphalt mulch binder. Application of a concentrated stream of mulch binder will not be allowed. Asphalt mulch binder may be omitted when authorized by the Engineer and when there is a danger of the asphalt contaminating the surface of nearby structures, houses, vehicles, or other objects. Other methods of anchoring mulch may be used subject to the approval of the Engineer. b. Wood fiber mulch shall be applied as a water-borne slurry. The wood fiber and water shall be thoroughly mixed and sprayed on the area to be 11541B

248 LANDSCAPING covered so as to form a uniform mat of mulch at the rate of not less than 30 pounds per 1,000 square feet unit of area. Wood fiber mulch may be mixed with the proper quantities of seed, fertilizer and lime as required in this section, or may be applied separately after seeding has been carried out. In the latter case, it must be applied within 24 hours after seeding. 2. Maintenance - The Contractor shall maintain the mulch by repairing any damaged mulch and by correcting any shifting of the mulch due to wind, water or other causes, until an acceptable growth of grass has been achieved, regardless of the acceptance status of the seeding. He shall supply additional mulch necessary as a result of damage or seed failure. Repairs to mulched areas and furnishing of additional mulch shall be incidental to this item. If wood fiber is used, any reseeding will require additional wood fiber mulch. D. Do not perform broadcast seeding work during windy weather. E. Compacting: l. Compact the entire area immediately after the seeding operations have been completed. 2. Compact by means of a cultipacker, roller, or other equipment approved by the Engineer weighing 60 to 90 pounds per linear foot of roller. 3. If the soil is of such type that a smooth or corrugated roller cannot be operated satisfactorily, use a pneumatic roller (not wobbly wheel) that has tires of sufficient size to obtain complete coverage of the soil. 4. When using a cultipacker or similar equipment, perform the final rolling at right angles to the prevailing slopes to prevent water erosion, or at right angles to the prevailing wind to prevent dust. F. Thoroughly wet soil surfaces before sodding. Place sod pieces tightly together, tamping gently into position as the work progresses. After each area of sodding is completed, roll the entire surface in two directions with a water ballast roller, and soak the newly sodded areas. G. After the grass has started, all of the areas greater than five square feet which fail to show a uniform stand of grass for any reason whatsoever shall be reseeded repeatedly until all areas are covered with a satisfactory growth of grass. H. At the time of the first cutting, set mower blades two inches high. All lawns shall receive at least two mowing's before acceptance. Schedule for mowing shall be coordinated with the Engineer. I. Maintenance shall also include all temporary protection fences, barriers and signs and all other work incidental to proper maintenance. J. Maintain grass areas until a full stand of grass is indicated, which will be a minimum of 45 days after all seeding or sodding work is completed, and shall not necessarily relate to Substantial Completion of the General Contract. K. Protection and maintenance of grass areas shall consist of watering, weeding, cutting, repair of any erosion and reseeding as necessary to establish a uniform stand of the specified grasses, and shall continue until Acceptance by the Engineer of the work of this section. It shall also include the furnishing and applying of such pesticides as are necessary to keep grass areas free of insects and disease. All pesticides shall be approved by Engineer prior to use B

249 LANDSCAPING 3.5 SEEDING AND SODDING INSPECTION FOR PROVISIONAL ACCEPTANCE A. The Engineer shall inspect all work for Provisional Acceptance upon written request of the Contractor. The request shall be received at least ten calendar days before the anticipated date of inspection. B. Upon completion and reinspection of all repairs or renewals necessary in the judgment of the Engineer, the Engineer shall certify in writing to the Owner as to the Provisional Acceptance of the work of this section. C. Upon approval of the Provisional Acceptance by the Owner, the Owner will assume maintenance of the lawn areas. 3.6 GUARANTEE A. The Contractor shall submit a written guarantee to the Engineer, after Provisional Acceptance of grass, covering reseeding of grass areas which do not survive through one full growing season after the date of Provisional Acceptance, at no cost to the Owner. 3.7 CLEAN-UP A. Any soil or similar material which has been brought on to paved areas by hauling operations or otherwise shall be removed promptly, keeping these areas clean at all time. B. Upon completion of work under this section all excess stones, debris, and soil resulting from work under this section, which have not previously been cleaned up, shall be removed from the project site. 3.8 PLANTING METHOD A. The Contractor shall excavate plant pits, furnish and place all plants, and then maintain them in a satisfactory manner until final acceptance. B. All pits shall be of size and shape as shown on the Drawings. C. For tree and shrub planting, soil used for backfilling shall be improved topsoil as recommended by soil analysis, with the following additions: 1. For deciduous plants use a mixture of four parts topsoil and one part of manure. 2. For evergreen plants use a mixture of four parts topsoil and one part of peat moss as specified under Soil Enrichers. D. Plant pits within or near paved areas shall be prepared prior to the laying of the pavement. Where tree pits in paved areas are to be covered with mulch, trees shall be placed at sufficient depth below finished grade to allow for the depth of the mulch. E. Plants shall be set plumb and straight, and at such a level that after settlement, a normal or natural relationship of the crown of the plant with the ground surface is established. Each plant shall be planted in the center of the pit. When balled, burlapped and platformed plants are set, the platform shall first be removed from the pit and the soil shall be carefully tamped under and around the base of each ball to fill all voids. All burlap, ropes, and wires shall be removed from the sides and 11541B

250 LANDSCAPING tops of balls, but no burlap shall be pulled out from under the balls, except for plastic burlap, which shall be completely removed from the pit. F. All seals shall remain unbroken and visible on plant material until final inspection by Engineer. The Contractor shall remove all seals immediately after final inspection. 3.9 PLANTING SEASON A. Do all planting work within the dates herein specified PRUNING, PAINTING, SPRAYING A. Pruning: 1. Each tree and shrub planted shall be pruned to preserve the natural character of the plant and in a manner appropriate to the particular requirements of the landscape design. In general, approximately one third of the wood shall be removed by thinning or shortening branches, but no leaders shall be cut. 2. All pruning shall be done with sharp tools. All pruning cuts shall be made flush and clean, especially where lower branches have been removed from collected trees. B. Painting: 1. Pruning cuts over one-half inch in diameter shall be painted with tree paint specified under "Materials" on all exposed cambium as well as other exposed living tissues STAKING A. All staking shall be done immediately after wrapping. Stakes shall be driven perpendicular into the ground around the periphery of the ball of the tree. Plants shall stand plumb after staking WATERING A. Plantings shall be watered in a satisfactory manner during and immediately after planting, not less than twice per week, until provisional acceptance. B. Suitable water for maintaining plants shall be provided by the Owner. The Contractor shall furnish the hose and hose connections from the outlets where water is furnished. Contractor is responsible for all watering until provisional acceptance MAINTENANCE A. Maintenance shall begin immediately after each plant is planted. Plants shall be watered, mulched, weeded, fertilized, cultivated and otherwise maintained and protected until provisional acceptance. B. Guys shall be tightened and repaired. Defective work shall be corrected as soon as possible after defects become apparent, and weather and season permit TREE SURGERY A. Existing trees shall be trimmed of all dead and diseased limbs at the direction of the Engineer. All cuts shall be made close to the trunk and those over one inch in 11541B

251 LANDSCAPING diameter shall be covered with an acceptable tree paint manufactured for this specific purpose. In the case of important large trees where a small amount of cavity work would prolong their lives, such work should be done. The services of a qualified tree surgeon are recommended INSPECTION AND PROVISIONAL ACCEPTANCE A. The Engineer will inspect all planting work for provisional acceptance upon request of the Contractor. B. The Contractor shall furnish full and complete written instructions for maintenance of the planting to the Owner at the time of provisional acceptance. C. After all necessary corrective work has been completed and maintenance instructions have been received by the Owner, the Engineer will certify in writing the provisional acceptance of the planting GUARANTEE PERIOD A. All plants shall be guaranteed by the Contractor for a period of not less than one full year from time of provisional acceptance. B. At the issuance of provisional acceptance, the Owner shall take over maintenance of the planting. Nevertheless, the guarantee of all plant material will remain with the Contractor. The Contractor shall ascertain that the Owner properly waters and maintains all planting during the one year guarantee period. C. At the end of the guarantee period, any plant that is missing, dead, not true to name or size as specified, or not in satisfactory growth, as determined by the Engineer, shall be replaced. In case of reasonable doubt or question regarding the condition and satisfactory establishment of a rejected plant, the Engineer may allow such a plant to remain through another complete growing season, at which time the rejected plant, if found to be dead, in an unhealthy or badly impaired condition, shall be replaced at once. The Contractor will not be required to replace an inspected and accepted plant more than once. D. Replacements shall be plants of the same kind and size as specified in the Plant List. They shall be furnished and planted as specified herein. The cost of replacement shall be borne by the Contractor, except where it can be definitely shown that loss resulted from Owner's failure to maintain planting as instructed FINAL INSPECTION AND FINAL ACCEPTANCE A. At the end of the guarantee period, inspection will be made by the Engineer, at the request of the Contractor. B. After all necessary corrective work has been completed, the Engineer will certify in writing the final acceptance of the planting CLEAN UP A. Upon completion of work under this section, all excess stones, debris and soil resulting from planting work shall be removed from project site. The site shall be restored to a better condition than was present prior to construction. END OF SECTION 11541B

252 SECTION PERFORATED PLASTIC PIPE PART 1 - GENERAL 1.1 DESCRIPTION A. Work Included: 1. Provide and install Perforated Plastic pipe and fittings of the size(s) and type(s) and in the location(s) shown on the Drawings and as specified herein. B. Related Work Specified Elsewhere: (When Applicable) 1. Excavation and backfill, dewatering, pavement, borrow and bedding material are specified in the appropriate sections of this division. 2. Pipe Fittings - General is specified in Division QUALITY ASSURANCE A. Manufacturers: 1. Advanced Drainage Systems, Inc. 2. J-M Manufacturing. 3. Or equivalent. PART 2 - PRODUCTS 2.1 MATERIALS A. Pipe and Fittings: 1. ABS Pipe for Underdrain: ABS (Acrylonitrile-butadienestryene) composite pipe and fittings shall conform to the requirments of AASHTO M 264 and AASHTO M 265 and shall be perforated in accordance with the applicable perforation requirements of AASHTO M 36, Type III. 2. Corrugated polyethylene perforated pipe. This pipe shall conform to the requirements of AASHTO M 252 heavy duty. B. Joints: 1. The gaskets shall be of a composition and texture which is resistant to common ingredients of sewage and industrial wastes, including oils and ground water, and which will endure permanently under the conditions of the proposed use. 2. The joints shall be soil tight (ST), and shall be sealed by a factory installed rubber o-ring gasket that meets the requirements of the current ASTM F477. PART 3 - EXECUTION 3.1 INSTALLATION A. Inspection: 1. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1/4 inch per foot of length. 1/4/13

253 PERFORATED PLASTIC PIPE 2. If a piece of pipe fails to meet this requirement for straightness it shall be rejected and removed from the site. 3. Any pipe unit or fitting discovered to be defective either before or after installation shall be removed and replaced with a sound unit. 4. Any pipe unit or fitting discovered to be defective either before or after installation shall be removed and replaced with a sound unit. B. Jointing: 1. All pipe and fittings shall be cleared of all debris, dirt, etc., before being installed and shall be kept clean until accepted in the completed work. 2. Pipe and fittings shall be installed to the lines and grades indicated on the drawings or as required by the Engineer. Care shall be taken to insure true alignments and gradients. 3. Joints shall not be "pulled" or "cramped" unless permitted by the Engineer. C. Pipe Deflection: 1. Pipe provided under this specification shall be installed so there is no more than a maximum deflection of 5.0 percent. Such deflection shall be computed by multiplying the amount of deflection (normal diameter less minimum diameter when measured) by 100 and dividing by the nominal diameter of the pipe. D. Construction: 1. Underdrain - The trench shall be excavated to the required width and depth and a bed of the specified granular material, 3 inches in depth, shall be prepared in the trench. Perforated pipe shall be laid in this bed with the perforations above the springline of the pipe. After the pipe has been firmly bedded and joints securely connected, it will be inspected before any backfill is placed. The remaining backfill shall be granular material meeting the same requirements as that used for bedding the pipe. For underdrain placed under areas of proposed pavement, the backfill material shall be placed in 8 inch layers, loose measure and thoroughly compacted except that the initial layer of backfill around the pipe may be placed in a layer not exceeding 12 inches. For underdrains placed under areas not proposed to be paved, the initial layer of backfill shall not exceed 12 inches and the remaining material may be placed in 1 lift to the elevation of the subgrade and compacted with heavy rubber tired or vibratory compaction equipment to the satisfaction of the Engineer. The upstream end of all completed underdrain pipe that is to be buried shall be sealed with cement mortar or other acceptable material. Care shall be taken that soil does not enter the pipe. Pipe so contaminated before backfilling shall be removed, cleaned and relaid. 1/4/13

254 PERFORATED PLASTIC PIPE When underdrain is to be constructed in embankment fill, the excavation for the trench shall be done after the embankment has been completed to subgrade elevations. END OF SECTION 1/4/13

255 03300A-1 SECTION 03300A CAST-IN-PLACE CONCRETE (SHORT FORM) PART 1 - GENERAL 1.1 SECTION INCLUDES A. Cast-In-Place Concrete B. Formwork C. Concrete reinforcement and accessories D. Modifications and/or Repairs to concrete E. Concrete curing F. Concrete finishing G. Concrete repairs H. Concrete testing I. Non-Shrink Grout 1.2 RELATED SECTIONS A. Section Submittals B. Section Quality Control 1.3 REFERENCES A. ACI Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete B. ACI Standard Specifications for Structural Concrete C. ACI 302.1R-96 - Guide for Concrete Floor and Slab Construction D. ACI 304.2R-96 - Placing Concrete by Pumping Methods E. ACI 305R-99 - Hot Weather Concreting F. ACI 306R-88 - Cold Weather Concreting G. ACI 308R-01 - Guide to Curing Concrete H. ACI Standard Specification for Curing Concrete I. ACI 309R-96 - Guide for Consolidation of Concrete J. CI Building Code Requirements for Structural Concrete and Commentary K. ACI 347R-01 - Guide to Formwork for Concrete L. ACI 350/350R-01 - Code Requirements for Environmental Engineering Concrete Structures and Commentary M. ACI Tightness Testing of Environmental Engineering Concrete Structures N. ASTM A Specification for Steel Wire, Plain, for Concrete Reinforcement O. ASTM A Specification for Steel Welded Wire Fabric, Plain for Concrete Reinforcement P. ASTM A615/ A615M-01b - Specification for Deformed and Plain Billet - Steel Bars for Concrete Reinforcement Q. ASTM A775/A775M-01 - Specification For Epoxy-Coated Reinforcing Steel Bars R. ASTM C31/C31M-00el - Standard Practice for Making and Curing Concrete Test Specimens in the Field 13122A

256 03300A-2 CAST-IN-PLACE CONCRETE (SHORT FORM) S. ASTM C33-99a - Specification for Concrete Aggregates T. ASTM C39/C39M-01 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens U. ASTM C42/C42M-99 - Standard Test Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete V. ASTM C94/C94M-00e2 - Specification for Ready Mixed Concrete W. ASTM C150-02a - Specification for Portland Cement X. ASTM C Practice for Sampling Freshly Mixed Concrete Y. ASTM C231-97el - Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method Z. ASTM C Specification for Air Entraining Admixtures for Concrete AA. ASTM C309R-96 - Guide for Consolidation of Concrete BB. ASTM C494/ C494M-99aq1 - Specification for Chemical Admixtures for Concrete CC. ACI Tightness Testing of Environmental Engineering Concrete Structures DD. ASTM C Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink) EE. ASTM E Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction FF. ASTM F155A - Standard Specifications for Anchor Bolts, Steel, 36, SS and 105- KSI yield strength GG. Concrete Reinforcing Steel Institute - Manual of Standard Practice HH. Concrete Reinforcing Steel Institute - Placing Reinforcing Bars 1.4 QUALITY ASSURANCE A. Perform work in accordance with ACI 301, ACI 318 and ACI 350R as modified here-in. B. Maintain copies of ACI 301, ACI 318, and ACI 350R on site. 1.5 QUALIFICATIONS OF INDEPENDENT TESTING LABORATORY A. Independent Testing Laboratory shall conform to concrete testing requirements of ASTM E329. B. Key personnel must be qualified and experienced in concrete quality assurance. C. Perform concrete field quality control testing with personnel certified as an ACI Concrete Field Testing Technician, Grade 1 according to the American Concrete Institute (ACI). 1.6 SUBMITTALS A. Submit layout drawings showing the location and extent of all joint waterstops, the type and size of all waterstops to be used and splice locations for each joint. Submit these layout drawings for review prior to the submittal of the reinforcing shop drawings and the start of concrete work. B. Submit shop drawings for concrete reinforcement prior to fabrication, showing bar bends, details and placement. A. Submit Concrete Mix designs including past field performance test results. B. Submit sieve analysis and soundness tests for fine and coarse aggregates taken within the last three (3) months A

257 03300A-3 CAST-IN-PLACE CONCRETE (SHORT FORM) C. Submit Cement Manufacturer's Certificates of conformance with ASTM C150 taken during the last 3 months. D. Submit sample concrete mix delivery slip. E. Submit product data for concrete curing, sealing and hardening compounds. F. Independent Testing Laboratory will submit one copy each of all test reports to each of the following: Engineer, Resident Project Representative, Contractor and Concrete Supplier. G. Independent Testing Laboratory will submit reports within 5 days of testing or inspection. H. Independent Testing Laboratory will telephone the Engineer within 24 hours if tests indicate deficiencies. PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Plywood: APA, B-B Plyform Class I exterior. B. Lumber: Southern pine, No. 2 grade or equal. C. Steel: Minimum 16 ga. sheet, well matched, tight fitting, stiffened to resist loads without excess deflection. D. Form Liner: Plywood conforming to PS-1, Grade B-B exterior (concrete form) not less than 1/4 inch thick. E. Form Ties: Factory fabricated assembly providing at least 1.5 inch break back dimension with at least a 1 inch diameter conical wood or plastic cones to leave a uniform hole for patching. Single rod ties require a tightly fitted waterstop washer at the mid point. Multi rod ties do not require washers. F. Form release agent: non-staining colorless, compatible with finishes. CRETE- LEASE 727 Release Agent by Cresset Chemical Co., Super-X Emulsive by A.H. Harris & Sons, Inc. or equal. G. Conform to ACI 301 and ACI REINFORCING STEEL A. Bars: ASTM A615 Grade 60; deformed new materials. B. Welded wire fabric: ASTM A185 C. Tie wire: ASTM A82, annealed. D. Bolsters, chairs and supports: plastic coated, stainless steel, or epoxy coated. E. Conform to CRSI Code of Standard Practice-Fabrication. 2.3 CAST-IN-PLACE CONCRETE A. Concrete Materials 1. Portland cement: ASTM C150; Type II. Tricalcium Aluminate (C3A) content in cement less than 8%. 2. Aggregates: a. Fine aggregate shall consist of washed inert natural sand conforming to the requirements of ASTM Specification C A

258 03300A-4 CAST-IN-PLACE CONCRETE (SHORT FORM) b. Coarse aggregate shall consist of a well graded crushed stone or a washed gravel conforming to the requirements of ASTM Specification C Water: potable from municipal water supply or equal. 4. Admixtures: All from one common manufacturer. B. Admixtures 1. Low Range Water Reducer: Pozzolith 122-N by Master Builders; WRDA with HYCOL by Grace Construction Products Division; or equal meeting ASTM C494 Type A 2. High Range Water Reducer (superplasticiser): Rheobuild 1000 by Master Builders; Daracem 100 by W.R. Grace; or equal meeting ASTM C494 Type F. 3. Air entraining agent: Micro-Air by Master Builders, DAREX 11 AEA by Grace Construction Products; or equal meeting ASTM C Non-corrosive non-chloride accelerator: Pozzutec 20 by Master Builders; or equal meeting ASTM C494 type C or E. 5. Not permitted: Calcium chloride, thiocyanates or admixtures containing more than 0.05% chloride ions. C. Concrete 1. Concrete Class a. Reinforced concrete sections: Class A b. Concrete fill: Class B 2. Concrete proportioning shall conform to ACI 318, Chapter 5 except as modified below: Minimum High Compressive Coarse Min.- Min.- Range Strength Aggregate % Air Max. Max. Max. Water Class (f'c) Size +(1.5%) Slump Cem.Fac. W/C Reducer A 4000 PSI No. 67 (¾") Yes B 3000 PSI No. 8 (3/8") No 3. The maximum slump as indicated in the above table will be as measured at the batch plant. 4. Pumped Concrete: Conform to Chapter 4 - ACI High range water reducer shall be added on site to obtain 4" - 8" slump. 6. No water shall to be added on site. 7. Concrete shall be furnished from one source during the project. D. Selection of Concrete Proportions 1. The Concrete producer shall select the concrete mix proportions on the basis of past field performance or the use of trial mixes in accordance with ACI 318 Sections 5.2, 5.3 and ACCESSORIES A. Joint filler and slab perimeters: J-Joint polyethylene foam with tear off strip for sealant or approved equal; joint filler to be slab thickness in depth less 0.5 inch for sealant A

259 03300A-5 CAST-IN-PLACE CONCRETE (SHORT FORM) B. Expansion joint filler: Self expanding cork by W.R. Meadows or W.R. Grace or equal size as indicated on the Drawings. C. PVC water-stops shall be extruded polyvinylchloride with virgin resin and shall be the flat ribbed type: 2. Construction and Control Joints: inch thick by 9 inches wide. Type R9-38 by Vinylex Corporation, Style 786 by Greenstreak Plastic Products. 3. Expansion Joints: inch thick by 9 inches wide with a center bulb. Type RLB9-38 by Vinylex Corporation, Horn/Durajoint Type 7C by A.C. Horn. D. Surface applied waterstops: Waterstop-RX by Colloid Environmental Company RX 102-3/8" x ¾" for concrete 8" thick or less, RX ¾" x 1" for concrete over 8 inches thick; or Swellseal Plus by de neef America. E. Structural inserts: of type and size shown on the drawings; Richmond Screw Anchor or Heckman Building Products, Hohman and Barnard, Dayton Sure-Grip or equal. F. Sand Cement Slurry: specified concrete mix Class A without coarse aggregate. G. Bond Breaker: Thompson's Water Seal or equal, or form oil. H. Concrete Anchorage Fasteners: 1. Expansion Anchors - Stainless steel AISI Type 316. Kwik-Bolt by Hilti Fastening Systems or Tru Bolt by Ramset Fastening System or equivalent. 2. Anchor Rods - ASTM F1554 Grade Adhesive Anchors. Non-expanding chemical type, 6" minimum projection and nut; Parabond Capsule Anchor by Molly Fastener or HVA Adhesive Anchor by Hilti Fastening Systems or equivalent. 2.5 NON-SHRINK GROUT A. Conform to ASTM C1107. B. Install in accordance with manufacturer's recommendations, using appropriate grout for intended use. 2.6 LIQUID CURING COMPOUND MATERIALS A. Curing and Sealing Compound; ASTM C309 Type 1 Class B. Super Kurseal by A.H. Harris & Sons, Inc. Emulsion Kurseal 309 by A.H. Harris & Sons, Inc. or equivalent. B. Dissipating Resin Curing Compound: ASTM C309 type 1; Film must break down in two to four weeks. Kurez-DR by Euclid Chemical Company, Emulsion Super KonKure 309 clear by A.H. Harris & Sons, Inc., or equivalent. C. Curing/Hardening Compound: Sodium Silicate Type. Eucosil by Euclid Chemical Company, Super KurHard 309 by A.H. Harris & Sons, Inc., or equivalent. D. Liquid Curing, Sealing and Hardening Compound: Ashford Formula by Curecrete Distribution distributed by the Righter Group. 2.7 FINISHING MATERIALS A. Slab Sealer: Siloxane based 96% chloride ion screen, Euco-Guard-100 by Euclid Chemical or equal. B. Bonding Admixture: Latex, non-rewetable type SBR Latex or Flex-con by Euclid Chemical, Daraweld C by W.R. Grace or equivalent A

260 03300A-6 CAST-IN-PLACE CONCRETE (SHORT FORM) C. Patching Mortar: 1 part of a mixture of white and grey portland cement to 2.5 parts of damp loose sand. Cement type to match substrate. 2.8 REPAIR MATERIALS A. Epoxy Adhesive: Water Based epoxy resin/portland cement building agent Armatec 110 by Sika Corporation or equivalent. B. Repair Mortar: polymer improved, cementitious, 2 component, trowel grade mortar equal to Concrete Coat by Euclid Chemical; Sikatop 122 by Sika Corp. or equivalent. PART 3 - EXECUTION 3.1 FORMWORK A. Conform to ACI 301 and ACI 347 B. Erect plumb and straight. Maintain rigid. Brace sufficiently. C. Allow no concrete leakage. Provide continuous, straight, smooth exposed surfaces. D. Treat forms with form release agent. Protect reinforcing from contact with form release agent. E. Earth forms not permitted. F. Chamfer all exposed outside corners and edges 0.75 inch unless otherwise noted. G. Clean out inside of forms of all foreign materials prior to concrete placement. H. Maintain forms and shores supporting the cast concrete for the time periods indicated: 1. Walls and Vertical Surfaces *36 Hours * These periods represent cumulative number of days or hours during which the temperature of the air surrounding the concrete is above 50 F and the concrete has been damp and no loss of moisture has occurred. I. Form pressures increase with the use of concrete with High Range Water Reducers. Design forms accordingly. J. All concrete formwork, including reinforcing steel and embedment items, shall have a temperature greater than or equal to 35 F at the time of concrete placement. 3.2 REINFORCEMENT A. Conform to the CRSI Code of Standard Practice - Field Erection for surface condition, bending, spacing and placement tolerance. B. Splicing reinforcement: conform to ACI 318; welded wire fabric to be lapped 1½ courses or 12 inches; tie fabric at 24 inches on center maximum spacing. C. Provide bar supports: on grade use concrete brick; elsewhere use manufactured wire supports. D. Do not bend reinforcing partially embedded in the concrete. 3.3 EMBEDDED ITEMS A. Coordinate installation of embedded items. B. Pipes or Conduits for embedment within a slab, wall or beam, other than those merely passing through, shall satisfy the following: 13122A

261 03300A-7 CAST-IN-PLACE CONCRETE (SHORT FORM) 1. Shall not be larger in outside diameter than one-third (1/3) the thickness of the slab, wall or beam. 2. Shall not be spaced closer than 3 diameters on center. 3. Shall not impair significantly the strength of the concrete. 3.4 WATERSTOPS A. Nail surface applied waterstops to concrete at 12 inches on center. Protect from contact with water. B. Splice vinyl waterstops as recommended by manufacturer; form continuous seal at joint intersections; terminate with 2" concrete cover where designed to discontinue. C. Secure waterstops on both sides at 12" on center maximum spacing. D. Thoroughly vibrate concrete around waterstop to avoid honeycombing and voids in concrete and to insure complete contact between waterstop and concrete. E. Use prefabricated vinyl corners, tees and crosses. 3.5 PLACING CONCRETE A. Notify Engineer and Independent Testing Laboratory 24 hours minimum prior to each placement. B. Place no concrete on frozen ground. C. Place concrete within 90 minutes of batching. D. Freefall: 4 feet maximum. E. Do not place partially hardened concrete. F. Consolidate concrete by vibrating. Conform to ACI 309. G. Conform to ACI 306R for cold weather concreting. H. Conform to ACI 305R for Hot Weather Concreting. Temperature of concrete placed shall not exceed 90 F. I. Provide concrete Delivery Slip prepared at batch plant with each truck load of concrete showing ticket number, date, truck number, mix strength, maximum stone size, weight of coarse aggregate, weight of fine aggregate, cement weight, volume of concrete, gallons of water added at plant, time water added at plant, quantities of all admixtures used and gallons of water withheld at the plant. J. Thoroughly moisten subgrade materials prior to placing slabs on grade. K. Horizontal wall construction joints deeper than 8' from top of placement, place one inch of sand cement slurry prior to placing concrete. L. Thoroughly clean the surface of the concrete at construction and control joints and remove laitance prior to placing adjoining concrete. Do not place concrete against the hardened side of a joint for at least 48 hours. 3.6 TESTING CAST-IN-PLACE CONCRETE A. An Independent Testing Laboratory, selected and paid for by the Owner, shall test and sample concrete for strength, slump and air content as follows: B. Obtain 5 standard test cylinder samples (6" x 12") of each 100 cubic yards or less of each class of concrete placed in any one day. C. Test 2 cylinders at 7 days; 2 cylinders at 28 days. Hold one cylinder for later testing A

262 03300A-8 CAST-IN-PLACE CONCRETE (SHORT FORM) D. Perform slump tests and air entrainment tests on each truck and at each sampling. Perform slump and air entrainment tests before addition of High Range Water Reducer and after addition of High Range Water Reducer. E. Sample concrete for testing of air and slump at the discharge end of the truck. When concrete is pumped, concrete taken for test cylinders shall be at the discharge end of the pump hose. F. Perform strength, slump and air entrainment tests at other times when directed by the Engineer. G. Additional testing and sampling required as a result of deficient results or improper curing shall be paid for by Owner. The cost of resampling and retesting will be determined by Engineer, and Owner will invoice Contractor for this cost. If unpaid after 60 days, this invoice amount will be deducted from the Contract Price. H. Contractor shall provide and maintain an insulated, heated concrete cylinder curing box, 4 foot square minimum, with a min.-max thermometer and maintain the temperature between 60ºF and 80ºF. Contractor to coordinate location with Engineer and Independent Testing Laboratory. 3.7 ADDITIONAL CONCRETE TESTS A. Independent Testing Laboratory shall provide additional testing of in-place concrete as directed by Engineer due to non-compliance or considered substandard. Additional tests may consist of non-destructive testing, cores drilled from the area in question or load tests. Costs of additional testing will be paid by Owner. The cost of the additional testing will be determined by Engineer and Owner will invoice Contractor for that cost. If unpaid after 60 days, the invoice amount will be deducted from the Contract Price. B. When the concrete strength is substandard as defined in Specification Section 3.12 paragraph A, concrete core specimens shall be obtained and tested from the affected area. 1. Three (3) cores shall be taken for each sample in which the strength requirements were not met. The drilled cores shall be obtained and tested in conformance with ASTM C 42 "Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete." C. Field cured cylinders may be cast and tested by the Independent Testing Laboratory at the request of the Contractor. The costs of these tests shall be borne by the Contractor. If the field cured cylinders are cast and tested prior to 28-days to determine the in-place concrete strength in order to facilitate an accelerated schedule for subsequent concrete placements, backfilling or leakage testing, the following criteria must be met: 1. The Contractor shall notify the Engineer and Independent Testing Laboratory 48 hours in advance of the concrete placement. The Engineer will determine at that point if the results of the field cured cylinders may be used to determine the in-place concrete strength. The Contractor shall notify the Engineer as to when the field cured cylinders will be tested and for what purpose. 2. A minimum of 2 cylinders shall be cast for each separate test the Contractor requests. A test consisting of at least two cylinders will be required to be considered valid A

263 03300A-9 CAST-IN-PLACE CONCRETE (SHORT FORM) 3. The field cured cylinders shall be left in the field and located such that they are exposed to the identical environmental conditions as the concrete structure. The cylinders shall remain at this location a minimum of 14 days prior to testing. 4. The Engineer shall determine if the strengths indicated by the field cured cylinder tests are adequate for their intended purpose. 3.8 FINISHING SLABS AND FLATWORK A. Screed to bring concrete surface to proper contour and elevation. B. Highway straightedge, bull float or darby float the concrete surface immediately after screening. C. Allow bleed water to evaporate or remove. D. (STF) Steel Troweled Finish: Float the surface with magnesium or cast aluminum float or with a power finishing machine. Steel trowel surface immediately after floating to produce smooth surface. Steel trowel again after concrete has hardened enough so that mortar does not adhere to trowel edge. Ringing sound should be apparent when performing second toweling due to tilted, compacting motion. E. (WFF) Wood Float Finish: allow concrete to stiffen; float surface twice or more to a uniform sandy texture. F. (LBF) Light Broom Finish: wood float finish as in E above; while plastic draw a soft-bristled broom, over the concrete in long even strokes with downward pressure. Broom transverse to traffic or at right angles to the slope of the slab. G. Finish to receive concrete fill: do not bull float; remove water scum, laitance and loose aggregate from surface after concrete has started to harden with stiff bristle brush to partially expose coarse aggregate. Clean surface with brooms, water jets or air jets. Maintain wet for 12 hours immediately before placing fill concrete. As fill concrete is placed and just ahead of placement, broom in grout paint to the damp concrete surface. Do not allow grout paint to set prior to placement of concrete fill. H. Tolerances for trowel finished floors: ACI 302 class BX. 5/16 inch maximum deviation from 10 foot long straightedge placed anywhere on the surface. 3.9 FINISHING VERTICAL SURFACES A. (SFF) Smooth Form Finish: The concrete surface shall be of uniform color, texture and free of all irregularities. The arrangement of the facing material shall be orderly and symmetrical, with the number of seams kept to the minimum. Material with raised grain, torn surfaces, worn edges, patches, dents, or other defects which will impair the texture of the concrete surface shall not be used. Remove fins flush by grinding and/or rubbing. Repair surface and structural defects as specified in this section. B. (SRF) Smooth Rubbed Finish: moisten surface; rub or grind with a carborundum brick to remove all form impressions. Rub until a small accumulation of the grained paste is produced. Spread paste with a moist whitewash brush to uniform appearance over entire concrete surface. Keep damp for 36 hours. Complete rubbed finish within 3 days of placing concrete A

264 03300A-10 CAST-IN-PLACE CONCRETE (SHORT FORM) 3.10 CURING A. Curing: Curing shall begin immediately following the initial set of concrete or after slab surface finishing has been completed and shall continue after form removal per Section 03300, 3.1.L. All concrete shall be cured to attain strength and durability by one of the following methods for a minimum of seven days after placement regardless of the ambient air temperature: See Schedule of Finishes and Curing Requirements - Section 03346, [3.9.] 1. Ponding or continuous sprinkling. Intermittent wetting and drying is not an acceptable curing method. 2. Application of absorptive mats of fabric kept continuously wet. 3. Application of concrete curing compounds. If applying slab sealing compounds, use dissipating resin curing compound. Allow dissipating resin curing compound to chemically break-down, and remove residuals and other foreign material, prior to applying slab sealing compound. B. Moisture loss from surfaces placed against wooden or metal forms exposed to heating by the sun shall be minimized by keeping the forms wet until they can be safely removed. After form removal, the concrete shall be cured by one of the methods described above, for the balance of time remaining as specified above. C. Schedule of Finishes and Curing Requirements: 1. Provide finishes on concrete surfaces according to the following schedule: Location Finish Curing Requirements Exterior Exposed Walls SFF Moist cure or apply two to 6" below grade coats dissipating curing compound Exterior unexposed walls RFF Moist cure or apply two coats curing and sealing compound. Exterior slabs-on-grade LBF Moist cure and apply two coats of slab sealer Slabs (not coated) STF Apply two coats of curing/ hardening compound. Equipment Pads WFF Stairs, Exterior platforms LBF Moist cure and apply sidewalks and drives two coats of slab sealer NOTE: 1. Coordinate compatibility of curing compounds with dampproofing and waterproofing compounds. 2. When two (2) coats of materials are required as indicated above, second coat shall be applied perpendicular to the first coat A

265 03300A-11 CAST-IN-PLACE CONCRETE (SHORT FORM) D. Cold Weather: 1. Conform to ACI 306R 2. Maintain concrete temperature between 50 F and 70 F for a minimum of seven days after placement, enclose and heat, insulate as required. 3. Reapply curing compounds every two days during heating period. 4. The maximum allowable temperature drop of the concrete surfaces during the first 24 hours after the end of the curing period shall not exceed 5 F in any 1 hour and shall not exceed a total of a 40 F drop in the first 24 hours. E. Hot Weather: Conform to ACI 305R Concrete temperature shall not be greater than 90 F. Protect from loss of slump, flash set, plastic cracking and rapid evaporation of water JOINTS A. Saw cut control joints for slabs-on-grade as indicated on the Drawings within 12 hours of placement. B. Provide joints only where shown on the drawings or as otherwise approved after written request MODIFICATIONS OR REPAIRS TO EXISTING CONCRETE A. Field measurements shall be taken at the required structures to determine the quantity of concrete to be removed and/or repair and the amount of patching to be done. B. When removing materials or portions of existing structures and when making openings in existing structures, all precautions shall be taken and all necessary barriers and other protective devices shall be erected to prevent damage to the structures beyond the limits necessary for the new work, and to prevent damage to the structures or contents by falling or flying debris. C. Remove concrete to the depths shown or required. Roughen concrete surfaces by chipping, sandblasting or scarifying. D. Surfaces must be clean and sound. Surfaces may be dry, damp, or wet, but free of standing water. Remove dust, laitance, grease, curing compounds, impregnations, waxes, foreign particles, and disintegrated materials by mechanical abrasion methods such as sandblasting. E. Exposed reinforcement shall be cleaned by wire brushing and where shown the reinforcement shall be cut or bent. Additional reinforcement shall be provided as shown on the Drawings CORING OF HOLES A. Core drill holes where shown. B. Coring shall be performed with a non-impact rotary tool with diamond core drills, size shall be suitable for pipe conduit, sleeves or mechanical seals to be installed. All equipment shall conform to OSHA standards. Protect all existing equipment, utilities and critical areas against water or other damage caused by the drilling operation. C. No structural members shall be cut without any exceptions taken by the Engineer A

266 03300A-12 CAST-IN-PLACE CONCRETE (SHORT FORM) 3.14 TOLERANCES A. Maximum allowable deviations from dimensions, elevations, slopes and position shall conform to ACI 117. Tolerances apply to concrete dimensions only, not to positioning of vertical reinforcing steel, dowels, or embedded items FAILURE TO MEET STRENGTH REQUIREMENTS A. The strength of the concrete in place will be considered substandard if any one of the following results occur: 1. The arithmetic average of 28-day cylinder tests for any three (3) consecutive test results are less than the specified strength (f c). 2. More than 10 percent of the 28-day cylinder tests have strengths less than the specified strength (f c). 3. An individual compressive strength test result falls below the specified strength (f c) by more than 500 psi. B. Concrete which fails to meet the strength requirements as outlined above will be reviewed by the Engineer. The Engineer will determine whether the substandard concrete will be accepted, rejected or additional tests performed. C. When Substandard concrete as defined in Parts A.1 and A.2 occurs, the Engineer will require corrective measures to be taken immediately in order to increase the average of subsequent strength tests. When substandard concrete as defined in part A.3 occurs, non-destructive testing shall be performed on the substandard concrete. The testing shall be performed by an independent firm elected by the Engineer and paid for by the contractor at no additional cost to the Owner DEFECTIVE CONCRETE A. Defective concrete is defined as concrete in place which does not conform to strength, shapes, alignments, appearances and/or elevation as shown on the drawings and/or presents faulty surface areas. B. Reinforcing steel size, quantity, strength, position, or arrangement at variance C. with the Drawings will be considered defective. D. Concrete which differs from the required dimensions or locations in such a manner as to reduce the strength will be considered defective. E. Concrete surfaces not finished or cured in accordance with this Section shall be classified as defective concrete. F. Formed surfaces larger or smaller than dimensional tolerances specified in this Division may be rejected. If the Engineer permits the Contractor to correct the error, such correction shall be as directed and in such a manner as to maintain the strength, function and appearance of the structure. G. Concrete members cast in the wrong location may be rejected and shall be removed at no additional cost to the Owner if the strength, appearance or function of the structure is adversely affected. H. Inaccurately formed surfaces exposed to view may be rejected and shall be repaired or removed and replaced at no additional cost to the Owner. I. Concrete exposed to view with defects which adversely affect the appearance of the specified finish shall be repaired. If, in the opinion of the Engineer, the defects cannot be repaired, the concrete may be accepted or rejected in accordance with the decision of the Engineer A

267 03300A-13 CAST-IN-PLACE CONCRETE (SHORT FORM) 3.17 PROTECTION A. Protect concrete from high and low temperatures for seven days. B. Protect against vibration until concrete has attained 33% of its 28-day strength. C. Protect against premature loads until the 28-day strength has been attained. D. Concrete structures shall be covered, insulated and heated as required to prevent frost penetration beneath the structures until acceptance by the Owner LEAKAGE TESTS A. Leakage tests shall be performed after the concrete structure has been in place for a minimum of 28 days and attained design strength for all liquid containing structures to determine integrity, watertightness and appearances of finish concrete surfaces. B. Install other equipment, e.g., stop gates, sluice gates, temporary bulkheads, prior to leakage test. C. Prior to dampproofing, waterproofing and backfilling, all liquid-containing structures shall be filled with potable water furnished by the Contractor from a municipal water supply or meeting the requirements of ASTM C94. D. Fill each tank to the maximum water elevation as indicated on the Process Drawings. Limit the rate of filling to a uniform rate of not greater than 6.5 feet in 24 hours. E. Refill the tanks to the maximum water elevation as required to account for absorption after 6 hours. F. Close all valves and gates to the structure and measure the change in the water surface elevation for a 72-hour period and record leakage through gates and valves. Determine evaporation by floating an evaporation plan in structure during test period. G. During test period, examine exposed portions of structure for dampness or leaks and record visible leaks or damp spots. Damp areas are defined as areas where moisture can be picked up on a dry hand. H. All visible leaks and damp areas shall be repaired and eliminated by a method proposed by the Contractor and reviewed by the Engineer. [All repair material in contract with potable water shall be NSF Standard 61 approved]. I. Subsequent to the repairs and elimination of all visible leaks and damp areas, tanks shall be refilled as previously described. J. The water elevation shall remain constant for a total of 72 hours. Should a measurable liquid level drop exist (excluding evaporation and precipitation) at the end of the initial 72 hours period and no leaks are observed, the tank shall be refilled to the maximum water elevation, and the test repeated. If at the end of the second 72-hour test period, a measurable liquid level drop exists, all leaks shall be repaired and eliminated by a method proposed by the Contractor and reviewed by the Engineer. K. All liquid containing structures shall be retested subsequent to repairs. L. Additional tests and repairs will be performed until such time as the structures can demonstrate compliance with the testing requirements. M. Test water shall not be disposed of by discharging onto the ground surface. N. Test water shall be disposed of by reintroduction into the plant process at the time, rate of flow, and location as directed by the Engineer. END OF SECTION 13122A

268 SECTION METAL FABRICATIONS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Steel pipe railing B. Structural steel shapes C. Steel edge angles D. Steel bollards E. Other miscellaneous steel fabrications F. Fasteners G. Surface preparation, shop coatings and galvanizing 1.2 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION A. Edge Angles B. Concrete anchors C. Grating and floor plate embedded angles 1.3 RELATED SECTIONS A. Section Submittals B. Section Cast-in-Place Concrete C. Section Painting D. Section Surface Preparation and Shop Coatings 1.4 REFERENCES A. ASTM A36/A36M-08 - Specification for Carbon Structural Steel B. ASTM A48/A48M-03(2008) - Specification for Gray Iron Castings C. ASTM A53/A53M-10 - Specification for Pipe, Steel, Black and Hot-Dipped Zinc- Coated Welded and Seamless D. ASTM A123/A123M-09 - Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron & Steel Products E. ASTM A153/A153M-09 - Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware F. ASTM A Specification for Stainless Steel Bars and Shapes G. ASTM A Specification for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength H. ASTM A Specification for Structural Bolts, Steel, Heat Treated 120/105 KSI minimum Tensile Strength I. ASTM A490-10ae1 - Specifications for Heat-Treated Steel Structural Bolts, 150KSI Minimum Tensile Strength J. ASTM A500/A500M-10a - Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes K. ASTM A563-07a - Specification for Carbon and Alloy Steel Nuts L. ASTM A572/A572M-07 - Specification for High-Strength Low-Alloy Columbium A

269 METAL FABRICATIONS Vanadium Structural Steel M. ASTM A992/A992M-06a - Specification for Steel for Structural Shapes for Use in Building Framing N. ASTM A1011/A1011M-11 - Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low Alloy, and High Strength Low Alloy with Improved Formability, and Ultra-High Strength O. ASTM B Specification for Zinc P. ASTM B Standard Practice for Operating Salt Spray (Fog) Apparatus Q. ASTM C881/C881M-10 - Specification for Epoxy-Resin-Base Bonding Systems for Concrete R. ASTM D Standard Test Method for Specular Gloss S. ASTM D e2 - Standard Test Methods for Measuring Adhesion by Tape Test T. ASTM D (2011)e2 - Standard Test Method for Film Hardness by Pencil Test U. ASTM D Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films V. ASTM F Specification for Hardened Steel Washers W. ASTM F844-07a - Specification for Washers, Steel, Plain (Flat), Unhardened for General Use X. ASTM F (2008) -Specification for Stainless Steel Bolts, Hex Cap Screws and Studs Y. ASTM F594-09e1 - Specification for Stainless Steel Nuts Z. ASTM F a - Specification for Anchor Bolts, Steel 36, 55 and 105 KSI Yield Strength AA. SSPC Steel Structures Painting Council BB. SSPC-SP1 Solvent Cleaning CC. SSPC-SP2 Hand Tool Cleaning DD. SSPC-SP3 Power Tool Cleaning EE. SSPC-SP4 Flame Cleaning of New Steel FF. SSPC-SP5 White Metal Blast Cleaning GG. SSPC-SP6 Commercial Blast Cleaning HH. SSPC-SP7 Brush Off Blast Cleaning II. SSPC-SP8 Pickling JJ. SSPC-SP9 Weathering and Cleaning KK. SSPC-SP10 Near-White Blast Cleaning LL. American Institute of Steel Construction (AISC) Structural Welding Code Steel - American Welding Society MM. AWS D1.1/D1.1M-2010 Structural Welding Code Steel - American Welding Society NN. AWS D1.2/D1.2M-2008 Structural Welding Code Aluminum -American Welding Society OO. American Institute of Steel Construction- Manual of Steel Construction (14th Edition) PP. National Association of Architectural Metal Manufacturers (NAAMM) Standard Amp Metal Stairs Manual (5th Edition) 13122A

270 METAL FABRICATIONS 1.6 SUBMITTALS A. Submit complete shop drawings showing fabrication, welding, connections, erection, finishes, materials and dimensions including plans, elevations, sections and details of all metal fabrications and connections and location of item in structure. Photocopies of Contract Drawings, in whole or part, will not be accepted as shop drawings. B. Submit product data in accordance with the provisions of Section C. Submit design computations when required. D. Submit railing samples indicating surface quality, welding and finish when requested by the Engineer. E. Submit certification from galvanizer stating that galvanizing is in accordance with Specifications. F. Submit certification for each welder stating the type of welding and positions qualified for, the code and procedure qualified under, date qualified, and the firm and individual certifying the qualification tests. If the qualification date of the welding operator is more than one-year old, the welding operator's qualification certificates shall be accompanied by a current certificate by the welder attesting to the fact that he has been engaged in welding since the date of certification, with no break in welding service greater than 6 months. 1.7 QUALITY ASSURANCE A. Conform to AISC Manual of Steel Construction for the design, fabrication and erection of structural steel. B. Conform to AWS Structural Welding Code - Steel for welding of structural steel. C. Conform to the Aluminum Design Manual for the design, fabrication and erection of structural aluminum. D. Conform to AWS Structural Welding Code - Aluminum for welding of structural aluminum. 1.8 COORDINATION A. The Contractor shall coordinate with the work of other Sections. Verify at the site both the dimensions and the work of other trades adjoining items before fabrication and installation of items herein specified. B. Furnish to the pertinent trades all items included under this Section that are to be built into the work of other Sections. 1.9 FIELD MEASUREMENTS A. Field measurements shall be taken at the site to verify or supplement indicated dimensions and to insure proper fitting of all items DELIVERY, STORAGE, HANDLING A. Coordinate delivery of products. B. Protect products from damage prior to and after installation. C. Remove damaged material from the site A

271 METAL FABRICATIONS PART 2 - PRODUCTS 2.1 STEEL PIPE RAILING A. Material: 1. Rails: Nominal as noted on plan. Diameter Schedule 40 Standard Weight, ASTM A53 type S grade B. 2. Posts: Nominal as noted on plan. Diameter Schedule 80 Extra Strong, ASTM A53 type S grade B. 3. Miscellaneous Plates: ASTM A36 4. Hinges: AISC Type 316 Stainless Steel 5. Wall Mounted Handrail Brackets: Extruded steel a. Wagner Company - Model 1929 b. Julius Blum & Co. - Model 626 c. Or equal B. Fabrication 1. Provide for thermal expansion and contraction. 2. Unspliced rails to be attached to a minimum of three (3) posts. 3. Cuts shall be squared and free of burrs. 4. Post spacing not to exceed 6-foot on center. 5. Terminate rails and guards with smooth radius end loops with no irregularities, exposed mitered edges or post end caps. 6. All guards labeled as "removable" shall be fabricated in sections no greater than 8'-0" in length or in shorter lengths as practical for the given guard layout. 7. Provide side mounted or top mounted post connection brackets as indicated on the Drawings. Minimum bolt and anchor spacing as shown on the Drawings shall be maintained. C. Welding 1. Miter and cope intersections of posts and rails and weld all around. All corners at end loops shall be fabricated with a radius (mitered corners shall not be permitted) 2. Fuse without undercutting or overlap. 3. Weld corners and seams continuously in accordance with AWS. Welds to be smooth. 4. Remove splatter, grind exposed welds where necessary and contour and blend surfaces to match those adjacent. 5. Discoloration of finished surfaces will not be acceptable. 6. Welding electrode E70XX. D. Finish: 1. Hot-Dipped Galvanized: ASTM A153 [OR PAINTED]. 2. All railings and posts shall be plastic wrapped. The plastic wrap shall be removed after all adjacent construction is completed. E. Installation shall be in accordance with manufacturer's instructions. 2.2 STEEL EDGE ANGLES A. Material: ASTM A A

272 METAL FABRICATIONS B. Finish: Hot-Dipped Galvanized (ASTM A123) 2.3 STEEL BOLLARDS A. Material: ASTM A53 Type E Grade B B. Finish: Painted C. Size as indicated on the Drawings 2.4 STAINLESS STEEL PIPE RAILING A. Material: AISI Type 316 Stainless Steel B. Joints: Welded ground smooth, without exposed edges, pits or defects. C. Finish: NAAMM No. 4 polished D. Welding Electrode: ER MISCELLANEOUS FABRICATIONS A. Includes other miscellaneous metal fabrications and assemblies shown on the Contract Drawings but not specified elsewhere D. Welded and Seamless Steel Pipe: ASTM A53, Grade B E. Structural Steel Tubing ( HSS shapes): ASTM A500, Grade B 2.6 FASTENERS A. Concrete anchorage: 1. Epoxy Anchors. ASTM C881. Non-expanding two component epoxy resin with AISC Type 316 Stainless Steel threaded rod with washer and nut. a. HIT RE500SD by Hilti Fastening Systems b. Chemset Capsule Series by Ramset Fastening Systems c. AC100 Plus by Powers Fasteners d. Or equivalent. 2. Expansion Anchors - Stainless steel AISI Type 316 for galvanized and aluminum fabrications; cadmium plated for painted steel fabrications. a. Kwik-Bolt III by Hilti Fastening Systems or b. Tru Bolt Stud Anchor by Ramset Fastening System c. Power Stud by Powers Fasteners d. Or equivalent. 3. Anchor Rods a. Material: ASTM F1554 Grade 55 b. Finish: Hot-Dipped Galvanized ASTM A153 B. Bolted Joints: 1. Steel Fabrications (specified in this Section) a. Bolts: i. ASTM A325 (Painted) for Painted Steel Fabrications ii. ASTM A325 (Hot-Dipped Galvanized: ASTM A153) for Hot Dipped Galvanized Steel Fabrications. b. Nuts: ASTM A563. Coating shall match that of the bolts c. Washers: ASTM F436. Coating shall match that of the bolts C. Provide all fasteners with nuts, flat washers and lock washers of the same material as the anchors or bolts. Provide beveled washers for sloped surfaces A

273 METAL FABRICATIONS D. Provide a minimum of 2 fasteners per connection. PART 3 - EXECUTION 3.1 FABRICATION A. All miscellaneous metal members shall fit closely together and shall be straight and true, and the finished work shall be free from burrs, bends, twists, and open joints. B. Tolerances: 1. Squareness: 1/8 inch maximum difference in diagonal measurements. 2. Maximum Offset between faces: 1/16 inch. 3. Maximum misalignment of adjacent members: 1/16 inch. 4. Maximum Bow: 1/8 inch in 48 inches. 5. Maximum Deviation From Plane: 1/16 inch in 48 inches. C. All holes, angles, supports, and braces shall be provided as required. D. Except as otherwise indicated on the drawings, gusset plates shall have a minimum thickness of 3/8-inch. E. Holes shall be made in steel members for attachment of wood blocking, nailers, etc. Holes shall be sized to suit the fasteners indicated on the drawings: where size and spacing are not indicated, holes shall be 9/16-inch diameter, at 3 feet o.c. F. Sheared and flame cut edges shall be true to line and free from rough corners and projections. G. Re-entrant cuts/corners shall be filleted to a radius of not less than ½ inch. H. Holes shall be punched, subpunched and reamed, or drilled in accordance with AISC "Specifications for Structural Steel." Holes shall not be made by flame cutting. I. Holes shall be 1/16 inch larger than the nominal bolt diameter, except holes for cast-in-place anchor bolts which shall be 5/16 inch larger than the nominal bolt diameter and as otherwise shown on the Drawings. J. The use of oversize or slotted holes not shown on the Drawings shall be subject to prior review by the Engineer. K. Bent plate shall be in accordance with AISC "Minimum Radius for Bending." L. Column ends bearing upon base and cap plates and beam ends with end plates shall be saw-cut or milled to true surfaces and correct bevels. M. Column caps and base plates and beam end plates shall have full contact when assembled. N. Welding shall be done in a sequence which minimizes distortion and shrinkage. O. Fabrication holes, notches, etc. not required by nor shown on the Drawings shall be subject to prior review by the Engineer. 3.2 CONNECTIONS (GENERAL) Connections shall consist of the following: 1. Steel Framing Connections: All steel framing connections not detailed on the Drawings shall be bolted connections designed by the fabricator subject to the provisions of the design drawings, specifications and the referenced AISC Specifications. All connections shall be designed to support one-half the total uniform load capacity of the framing member as shown in Table 3-6 of the 13122A

274 METAL FABRICATIONS AISC Manual of Steel Construction. All connections shall be either standard double angle connections from Table 10-1 or standard shear plate connections from Table 10-9a of the AISC Manual of Steel Construction. B. At the time of connecting, all bearing surfaces shall be free from loose or nonadherent rust, loose mill scale, oil, grease, dirt, mud, and any foreign matter, coating, or defect that adversely affects the connection. C. At the time of connecting, all faying surfaces at bolted connections shall be free from loose or nonadherent rust, loose mill scale, oil, grease, dirt, mud, and any foreign matter, coating, or defect that adversely affects the connection. 3.3 CONNECTIONS (BOLTED) A. Snug-Tightened Connections: 1. Snug-Tightened condition shall be defined as that tightness attained with a few impacts from an impact wrench or the full effort of an ironworker using an ordinary spud wrench to bring the connected elements into firm contact. 2. All bolts identified as Snug-Tightened shall be tightened to a Snug-Tight condition with either spud wrenches or pneumatic impact wrenches. 3. All bolted connections shall be considered Snug-Tightened unless otherwise indicated on The Drawings. B. Slip-Critical Connections: 1. Slip-Critical connections shall be provided as follows: a. Where indicated on the Drawings. b. Where oversized holes are used. c. Where slotted holes are used where the applied load is in the same direction as the direction of the slot 2. All bolts in Slip-Critical connections shall be tightened (pretensioned) with either calibrated power wrenches or with manual spud wrenches (Turn-Of- Nut). a. Calibrated Power Wrench Pretensioning: i. Calibrated power wrenches (either air driven or electric) shall be adjusted to stall or cut-out at the selected bolt tension. Wrenches shall not be used with this feature inoperative or out of adjustment. ii. At locations inaccessible for calibrated wrenches, manual spud wrenches may be used to tighten bolts using the "Turn-Of-Nut" method. iii. The recommendation of the wrench manufacturer shall be followed iv. in the operation and maintenance of the power wrenches. Bolts shall be tightened to the Snug-Tightened condition and match-marked prior to application of the power wrench. Bolts shall then be fully tensioned starting from the bolts at the most rigid part of the connection to those at the free edges in a manner that will minimize relaxation of previously pretensioned bolts. The bolts not turned by the wrench shall be prevented from rotating during this operation. b. Turn-Of -Nut Pretensioning: i. Bolts shall be tightened to the "Snug-Tight" condition and match A

275 METAL FABRICATIONS ii. marked. Additional nut or head rotation of each bolt shall be applied starting from the bolts at the most rigid part of the connection to those at the free edges in a manner that will minimize relaxation of previously pretensioned bolts. The bolts not turned by the wrench shall be prevented from rotating during this operation. Additional nut or head rotation shall be applied in accordance with Table 8.2 of the Specification for Structural Joints Using ASTM A325 or A490 Bolts. 3. Pre-Installation Verification: The fastener assemblies and pretensioned installation procedures shall be tested as follows to verify the minimum bolt pretension forces can be achieved: a. All tests shall be performed by a tension calibrator (such as those manufactured by Skidmore-Wilhelm). b. A representative sample of at least three complete bolted assemblies of each combination of diameter, length and grade of bolts to be used shall be tested daily. c. All testing will be performed to ensure that the pretension in the bolts is equal to or greater than 1.05 times the following tension values: BOLT SIZE (dia) FORCE (k) FORCE (k) ½ / ¾ / / ¼ / ½ d. If testing yields bolt tension values less that 1.05 times the required values, the cause(s) shall be determined and resolved before the fasteners assemblies are used in the work 4. Calibration of Power Wrenches: a. Calibrated Power Wrenches shall be calibrated: i. Daily; ii. When the lot (as defined in ASTM A325, Section 9.4) of any component of the fastener assembly is changed; iii. When the lot of any component of the fastener assembly is iv. relubricated; When significant differences are noted in the surface condition of the bolt threads, nuts or washers; or v. When any major component of the wrench including lubrication, hose and air supply are altered C. Unfinished bolts shall conform to ASTM A307 and be tightened to a Snug-Tight 13122A

276 METAL FABRICATIONS condition. The nuts of all unfinished bolts shall be secured against loosening by denting the bolt threads with a chisel, or by other means reviewed and no exceptions taken by the Engineer. D. High strength steel bolted connections shall conform to the "Specification for Structural Joints Using ASTM A325 or A490 Bolts". The connections shall be bearing type (Snug-Tightened), unless noted otherwise on the drawings as Slip- Critical. Erector shall furnish with his proposal a full and detailed description of all installation and inspection procedures for high strength bolting. E. Epoxy anchors shall be tightened to 80% of the epoxy manufacturers recommended maximum torque using a calibrated torque wrench. F. All bolts shall have washers between the tightened element and the structural member. Beveled washers shall be used where flange slope exceeds 1:20. G. The sockets used to tighten high strength bolts shall score or mark the nuts so that nuts have been tightened can be easily identified. High strength bolts or nuts once tightened shall not be loosened then re-used. Care shall be taken not to damage the threads of high strength bolts during installation. Joints shall be properly aligned and drifted and holes reamed, if required, to permit bolts to be slipped into place by hand. No burning is allowed for hole adjustment. 3.4 CONNECTIONS (SHOP AND FIELD WELDING OF FERROUS METALS) A. Welding shall be only for the connections and assemblages shown on the drawings or specified herein, and shall be performed in the shop, except where specifically noted to be done in the field. B. All welding shall be done only by certified welders using welding procedures and welding equipment. Welders employed on the work shall be experienced structural welders, previously qualified by tests as prescribed in the Structural Welding Code Steel using the base metals and electrodes specified herein. C. Welding materials and workmanship shall conform to the Structural Welding Code - Steel. All welds shall be considered Prequalified if they conform to the Prequalified joints specified in Chapter 3 of the Structural Welding Code - Steel. D. Welding electrodes shall conform to the requirements of Structural Welding Code Steel and shall be the E70XX series. E. Welding shall be by the manual shielded metal-arc process. If the fabricator wishes to use other processes, full details of materials, equipment, and procedures shall be submitted to and approved by the Engineer before any welding, other than as specified herein, is performed. F. All welds shall be free of undercut, unfilled craters, and cracks, and shall have smoothly faired contours. Flux and loose scale shall be-removed from previous weld bead before succeeding bead is laid. G. All temporary (tack) welds shall meet all the specified requirements of the final welds. Tack welds that will be incorporated into the final weld shall be cleaned and thoroughly fused with final weld. Defective, cracked or broken tack welds shall be removed before final welding. Tack welds not incorporated into the final weld shall be removed. H. No welding shall be performed during the following weather conditions: 1. Ambient temperature in the immediate vicinity of the weld is below 0 F, 13122A

277 METAL FABRICATIONS 2. If the welded surfaces are wet or are exposed to rain or snow, 3. High wind velocity. A temporary wind shelter may be used in order to reduce the wind directly exposed to the weld to a maximum of 5 mph, 4. Other inclement conditions that will hamper good workmanship. I. All welds shall be marked by either submitting written records that indicate the location of welds made by each welder or by identifying the welds with a number, letter or symbol that corresponds to the individual welders. J. Welds other than those indicated on the design drawings may be used only if reviewed and no exceptions are taken by the Engineer. K. When welding is unsatisfactory or indicates inferior workmanship as determined by the Engineer, corrective measures shall be required. Where requirements prescribe the removal of part of the weld or a portion of the base metal, such removal shall be by machining, grinding, chipping or machining. All weld repairs shall be proposed by the General Contractor and reviewed by the Engineer with No Exceptions Taken. Defective or unsound welds shall be corrected either by removing and replacing the entire weld, or as follows: 1. Overlap, excessive convexity or excessive reinforcement: Reduce to size by removal of excess weld metal. 2. Cracks in weld or base metal: The extent of the crack shall be verified by acid etching, MT or PT methods. The crack and sound metal 2 inches beyond each end of the crack shall be removed and rewelded. 3. Excessive concavity of weld or crater, Undersize welds, Undercutting: Clean and deposit additional weld metal. 4. Incomplete fusion, excessive weld porosity or slag inclusions: Remove and replace the defective portions of weld. 5. Removal of adjacent base metal during welding: Clean and reform base metal full size by depositing additional weld metal. 6. Base metals distorted from welding: Straighten by mechanical means or by application of a limited amount of localized heat. L. Where work performed subsequent to the making of a deficient weld has rendered the weld inaccessible or has caused new conditions which would make the correction of the deficiency dangerous or ineffective, the original conditions shall be restored by removal of welds or members or both before making the necessary corrections, or else the deficiency shall be corrected by additional work according to a revised design approved by the Engineer. M. In the event that faulty welding or its removal for rewelding, shall so damage the base metal that in the judgment of the Engineer its retention is not in accordance with the intent of the Drawings and Specifications, the Contractor shall remove and replace the damaged material at no additional cost to the Owner. N. Erector shall perform the following inspection of the welding operation and welds: 1. Verification inspection of the welding materials and procedures and the welder's qualifications, 2. Visual inspection of all shop and field welds at the jobsite, 3. UT (Ultrasonic Testing) of all complete penetration welds 4. Magnetic Particle (MT) of all fillet welds 5. Additional testing, such as PT (Liquid Penetrant Testing), Dye Penetrant 13122A

278 METAL FABRICATIONS Testing (DP), MT or UT may be performed at the discretion of the Independent Testing Firm. 6. Acceptance of welds shall be based on Chapter 6 of the AWS Structural Welding Code. 3.6 ERECTION AND INSTALLATION A. All metals shall be properly located, aligned, leveled and plumbed. All items embedded in or connected to other substrates shall be properly coordinated and installed. B. Columns and base plates shall be set and accurately plumbed and leveled. C. Column base plates shall rest on setting plates, as required by the erector. D. Setting plates shall conform to the following: 1. Top surface of plates shall be flat to within inches in 12-inches. 2. Top surface of plates shall be level to within inches in 12-inches. 3. Total of both out-of-level and cut-of-flatness shall not exceed inches in 12-inches. 4. Plates shall not be thinner than 1/4-inch, or smaller in any horizontal dimension than the base plate supported thereon. D. Grouting of column setting plates shall be performed under Section of the Specification. Structural grouting shall be non-shrink and conform to the requirements of Specification Section No load shall be applied to grout until five days after the plate has been grouted. E. All unmatched holes in shop assembly of field connections shall be reamed and the pieces match marked before disassembly. Drift pins shall be used only for bringing members into position and not to enlarge or distort holes. Any piece weakened by reaming to compensate for eccentricity to a point where the strength of the joint is impaired shall be rejected and a new and satisfactory piece shall be provided by the Contractor at his own expense. Slotted holes and washers shall be provided for truing up steel requiring accurate alignment. F. Camber of beams and girders shall be that indicated on the Drawings. Where no camber is indicated, any minor camber resulting from rolling or shop assembly shall be upward. G. The use of a gas cutting torch in the field for correcting fabrication errors will not be permitted upon any primary member of the structural framing. The use of a gas cutting torch will be permitted only on secondary members, and then only after the review and no exceptions taken by the Engineer. H. Top edge of weir plates shall be set straight, true and accurately to the elevations indicated on the Drawings. I. Coat surfaces of the following metals in contact with masonry, concrete, grout or dissimilar metals with Polyamide Epoxy Primer: 1. Carbon steel (uncoated) 2. Galvanized steel 3. Cast iron 4. Aluminum J. Splice pipe rails in field with internal sleeves fastened with set screws on one end and welded on other A

279 METAL FABRICATIONS K. Install railing in accordance with manufacturers recommendations. L. Provide smooth end loops to all cut guards. M. Install grating and floor plate angle supports at all perimeters of covered openings. N. Attach ladders to structures at a maximum of 4 feet on center unless otherwise indicated. 3.7 GALVANIZING [NOTE TO SPECIFIER: 1 REMOVE PRIMERGALV, COLORGALV AND THERMOSET COATINGS IF NOT USED 2 IF PRIMERGALV, COLORGALV OR THERMOSET COATINGS ARE USED, SPECIFICALLY LIST WHICH ITEMS WILL RECEIVE THESE COATINGS. CONSIDER A SCHEDULE] A. Acceptable manufacturers: 1. Duncan Galvanizing, Everett, MA 2. Connecticut Galvanizing, Glastonbury, CT 3. V&S Taunton Galvanizing, LLC, Taunton, MA B. All galvanizing processes, materials and systems described herein are based on Duncan Galvanizing, Everett, MA. Equivalent systems by other galvanizing plants will be permitted provided they meet the requirements of the Specification. C. Provide hot-dipped galvanizing coatings to all structural steel and hardware as indicated on the Drawings and herein. Galvanizing coating shall consist of one of the following products: 1. Duragalv 2. Primergalv 3. Colorgalv 4. Thermoset D. Duragalv 1. Duragalv coating shall consist of a zinc rich galvanized coating surface without additional finishes. 2. Hot-dip galvanize all fabricated items in accordance with ASTM A123 and hardware items in accordance with ASTM A Prior to galvanizing, drill vent and drain holes in tubular steel shapes as required by the galvanizer. 4. Galvanizing process shall consist of the following steps: a. Degreasing - Immerse the steel in an acid degreasing bath or caustic solution in order to remove the dirt, oil, and grease from the surface of the steel. After degreasing, the steel is rinsed with water. b. Pickling Immerse the steel in an acid tank filled with either hydrochloric or sulfuric acid, which removes oxides and mill scale. After all oxidation has been removed from the steel, it is again rinsed with water. c. Fluxing - Immerse the steel in an acid tank filled with a combination of zinc chloride and ammonium chloride. The flux shall clean the steel of all oxidation developed since the pickling of the steel and to create a 13122A

280 METAL FABRICATIONS protective coating to prevent the steel from any oxidizing before entering the galvanizing kettle. d. After being immersed in the Degreasing, Pickling, and Fluxing tanks, the surface of the steel shall be completely free of any oxides and any other contaminants that might inhibit the reaction of the iron and liquid zinc in the galvanizing kettle. e. Galvanizing The galvanizing process shall include the following steps: i. Immerse the steel in a galvanizing kettle containing liquid zinc. ii. The zinc shall be at least 98% pure and shall be heated to a temperature ranging from F, at which point the zinc is in its liquid state. iii. The steel products shall be immersed into the galvanizing kettle and remain in the kettle until the temperature of the steel has reached the temperature required to form a hot-dip galvanized coating. iv. Once the interdiffusion reaction of iron and zinc is completed, the steel product is withdrawn from the zinc kettle. v. Excess zinc shall be removed by draining or vibrating. vi. The finished product shall be inspected by using a variety of simple physical and laboratory tests to determine thickness, uniformity, adherence and appearance. 5. Fill vent holes after galvanizing, if applicable, and grind smooth. 6. Galvanize items after assembly when possible. 7. Galvanizing shall provide a visually acceptable coating and shall be free of lumps, globules, sharp edges or heavy deposits which will interfere with intended use or aesthetic appearance of materials. The Galvanized surface shall exhibit a rugosity (smoothness) of 4 rug or less (16-20 microns of variation) when measured by a profilometer over a 1 inch straight line on the surface of elements that are less than 24 pounds per running foot. Profilometer shall be capable of operating in 1 micron increments. 8. Warranty: Provide galvanizer's standard warranty stating that finished galvanized surfaces will be free from 10 percent or more visible rust for 20 years. E. Primergalv 1. Primergalv coating shall consist of a zinc rich galvanized coating surface with an additional factory applied primer finish. 2. Apply Duragalv coating to the steel as specified above. 3. Apply primer within 12 hours after galvanizing at the same galvanizer's plant in a controlled environment meeting applicable environmental regulations and as recommended by the primer coating manufacturer. Primer shall have a two year re-coat window for application of finish coat. 4. Primer shall be certified to have a VOC limit less than 2.8 lbs/gal and conform to EPA and local requirements. Primer shall meet or exceed the following performance criteria: a. Abrasion Resistance: ASTM D 4060 (CS17 Wheel, 1,000 grams load) 1 kg load, 200 mg loss. b. Adhesion: ASTM D 4541, 1050 psi A

281 METAL FABRICATIONS c. Corrosion Weathering: ASTM D 5894, 13 cycles, 4,368 hours, 10 per ASTM D 714 for blistering; 7 per ASTM D 610 for rusting. d. Direct Impact Resistance: ASTM D 2794, 160 in. lbs. e. Flexibility: ASTM D 522, 180 degrees bend, 1 inch mandrel, Passes. f. Pencil Hardness: ASTM D 3363, 3H. g. Moisture Condensation Resistance: ASTM D 4585, 100 degrees F, 2000 hours, Passes with no cracking or delamination. h. Dry Heat Resistance: ASTM D 2485, 250 degrees F. i. Accelerated Weathering: QUV- ASTM D 4587 QUV A 5000 Hours: Passes. j. Salt Fog Resistance: ASTM B 117, 5,600 hours No cracking or blisters. 5. Primer shall exhibit a rugosity (smoothness) of 4 rug or less (16-20 microns of variation) when measured by a profilometer over a 1 inch straight line on the surface of elements that are less than 24 pounds per running foot. Profilometer shall be capable of operating in 1 micron increments. 6. Warranty: Provide galvanizer's standard warranty stating that finished galvanized and primed surfaces will be free from 10 percent or more visible rust for 20 years. F. Colorgalv 1. Colorgalv coating shall consist of a zinc rich galvanized coating surface with an additional factory applied architectural coating. 2. Apply Duragalv coating to the steel as specified above. 3. Apply polyamide epoxy primer within 12 hours after galvanizing at the same galvanizer s plant in a controlled environment meeting applicable environmental regulations and as recommended by the primer coating manufacturer. 4. Finish coat shall be factory-applied color-pigmented architectural finish. Apply finish coating at the galvanizer s plant, in a controlled environment meeting applicable environmental regulations and as recommended by the finish coating manufacturer. 5. Coatings shall be certified VOC compliant and conform to applicable regulations and EPA standards. 6. Apply the galvanizing, primer, and coating within the same facility and provide single-source responsibility for galvanizing, priming and finish coating. 7. Clean galvanized surface to create an acceptable profile for coatings. Galvanizer shall certify that performance will be met without blast cleaning and coating will be applied within 12 hours of galvanizing at the galvanizer s plant. If blasted, galvanizer shall certify that rugosity standards are met. 8. Primer shall meet or exceed the following performance criteria: a. Abrasion Resistance: ASTM D 4060 (CS17 Wheel, 1,000 grams load) 1 kg load, 200 mg loss. b. Adhesion: ASTM D 4541, 1050 psi. c. Corrosion Weathering: ASTM D 5894, 13 cycles, 4,368 hours, 10 per ASTM D 714 for blistering; 7 per ASTM D 610 for rusting. d. Direct Impact Resistance: ASTM D 2794, 160 in. lbs A

282 METAL FABRICATIONS e. Flexibility: ASTM D 522, 180 degrees bend, 1 inch mandrel, Passes. f. Pencil Hardness: ASTM D 3363, 3H. g. Moisture Condensation Resistance: ASTM D 4585, 100 degrees F, 2000 hours, Passes with no cracking or delamination. h. Dry Heat Resistance: ASTM D 2485, 250 degrees F. i. Accelerated Weathering: QUV- ASTM D 4587 QUV A 5000 Hours: Passes. j. Salt Fog Resistance: ASTM B 117, 5,600 hours No cracking or blisters. 9. Topcoat shall meet or exceed the following performance criteria: a. Abrasion Resistance: ASTM D 4060, CS17 Wheel, 1,000 cycles 1 kg load, 87.1 mg loss. b. Adhesion: ASTM D 4541, 1050 psi. c. Direct Impact Resistance: ASTM D 2794, greater than 28 in. pounds. d. Dry Heat Resistance: ASTM D 2485, 200 degrees F (93 C). e. Salt Fog Resistance: ASTM B 117 9,000 hours, Rating 10 per ASTM D 714 for blistering, Rating 9 per ASTM D 610 for rusting. f. Flexibility: ASTM D522, 180 degrees bend, 1/8 inch mandrel, Passes. g. Pencil Hardness: ASTM D 3363, F. h. Moisture Condensation Resistance: ASTM D 4585, 100 degrees F, 1000 hours, No blistering or delamination. i. Xenon Arc Test: ASTM D 4798, Pass 200 hours. j. Corrosion Weathering: ASTM D 5894, 21 Cycles, 7056 Hours: Rating 10 per ASTM D714 for blistering. Rating 9 Per ASTM D 610 for Rusting. k. Thermal Shock: ASTM D 2246, 15 cycles, Excellent. 10. Topcoat shall exhibit a rugosity (smoothness) of 4 rug or less (16-20 microns of variation) when measured by a profilometer over a 1 inch straight line on the surface of elements that are less than 24 pounds per running foot. Profilometer shall be capable of operating in 1 micron increments. 11. Warranty: Provide galvanizer s standard warranty stating that finished galvanized and coated surfaces will be free from 10 percent or more visible rust for 20 years. G. Colorgalv Thermoset 1. Colorgalv Thermoset coating shall consist of a zinc rich galvanized coating surface with an additional factory applied heat cured architectural coating. 2. Apply Duragalv coating to the steel as specified above. 3. Apply High-Performance Thermosetting Based Coating. Factory-applied metal coatings shall be applied in a facility acceptable to the coating manufacturer. Factory applied coating shall include an architectural grade primer. Full cure of the coating system shall be verified by the coating manufacturer s recommended test methods. 4. Thermoset coating shall meet or exceed the following criteria as established by the coating manufacturer. a. Adhesion: ASTM D 3359, no loss. b. Hardness: ASTM D 3363 (pencil), H min. c. Falling Sand: ASTM D L/mil A

283 METAL FABRICATIONS d. Salt Spray: ASTM B 117, passes 3000 hrs. e. Humidity: ASTM D 2247, 3000 hours, few #8 blisters. f. Impact Resistance (3mm): ASTM D 2794, no loss. g. Color Retention: ASTM D 2244, 5 year less than or equal to 5 delta E. h. Chalk Resistance: ASTM D 4214, #8 rating. i. Gloss Retention: ASTM D 523, greater than or equal to 30 percent retention. j. Erosion Resistance: ASTM B 244, less than 10 percent film loss. k. Compliance: AAMA Warranty: Provide galvanizer s standard warranty stating that finished galvanized and coated surfaces will be free from 10 percent or more visible rust for 20 years. H. Galvanizing Thickness 1. The minimum thickness of zinc coating (in ounces/square foot) on steel shapes shall conform to Table 1 below: [Note to Specifier: Table is Table 1 from ASTM A123] Table 1 - Zinc Coating Thickness (oz/sf) Metal Thickness (in) Steel Shape 1/16-1/8 1/8-3/16 3/16-1/4 >1/4 Shapes and Plates Strips and Bars Pipe and Tube The minimum thickness of zinc coating (in ounces/square foot) on steel fasteners shall conform to Table 2 below: [Note to Specifier: Table is table 3 from ASTM A153] Table 2 - Zinc Coating Thickness (oz/sf) Fastener Average of Specimen Individual Specimen Class A Castings: Malleable Iron and Steel Class B Rolled, pressed and forged articles B1-3/16 inch and over in thickness and over inches in length B2 - Under 3/16 inch in thickness and over inches in length B3 Any thickness and 15 inches and under in length Class C - Fasteners over 3/8 inch diameter Washers 3/16 inch and ¼ inch thick Class D - Fasteners 3/8 inch and under in diameter, rivets and nails. Washers under 3/16 inch in thickness A

284 METAL FABRICATIONS I. Touch up and repair: After erection, touch-up all damaged galvanized and coated surfaces and field welds as follows: 1. Unless otherwise indicated, all touch up and repairs to galvanized surfaces shall be in strict accordance with the manufacturer s recommendations. 2. Surfaces to be reconditioned with zinc-rich paint shall be clean, dry, and free of oil, grease and corrosion. 3. Areas to be repaired shall be power disc sanded to bright metal. To ensure that a smooth reconditioned coating can be effected, surface preparation shall extend into the undamaged galvanized coating. 4. At galvanized surfaces, apply organic zinc repair paint complying with requirements of ASTM A780. Galvanizing repair paint shall have percent zinc by weight. 5. The paint shall be spray applied in multiple coats until a dry film thickness of 4-6 mils minimum has been achieved. 6. Coating thickness shall be verified by measurements with a magnetic or electromagnetic gauge. 7. Repair Paint: a. ZIRP by Duncan Galvanizing b. Or equivalent 3.8 SURFACE PREPARATION AND SHOP COATINGS A. Provide Surface Preparation and Shop Coatings in accordance with specification Section 09905, except for areas which to be field welded shall be protected with a shop coat of linseed oil. B. Shop coats shall be compatible with and made by the same manufacturer as the field top coats as specified in Section Contractor shall coordinate the installation of the top coats with the shop coats. C. After erection touch-up all abrasions and field welds with same material used on shop coating. 3.9 CLEANING A. Clean surfaces of all work of this section as well as the areas in the vicinity PROTECTION A. Protect installed work from: 1. Splatter or debris from adjacent construction. 2. Excess construction loading and use. END OF SECTION 13122A

285 SECTION PAINTING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes surface preparation and field painting of the following surfaces of new items unless specified elsewhere to be prefinished. This includes pre-primed surfaces. 1. Painting of all exposed exterior surfaces. B. This Section also includes: 1. All surfaces of ferrous metal fabrications built into concrete and masonry shall be shop primed or receive a primer coat in accordance with this section. All surfaces exposed to view shall receive intermediate and finish coats. 1.2 RELATED SECTIONS A. Section Submittals B. Section Cast-in-Place Concrete C. Section Metal Fabrications 1.3 REFERENCES A. ASTM D Practice for Testing Water Resistance of Coatings in 100 Percent Relative Humidity. B. ASTM D Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). C. ASTM E84 - Test Method for Surface Burning Characteristics of Building Materials. D. D ASTM D Standard Practice for Preparation of Zinc (Hot-Dip Galvanized) Coated Iron and Steel Products for Painting E. Federal Test Method No Method 6141, Stain Removal. F. ANSI A Scheme for the Identification of Piping Systems. G. SSPC - Steel Structures Painting Council. H. SSPC-PA1, Standard for Shop, Field, and Maintenance Painting. I. SSPC-PA2, Measurement of Dry Paint Thickness with Magnetic Gauges. J. SSPC-SP16, "Brush Blast Cleaning of Non Ferrous Metals" K. SSPC-PA Guide 3, Standard A Guide to Safety in Paint Application, latest revision. L. VOC Standards - All coatings shall be in accordance with all applicable State and Federal VOC Standards. 1. OSHA 29 CFR Gases, Vapors, Fumes, Dusts and Mists. 2. Ozone Transportation Commission (OTC) 2005 VOC Regulation MRSA: Section 584A; Air Protection and Improvement Law. Project Number

286 Section Name 1.4 SUBMITTALS A. Submit product data under provisions of Section including tested performance characteristics. B. Submit manufacturer s color chips showing the full range of colors available for each type of finish coat material specified. C. Submit schedule on manufactures letter head with list of items to be coated, type and manufacturer of shop coating and type of field coating, including primers, details on surface preparation methods, application procedures and dry mil thickness. D. Submit a letter from the manufacturer certifying that the products submitted are applicable for the applications indicated. E. Submit coating manufacturer s certification that the proposed coatings meet all state and federal VOC regulations. 1.5 QUALITY ASSURANCE A. All materials used on work shall be exactly as specified in brand and quality. No claim by the Contractor as to unsuitability or unavailability of any material specified, or his unwillingness to use same, or his inability to produce first class work with same, will be entertained unless such claims are made in writing and submitted to the Engineer at least seven (7) days prior to the date established for receipt of General Bids. B. Before purchasing materials for the work, the Contractor shall submit to the Engineer a list of the products he proposes to use, and the list shall be reviewed by the Engineer and no exceptions taken and reviewed by him before commitment for materials is made. C. Materials selected for coating systems for each type of surface shall be the products of a single manufacturer. D. Include on label of all containers: 1. Manufacturer's name 2. Type of paint 3. Manufacturer's stock number 4. Color 5. Instructions for reducing, where applicable 6. Label analysis 7. Shelf life dates E. Field Quality Control: 1. Contractor shall request review by the Engineer, of first finished room, space or item of each color, texture and method of applications, prior to proceeding with additional painting. 2. Use first acceptable room, space or item as the project standard for each color scheme. 3. For spray application, when applicable, paint a surface not smaller than 100 square feet as the project standard. Project Number

287 Section Name 4. Repainting of materials failing to meet the requirements of the Specifications or Drawings, shall be performed by the Contractor, at no additional cost to the Owner. 5. The number of coats and total mil thickness specified in the paint schedule are minimums. If the specified minimum film thickness is not achieved, additional coats shall be applied to achieve the total film thickness specified. F. Paints submitted shall meet all Federal and State regulations pertaining to Volatile Organic Compounds (VOC) compliance, and be in accordance with OTC 2005 Standards. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver coating materials in sealed containers with labels legible and intact. B. Store only acceptable project materials on the project site. C. All painting materials shall be stored and mixed in a single location coordinated with the Engineer. The Contractor shall not use any plumbing fixture or pipe for mixing or for disposal of any refuse. The Contractor shall carry all necessary water to the mixing room, and shall dispose of all waste outside of the building in a suitable receptacle. D. Restrict storage location to paint materials and related equipment and supplies. E. Keep storage location neat and clean. F. Remove all soiled and used rags, waste and trash from the storage location and building at the end of each work day. G. Repair all damage to the storage location, caused by painting materials and equipment at no additional cost to the Owner. H. Comply with all applicable health and fire codes and regulations including safety precautions recommended by the manufacturer. Storage space shall be provided with a suitable fire extinguisher fully charged at all times. I. Heat shall be provided in the storage area if paints are to be stored during winter months. The temperature shall be maintained above 40 degrees F at all times. 1.7 ENVIRONMENTAL REQUIREMENTS A. Comply with manufacturer's recommendations as to environmental conditions under which coatings and coating systems shall be applied. B. Do not apply coatings in areas where dust is being generated. C. Do not apply coatings when the air or material surface temperature is below 50 degrees Fahrenheit and unless the temperature is at least 5 degrees Fahrenheit above the dew point. D. Do not apply exterior coatings in frosty, damp or rainy weather or while surfaces are exposed to hot sunlight. 1.8 EXTRA MATERIALS A. For all materials with a shelf life of greater than 12 months, provide one gallon of each type and each color of touch-up paint shall be provided to the Owner by the Contractor in unopened containers. Project Number

288 Section Name PART 2 - PRODUCTS 2.1 MANUFACTURERS (PAINT) A. Tnemec Company, Inc. B. Sherwin Williams C. PPG 2.2 MATERIALS A. Refer to the paint schedule for specific products and application. 2.3 COMPONENTS A. All finish coats shall be compatible with shop prime coats. B. Turpentine shall be pure spirits of turpentine. C. Shellac shall be four pounds and shall meet the U.S. Government specifications as issued by the Bureau of Commerce. 2.4 MIXING AND TINTING A. Deliver paints and enamels ready-mixed to project site. B. Accomplish job mixing and job tinting only when required and no exceptions taken by the Engineer. C. Mix only in mixing pails placed in suitably sized nonferrous or oxide resistant metal pans. D. Use only tinting colors recommended by the manufacturer for the specific type of finish. E. Fungicidal agents, when applicable, shall be incorporated into the paints and stains by the manufacturer. F. Mix and prepare paints in strict accordance with Manufacturers recommendations. PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces scheduled to receive paint and finishes for conditions that will adversely affect execution, permanence or quality of work and which cannot be put into an acceptable condition through preparatory work as included in Part 3.2, Surface Preparation. B. Immediately notify the Engineer in writing when a surface to be finished cannot be put into an acceptable condition. C. Do not proceed with surface preparation or coating application until conditions are suitable. D. The Contractor shall be responsible for and shall rectify, at no additional cost to the Owner any unsatisfactory finish resulting from the application of coatings on surfaces not in acceptable condition. Project Number

289 Section Name 3.2 SURFACE PREPARATION A. Ferrous Metal Surfaces (Items not shop primed): 1. All submerged ferrous metals shall be sandblast cleaned in accordance to SSPC- SP10 immediately prior to priming. 2. All other ferrous metals shall be sandblast cleaned in accordance to SSPC-SP6 immediately prior to priming. 3. Remove dirt, oil and grease by washing surfaces with mineral spirits. 4. Surfaces shall be dry and free of dust, oil, grease and other foreign material before priming. 5. Feather edges of sound existing paint by grinding, if necessary. 6. Clean and touch up weathered, worn or damaged shop coats of paint with the specified primer. 7. Restore shop coats of paint with identical materials if removed for welding and fabrication. B. Galvanized metals indicated to be painted (nonferrous metals): 1. Solvent clean in accordance with ASTM D Surfaces shall receive SSPC-SP-16 and shall be surfaced prepared in accordance with ASTM D Surfaces shall be dry and free of dust, oil, grease and other foreign material before priming. 4. Restore shop coats of paint with identical materials if removed for welding and fabrication. C. Workmanship: 1. Employ skilled workmen to insure workmanship of the highest quality. 2. Materials shall be applied only by craftsmen experienced in the use of the specific products involved. D. General Requirements: 1. Apply all coatings under adequate illumination. 2. Perform no work in the rain, dew, or fog, when the temperature is below 50 degrees Fahrenheit and at least 5 degrees Fahrenheit above the dew point, or before the other coats have thoroughly dried. 3. Do not apply coatings until the material surfaces are thoroughly dry. 4. Apply paints and varnishes with suitable brushes, rollers or spraying equipment. a. The rate of application shall not exceed that as recommended by the paint manufacturer for the surface involved. b. Keep brushes, rollers and spraying equipment clean, dry and free from contaminates and suitable for the finish required. c. Apply stain by brush. Cover surfaces with a uniform coat and wipe off if required. d. Make each coat a different tint from that of the preceding coat, with final coat tinted to the exact shade selected by the Engineer. Lightly sand surfaces between each coat of gloss and semi-gloss finishes, and wipe clean. Project Number

290 Section Name 5. Comply with the recommendation of the product manufacturer for drying time between succeeding coats. Contractor shall follow the manufacturer s specific curing requirements for rust inhibitive primer shop coats prior to allowing topcoating. 6. Sand and dust between each coat to remove defects visible from a distance of five feet. 7. Finish coats shall be smooth, free of brush marks, streaks, laps or pile up of paints and skipped or missed areas. 8. Inspection: a. Do not apply additional coats until the completed coat has been inspected by the Engineer. b. Only inspected and reviewed coats will be considered in determining the number of coats applied. 9. Leave all parts of moldings and ornaments clean and true to details with no undue amount of paint in corners and depressions. 10. Make edges of paint adjoining other materials or colors clean and sharp with no overlapping. 11. Apply primer on all work before glazing. 12. Refinish entire wall where portion of finish has been damaged or is not acceptable. 13. Apply one coat of metal primer, of the types specified hereunder, and one coat of flat black metal enamel, to the surfaces of all ductwork behind grilles, for a distance of 18 inches. 14. Back prime all exterior and interior wood finish and trim. 15. Runs on face are not permitted. 3.3 FINAL INSPECTION A. Protect all painted and finished surfaces against damage until the date of final acceptance of the work. The Engineer will conduct a final inspection of all painters' work. As part of the final inspection the Contractor shall demonstrate compliance with the specified film thickness with appropriate paint gauges. The Contractor shall be required to repaint, refinish, or retouch any areas found which do not comply with the requirements of this Section. 3.4 PAINT SCHEDULE A. The following product model and coatings system numbers are listed below to establish the standard of quality. Equivalent products from other manufactures will be accepted provided they meet or exceed the performance of the listed products. B. The primer coat is not required on shop primed items. Installer to verify that proposed field coatings are compatible with shop coatings. SURFACE/ITEM SURFACE PREPARATION PRIMER INTERMEDIATE FINISH Project Number

291 Section Name SURFACE/ITEM METALS All Other Weather Exposed and Enclosed Ferrous Metals All Other Weather Exposed and Enclosed Ferrous Metals SURFACE PREPARATION SHOP SHOP PRIMER INTERMEDIATE FINISH Tnemec Series N69 Tneme- Epoxoline 11 at 3 to 5 mils OR SW Macropoxy 646 at 5 to 6 mils Tnemec Series 1 Omnithane Gray at 2.5 to 3 mils OR SW-Kem-Bond HS Universal Primer at 3 mils Tnemec Series N69 Tneme- Epoxoline 11 at 3 to 5 mils OR SW Macropoxy 646 at 5 to 6 mils Tnemec Series 1028/1029 Enduratone at 2 to 3 mils OR SW Industrial Enamel HS at 2 to 4 mils Tnemec Series 73 Endura-shield at 3 to 4 mils OR SW Acrolon 218 HS Acrylic Polyurethane Tnemec Series 1028/1029 Enduratone at 2 to 3 mils OR SW Industrial Enamel HS at 2 to 4 mils NOTES: 1. Surface preparation shall be as specified within this section and as noted in the table above. 2. Primer shall be applied in the shop to prevent flash rusting. 3. All dry film thickness indicated are the minimum required. 4. All ferrous metals and piping delivered to the site with shop primers other than the specified primer shall receive an intermediate coat as necessary for compatibility with the indicated top coats. 5. Galvanized surfaces to be painted shall be prepared in accordance with ASTM D6386 and SSPC-SP If the polyurethane top coats are not compatible with the manufacturer s alkyd primer apply a polyamide epoxy as the intermediate coat. 7. Epoxy primers and intermediate coats that have been in place for more than 45 days shall be prepared as indicated under the "Surface Preparation" Section of this Specification. 8. Tnemec 161 can be used where the cold temperatures affect cure and dry times END OF SECTION Project Number

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303 ATTACHMENT 3 SITE SPECIFIC QUALITY ASSURANCE PROJECT PLAN Bid Form -13

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305 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 TABLE OF CONTENTS 1. TITLE AND APPROVAL PAGE INTRODUCTION PROBLEM DEFINITION Site Description Site History Prior Investigations PROJECT DESCRIPTION & TIMELINE Redevelopment Scenario Proposed Project Timeline CONCEPTUAL SITE MODEL Physical Setting Current Contaminants of Concern Extent of Contamination Exposure Pathways and Potential Receptors Migration Analysis & CSM Summary SAMPLING DESIGN Objectives Waste Characterization Sampling SAMPLING & ANALYTICAL METHOD REQUIREMENTS Waste Characterization Sampling REGULATORY STANDARDS Soil Waste Characterization Results...14 CREDERE ASSOCIATES, LLC

306 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 FIGURES Figure 1... Site Location Plan Figure 2... Detailed Site Plan Figure 3... Project Organization Flow Chart TABLES Table 1... Sample Reference Table Table 2... Standard Operating Procedure (SOP) Reference Table APPENDICES Appendix A... Analytical Sensitivity and Project Criteria Tables CREDERE ASSOCIATES, LLC

307 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, INTRODUCTION Credere Associates, LLC (Credere) was retained by the City of Biddeford (the City) to prepare this Site-Specific Quality Assurance Project Plan (SSQAPP) to be implemented during cleanup of the Former FPL Site located Laconia and York Street in the City of Biddeford, Maine (the Site). The City is using funding from a U.S. Environmental Protection Agency (EPA) Brownfield Cleanup Grant (Grant number: BF ) to conduct the cleanup. This SSQAPP presents the following information: The problem definition including a site description and summary of background information for the Site Project description and timeline An updated conceptual site model (CSM) The cleanup objectives and proposed sampling design and rationale Site-specific field sampling and analytical methodology Regulatory standards applicable to the Site for each proposed sampling media This SSQAPP was prepared to be used in concert with Credere s Generic Quality Assurance Project Plan (QAPP) EPA Quality Assurance Tracking: Request for Assistance (RFA) #14069, dated April 15, 2014, that was prepared for all of Credere s EPA Brownfields work in Maine. The quality assurance and quality control (QA/QC) procedures outlined in Credere s Generic QAPP will be followed for this investigation program including sample collection, handling, and analysis of samples; chain-of-custody; and data management, documentation, validation and usability assessment. Sampling as outlined in this SSQAPP will not occur until receipt of approval from EPA and the Maine Department of Environmental Protection (Maine DEP). Figure 1 shows the general location of the Site in Biddeford, Maine; Figure 2 presents pertinent Site features; and Figure 3 is Credere s Project Organization Flow Chart for the project team. 4 CREDERE ASSOCIATES, LLC

308 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, SITE DESCRIPTION 3. PROBLEM DEFINITION The 0.35-acre Site is located between Laconia Street and the western bank of the Saco River in Biddeford, Maine. The Site slopes significantly toward the Saco River and is currently vacant and overgrown with vegetation. An area of rip rap and a concrete river wall form part of the northeastern edge of the Site along the river. The Site is currently owned by the City of Biddeford. The Site is located within the Mill District in the City of Biddeford (High Density/Mixed Use Zone-MSRD3). Land use in the surrounding area is primarily commercial, industrial, and residential. Land located to the south of the Site is located within the City of Biddeford s Commercial Core Zone (MSRD1), and the northeast portion of the Site is considered to be zoned as General Development (GD). 3.2 SITE HISTORY The Site was formerly utilized as part of the Riverdam Mill and was improved with mill structures used for storage, production and/or the transportation of goods between the late 1800s and the mid/late 1900s. According to previous environmental reports, the Site was also used for the storage of electrical transformers in the late 1900s by the Central Maine Power Company (CMP). Since demolition of the previous Site buildings, this area has become overgrown with vegetation and provides little value to the surrounding mill complex that is actively being revitalized into a variety of uses including offices, workshops, restaurants, and residences. 3.3 PRIOR INVESTIGATIONS Phase I ESA, Ransom, October 31, 2011 Ransom performed a Phase I ESA for the Site dated October 31, 2011, and identified the following recognized environmental conditions (RECs): Environmental investigations completed at adjacent properties and properties located in an upgradient position relative to the Site identified metals, volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs,) diesel range organic compounds (DRO), and polycyclic aromatic hydrocarbons (PAHs) in surface and subsurface soils at concentrations that exceeded applicable Maine DEP RAGs. Due to the proximity and upgradient position of these investigations, Ransom indicated similar contaminants were likely also present at the Site. The City and FPL personnel indicated CMP formerly stored electrical transformers onsite. FPL indicated an environmental report documenting potential environmental conditions as a result of this activity may exist; however, FPL representatives were unable to locate a copy of the report for review as part of Ransom s assessment. Ransom concluded that improperly stored transformers may represent a threat of release of polychlorinated biphenyls (PCBs) to the surface or into the subsurface of the Site. 5 CREDERE ASSOCIATES, LLC

309 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 Stormwater discharge pipes were observed in the central portion of the property. City personnel indicated stormwater from the adjacent mill complex(s) was collected and discharged onto the Site through the subsurface collection system. Ransom indicated historical and existing spills, releases, and poor housekeeping practices at the adjacent mill facilities may have been discharged through the stormwater collection system and ultimately onto the Site. Based on these RECs, Ransom recommended the following: A limited subsurface and/or surface soil investigation to assess impacts to the Site from historical industrial operations conducted on the Site, historical industrial operations conducted on adjacent and upgradient properties, the potential releases associated from historical electrical transformers stored on-site, and the potential for releases associated with the stormwater discharge points on-site. Development of a Soil Management Plan (SMP) to address necessary actions in the event contaminated soil is encountered during Site redevelopment. Filing of a deed restriction dependent upon the results of the recommended limited soil investigation. The deed restriction would require that certain Site use conditions/covenants be imposed on the property, such as prohibiting/managing the excavation of on-site soils and/or prohibiting groundwater extraction. Application to the Maine DEP Voluntary Response Action Program (VRAP) in order to receive associated liability protections. Sampling Letter Report, AMEC, July 26, 2012 AMEC conducted a limited sampling program to assess the RECs identified in Ransom s Phase I ESA. The following is a brief summary of the July 26, 2012, AMEC Sampling Letter Report: Investigation Scope Soil samples were collected from 0 to 0.5 feet below ground surface (bgs) at eight (8) locations (SS-01 through SS-08), and from 1 foot bgs at locations SS-06 and SS-08. Samples were submitted to Absolute Resources Associates (ARA) of Portsmouth, New Hampshire, and analyzed for lead, cadmium, and arsenic by EPA Method 6010B and PAHs by EPA Method In addition, samples collected from the 0 to 0.5-foot interval at locations SS-04 through SS-08, and samples collected from the 1-foot bgs interval at location SS-06 were analyzed for PCBs by EPA Method Soil Sampling, Laboratory Analysis, and Results AMEC reported that concrete was encountered at 0.5 feet bgs at location SS-05 and fill containing brick, concrete, wood, and rebar was also encountered below the grass and topsoil at locations SS-06, SS-07 and SS-08. Visual and olfactory observations did not indicate the presence of gasoline or fuel oil, and photoionization detector (PID) screening results ranged from below the instrument limit of quantification to 0.6 parts per million by volume (ppm v ). 6 CREDERE ASSOCIATES, LLC

310 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 Laboratory analytical results indicated PAH concentrations exceeding the applicable May 2013 Maine DEP RAGs and/or the Maine urban background concentrations at sample locations SS-03 (0-0.5 feet bgs), SS-05 (0-0.5 feet bgs), SS-06 (0 to 0.5 feet bgs), SS-06 (1 foot bgs), SS-08 (0 to 0.5 feet bgs), and SS-08 (1 foot bgs). Arsenic was detected in all samples exceeding the applicable Maine DEP RAGs; however, all detected arsenic concentrations were below the rural background levels presented in the RAGs. Cadmium and lead were not detected at concentrations above the applicable Maine DEP RAGs and/or established background levels, and PCBs were not detected in any of the samples selected for analysis. Conclusions and Recommendations AMEC presented the following conclusions and recommendations: Based on the analytical results, the surface soil in the central and southern portion of the Site may not be suitable for park use. If a river walk trail is constructed in this area of the Site, the risk of contact with contaminated soil in unpaved areas could be addressed by covering this area with a demarcation layer and 8 to 10 inches of clean fill, or at least 2 feet of clean fill and no demarcation layer. Paving this area is another mitigation alternative. If a wooden walkway is constructed, a SMP is recommended to manage contaminated soil left in place. To provide the property owner (the City of Biddeford) protection from the future enforcement actions, the City of Biddeford should consider entering the Site into the Maine DEP VRAP program. DRAFT Analysis of Brownfields Cleanup Alternatives and Remedial Action Plan, Credere, March 10, 2015 Concurrent with this SSQAPP Credere has prepared a draft Analysis of Brownfields Cleanup Alternatives (ABCA) to evaluate remedial options for addressing identified soil contamination at the Site. No action, soil removal and soil covering were evaluated as three alternatives based on their effectiveness, feasibility, cost, time to complete, and potential for using green remediation best management practices (BMPs). Based on the results of the comparison, soil covering was selected as the best alternative for the Site. Impacted soil is to be covered with a marker layer and 1 foot of clean fill in vegetated areas and hardscape (i.e. stone seating or concrete) in nonvegetated areas. Impacted soil will be regraded and relocated at the Site or on the adjoining City owned property to the greatest extent feasible to minimize offsite disposal. Additionally, a Soil Management Plan and Environmental Management Plan were also prepared to outline soil handling practices during construction and provide guidance for maintenance and inspection of the cover system into the future. 7 CREDERE ASSOCIATES, LLC

311 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, PROJECT DESCRIPTION & TIMELINE 4.1 REDEVELOPMENT SCENARIO The focus of this project is the cleanup and redevelopment of the Site into a public park with a public amphitheater overlooking the falls of the Saco River in the heart of the Biddeford Mill Yard. At completion, the City of Biddeford intends to incorporate the Site into the larger RiverWalk Trail system. This urban trail will run through the mill yard complexes in Biddeford and the adjacent City of Saco, Maine, ending at a recreational park in Biddeford. The trail will pass by the Site and provide access to the amphitheater via the adjoining City owned property. 4.2 PROPOSED PROJECT TIMELINE The following schedule is proposed for the assessment work. This is a dynamic schedule and tasks may be performed later based on document regulatory review time and contractor availability. TENTATIVE DATE ACTION March 2015 March-April 2015 April 2015 Week of May 18th Week of August 23rd October 2015 Submit DRAFT SSQAPP EPA and Maine DEP Review Period Finalize SSQAPP Begin Cleanup/Construction and collect waste characterization samples when needed Complete cleanup/construction Submit Remediation Summary Report 8 CREDERE ASSOCIATES, LLC

312 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, CONCEPTUAL SITE MODEL A CSM was developed using the findings of the Phase I ESA and will be updated in subsequent reports as new information becomes available. This CSM includes a description of the physical setting of the Site, contaminants of concern (COCs), extent of contamination, exposure pathways, and potential human and environmental receptors. 5.1 PHYSICAL SETTING Topography According to the United States Geological Survey (USGS) Topographic Map of the Biddeford Quadrangle, Maine, the Site is located at approximately 34 feet above mean sea level, and topography in the area gently slopes to the northeast towards the Saco River. Topography at the Site slopes steeply to the east-northeast towards the Saco River. An excerpt from this map has been included as Figure 1. Geology Surficial Geology According to the Maine Geological Survey (MGS) Surficial Geology of the Biddeford Quadrangle, Maine, map, the Site is underlain by artificial fill. Artificial fill can consists of any combination of material dependent on the source of the fill. Based on the observations recorded during the performance of AMEC s Sampling Letter Report, surficial samples collected at the Site from depths ranging between 0 and 2 feet bgs generally consisted of topsoil in the grassy areas and fill material containing concrete, brick, wood, and rebar. Bedrock Geology According to the Maine Geological Survey (MGS) Bedrock Geology of Maine, map, the Site is underlain by Silurian to Precambrian gneiss, quartzite, and schist of the Berwick Formation. Bedrock outcrops were observed in the river bed adjacent to the Site (east); however, bedrock was not encountered during the performance of AMEC s sampling activities. Hydrology The Site is composed of vegetation and is void of any impervious surfaces. As such, stormwater primarily infiltrates to the subsurface and/or sheet flows to the east towards the Saco River. According to the MGS Significant Sand and Gravel Aquifers, Biddeford Quadrangle, Maine, map, the Site is not located within a mapped significant sand and gravel aquifer. Based on mapped topography and the location of the nearest surface water body, groundwater at the Site is presumed to flow east. 9 CREDERE ASSOCIATES, LLC

313 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, CURRENT CONTAMINANTS OF CONCERN Based on the results of the limited soil sampling conducted by AMEC at the Site, current COCs include the following: PAH compounds benzo(a)anthracene, benzo(a)pyrene, and dibenzo(a,h)anthracene were identified at concentrations that exceed applicable Maine DEP RAGs. Arsenic was identified at concentrations that exceed the applicable Maine DEP RAGs in all of the soil samples collected from the Site; however, results are consistent with the Maine DEP establish undeveloped background concentrations and are generally considered background. 5.3 EXTENT OF CONTAMINATION The horizontal extent of contamination was delineated to consist of the entire central and southern portion of the Site. The northern strip of the Site that extends along the river wall was not identified to contain COCs exceeding the Maine DEP RAGs. Based on this horizontal delineation, a surface area of approximately 10,000 square feet is presumed to be impacted by the COCs. Delineation sampling was not conducted to assess the vertical extent of the PAH and arsenic impacted soil. PAH and arsenic impacts are therefore presumed to be present throughout the entire thickness of the fill material present in the central and southern portions of the Site. The approximate extent of impacted soil is depicted on Figure EXPOSURE PATHWAYS AND POTENTIAL RECEPTORS Exposure pathways describe how a human or environmental receptor comes into contact with contaminants that may be present at the Site. Potential migration pathways through ground water, surface water, air, soils, sediments, and biota were considered for each COC and each source. A migration pathway is considered an exposure pathway if there is a mechanism of contaminant release from primary or secondary sources, a transport medium, and a point of potential contact with a receptors. Both current and potential future releases and migration pathways to receptors are considered. Exposure pathways presented in the CSM include the following: Dermal Absorption: Incidental Uptake: Exposure via dermal absorption occurs when receptors are exposed to chemical concentrations present in soil, groundwater, surface water, or hazardous building materials through direct contact with the skin. This pathway is applicable when receptors may incidentally inhale or ingest impacted media in the form of contaminated dust, chips, or airborne asbestos fibers. Potential Receptors are categorized by duration of exposure and intensity of use at the Site. The receptor categories described in the CSM include the following: 10 CREDERE ASSOCIATES, LLC

314 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 Commercial Workers: Excavation or Construction Worker: Recreational or Park User: Terrestrial and Aquatic Biota: Commercial receptors are those which are present at the Site for long durations but with low intensity exposure such as indoor office workers. Excavation or construction workers are present at the Site for short durations though intensity of use is high, such as during non-routine activities including construction or utility work. Examples include utility and construction contractors. Park users are characterized by low duration, i.e. less than two hours per day, and low intensity usage such as that which would occur during activities such as walking, shopping, and bird watching. These receptors include flora and fauna which may be exposed to contaminants in their respective environments. 5.5 MIGRATION ANALYSIS & CSM SUMMARY PAHs and arsenic are the COCs for the Site. Generally, these compounds are relatively stable given the low solubility of PAHs and vegetated nature of the slope at the Site preventing erosion; however, during redevelopment, these compounds have the potential to become mobilized and erode to the Saco River. PAHs and arsenic in surface soil have the potential to impact excavation or construction workers during construction of the trail and amphitheater, outdoor commercial workers (e.g. landscapers and maintenance personnel), and park users/visitors (e.g. users of the recreational trail and amphitheater) at the Site through direct contact and incidental uptake during use and maintenance of the Site following redevelopment. Additionally, considering the Site topography, inferred groundwater flow direction, surface water drainage pattern, and exposure of impacted soil during construction, PAHs and arsenic have the potential to migrate off-site and impact aquatic biota in the adjacent Saco River primarily through soil erosion. 11 CREDERE ASSOCIATES, LLC

315 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, OBJECTIVES 6. SAMPLING DESIGN The main goal of this cleanup is to reduce exposure of potential receptors to COCs that have been identified at the Site. Exposure is planned to be reduced through covering of contaminated soil, which will prevent the direct contact and incidental uptake of impacted soil and prevent erosion. Soil at the Site is planned to be reworked to maximize onsite relocation versus the more costly and consumptive off-site disposal; however, it is presumed excess and unsuitable soil will require offsite disposal during construction. Therefore, the main objective of this SSQAPP is to characterize excess soil to allow for proper offsite disposal or recycling at a facility registered to accept special waste. The following tasks are proposed to address these objectives: Collect waste characterization samples from excess soil generated during construction Specific sampling methodologies are described in Section 7. Table 1 includes the number and type of samples that are proposed to be collected. Table 2 is a Standard Operating Procedure (SOP) reference table detailing the version of each SOP that will be used during the field sampling program. 6.2 WASTE CHARACTERIZATION SAMPLING Best efforts to minimize offsite disposal by regrading soil throughout the Site and relocating soil to the adjoining City owned property, which contains similar material, will be made; however, soil than cannot be used onsite or at the adjoining property will require offsite disposal as special waste. In accordance with Maine DEP Chapter 405: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization, dated January 7, 2014, waste characterization samples will be collected as needed from excess soil generated from the Site during construction. Results will be provided in a waste characterization package to the selected waste disposal facility for pre-approval prior to shipping. In general, one (1) composite soil sample will be collected per 250 tons (approximately 150 to 230 cubic yards) of soil for disposal unless soil disposal volumes exceed 1,000 tons (approximately 670 to 910 cubic yards), then one (1) composite sample per 500 tons (approximately 330 to 455 cubic yards) will be collected. 12 CREDERE ASSOCIATES, LLC

316 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, SAMPLING & ANALYTICAL METHOD REQUIREMENTS The proposed sampling activities will be conducted according to Table 1. Field activities will be conducted in accordance with the SOPs included in Credere s Generic Maine QAPP RFA #14069, which are referenced on Table WASTE CHARACTERIZATION SAMPLING The number of samples required will be determined based on the estimated volume of soil to be disposed offsite. If more than one sample is required per Section 6.2, the stockpile or roll off container will be evenly partitioned in place for characterization sampling. The chosen disposal facility will be consulted on their waste characterization requirements (e.g. samples per volume, and sample parameter) prior to sample collection to ensure adequate characterization for acceptance. Eight (8) aliquots will be collected from the stockpile/roll off or separate section of the stockpile/roll off into a decontaminated stainless steel bowl, homogenized and placed in laboratory provided glassware. Soil will be collected into a VOA vile with a dedicated soil syringe at each aliquot location to be composited at the laboratory. Samples will be submitted on ice to Absolute Resource Associates (ARA) of Portsmouth, New Hampshire, for analysis. Requested analyses will include Resource Conservations and Recovery Act (RCRA) 8 metals, volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), total petroleum hydrocarbons (TPH), polychlorinated biphenyls (PCBs), pesticides, herbicides, flashpoint, corrosivity, and reactivity. Toxicity characteristic leaching procedure (TCLP) may be required if sample results exceed 20 times the TCLP limits. 13 CREDERE ASSOCIATES, LLC

317 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, REGULATORY STANDARDS Sample results will be compared to the applicable state and/or federal standards/guidelines described below. Appendix A includes Analytical Sensitivity and Project Criteria Tables for the Site, which compares regulatory standards for each contaminant to the analytical limits of the laboratory method used. 8.1 SOIL WASTE CHARACTERIZATION RESULTS Soil analytical results will initially be compared to all the Maine DEP RAGs for Sites Contaminated with Hazardous Substances dated May 18, 2013, to assess if soil requires disposal as special waste or if it meets the criteria for unrestricted use (i.e. residential use scenario for most compounds). If results exceed the most conservative Maine DEP RAGs, the need for TCLP analysis will be evaluated using the 20 times rule (i.e. total results will be compared to 20 times the TCLP limits) to assess if soil is hazardous. Results will also be compared to the selected facility s acceptance criteria. Acceptance criteria will vary between facilities and has not been included in Appendix A. CREDERE ASSOCIATES, LLC

318 SSQAPP Addendum Former FPL Site Laconia and York Street, Biddeford, Maine April 16, 2015 FIGURES CREDERE ASSOCIATES, LLC

319 SITE LOCATION CREDERE p DRAWN BY: SWM CHECKED BY: ASD DATE: 9/25/2014 PROJECT: Credere Associates, LLC 776 MAIN STREET WESTBROOK, MAINE Tel Fax FIGURE 1 SITE LOCATION PLAN FPL ENERGY MAINE HYDRO, LLC LACONIA STREET PARCEL BIDDEFORD, MAINE Data Source: USGS Quadrangles: Biddeofrd and Old Orchard Beach, Maine 7.5 minute series , ,000 Feet 1 inch = 2,000 feet. BIDDEFORD T:\Data\ME\Town\Biddeford\FLP Energy Maine Hydro

320 CREDERE ASSOCIATES, LLC FIGURE 2 DETAILED SITE PLAN 40

321 Figure 3 Project Organization Flow Chart EPA BROWNFIELDS Project Officer Jessica Dominguez BROWNFIELDS CLEANUP GRANTEE City of Biddeford MEDEP BROWNFIELDS COORDINATOR Nick Hodgkins EPA PROJECT QA OFFICER Bryan Hogan MEDEP PROJECT MANAGER Nick Hodgkins PROGRAM MANAGER Rip Patten, PE, LSP Vice President MEDEP PROJECT QA/QC OFFICER To Be Determined SENIOR TECHNICAL REVIEW PERSONNEL Judd Newcomb, CG, PG, QA/QC Officer M. Theresa Patten, PE, President PROJECT MANAGER Allison Drouin FIELD PERSONNEL (GEOLOGISTS, ENVIRONMENTAL SCIENTISTS, AND ENGINEERS) Judd Newcomb, CG, PG Jonathan O Donnell Engineer Allison Drouin - Geologist Matthew Cameron Environmental Specialist SUPPORT STAFF INCLUDING, BUT NOT LIMITED TO: GIS Technicians CAD Technicians Administrative Staff SUBCONTRACTORS Construction Contractors Absolute Resource Associates Other subcontractors as necessary

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