Document Minden_doc_99be1af3b1

Digitally signed by Corbin J. McFarlane Date: 2022.03.28 12:49:43-07'00' ---PAGE BREAK--- 2022 Waterline Replacement Project Document Reference Town of Minden 00010 - i FWE #2158 2022 Waterline Replacement Table of Contents Contract Documents (March 2022) TABLE OF CONTENTS AGREEMENT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION BID DOCUMENTS Advertisement for Bids EJCDC C-111 Instructions to Bidders EJCDC C-200 2022 Prevailing Wage Rates Douglas County Douglas County Rates Bid Forms EJCDC C-410 Bid Bond Penal Sum EJCDC C-430 5% Subcontractor List Section 00440 1% Subcontractor List Section 00441 Bidder’s Qualification Statement EJCDC C-451 Title VI Documents Enclosed AGREEMENT DOCUMENTS Notice of Award EJCDC C-510 Agreement (Stipulated Price) EJCDC C-520 Notice to Proceed EJCDC C-550 Performance Bond EJCDC C-610 Payment Bond EJCDC C-615 Contractor’s Application for Payment EJCDC C-620 Certificate of Substantial Completion EJCDC C-625 Work Change Directive EJCDC C-940 Change Order EJCDC C-941 Field Work Order EJCDC C-942 GENERAL CONDITIONS General Conditions EJCDC C-700 SUPPLEMENTARY CONDITIONS Supplementary Conditions Exhibit A GENERAL REQUIREMENTS General Requirements Exhibit B TECHNICAL SPECIFICATIONS Technical Specifications Exhibit C SPECIAL PROVISION Measurement & Payment Exhibit D ---PAGE BREAK--- 2022 Waterline Replacement Project Document Reference Town of Minden 00010 - ii FWE #2158 2022 Waterline Replacement Table of Contents Contract Documents (March 2022) STANDARD SPECIFICATIONS Specifications for Public Works Construction Sponsored by the Regional Commission Orange Book, 2016 Editions, As Amended. Available for download at : http://rtcwashoe.wpengine.com/wp-content/uploads/2018/01/2016-Version-Revision-No.- 9.pdf STANDARD PLANS Douglas County Design Criteria and Improvement Standards Part II: Engineering Design Criteria and Improvement Standards. Available for download at : ---PAGE BREAK--- EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, APRILSECTION 00100 ADVERTISEMENT FOR BIDS TOWN OF MINDEN MINDEN, NEVADA 2022 WATERLINE REPLACEMENT PWP-DO-2022-287 Sealed Bids for the construction of the 2022 Waterline Replacement will be received, by the Town of Minden, at the office of the Town of Minden until 10:00 a.m. local time on Tuesday, April 19th, 2022, at which time the Bids received will be publicly opened and read. The Project consists of: Base Bid - The work generally involves the removing and replacing of the existing 6” ACP water main with new 8” C-900 PVC water main and appropriate fittings to reconnect to existing water main. The existing 6” water main to be replaced is located on Esmeralda Ave. between Hwy 395 and 8th St., Mono Ave. between Hwy 395 and 8th St., 2nd St. between Hwy 395 and Mono Ave., 3rd St between Mono Ave. and County Rd., 5th St. between Hwy 395 and County Rd., and 8th St. between Hwy. 395 and County Rd. The Contractor will have 120 calendar days to complete the Work in compliance with all applicable laws and regulations. The Engineer’s Opinion of Probable Construction Costs for this project is $2,200,000. Bids will be received for a single prime Contract. Bids shall be on a unit price basis. The Issuing Office for the Bidding Documents is: Town of Minden, 1604 Esmeralda Avenue, Minden, Nevada 89423, [PHONE REDACTED], Attn: JD Frisby, P.E., [EMAIL REDACTED]. Prospective Bidders may examine the Bidding Documents at the Issuing Office or the Owner’s office (address above) on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. and may obtain copies of the Bidding Documents from the Issuing Office as described below. Contract Documents are available electronically at no charge to interested Bidders, or with a non-refundable deposit of thirty dollars ($30.00) for each hard copy. Bidders shall contact Town of Minden to request electronic or hard copies of the Contract Documents. Documents will be mailed to prospective bidders, if requested, for an additional non-refundable fee of twenty-five dollars ($25.00) for each set, to cover the cost of postage and handling. A pre-bid conference will be held at 10:00 a.m. local time on Thursday, April 14, 2022 at Room, 1604 Esmeralda Ave, Minden, NV 89423. Attendance at the pre-bid conference is highly encouraged but is not mandatory. A 5% bid security shall be furnished in accordance with the Instructions to Bidders. All bidders shall be licensed and qualified by the Nevada State Contractor’s Board to do the type of work contemplated for this ---PAGE BREAK--- EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, project prior to the time of opening of said bids and shall be skilled and regularly engaged in the general class or type of work. This proposal to the Owner is irrevocable for a period of sixty (60) days after the date of the bid opening. The right is reserved by the Owner to reject any and all bids, waive irregularities, informalities, or non- conformities; or to accept the bids deemed in their best interest, such as the lowest, responsible, responsive bid. The right to add or delete items, or change quantities shown on the bid forms is further reserved by the Owner. Omission or improper completion of any or all of the proper bidding documents may be considered as a reason for rejection of the Bid. Owner: Town of Minden By: John Frisby, PE Title: Town Manager Date: March 29, 2022 END OF SECTION ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i SECTION 00200 INSTRUCTIONS TO BIDDERS 2022 WATERLINE REPLACEMENT TABLE OF CONTENTS Page ARTICLE 1 – Defined ARTICLE 2 – Copies of Bidding ARTICLE 3 – Qualifications of Bidders ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the ARTICLE 5 – Bidder’s Representations ARTICLE 6 – Pre-Bid ARTICLE 7 – Interpretations and ARTICLE 8 – Bid ARTICLE 9 – Contract ARTICLE 10 – Liquidated Damages ARTICLE 11 – Substitute and “Or-Equal” ARTICLE 12 – Subcontractors, Suppliers, and ARTICLE 13 – Preparation of ARTICLE 14 – Basis of ARTICLE 15 – Submittal of ARTICLE 16 – Modification and Withdrawal of ARTICLE 17 – Opening of Bids ARTICLE 18 – Bids to Remain Subject to ARTICLE 19 – Evaluation of Bids and Award of ARTICLE 20 – Bonds and ARTICLE 21 – Signing of ARTICLE 22 – Sales and Use Taxes (Not ARTICLE 23 – Contracts to be assigned (Not ARTICLE 24 – Wage Rate ARTICLE 25 – ARTICLE 26 – Nevada Public Works Requirements ARTICLE 27 – Partnering (Not ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ARTICLE 1 – DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued. Town of Minden 1604 Esmeralda Avenue, Suite 101 Minden, NV 89423 B. Owner – The Owner is defined as: Town of Minden 1604 Esmeralda Ave, Suite 101 Minden, NV 89423 C. Engineer – The Engineer is defined as: Farr West Engineering 5510 Longley Lane Reno, NV 89511 D. Bidder – further defined as one who is submitting a bid to complete the work as indicated in the plans and specifications. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete and unaltered sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and the following additional information: A. Evidence of Bidder’s authority to do business in the county and state where the Project is located. B. Bidder’s state or other contractor license number, if applicable. C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.” D. Other required information regarding qualifications. 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and Bidder’s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 – PRE-BID CONFERENCE 6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or‐equal” or substitute materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or‐ equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids in the case of a proposed substitute and 5 days prior in the case of a proposed “or-equal.” Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post‐Bid approvals of “or‐equal” or substitution requests are made at Bidder’s sole risk. ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or-equals” in accordance with the General Conditions. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 [Deleted] 12.02 [Deleted] 12.03 If required by bid documents, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner additional lists of the Subcontractors or Suppliers proposed for the major portions of the Work, trades on the job, and specific areas or expertise required. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. 12.05 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. 12.06 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.06. 12.07 Per the directions provided in Section 00440 – 5% Subcontractor List, the Contractor shall submit with the Bid Submittal a list of First Tier Subcontractors, including Prime Contractor, which will be paid an amount exceeding 5% of the total bid price. 12.08 Per the directions provided in Section 00441 – 1% Subcontractor List, the Contractor shall submit a list of First Tier Subcontractors, including Prime Contractor, within 2 hours of the Bid Opening. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.04 A Bid by an individual shall show the Bidder’s name and official address. 13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.06 All names shall be printed in ink below the signatures. 13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 – BASIS OF BID 14.01 Base Bid with Alternates A. Bidders shall submit a Bid on a unit price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.03 Allowances A. For cash allowances, the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 14.04 [Deleted] ARTICLE 15 – SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one electronic copy of the Bid Form and the Bid Bond Form. The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the Owner and location as indicated in the Advertisement for Bids. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ---PAGE BREAK--- EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 ARTICLE 22 – SALES AND USE TAXES (NOT USED) ARTICLE 23 – CONTRACTS TO BE ASSIGNED (NOT USED) ARTICLE 24 – WAGE RATE REQUIREMENTS 24.01 Contractor shall pay State Prevailing Wage Rates for each labor classification. Copies of the wage determinations are included in Exhibit A and are available at the Labor Commission office and website. 24.02 The contractor shall submit certified payrolls to the owner for every week worked for verification. ARTICLE 25 – RETAINAGE 25.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage is set forth in the Agreement. ARTICLE 26 – NEVADA PUBLIC WORKS REQUIREMENTS 26.01 Contractor shall comply with all provisions of Nevada Revised Statutes (NRS) Chapter 338- Public Projects, if applicable, and all regulations promulgated under the statutes. ARTICLE 27 – PARTNERING (NOT USED) END OF SECTION ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 SECTION 00410 BID FORM FOR CONSTRUCTION CONTRACTS 2022 Waterline Replacement Project PWP-DO-2022-287 TABLE OF CONTENTS ARTICLE 1 – Bid ARTICLE 2 – Bidder’s ARTICLE 3 – Bidder’s Representations ARTICLE 4 – Bidder’s ARTICLE 5 – Basis of ARTICLE 6 – Time of ARTICLE 7 – Attachment to This ARTICLE 8 – Defined ARTICLE 9 – Bid Submittal ARTICLE 1 – BID RECIPIENT 1.1 This Bid is submitted to Owner address as identified in Section 00100 – Advertisement for Bidders. 1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS 2.1 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.1 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and Bidder’s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 – BIDDER’S CERTIFICATION 4.1 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made to influence the bidding process to the detriment of Owner, to establish bid prices at artificial non- competitive levels, or to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 5 – BASIS OF BID 5.1 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 BASE BID SCHEDULE Item No. Description Estimated Quantity Unit Unit Price Total Amount 1 Mobilization/Demobilization 1 LS 2 Traffic Control and Erosion Control 1 LS 3 Temporary Water Services 1 LS 4 Remove and Replace Ex. 6" Water Main with 8" C- 900, incl. fittings 5,787 LF 5 Remove and Replace Ex. 1" Water Service Lateral 14 EA 6 Remove and Replace Ex. 6" Fire Water Service Lateral 3 EA 7 Remove and Replace Ex. 4" Fire Water Service Lateral 1 EA 8 Remove and Replace Type 1 PCC Curb & Gutter 310 LF 9 Remove and Replace Sidewalk 688 SF 10 Remove and Replace PCC Valley Gutter 109 SF 11 Remove and Replace PCC Driveway Apron 125 SF 12 Sawcut and Patch AC Pavement AC on 6" AB) 23,483 SF 13 Remove and Replace Fire Hydrant Assembly to include 6" Gate Valve and tee at Main 13 EA 14 Remove and Replace Ex. 3" Water Main with 6" C- 900, incl. fittings 409 LF 15 Material Sampling and Testing 1 LS 16 Potholing 10 EA TOTAL BASE BID (Items 1-18) PRICE - $ $ In Words ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ALTERNATE A - BID SCHEDULE Item No. Description Estimated Quantity Unit Unit Price Total Amount 17 2-Inch Grind and Overlay 15,150 SY TOTAL ALTERNATE 1 BID PRICE - $ $ In Words ALTERNATE B - BID SCHEDULE Item No. Description Estimated Quantity Unit Unit Price Total Amount 18 Type II Slurry Seal 28,550 SY TOTAL ALTERNATE A BID PRICE - $ $ In Words ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. Bidder acknowledges that each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Unit Prices have been computed in accordance with Paragraph 13.03.B of the General Conditions. The requirements of Nevada Revised Statues (NRS) shall apply to this project. The BIDDER is responsible for compliance with all applicable statues. These statutes include, but are not limited to: A. NRS 338.020: Hourly and daily rate of wages must not be less than prevailing wage in County. B. NRS 338.080: Exemptions C. NRS 338.141: Bids to include certain information concerning subcontractors; when bids deemed not responsive with respect to subcontractors; requirements for substitution of named subcontracts. D. NRS 338.147: Award of Contract to Contractor who submits best bid. ARTICLE 6 – TIME OF COMPLETION 6.1 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.2 Bidder accepts the provisions of the Agreement as to Liquidated Damages. ARTICLE 7 – ATTACHMENT TO THIS BID 7.1 The following documents are submitted with and made a condition of this Bid: A. Required Bid security in the form of a Bid Bond (EJCDC C-430); B. 5% Subcontractor List (Section 00440); C. 1% Subcontractor List (Section 00441) within the required timeframe per NRS 338.141; D. Required Bidder Qualifications Statement with supporting data (EJCDC C-451); E. Evidence of authority to do business in Douglas County and the State of Nevada; ---PAGE BREAK--- EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 F. Evidence of qualifications for in-state bidder preference, if requesting consideration; and G. Contractor’s License No.: (may be combined with another attachment). ARTICLE 8 – DEFINED TERMS 8.1 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 – BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder’s License No.: (where applicable) ---PAGE BREAK--- PENAL SUM FORM EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name— Include Location): BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. ---PAGE BREAK--- PENAL SUM FORM EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. ---PAGE BREAK--- Town of Minden 00440-1 FWE #2158 2022 Waterline Replacement 5% Subcontractor List Contract Documents (March 2022) SECTION 00440 5% SUBCONTRACTOR LIST Per NRS Chapter 338.141, each Bid submitted must include the name of the prime contractor and each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding five percent of the prime contractor’s total bid. If a Bidder fails to provide a complete list, their Bid shall be deemed not responsive. Subcontractors must not be on a disqualified status with the State Public Works Board. Complete the following table for the prime contractor and first tier subcontractors who will be employed and the segregation of the Work each will perform if the Contract is awarded to the party or parties listed herein. First tier subcontractor is defined as a contractor who contracts directly with a prime contractor to provide labor, materials, or services for a construction project, as defined by NRS 338.141(8)(a). Work to be Performed Percentage of Total Contract Subcontractor’s Name, Address, and License Number 1. (Prime Contractor) 2. (Subcontractor) 3. (Subcontractor) 4. (Subcontractor) 5. (Subcontractor) 6. (Subcontractor) NOTE: Additional numbered pages may be attached if needed. ---PAGE BREAK--- Town of Minden 00441-1 FWE #2158 2022 Waterline Replacement 1% Subcontractor List Contract Documents (March 2022) SECTION 00441 1% SUBCONTRACTOR LIST Per NRS Chapter 338.141, within 2 hours after the completion of the opening of the bids, the prime contractors who submitted the three lowest bids must submit a list containing: The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000. OR If any one of the prime contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor’s total bid or $50,000, whichever is greater. If a Bidder fails to provide a complete list with all requested information provided, their Bid shall be deemed not responsive. Subcontractors must not be on a disqualified status with the State Public Works Board. Complete the following table for the prime contractor and first tier subcontractors who will be employed and the segregation of the Work each will perform if the Contract is awarded to the party or parties listed herein. First tier subcontractor is defined as a contractor who contracts directly with a prime contractor to provide labor, materials, or services for a construction project, as defined by NRS 338.141(8)(a). Work to be Performed Percentage of Total Contract Subcontractor’s Name, Address, and License Number 1. (Prime Contractor) 2. (Subcontractor) 3. (Subcontractor) 4. (Subcontractor) 5. (Subcontractor) NOTE: Additional numbered pages may be attached if needed. ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 12 SECTION 00451 QUALIFICATIONS STATEMENT THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS 1. SUBMITTED BY: Official Name of Firm: Address: 2. SUBMITTED TO: 3. SUBMITTED FOR: Owner: Project Name: TYPE OF WORK: 4. CONTRACTOR'S CONTACT INFORMATION Contact Person: Title: Phone: Email: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 12 5. AFFILIATED COMPANIES: Name: Address: 6. TYPE OF ORGANIZATION: SOLE PROPRIETORSHIP Name of Owner: Doing Business As: Date of Organization: PARTNERSHIP Date of Organization: Type of Partnership: Name of General Partner(s): CORPORATION State of Organization: Date of Organization: Executive Officers: President: Vice President(s): Treasurer: Secretary: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 12 LIMITED LIABILITY COMPANY State of Organization: Date of Organization: Members: JOINT VENTURE Sate of Organization: Date of Organization: Form of Organization: Joint Venture Managing Partner Name: Address: Joint Venture Managing Partner Name: Address: Joint Venture Managing Partner Name: Address: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 12 7. LICENSING Jurisdiction: Type of License: License Number: Jurisdiction: Type of License: License Number: 8. CERTIFICATIONS CERTIFIED BY: Disadvantage Business Enterprise: Minority Business Enterprise: Woman Owned Enterprise: Small Business Enterprise: Other ( 9. BONDING INFORMATION Bonding Company: Address: Bonding Agent: Address: Contact Name: Phone: Aggregate Bonding Capacity: Available Bonding Capacity: (as of date of this submittal) ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 12 10. FINANCIAL INFORMATION Financial Institution: Address: Account Manager: Phone: 11. CONSTRUCTION EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately). Previous Experience: List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately). Has firm listed in Section 1 ever failed to complete a construction contract awarded to it? YES NO If YES, attach as an Attachment details including Project Owner's contact information. Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity? YES NO If YES, attach as an Attachment details including Project Owner's contact information. Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)? YES NO If YES, attach as an Attachment details including Project Owner's contact information. ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 12 12. SAFETY PROGRAM: Name of Contractor's Safety Officer: Include the following as attachments: Provide as an Attachment Contractor's OSHA Form No. 300 and 300A - Log & Summary of Occupational Injuries & Illnesses for the past 5 years. Provide as an Attachment Contractor's list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide as an Attachment Contractor's list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide the following for the firm listed in Section V the following (attach additional sheets as necessary): Workers' compensation Experience Modification Rate (EMR) for the last 5 years: YEAR EMR YEAR EMR YEAR EMR YEAR EMR YEAR EMR Total Recordable Frequency Rate (TRFR) for the last 5 years: YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR Total number of man-hours worked for the last 5 Years: YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 12 Provide Contractor's Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years: YEAR DART YEAR DART YEAR DART YEAR DART YEAR DART 13. EQUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project. ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 12 I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: BY: TITLE: DATED: NOTARY ATTEST: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20___ NOTARY PUBLIC - STATE OF COUNTY OF MY COMMISSION EXPIRES: REQUIRED ATTACHMENTS 1. Schedule A (Current Experience). 2. Schedule B (Previous Experience). 3. Schedule C (Major Equipment). 4. Audited balance sheet for each of the last 3 years for firm named in Section 1. 5. Evidence of authority for individuals listed in Section 6 to bind organization to an agreement. 6. Resumes of officers and key individuals (including Safety Officer) of firm named in Section 1. 7. Required safety program submittals listed in Section 12. 8. Additional items as pertinent. ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 12 SCHEDULE A CURRENT EXPERIENCE Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 12 SCHEDULE B PREVIOUS EXPERIENCE (Include ALL Projects Completed within last 5 years) Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 12 SCHEDULE B PREVIOUS EXPERIENCE (Include ALL Projects Completed within last 5 years) Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: Name: Address: Telephone: Name: Company: Telephone: ---PAGE BREAK--- EJCDC® C-451, Qualifications Statement Schedules. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 12 SCHEDULE C LIST OF MAJOR EQUIPMENT AVAILABLE ITEM PURCHASE DATE CONDITION ACQUIRED VALUE ---PAGE BREAK--- EJCDC® C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Town of Minden Owner's Contract No.: WTR2022-01 Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement Bidder: Bidder’s Address: TO BIDDER: You are notified that Owner has accepted your Bid dated for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: 2022 Waterline Replacement The Contract Price of the awarded Contract is: $ [note if subject to unit prices, or cost plus] ☐ unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [ ] counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Town of Minden Authorized Signature By: Title: Copy: Engineer ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 SECTION 00520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Town of Minden, a political subdivision of the State of Nevada (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Base Bid - The work generally involves the removing and replacing of the existing 6” ACP water main with new 8” C-900 PVC water main and appropriate fittings to reconnect to existing water main. The existing 6” water main to be replaced is located on Esmeralda Ave. between Hwy 395 and 8th St., Mono Ave. between Hwy 395 and 8th St., 2nd St. between Hwy 395 and Mono Ave., 3rd St between Mono Ave. and County Rd., 5th St. between Hwy 395 and County Rd., and 8th St. between Hwy. 395 and County Rd. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2022 Waterline Replacement. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by _Farr West Engineering. 3.02 The Owner has retained _Farr West Engineering_ (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. 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. 4.02 Contract Times: Days A. The Work will be substantially completed within _106 calendar_ days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within _120 calendar_ days after the date when the Contract Times commence to run. ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 250 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 [Deleted] ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the _first_ day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 a. percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 97.5_ percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less _200_ percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 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. 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 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement 2. Performance bond 3. Payment bond 4. General Conditions (pages to inclusive). 5. Supplementary Conditions (pages to inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of _33_ sheets with each sheet bearing the following general title: 2022 Waterline Replacement 8. Addenda (numbers to inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed b. Contractor’s Bid c. Notice of Award d. Documentation submitted by Contractor prior to Notice of Award 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made to influence the bidding process or the execution of the Contract to the detriment of Owner, to establish Bid or Contract prices at artificial non-competitive levels, or to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. ---PAGE BREAK--- EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). The Effective Date of the Contract stated above and the dates of any construction performance bond (EJCDC® C-610 or other) and construction payment bond (EJCDC® C-615 or other) should be the same, if possible. In no case should the date of any bonds be earlier then the Effective Date of the Contract. OWNER: CONTRACTOR: Town of Minden By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: Town of Minden 1604 Esmeralda Avenue, Suite 101 Minden, NV 89423 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) ---PAGE BREAK--- EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE TO PROCEED Owner: Town of Minden Owner's Contract No.: WTR2022-01 Contractor: Contractor’s Project No.: Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [ , 20 ] [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to achieve Substantial Completion is and the number of days to achieve readiness for final payment is Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions] Owner: Town of Minden Authorized Signature By: Title: Date Issued: Copy: Engineer ---PAGE BREAK--- EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER: Town of Minden 1604 Esmeralda Avenue, Suite 101 Minden, NV 89423 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: Provide supplemental execution by any additional parties, such as joint venturers. Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ---PAGE BREAK--- EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five 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 and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within ---PAGE BREAK--- EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: ---PAGE BREAK--- EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER: Town of Minden 1604 Esmeralda Avenue, Suite 101 Minden, NV 89423 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: Provide supplemental execution by any additional parties, such as joint venturers. Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ---PAGE BREAK--- EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor 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 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 and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall 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 one year from the date on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or 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 or first occurs. If the provisions of this paragraph ---PAGE BREAK--- EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 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 furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: ---PAGE BREAK--- Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): (Owner): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 1. ORIGINAL CONTRACT $ 2. Net change by Change $ 3. Current Contract Price (Line 1 ± $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress $ 5. RETAINAGE: a. X Work Completed.......... $ b. X Stored Material............ $ c. Total Retainage (Line 5.a + Line $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $ 8. AMOUNT DUE THIS $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c $ Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by: Contractor Signature By: Date: Approved by: Additions Approved Change Orders NET CHANGE BY TOTALS (Line 8 or other - attach explanation of the other amount) (Date) Application For Payment Funding or Financing Entity (if applicable) (Line 8 or other - attach explanation of the other amount) (Date) (Date) Change Order Summary (Engineer) (Owner) Number Deductions CHANGE ORDERS The undersigned Contractor certifies, to the best of its knowledge, the following: All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 4 ---PAGE BREAK--- Progress Estimate - Unit Price Work Contractor's Application For (Contract): Application Number: Application Period: Application Date: A B C D E F Item Estimated Quantity Installed Value of Work Installed to Date Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) % (F / B) Bid Item No. Description Balance to Finish (B - F) Contract Information Item Quantity Units Unit Price Total Value of Item Totals EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 4 ---PAGE BREAK--- EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Town of Minden Owner's Contract No.: WTR2022-01 Contractor: Contractor’s Project No.: Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement This [preliminary] [final] Certificate of Substantial Completion applies to: All Work 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 Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: Amendments to Owner's responsibilities: None As follows: Amendments to Contractor's responsibilities: None As follows: The following documents are attached to and made a part of this Certificate: [punch list; others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 1 2022 PREVAILING WAGE RATES NORTHERN NEVADA RURAL COUNTIES (Carson City, Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and White Pine) DATE OF DETERMINATION: October 1, 2021 APPLICABLE FOR PUBLIC WORKS PROJECTS OVER $100,000 BID/AWARDED OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022 Pursuant to Nevada Revised Statutes (NRS) section 338.030(9)(a), “If the contract for a public work: Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier.” For contracts not awarded pursuant to competitive bidding, please see NRS section 338.030(9)(b). However, if a project exceeds 36 months new wage rates may apply pursuant to NRS section 338.030(9)(10). Prevailing Wage Rates may be adjusted based on Collective Bargaining Agreements (CBA’s) and adjustments to those agreements. (See NRS 338.030) PREVAILING WAGE DETERMINATIONS - NRS 338.030 subsection 7, the wages so determined must be: Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 8, remain effective for 2 years after that date; and Made available by the Labor Commissioner to any public body which awards a contract for any public work. Senate Bill 243 passed during the 80th Nevada Legislative Session (2019) and set forth in NRS section 338.025, now requires the Labor Commissioner to calculate the Prevailing Wage Rates by region. NRS section 338.025 Prevailing wage regions. For the purpose of determining the prevailing rate of wages pursuant to NRS section 338.030, four prevailing wage regions are hereby established in this State as follows: 1. The Washoe Prevailing Wage Region consisting of Washoe County; 2. The Northern Rural Prevailing Wage Region consisting of Carson City and the counties of Churchill, Douglas, Elko Eureka, Humboldt, Lander, Lyon, Mineral, Storey, Pershing and White Pine; 3. The Clark Prevailing Wage Region consisting of Clark County; and 4. The Southern Rural Prevailing Wage Region consisting of the counties of Esmeralda, Lincoln and Nye. OBJECTIONS TO PREVAILING WAGE DETERMINATIONS – NRS section 338.030 subsection 2. Objections to the Prevailing Wage Determinations must be submitted within 30 days after the Prevailing Wage Determinations are issued. Pursuant to NRS section 338.030 subsection 8, the Labor Commissioner will review the prevailing wage rates in each even-numbered year to determine if adjustments should be made. As Amendments/Revisions are made to the wage rates, they will be posted on the website for each respective Region. Please review regularly for any Amendments/Revisions that are posted or contact our offices directly for further assistance. OFFICE OF THE LABOR COMMISSIONER 3300 WEST SAHARA AVENUE, SUITE 225 LAS VEGAS, NEVADA 89102 PHONE: (702) 486-2650 FAX (702) 486-2660 OFFICE OF THE LABOR COMMISSIONER 1818 COLLEGE PARKWAY, SUITE 102 CARSON CITY, NV 89706 PHONE: (775) 684-1890 FAX (775) 687-6409 STATE OF NEVADA STEVE SISOLAK GOVERNOR TERRY REYNOLDS DIRECTOR SHANNON M. CHAMBERS LABOR COMMISSIONER ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 2 Air Balance Technician Alarm Installer Boilermaker Bricklayer Cement Mason 10 Electrician – Communication Technician 11 Electrician - Lineman 13 Electrician – Neon Sign 15 Electrician - Wireman 16 Elevator Constructor 17 Fence Erector 19 Flagperson 20 Floorcoverer 21 Glazier 22 Highway Striper 23 Hod Carrier-Brick Mason 24 Hod Carrier – Plasterer Tender 25 Ironworker 27 Laborer 30 Lubrication And Service Engineer (Mobile And Grease Mechanical Insulator 32 33 Operating Engineer 35 Operating Engineer – Steel Fabricator & Operating Engineer – Piledriver 36 Painter 38 Piledriver (Non-Equipment) 40 Plasterer 42 Plumber/Pipefitter 43 Refrigeration 44 Roofer 45 Sheet Metal Worker 46 Soils and Material Sprinkler Fitter 47 Surveyor 47 Taper 48 Tile/Terrazzo Worker/Marble Mason Finisher 49 Tile/Terrazzo Worker/Marble Mason 50 Traffic Barrier 52 Truck Driver 53 Well Driller 55 Group Classifications Labor Group Classifications 56 Operating Engineers 60 ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 3 NRS section 338.010 subsection (25) “Wages” means: a) The basic hourly rate of pay; and b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker. NRS section 338.035 Bona Fide Fringe Benefits - Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by making certain contributions in name of workman. “Bona fide fringe benefit” means a benefit in the form of a contribution that is made not less frequently than to an independent third party pursuant to a fund, plan or program: Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program. The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS section 338.030. Please see NRS sections 338.010, 338.020, and 338.035 and Nevada Administrative Code (NAC) sections 338.0097 and 338.092 through 338.100 for further details on “Bona fide fringe benefits” and reporting requirements and exceptions. Job Descriptions for Recognized Classes of Workers Regarding job descriptions for public works projects, please take notice of the following: 1. The job description links have been redacted to include ONLY the scope of work for the craft. 2. Pursuant to NAC section 338.0095(1)(a) - A worker employed on a public work must be paid the applicable prevailing rate of wage for the type of work that the worker actually performs on the public work and in accordance with the recognized class of the worker. 3. The work description for a particular class is not intended to be jurisdictional in scope. 4. Any person who believes that a type of work is not classified, or who otherwise needs clarification pertaining to the recognized classes or job descriptions, shall contact the Labor Commissioner in writing for a determination of the applicable classification and pay rate for a particular type of work. 5. The job descriptions set forth or referenced herein supersede any, and all descriptions previously agreed upon by the Labor Commissioner in any settlement agreements or stipulations arising out of contested matters. 6. The following specific provisions, where applicable, shall prevail over any general provisions of the job descriptions: • Amendments to the prevailing wage determinations. • Group Classifications and/or descriptions recognized by the Labor Commissioner and included with wage determinations for a particular type of work in a particular county. Zone Rates The zone rate has been added to each applicable craft. Premium Pay Premium pay for hours worked in excess of a shift of 8 hours or 12 hours, or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 4 Craft: AIR BALANCE TECHNICIAN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Air Balance Technician Air Balance Air Balance Technician-General ADD ZONE RATE In addition to AIR BALANCE rates add the applicable amounts per hour, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 100 miles $5.00 Zone 3 Over 100 miles $10.00 the employee shall be provided reasonable lodging and meal expenses. ADD PREMIUM PAY All hourly rates are subject to Over Time (One and one half 1 ½) of the Regular rate: 1. For all hours worked over Eight Hours in one day or shift. 2. For the first Eight Hours work on Saturday. All hourly rates are subject to Double Time of the Regular Rate: 1. For all hours worked over Ten (10) Hours in one day or shift. 2. For all hours worked over Eight Hours on Saturday. 3. For all hours worked on Sunday, New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day JOB DESCRIPTION: Excerpt from Sheet Metal Local 26 Collective Bargaining Agreement manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems, and air-handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; all lagging over insulation and all duct lining; testing and balancing of all air-handling equipment and duct work; the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; metal roofing; and all other work included in the jurisdictional claims of International Association of Sheet Metal, Air, Rail and Transportation Workers. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 5 Craft: ALARM INSTALLER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Alarm JOB DESCRIPTION: Includes but is not limited to: 1. Installing or testing electrical protective signaling systems used to provide notification of fire, burglary or other irregularities on the premises of the subscriber of the system; 2. Installing of wiring and signaling units; 3. Repairing electrical protective signaling systems 4. Starting up, programming and documenting systems; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 6 Craft: BOILERMAKER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Boilermaker Boilermaker ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. JOB DESCRIPTION: Includes but is not limited to: 1. Constructing, assembling, maintaining and repairing stationary steam boilers and boiler house auxiliaries; 2. Aligning structures or plate sections to assemble boiler frame tanks or vats; 3. Assisting in the testing of assembled vessels, directing cleaning of boilers and boiler furnaces; 4. Inspecting and repairing boiler fittings, including, without limitation, safety valves, regulators, automatic-control mechanisms, water columns and auxiliary machines. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 7 Craft: BRICKLAYER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Bricklayer Bricklayer Zone 1 0 to 34 miles $0.00 Zone 2 35 to 75 miles $2.50 Zone 3 Over 75 miles $8.12 ADD PREMIUM PAY Section A. Hours. The standard workday shall consist of eight continuous hours of work between the hours of 5:30 a.m. and 4:30 p.m., Section B. Overtime All work in excess forty (40) hours during the established work week shall be paid at the rate of one and one half (1-1/2) times the hourly base wage rate in effect. Employees will be paid one and one-half (1-1/2) times the hourly wage rate for all hours worked over eight in a single day, and double time (2x) after ten (10) hours in a single day. 1. Employees will be paid double time for hours worked on Union recognized Holidays. 2. Employees will be paid double time on Sundays. 3. Work performed on Saturday will be paid at one and one-half (1-1/2) times the regular wage rate, in accordance with Article XVII, Section D. Work performed on Saturdays in excess of eight hours shall be paid at double the applicable hourly rate. Section C. 1. The first shift shall be the regular day shift insofar as computing wage payments is concerned, and the first day shift shall work a regular eight-hour shift, with a one half-hour unpaid lunch period midway through the shift. The normal starting time for the first shift shall be between 5:30-10:00 a.m. 2. If two work shifts are established, the second shift shall consist of eight hours of continuous work, with a one half-hour unpaid lunch period midway through the shift. Employees working on the second shift shall receive eight hours times the basic straight time rate plus an additional fifty cents per hour for each of those eight hours. 3. If three work shifts are established, the third shift shall consist of seven hours of continuous work, plus one half-hour unpaid lunch period midway through the shift. Employees working on the third shift shall receive the basic straight time rate plus three dollars and twenty-five cents ($3.25) for each of those seven hours. 4. Time worked in excess of seven hours on the third shift shall be paid at the appropriate overtime rate. RECOGNIZED HOLIDAYS Holidays. The Employer agrees to recognize the following holidays: New Year's Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Veterans’ Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day. Any holiday falling on a Sunday will be observed on the Monday following, and any holiday falling on a Saturday will be observed on the preceding Friday. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 8 Job Descriptions Excerpt from Bricklayer and Allied Craftworkers Local Union No. 13 Collective Bargaining Agreement 1. BRICK MASONRY: Brick Masonry shall consist of, but not be limited to, the following work procedures and installation of the following materials: A. The laying of brick made from any material in, under or upon any structure or form of work where bricks are used, whether in the ground, or over its surface, or beneath water; in commercial and residential buildings, rolling mills, iron works, blast or smelter furnaces, lime or brick kilns; in mines or fortifications, and in all underground work, such as sewers, telegraph, electric and telephone conduits; including the installation of substitutes for brick such as all carbon materials, Karbate, Impervite or mixtures, all acid resistant materials, all terra cotta and porcelain materials, except where the foregoing materials are manufactured to substitute for tile as provided for under the category of Section 8, C, of this Code. B. All cutting of joints, pointing, cleaning and cutting of brick walls, fireproofing, blockarching, terra cotta cutting and setting, the laying and cutting of all tile plaster, mineral-wool, cork blocks and glass masonry, or any substitute for above materials, the laying of all pipe sewers or water mains and the filling of all joints on the same when such sewers or conduits are of any vitreous material, burnt clay or cement, or any substitute material used for the above purpose, the cutting, rubbing and grinding of all kinds of brick and the setting of all cut stone trimmings on brick buildings, and the preparation and erection of plastic, castables or any refractory materials. C. Cleaning, grouting, pointing, and other work necessary to achieve and complete the work under the foregoing categories; all waterproofing and black mastic waterproofing, silicone and/or substitutes sandwiched between masonry units in the interior of the wall. D. All terra cotta called unit tile in sizes over 6"x12" regardless of method of installation; all quarry tile over 9"x9"x1 1/4" in size; split brick or quarry tile or similar material if bedded and jointed with one operation. The bedding, jointing, and pointing of the above materials shall be the work of the craft installing same. E. All burnt clay extruded cellular products regardless of trade name or method of installation when used as a veneer on structures; all clay products known as terra cotta tile, unit tile, ceramic veneer and machine- made terra cotta and like materials in sizes larger than 6"x12", regardless of the method of installation. Where the preponderance of material to be installed is of the above size, and when material of lesser sizes is to be used in connection therewith, the bricklayers shall install all such materials. Brick paving comes under bricklayers' trade classification. F. The preparation, setup, calibration, operation, cleaning, and routine maintenance of any mechanical devices or robotics used to install masonry units and materials, or that otherwise assist the mason in performing any of the work described in Article II and Code 1 of the IU Constitution, as well as the preparation and ongoing maintenance of the work area to allow proper installation of masonry units and materials. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 9 Craft: CARPENTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Carpenter Carpenter General ADD ZONE RATE (Building and Heavy Highway and Dam Construction) In addition to CARPENTER rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 (Road miles from the Washoe County Courthouse) Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 Over 300 miles $6.00 ADD PREMIUM PAY Any work performed over eight hours per day and on Saturdays shall be compensated at time and one-half (1-1/2x) the appropriate hourly rate. All work performed on Sundays, holidays and over twelve (12) hours in one day shall be compensated at two times (2x) the appropriate hourly rate. In the event a day’s work is lost because of severe weather conditions or major mechanical breakdown, work may be performed on a voluntary basis on a Saturday at the straight time hourly rate for eight hours provided the straight time. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, 4th of July, Labor Day, Admission’s Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day hours worked in one week do not exceed forty (40) hours. JOB DESCRIPTION Excerpt from Southwest Regional Council of Carpenters and Affiliated Local Unions Master Labor Agreement All building construction, including but not limited to the construction, erection, alteration, repair, modification, demolition, addition, or improvement in whole or in part of any building structure. All rigging of Carpenters’, and Piledrivers’ materials. All heavy, highway and engineering construction, including but not limited to the construction, improvement, modification and demolition of all or any part of the streets, highways, bridges, viaducts, railroads, tunnels, airports, water supply, irrigation, flood control and draining systems, sewers and sanitation projects, dams, power houses, refineries, aqueducts, canals, river and harbor projects, wharves, docks, breakwaters, jetties, quarrying of breakwaters or rip rap stone or operations incidental to such heavy construction work and whether such work is above or below the water line level. The character of such work covered by this Agreement shall include but not be limited to all carpenter, concrete form work, shoring, drywall, metal stud, drywall finishing, plaster, scaffold, modular furniture, trade show work, insulation, acoustical, and lathing work on such construction. All interior and/or exterior wall finish work, including EIFS and other wet wall finish work. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 10 Craft: CEMENT MASON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Cement Cement Mason – ADD ZONE RATE In addition to CEMENT MASON rates add the applicable amounts per hour, calculated from the Reno Post Office, 50 So. Virginia St., Reno, Nevada: Zone 1 0 to 90 miles $0.00 Zone 2 over 90 miles $6.00 ADD PREMIUM PAY OVERTIME – Any worked performed over eight hours per day shall be compensated at time and one half the hourly rate. All work performed after twelve (12) consecutive hours shall be paid at double the hourly rate. All worked performed on Saturdays shall be compensated at time and one half the hourly rate. All Sunday and Holiday work shall be paid for at double time. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admissions Day, Thanksgiving Day and the following Friday following Thanksgiving Day, and Christmas JOB DESCRIPTIONS 1. All building construction, including but not limited to the construction, erection, alteration, repair, modification, demolition, addition, or improvement in whole or in part of any building structure. 2. All heavy, highway and engineering construction, including but not limited to construction, improvement, modification, demolition, of all or any part of streets and highways (including sidewalks, curbs and gutters), bridges, viaducts, rail roads, tunnels, airports, water supply, irrigation, flood control and drainage systems, sewers and sanitation projects, dams, power houses, refineries, aqueducts, canals, river and harbor projects, wharves, docks, breakwaters, jetties, quarrying of breakwater or rip-rap stone, or operation incidental to such heavy construction work. 3. The work to be performed by Cement Masons shall include but not be limited to the following, when tools of the Cement Masons trade are used or required: Setting screeds, screed pins, curb forms and curb and gutter forms, rodding, spreading and tamping concrete, hand application of curing compounds, applying topping (wet or dry) colors or grits; using Darby and push floats, hand troweling or hand floating; marking edging, brooming or brushing, using base cove or step tools; chipping, and stoning, patching or sacking; dry packing; spreading and finishing gypsum, operating mechanical finishers (concrete) such as Clary, Jackson, Bidwell Bridge Deck Paver or similar types; grinding machines; troweling machines, floating machines powered concrete saws; finishing of epoxy and resin materials, bush hammering and exposed finishes for architectural work. Operation of skill saw, chain saw, Laser Screed, Laser Level, Curb and Slipform machines, Epoxy Type Injection pumps, stamps or other means of texturing, any new devices, which are beneficial to the construction of or with concrete or related products. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 11 Craft: ELECTRICIAN COMMUNICATION TECHNICIAN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Communication Communication Senior Technician 48.87 ADD ZONE RATE In addition to Electrician Communication Tech rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 0 to 70 miles $0.00 Zone 2 70 to 90 miles $8.00 Zone 3 90 miles and over $10.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For the first eight hours worked on Saturday Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over eight (10) hours in one day or shift. 2. For any hours worked on Sunday 3. For any hours worked on Holidays Shift Rates 1. Swing shift to be paid at seventeen-point three (17.3) percent the regular straight time rate for hours between 4:30 p.m. and 1:00 a.m. 2. Graveyard shift to be paid at thirty-one-point four (33.4) percent the regular straight time rate for hours between 12:30 a.m. and 9:00 a.m. 3. Shifts are established for at least five consecutive days or double the regular straight time rate shall be paid. **Note – Double the straight time rate is the max rate paid. (No pyramiding of overtime rates) JOB DESCRIPTION: The work covered by this Agreement shall include the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 12 A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS 1. Background-foreground music 2. Intercom and telephone interconnect systems 3. Telephone systems 4. Nurse call systems 5. Radio page systems 6. School intercom and sound systems 7. Burglar alarm systems 8. Low-voltage master clock systems 9. Multi-media/multiplex systems 10. Sound and musical entertainment systems 11. RF Systems 12. Antennas and Wave Guide B. FIRE ALARM SYSTEMS * 1. Installation, wire pulling and testing C. Television and Video Systems 1. Television monitoring and surveillance systems 2. Video security systems 3. Video entertainment systems 4. Video educational systems 5. Microwave transmission systems 6. CATV and CCTV D. Security Systems 1. Perimeter security systems 2. Vibration sensor systems 3. Card access systems 4. Access control systems 5. Sonar/Infrared monitoring equipment E. COMMUNICATION SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS (IN THE SCOPE) 1. SCADA (Supervisory Control and Data Acquisition) 2. PCM (Pulse Code Modulation) 3. Inventory Control Systems 4. Digital Data Systems 5. Broadband and Baseband and Carriers 6. Point of Sale Systems 4 7. VSAT Data Systems 8. Data Communication Systems 9. RF and Remote-Control Systems 10. Fiber Optic Data Systems ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 13 Craft: ELECTRICIAN LINEMAN/GROUNDMAN/HEAVY EQUIPMENT OPERATOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Lineman-General Lineman-Equipment ADD ZONE RATE Electrician Lineman/Groundman/Heavy Equipment Operator, rates, add the applicable amounts per Day, Road Miles from the Employee’s Residence to the Reporting Location: ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year’s Day, Martin Luther King Holiday, President’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Outside, overhead and underground construction and maintenance work on electrical transmission lines, switch yards, substations and distribution systems which shall include: 1. Pole line work (whether built of wood, metal or other material): the digging and back-filling of holes for poles or anchors (by hand or mechanical equipment): the loading or unloading, handling, sorting and moving of materials; the assembly or erection of all materials including the guying, stringing of conductors and fiber optics or other work necessary on through to the ultimate completion of such pole work. 2. Steel or metal structures used for the purpose of carrying electrical wire, conductors, or equipment (this includes transmission towers, outdoor substations, switch racks, or similar electrical structures); the moving of men, tools or equipment; the loading or unloading, handling, sorting and moving of materials; the assembly and erection of all materials used on the job site, including the assembly of the grillage and foundations, on through to the ultimate completion of such structures. Work covered shall include the grounding of all such structures except the bonding of stub-angle to rebar cage; the stringing and installation of wires, cables and insulators or other electrical equipment suspended from structure; also the handling and placing of transformers or O.C.B.'s and other related electrical equipment. The moving of men, tools or equipment; the loading or unloading, handling, sorting and moving of materials; the assembly of all electrical materials on race-ways such as ducts, shall be performed by workmen under the Agreement. This shall also include CIC (cable in conduit), CC (coiliable conduit), the placing of fish wire, the pulling of cables or wires through such race-ways, installing and making up of termination and the splicing of such conductors. Street lighting systems where such work properly comes under the outside jurisdiction shall be handled in the same manner as pole line construction. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 14 Installing and maintaining the catenary and trolley work and bonding of rails shall be handled in the same manner as pole line, and steel construction. In connection with all of the above items, it is understood the scope of this Agreement shall include not only new installation work but shall also govern the repair, maintenance or dismantling of such structures, lines or equipment; the handling and operating of all equipment used to transport men, tools and/or materials on the job site as well as the equipment used to move, raise or place materials used in the Outside Branch of the Electrical Industry shall be performed by workmen under this Agreement unless otherwise excluded herein. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 15 Craft: ELECTRICIAN – NEON SIGN (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Electrician Neon Sign ELECTRICIAN-NEON SIGN, includes but is not limited to: 1. Installing, servicing and repairing plastic, neon and illuminated signs; 2. Ascending ladders or operating hydraulic or electric hoist to install, service, or examine sign to determine cause of malfunction; 3. Wiring, rewiring or removing defective parts and installing new parts using electrician's tools; 4. Removing sign or part of sign for repairs, such as structural fabrication, scroll repair, or transformer repair; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 16 Craft: ELECTRICIAN WIREMAN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Wireman-Cable Wireman Wireman General ADD ZONE RATE In addition to ELECTRICIAN-Wireman, rates, add the applicable amounts per hour, calculated from Washoe County Courthouse, Reno Nevada: Zone 1 0 to 70 miles $0.00 Zone 2 70 to 90 miles $8.00 Zone 3 90 miles and over $10.00 ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For the first eight hours worked on Saturday Double the regular straight time hourly rate shall be paid for all time: 3. For all hours worked over ten (10) hours in one day or shift. 4. For any hours worked on Sunday 5. For any hours worked on Holidays Shift Rates 1. Swing shift to be paid at seventeen-point three (17.3) percent the regular straight time rate for hours between 4:30 p.m. and 1:00 a.m. 2. Graveyard shift to be paid at thirty-one-point four (33.4) percent the regular straight time rate for hours between 12:30 a.m. and 9:00 a.m. 3. Shifts are established for at least five consecutive days or double the regular straight time rate shall be paid. **Note – Double the straight time rate is the max rate paid. (No pyramiding of overtime rates) RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admission Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between NECA and Local Union 401, IBEW All electrical construction, installation, or erection work including fabrication or prefabrication of boxes, brackets, bends and nipples and all electrical maintenance thereon including the final running tests. This shall include the installation and maintenance of temporary wiring and the installation of all electrical lighting, heat and power equipment, installation of all raceway systems, including underground conduits and all supports, underground utility conduits, photovoltaic power generation systems, wind power generation systems and geothermal power generating systems. Further all salvage of electrical work shall be included. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 17 Craft: ELEVATOR CONSTRUCTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Elevator Constructor-Journeyman Elevator Constructor-Journeyman Mechanic In ADD PREMIUM PAY Work performed on Construction Work on Saturdays, Sundays and before and after 30 the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double the rate of single time. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement of International Union of Elevator Constructors The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a forklift or truck mounted swing boom may be used by the Elevator Constructors. A derrick, crane or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local’s Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director. The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Bowser, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems. It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following: 1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned. 2. Balustrade brackets may be shipped attached but not aligned. 3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 18 All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto. The erecting of all guide rails. The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below. The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment. The setting of all templates. All foundations, either of wood or metal, that should take the place of masonry. The assembly of all cabs complete. The installation of all indicators. The erecting of all electrical or mechanical automatic or semi-automatic gates complete. The hanging of all automatic or semi-automatic elevator hoistway doors, together with the installation of hangers and tracks. The installation of all devices for opening and closing, and locking of elevator car and hoistway doors and gates. The drilling of doors for mounting of closing devices. The drilling of angle supports for mounting of closing devices except one template hole. The drilling of sills for sill trips. The operating of temporary cars. The setting of all elevator pressure open or pit tanks. The setting of hydraulic power units (power units include: motor, pump, drive valve system, internal piping, muffler, internal wiring, controller and tank). Where power units arrive in parts, they shall be assembled at the job site. The wiring and piping to and between multiple hydraulic power units shall be performed at the job site. All air cushions with the exception of those built of brick or those put together with hot rivets. Landing door entrances. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 19 Craft: FENCE ERECTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Fence ADD ZONE RATE In addition to FENCE ERECTOR rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles or over $6.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Includes but is not limited to: 1. Erecting or repairing chain link, wooden, tortoise, wire/wire mesh, or temporary fencing; 2. Mixing and pouring concrete around bases of posts and tamping soil into post hole to embed post; 3. Digging post holes with a spade, post hole digger or power-driven auger; 4. Aligning posts through the use of lines or by sighting; 5. Verifying vertical alignment of posts with a plumb bob or spirit level; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 20 Craft: FLAG PERSON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Flag ADD ZONE RATE In addition to FLAG PERSON rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles or over $6.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, Memorial Day, 4th of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day JOB DESCRIPTION FLAG PERSON, includes but is not limited to: 1. Directing movement of vehicular traffic through construction projects; 2. Distributing traffic control signs and markers along site in designated pattern; 3. Informing drivers of detour routes through construction sites; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 21 Craft: FLOOR COVERER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Floor Coverer Floor Coverer ADD PREMIUM PAY Shift work 1. $2.00 per hour will be added to the taxable net wage to shift schedule of hours worked between 6:00 p.m. and 6:00 a.m. One and one half (1 ½) time -shall be calculated using one hour of the taxable net wage and one half (1/2) the base wage, to be paid for all time: 1. For all hours worked over ten (10) hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight Double time -shall be calculated using one hour of the taxable net wage and one of the base wage, to be paid for all time: 1. For any hours worked on Sunday from midnight to midnight 2. For any hours worked on holidays from midnight to midnight RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admissions Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between Painters and Allied Trades DC 16 and Independent Flooring Contractors of No Nevada Measuring, cutting, fabricating, fitting, installing to be cemented, tacked or otherwise applied to its base wherever it may be, all materials whether used either as a decorative covering or as an acoustical appliance such as carpets of all types and designs, wall carpets, sheet rubber, sheet vinyl, cork carpet, rubber tile, asphalt tile, tile, cork tile, linoleum tile, mastic in sheets or the tile from vinyl tile, interlocking tile, laminate flooring, engineered wood, hardwood, composition in sheet or tile form and all derivatives of above; the fittings of all devices for the attachment of the above materials and the fitting of all decorative or protective trim to and adjoining the above materials which shall include the drilling and plugging of holes and attaching of strips, slats, nosing, etc. on any base where the above materials are to be installed, or applied, such as drilling, plugging, slating, and slating for installing or fastening of carpet, the installing of all nosing, cap strips, corner beads and edging of any material and the preparatory work of the craft for all of the aforesaid. Also, the cleaning of rugs, carpets, and drapery hanging, make-up and the installation of drapes, the spraying and/or rolling of adhesives as required for double stick installation and carpet tiles. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 22 Craft: GLAZIER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Glazier JOB DESCRIPTION: Includes but is not limited to: 1. Installing, setting, cutting, preparing, or removal of glass, or materials used in lieu thereof, including, without limitation, in windows, doorways, showers, bathtubs, skylights and display cases; 2. Installing glass on surfaces, including, without limitation, fronts of buildings, interior walls and ceilings; 3. Installing pre-assembled framework for windows and doors designed to be fitted with glass panels, including stained glass windows by using hand tools; 4. Loading and arranging of glass on trucks at the site of the public work; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 23 Craft: Highway Striper (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Highway Striper Highway Striper ADD ZONE RATE In addition to HIGHWAY STRIPER add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles or over $6.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, Memorial Day, 4th of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Includes but is not limited to: 1. Painting highways, streets and parking surfaces by using manually propelled or mechanically propelled machines, brushes, rollers or spray guns; 2. Installing any device or application of any material used in lieu of paint for traffic direction, including, without limitation, buttons, tapes, plastics, rumble bars and other similar materials; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 24 Craft: Hod Carrier-Brick Mason Tender (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Brick Mason Brick Mason ADD ZONE RATE In addition to Hod Carrier Brick Mason Tender rates add the applicable amounts per hour, calculated based on road miles from the Washoe County Courthouse: Zone 75 miles and Over $8.13 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, Memorial Day, 4th of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between No, NV Masonry Contractors and LIUNA Local 169 Conveying of all materials used by the Brick and Stone Masons from the first point of delivery to the Mechanic whether done manually or by a piece of machinery or equipment devised to replace the wheelbarrow or buggy, including but not limited to the forklift. The handling of Bricks, Blocks, mortar, or any other material to serve the bricklayer in any capacity building and dismantling scaffolds of any kind or type used by Bricklayers for masonry work including but not limited to tower scaffolds, access scaffolds, or other specialty scaffolds, mixing and tempering mortar by hand and/or machine, mixing grout and cleaning up after the bricklayer, the repairing and maintenance of all equipment, either on the job or in the yard. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 25 Craft: Hod Carrier-Plasterer Tender (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Plasterer Plasterer Tender- Gun Plasterer ADD ZONE RATE In addition to: HOD CARRIER-PLASTERER TENDER rates add the applicable amounts per hour, calculated based on road miles from So. Virginia St., Reno, Nevada: Zone 1 0 to 70 miles $0.00 Zone 2 70 miles and Over $8.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between Plasterers Contractors and LIUANA Local Union 169 Any Employee within the scope of this division tending or serving any other worker performing plasterers work, any plasterer, plasterers, or apprentices in any capacity performing plasterers work including but not limited to, handling and conveying of all materials after delivery used by plasters, including but not limited to, inside finish coat, outside finish coat, brown coat, scratch coat, sprayed or trawled on fireproofing, EIFS systems, and other materials or systems for the same or similar purpose whether done manually or by a piece of machinery or equipment devised to replace the wheelbarrow or buggy, including but not limited to the forklift, tusky hoist, and rigging and signaling for cranes to the point or points of application or installation, making mixing and preparing after delivery all materials used by plasters, whether by hand or machine including but not limited to mixers, pumps for plaster or fire proofing, plaster, finish coats, fireproofing, including Monocoat, Cafco or other materials for the same or similar use, moving any rolling scaffolding, building and handling all necessary trestle, scaffolding and planking of scaffolding for plasterers and lathers, building mortar boxes, mortar boards and stands, and the repairing and maintenance of all equipment either on the job or in the yard, the spreading of all temporary protective drop cloths, building paper or plastic covers and taping of same (in a composite crew with the plasterers when necessary), the cleaning of all floors, and debris, behind the plasterers or any other worker performing plasterers work in connection with the work performed all work necessary for cold weather protection and cure including but not limited to handling installing or tending to blankets, visqueen, and space heaters, and running putty. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 26 Tending to plasterers or any other worker performing plasterers work on EFIS system work shall include all work after the wallboard is installed including but not limited to any preparatory sealing or leveling, placing foam, mesh, and plaster including any rough, finish, and color coats. For sprayed on fire proofing work only, including Monocoat, Cafco or other materials for the same or similar use an Employer signatory to this Agreement and the Local 169, Laborers Master Agreement may employ Laborers at the Group 1 wage rate to perform overspray protection, the spreading of all temporary protective drop cloths, building paper or plastic covers and taping of same, the cleaning of all floors, and debris, cold weather protection and cure including but not limited to handling installing or tending to blankets, visqueen, and space heaters and moving rolling scaffolding. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 27 Craft: Ironworker (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes SEE AMENDMENT 1a Ironworker-Journeyman………………………………………………………………………………….76.90 Ironworker - Ironworker -General ADD ZONE RATE SEE AMENDMENT 1 In addition to lron Worker rates add the applicable amounts per day, calculated based on a road mile from the Reno City Hall. Zone 1 60 to 75 miles $25.00 Zone 2 75 to 100 miles $50.00 Zone 3 100 miles and over $60.00 ADD PREMIUM PAY One and one half (1X) the regular straight time hourly rate shall be paid: 1. For the first two hours worked in excess of eight on a regular workday Monday-Friday 2. For the first eight hours on Saturday Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over ten (10) hours in one day or shift. 2. For any hours worked on Sunday. 3. For all hours worked over eight on Saturday 4. For all hours worked on Holidays Shift Pay 1. 2nd shift add 6% of hourly wage 2. 3rd shift add 13% of hourly wage 3. Dedicated shift add 6% of hourly wage RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB CLASSIFICATION: Excerpt from Agreement between NV AGC and DC of Ironworkers Field fabrication and/or erection or deconstruction of structural, ornamental and reinforcing steel, including but not limited to the fabrication, rigging and signaling, erection and construction of all iron and steel, ornamental lead, bronze, brass, copper and aluminum, plastics and all other substitute materials, including, but not limited to, composites, carbon fiber and fiberglass, all barrier railings, handrail, aluminum, steel, glass and plastic, reinforced concrete structures or parts thereof; bridges, viaducts, inclines, dams, docks, dredges, vessels, locks, gates, guides, aqueducts, reservoirs, spillways, flumes, caissons, cofferdams, subways, tunnels, cableways, tramways, monorails, blast furnaces, stoves, kilns, coolers, crushers, agitators, pulverizers, mixers, concentrators, ovens, cupolas, roof decking such as but not limited to “Cofar”, “Trusdeck”, Mahon smoke conveyors, penstocks, flag poles, drums, shafting, shoring, fur and storage rooms, fans and hot rooms, stacks, bunkers, conveyors, dumpers, elevators, vats, tanks, enamel tanks, enamel vats, towers, pans, hoppers, plates, anchors, caps, corbels, lintels, Howe and combination trusses, grillage and foundation work, grating, bucks, partitions, hanging ceilings, hangers, clips, brackets, flooring, floor construction and domes, rolling shutters, curtains, frames; aluminum, rolling fire, won and iron doors, including supports; cast ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 28 tiling, air ducts, duct and trench frames and plates; wire work, railings, wire cable including pipe, guards, fencing, grill work, sidewalk and vault lights, skylights, roofs, canopies, light steel framing, marquees, awnings and other related equipment elevator and dumb waiter enclosures, elevator cars, tracks, fascias, aprons, operating devices, steel and aluminum sash, hardware and screens, frames, fronts, lockers, racks, book stacks, tables, shelving, metal furniture, seats, chutes, escalators, stairways including pre-engineered stairs, ventilators, boxes, fire escapes, signs, jail and cell work, safes, vaults, vault doors, safe deposit boxes, corrugated sheets when attached to steel frames, including insulation; frames in support of boilers; materials altered in field such as framing, cutting, bending, drilling, burning and welding including by acetylene gas and electric machines; metal forms and false work pertaining to concrete construction; seismic isolation systems and dampening systems including base isolators, sectional water tube and tubular boilers and stokers; traveling sheaves, vertical hydraulic elevators, bulkheads, skip hoists, making and installation of articles made of wire and fibrous rope, rigging in connection with pumps, compressors, forced and induced draft fans, air meters, Bailey meters, agitators, oxygen converters, cindering machines, pelletizing machines, reactor vessels, reactor spheres, completed tanks and assembled sections of completed tanks, scroll cases, refineries, hydroelectric power houses and steam plants, cogeneration plants, vessels and government departments; false work, travelers, scaffolding, pile drivers, sheet piling, derricks and powered derrick swinger including the erection, installation, handling and operating. Cranes erection, installation, handling and operating of same on all forms and types of construction work. The operation of Valla and Spider type battery and/or propane powered portable floor cranes having no operator seat utilized to install ironworker scope of work and the same on all forms and types of construction work. Crane work at the ports, including hammer-head cranes, container cranes and rubber tire cranes. Offloading, relocations, and commissioning of all burning and removal of sea bracing track layout; erection of apex boom extensions, back reach extensions, and rail replacement. Includes all welding, containment and structural modifications of the aforementioned items; railroad bridge work including maintenance thereof; moving, hoisting and lowering of machinery, modules, skid modules and placing of same on foundation, including bridges, cranes, intermittent use forklifts, derricks, buildings, piers and vessels; loading, unloading, necessary maintenance, erection, installation, removal, wrecking and dismantling of all of the above and all reinforcing work and submarine diving in connection with or about same; erection of steel towers, chutes and spouts for concrete where attached to towers and handling and fastening of cables and guys for same; unloading, racking, sorting, cutting, bending, hoisting, placing and tying including the use of any and all mechanical tying devices, burning and welding including stud welding of all iron, steel and metal in reinforced concrete construction including mesh for floor arches and the making of hoops and stirrups, metal forms and metal supports thereof; jacking of slip forms, installation of all wire, cable, parabolic cans, steel and all other materials, including, but not limited to, composites, carbon fiber and fiberglass, used for the purposes of prestressing including grouting of ducts, post stressing concrete girders, beams, columns, etc.; loading, unloading, hoisting, handling, signaling, placing and erection of all prestressed, post stressed, precast materials, G.F.R.C., Dryvit System, including the securing by bolting and/or welding and the installation of steeltex and wire mesh of any type when used for reinforced concrete construction; erection of all curtain wall; glass handrail; stay in place deck; automated and/or mechanical parking structures; offloading, staging, hoisting and setting of modular structures and micro-units; curtain wall systems and associated sealants. Window wall and entrances, panels, insulated and non-insulated, factory and field assembled, porcelain enameled panels, ceramic, laminated spandrelite, louvers and sunscreens; application of thiokol, neoprene and other sealants used to seal materials installed by Iron Workers; installation and handling of phenolic panels, including but not limited to, Trespa products and all similarly related materials and/or systems; installation of metal window stools and sills; installation of aluminum, bronze and steel thresholds; erection and dismantling of all types of cranes and changing of booms; erection of rock, sand and gravel plants, dismantling and loading out conveyors, aggregate plants, batch plants, ableways, refrigeration plants, etc.; erection and dismantling of Monigan walking dragline, launchhammer bucket wheel excavator and other trenching equipment; signaling on highlines, whirley cranes and derricks, buck hoists, man hoists, fork lifts, material towers and scanning antennae; metal ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 29 and steel supports of all types; fabrication, assembling and erection of offshore drilling platforms or similar installations; dust collectors, precipitators, multi-plate, specialty welding processes, unloading, loading, hoisting, handling and rigging of all building materials delivered to the job site; hanging ceilings, tees, channels, beams, acoustical elements, sound barriers, computer floors, etc.; installation of stage rigging (including counterweights), curtains, draperies, traverse rods, tracks, cables, window cleaning equipment, powered work platforms, including and loading and unloading, erection installation and removal of powered chassis mounted elevating mast climbing work platforms, rigging in connection with display shows; ski lifts, etc.; wrecking of bridges, viaducts, elevated roads and structural steel and iron in buildings; all steel frames for openings, all porches, verandas, canopies and balconies; all overhead travelers, duo rails, tram rails; erection, setting, repairing of guard or collision rails on bridges and approaches, road ways or any other structures; handling and setting of all types of steel and metal joists, including metal box joists for truss lab and preformed keystone shaped metal joists; erection of steel and metal houses and packaged buildings; all translucent and plastic material on steel frame construction; the erection of solar energy systems, including but not limited to, photo voltaic, heliostat and parabolic systems, energy producing windmill type towers, wind turbine erection to included, but not limited to, prep work, boltup, tensioning or torque of bolts on base and all tower section turbine and blade assemblies; nuclear reactors, electromagnetic shielding plates and atomic vessels including all component parts; the plumbing, aligning and leveling of all materials and equipment through the use of optical instruments, LASER beams, etc., and the use of instruments to establish layout, installation and disposition of ironworker installed scope of work; the unloading, distributing, stockpiling and handling of all materials coming under the jurisdictional claims of the UNION such as to rail heads, storage yards, loading and unloading, hoisting, handling, signaling of all fabricated material and equipment at the jobsite (except FOB deliveries) related to the Iron Workers jurisdiction that is within the individual employers’ contractual scope of work including from and to barge and ships to a lay down yard or construction project, etc., shall be done by the Iron Workers. All reinforcing work in connection with field fabrication, including but not limited to the pre-assembly of reinforcing cages, loading and unloading, handling, racking, sorting, cutting, bending, hoisting, intermittent use of forklifts, placing, burning, welding and tying of all material including the use of any and all mechanical tying devices, or substitute materials, including but not limited to, composites, carbon fiber and fiberglass, stainless steel, used to reinforce concrete construction shall be done by Iron Workers within the individual employers’ scope of work at the jobsite, excluding FOB deliveries. A working Iron Worker shall be employed for maintenance on jobs of substantial size while concrete is being poured on reinforcing steel, wire mesh and paper back steeltex but will not be required as a stand-by man. All work in connection with the installation, alignment, repair & modification of panelized roofing systems, pre-engineered fabric structures, aluminum clarifier coverings, carports, ministorages, and dock planks. All work in connection with the installation, alignment, repair and modification of bleachers, planking and stadium seating. All work in connection of installation of amusement rides including, but not limited to, the erection and alignment of all track, machinery and related components. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 30 Craft: Laborer (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Landscaper Furniture Mover Group Group Group Group Group Group Group Group Group 6 Nozzlemen, Gunmen, Gunite ADD ZONE RATE In addition to LABORER rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles or over $6.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS SEE AMENDMENT 6 If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between AGC and LIUNA Local 169 The construction, erection, alteration, repair, modification, demolition, addition, improvement of all building, heavy and highway, utility, industrial and all other type(s) of construction. SEE GROUP CLASSIFICATIONS ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 31 Craft: LUBRICATION AND SERVICE ENGINEER (MOBILE AND GREASE RACK) (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Lubrication and Service Engineer (mobile and grease ADD ZONE RATE In addition to: LUBRICATION AND SERVICE ENGINEER (MOBILE AND GREASE RACK) rates add the applicable amounts per hour calculated based on a road miles from the Carson City Courthouse or Washoe County Courthouse. Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles and over $6.00 ADD PREMIUM PAY 1. One and one-half (1-1/2) times the applicable straight-time rate for the day, shift, work, equipment and classification shall be paid for all work (including repair work and field survey work) performed on Saturday and before a shift begins and after it ends, except when operating equipment servicing a craft that is receiving double time on commercial building construction, in which case double time shall be paid. 2. Overtime. The following rates shall apply on Sundays and holidays and all work before a shift begins and after it ends: RECOGNIZED HOLIDAYS Holidays. Double the applicable straight-time rate shall be paid for all work (including repair, maintenance and field survey work) performed on Sundays and the following holidays: New Year's Day (January Memorial Day (last Monday in May); Independence Day (July Labor Day (1st Monday in September); Nevada Admission Day (last Friday in October); Thanksgiving Day (4th Thursday in November); the day after Thanksgiving Day; and Christmas Day (December 25). Holidays falling on Sunday shall be observed on the following Monday. Holiday hours shall be reckoned on the same basis as Sunday hours. Saturday Shift Period. On any shift, Saturday shall be the twenty-four-hour period commencing at 12:00 midnight Friday. Sunday Shift Period. On any shift, Sunday shall be the twenty-four-hour period commencing at 12:00 midnight Saturday. 3. For hours worked in excess of 12) on any such workday, an Employee shall be paid two times the regular straight-time rate of pay for each hour so worked. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 32 Craft: Mechanical Insulator (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Mechanical Mechanical Insulator-Foreman….. Mechanical Insulator-General Foreman ADD ZONE RATE SEE AMENDMENT 5 In addition to MECHANICAL INSULATOR rates add the applicable amounts per hour, calculated based on a radius figured from Reno City Hall: Zone 1 0 to 20 miles $11.00 Zone 2 21 to 40 miles $21.00 Zone 3 41 to 60 miles $31.00 Zone 4 Over 60 miles $85.00 ADD PREMIUM PAY One and one half times the minimum hourly wage rate shall be paid for the first two hours of overtime work, directly following eight hours Monday through Friday, and for the first ten (10) hours worked on Saturdays. Double the minimum hourly wage rate shall be paid for all other overtime worked Monday through Friday and in excess of ten (10) hours on Saturdays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from the Int’l Assoc. of Heat and Frost Insulators and Allied Workers Local 16 and the No. CA Chapter. Western Insulation Contractors Assoc. 65. Lining of all mechanical room surfaces and air handling shafts. 66.The filling and damming of fire stops and penetrations including, but not limited to, electrical and mechanical systems. 67. All foam applications for the purpose of thermal, acoustical, or fire protective purposes, including RTV foams or equivalents, applied to mechanical or electrical systems. 68. All duct lining, and duct wrapping, done on the job site, direct application and installation of fire protection of grease ducts, exhaust systems, or any other ductwork for acoustical or thermal purposes. 69. The insulation of all field joints on pre-insulated underground piping, and the pouring of Gilsilite or its equivalent. 70. Any finish material which is contiguous to the thermal or acoustical application. 71. The preparation, distribution of materials on job sites, assembling, molding, spraying, pouring, mixing, hanging, adjusting, repairing, dismantling, reconditioning, maintaining, finishing, and weather proofing of hot or cold thermal or acoustical insulation with such materials as may be specified. 72. The application of any material, including metal and PVC jacketing, Alumaguard or equivalent, on piping, fittings, valves, flanges, boilers, ducts, plenums, flues, tanks, vats, equipment and any other hot or cold surface for the purpose of thermal control. 73. The Agreement shall cover all other work of a specialty nature. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 33 Craft: Millwright (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Millwright 68.61 Millwright Millwright Millwright General ADD ZONE RATE In addition to MILLWRIGHT rates, add the applicable amounts per hour, calculated on road miles from the Washoe County Courthouse: Zone 1 0 to 15 Miles $0.00 Zone 2 15 to 35 Miles $2.50 Zone 3 Over 35 Miles $4.25 ADD PREMIUM PAY First two hours outside the regular constituted shift shall be at the rate of time and one-half (1½X). Saturdays up to the first ten (10) hours shall be at the rate of time and one-half (1½X). All additional hours and Sundays and holidays shall be the rate of double time (2X). When working on Sundays and holidays, there will be one dollar and fifty cents ($1.50) per hour additional paid to Pension Annuity. RECOGNIZED HOLIDAYS New Year's Day, Washington's Birthday (President's Day), Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day. Admission Day is a recognized holiday in lieu of Veterans' Day. JOB DESCRIPTION Excerpt from Southwest Regional Council of Carpenters and Affiliated Local Unions Master Labor Agreement 5006.18 The work of the millwrights, as spelled out in the Jurisdictional Claims Handbook referenced in Paragraph 5006.17 above, is as follows: The term "MILLWRIGHTS AND MACHINE ERECTORS" shall mean the, unloading, hoisting, rigging, skidding, moving, dismantling, aligning, erecting, assembling, repairing, maintaining and adjusting of all machinery and equipment installed either in buildings, factories, structures, or processing areas, either undercover, underground or elsewhere required to process material, handle, manufacture or service, be it powered or receiving power manually, by steam, gas, electric, gasoline, diesel, nuclear, solar, water, air or chemically; and in industries such as and including but not limited to the following (which are identified for the purpose of description: woodworking plants, canning industries, steel, coffee roasting plants, paper and pulp, cellophane, stone crushing, gravel and sand washing and handling, refineries, grain storage and handling, asphalt plants, sewage disposal and water plants, laundry, bakery, mixing plants, can, bottle and bag packing plants, textile mills, paint mills, breweries and milk processing plants, power plants, aluminum processing or manufacturing plants, and the amusement or entertainment field. 5006.19 Also included are installation of mechanical equipment in atomic energy plants, installation of reactors in power plants, installation of control rods and equipment in reactors, installation of mechanical ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 34 equipment in rocket missile bases, launchers, launching gantry, floating bases, hydraulic escape doors and any and all component parts thereto either assembled, semi-assembled or disassembled. 5006.20 Further included is the installation of, but not limited to the following: setting of all engines, motors, generators, air compressors and fans, pumps, scales, hoppers, conveyors of all types and sizes and their supports, escalators, man lifts, moving machinery, mechanical operator and/or automatic doors, roll-up doors, mechanical stage equipment, amusement devices, mechanical pin setters and spotters in bowling alleys, refrigeration equipment and installation of all types of equipment necessary and required to process material either in manufacturing or servicing, the handling and installation of pulleys, gears, sheaves, fly wheels, air and vacuum drives, worm drives and gear drives directly or indirectly coupled to motors, belts, chains, screws, legs, boots, guards, boot tanks, all bin valves, turn heads and indicators, shafting, bearing, cable sprockets, cutting all key seats in new and old work, troughs, chippers, filters, calendars, rolls, winders, reminders, slitters, cutters and wrapping machines; blowers, forging machines, rams, hydraulic or otherwise, planing, extruder, ball, dust collectors, equipment in meat packing plants and splicing of ropes and cables. 5006.21 Additionally included are the laying out, fabrication and installation of protection equipment, including machinery guards, the making and setting of templates for machinery, fabrication of bolts, nuts, pins and drilling of holes for any equipment which the millwrights install regardless of materials; all welding and burning regardless of type; fabrication of all lines, hose or tubing used in lubricating machinery installed by millwrights; grinding, cleaning, servicing and machine work necessary for any part of any equipment installed by the millwrights; and the breaking in and trial run, of any equipment or machinery installed by the millwrights 5006.22 When requested in writing by the Millwright Union, individual Employers who are parties to this Agreement shall furnish signed letters on a date mutually agreed upon by both parties, but in no case more than thirty (30) days, on the letterhead of the individual Employer stating he is employing or had employed millwrights on a specific type of work and a specific job and paid the negotiated scale of wages and fringe benefits for such work. 5006.23 The individual Employer and the Local Union will cooperate in attempting to resolve jurisdictional disputes that may arise on any job or project. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 35 Craft: OPERATING ENGINEER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group Group Group Group Group Group Group Group Group Group Group Group Group Group 68.41 Add $12.5% to base rate for “Special” Shift Add Operating Engineers Zone Pay Add Premium Pay Craft: OPERATING ENGINEER (Union Rate) STEEL FABRICATOR & ERECTOR Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group 1 Truck Crane Group 1 Group Group 2 Truck Crane Group 2 Group Group 3 Truck Crane Group 3 Group 3 Group Group Add $12.5% to base rate for “Special” Shift Add Operating Engineers Zone Pay Add Premium Pay ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 36 Craft: OPERATING ENGINEER (Union Rate) PILEDRIVER Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group 1 Truck Crane Group 1 Group Group 2 Truck Crane Group 2 Group Group 3 Truck Crane Group 3 Group Group Group Group Group Add $12.5% to base rate for “Special” Shift ADD ZONE RATE In addition to: OPERATING ENGINEER, STEEL FABRICATOR & ERECTOR, and OPERATING ENGINEER PILEDRIVER, rates add the applicable amounts per hour calculated based on a road miles from the Carson City Courthouse or Washoe County Courthouse Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles over $6.00 ADD PREMIUM PAY 1. One and one-half (1-1/2) times the applicable straight-time rate for the day, shift, work, equipment and classification shall be paid for all work (including repair work and field survey work) performed on Saturday and before a shift begins and after it ends, except when operating equipment servicing a craft that is receiving double time on commercial building construction, in which case double time shall be paid. 2. Overtime. The following rates shall apply on Sundays and holidays and all work before a shift begins and after it ends: RECOGNIZED HOLIDAYS Holidays. Double the applicable straight-time rate shall be paid for all work (including repair, maintenance and field survey work) performed on Sundays and the following holidays: New Year's Day (January Memorial Day (last Monday in May); Independence Day (July Labor Day (1st Monday in September); Nevada Admission Day (last Friday in October); Thanksgiving Day (4th Thursday in November); the day after Thanksgiving Day; and Christmas Day (December 25). Holidays falling on Sunday shall be observed on the following Monday. Holiday hours shall be reckoned on the same basis as Sunday hours. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 37 Saturday Shift Period. On any shift, Saturday shall be the twenty-four-hour period commencing at 12:00 midnight Friday. Sunday Shift Period. On any shift, Sunday shall be the twenty-four-hour period commencing at 12:00 midnight Saturday. 3. For hours worked in excess of 12) on any such workday, an Employee shall be paid two times the regular straight-time rate of pay for each hour so worked. JOB DESCRIPTION, includes but is not limited to: Operate one or several types of power construction equipment, such as motor graders, bulldozers, scrapers, compressors, pumps, derricks, shovels, tractors, or front-end loaders to excavate, move, and grade earth, erect structures, or pour concrete or other hard surface pavement. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 38 Craft: PAINTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Brush/Roller Spray Structural Steel & Swing Special Coating Special Coating Special Coating Application-Spray above highest Journeyman ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift unless the Union is notified when four tens (10’s) are instituted. 2. For any hours worked on Saturday from midnight to midnight 3. For any work performed in excess of the regular work week of forty (40) hours. Double the regular straight time hourly rate shall be paid for all time: 1. For any hours worked on Sunday from midnight to midnight 2. For any hours worked on holidays from midnight to midnight RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between Painters and Allied Trades DC 16 and Independent Flooring Contractors of No Nevada a. All painting of residences, buildings, structures, industrial plants, tanks, vats, pipes, vessels, bridges, light poles, high tension poles, traffic and parking lines on highways, parking lots, playgrounds, factories, and air line strips; all sign, pictorial, coach, car automobile, carriage, aircraft machinery, ship and railroad equipment, mural and scenic painting; spackling of all surfaces where adhesive materials are used; and all drywall pointing, taping and finishing. b. All decorators, paperhangers, hard wood finishers, grainers, glaziers, varnishers, enamellers 1. Paperhangers work shall be all material of whatever kind or quality applied to walls or ceilings with paste or adhesive; all tacking on the muslin or other materials which is used as wall or ceiling coverings or covered with material pasted on. 2. The scraping off of old paper, preparing of walls, etc., for paper hangers work. 3. The application of relief, stucco, plaster or decorative work shall not be considered paperhanger's work exclusively. All men engaged in applying or removing paints, pigments, extenders, metal primers and metal pigments, clear pigments, binders, thinners and dryers, primers and sealers, oil paints and enamels, ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 39 water colors and emulsions, clear coatings, waxes, stains, mastics, cement enamels and other special coatings, plastics, adhesives, coatings and sheet rubber and other linings, oils, varnishes, water colors, wall paper, wall coverings or other materials used in the various branches of the trade, and the cleaning and bleaching of all interior and exterior walls and surfaces with liquid, steam, sandblast or any other process and all work incidental thereto. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 40 Craft: PILEDRIVER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes See Amendment 3 Piledriver-General 95.41 Stand-By Diver-Diving (Wet 55.87 ADD ZONE RATE In addition to PILEDRIVER rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 Over 300 miles $6.00 ADD PREMIUM PAY First two hours outside the regular constituted shift shall be at the rate of time and one-half (1½X). Saturdays up to the first ten (10) hours shall be at the rate of time and one-half (1½X). All additional hours and Sundays and holidays shall be the rate of double time (2X). When working on Sundays and holidays, there will be one dollar and fifty cents ($1.50) per hour additional paid to Pension Annuity. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day. JOB DESCRIPTION Excerpt from Southwest Regional Council of Carpenters and Affiliated Local Unions Master Labor Agreement 104.1 The Carpenters claim the layout, rigging, tagging, signaling, cutting, burning, welding, chain sawing, driving, setting and pulling of all soldier piles and soldier beams together with all necessary waling, shoring, underpinning, struts, bracing, capping and lagging necessary for construction of subterranean structures of all types to include, but not limited to subways, subway stations, buildings, storm drains, sewers, pipelines and all open cut and cover construction projects. The Carpenters further claim construction of all covers and access mats to include all necessary rigging for setting and removing, whether intermittently or regularly and installation and removal of timber decking. In addition to the work identified in Article I, the Pile Divers claim the operation of the following types of equipment when the operation of same is incidental to that work which falls under the jurisdiction of the United Brotherhood of Carpenters and Joiners of America or Pile Drivers Local Union No. 2375; mechanical forklifts of all types, boom trucks and any other mobile equipment as assigned by the employer necessary to complete the work. In addition, the operation of the power pack and vibratory hammer controls when driving or pulling, sheet pile, pile, soldier beams, cassinos or casing. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 41 In the construction of waterfront and marine facilities, such as docks, piers, wharves, bulkheads, jetties, and similar structures, the pile driver classification should continue to apply, up to and including the decking thereof. On all pile driving and caisson work on both land and water, the Pile Driver classification should apply. In the construction of wooden bridges whether over land or over water, when composed of heavy timber, the Pile Driver classification should apply. In the construction of concrete or steel bridges over land, the Pile Driver classification shall apply to the driving of piles and/or caisson work including the forms required for the capping of the piles or caissons immediately top of the piles or caissons. The capping of the piles is herein interpreted as being that concrete, wood, or other material resting on the top of the piles where driven or placed and does not include any further form work above the capping. In many instances it has been found that the capping is called the girder. The above shall apply on such concrete or steel bridges constructed over land, highways, railroads, overpasses and include cloverleafs, interchanges, etc. In the construction of concrete or steel bridges over water, the Pile Driver classification shall apply up to and including all of the form work to the top of the column, piers, or abutments supporting the steel and/or any other superstructures. In the erection of false work, when necessary for the support of work under the Pile Driver classification, then such false work shall fall within their classification. False work necessary for the support of work under the Carpenter classification shall be done within such Carpenter classification, with the exception that where pile driving or power equipment is used for heavy timber false work, then such work shall come under the Pile Driver classification. This would include all rigging, signaling and tagging incidental to the placing of the heavy timber. In the construction of open-cut sewers, the Pile Driver classification shall apply on all piling including wood, steel or concrete sheet piling, all bracing timber and form work incidental to the construction thereof. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 42 Craft: PLASTERER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes ADD ZONE RATE In addition to PLASTERER rates add the applicable amounts per hour, calculated from the South Virginia and Mill Street, Reno, Nevada: Zone 1 0 to 70 miles $0.00 Zone 2 70 miles and over $8.00 ADD PREMIUM PAY OVERTIME Eight consecutive hours (exclusive of a meal period) shall constitute a day’s work at straight time. Five consecutive days of eight consecutive hours (exclusive of a meal period), Monday through Friday, shall constitute a week’s work. One and one half (1 ½) the regular straight time hourly rate shall be paid for all work over eight hours. Sunday will be paid at double the regular straight time rate. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, 4th of July, Labor Day, Admissions Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement No NV. Plasterers Master Labor Agreement This includes but is not limited to: 1. All building construction, including but not limited to the construction, erection, alteration, repair, modification, demolition, addition, or improvement in whole or in part of any building structures, 2. All interior or exterior plastering construction, restoration, repair and inspection of cement, stucco, stone imitation or any patent material when ornamental molded plaster, and the setting of same. All specialty finishes such as veneer, venetian, marmoreno and grasello. All custom and specialty finishes, including but not limited to custom rock, carved plaster, brick and block veneer, stone and wood. Smooth and finish surfaces of full system E.I.F.S. including sticking and shaping of foam pieces or surfaces by adhesive or mechanical installation. All spray or toweled on fireproofing, including cementitious and intumescent products. All plaster acoustical finish systems including, but not limited to, BASWA Phon and Fellert. 3. All work processes which represent technological change, replacement, modification or substitution for the work described above. In addition, all work and use of new materials or 2020-2024 Reno Plasterers Master Labor Agreement 4 techniques involved in plaster construction including but not limited to what is known as green or sustainable construction technology. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 43 Craft: PLUMBER/PIPEFITTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Plumber/Pipefitter-Journeyman..………………………...……………………………………………….63.95 Plumber/Pipefitter-Foreman.……………………………...………………………………………………68.18 Plumber/Pipefitter-General ADD ZONE RATE In addition to PLUMBER/PIPEFITTER rates add the applicable amounts per statute air mile radius from the Nevada freeway interchange of Interstate 80 and 580. Zone 1 0 to 75 $0.00 Zone 2 Over 75 miles $8.00 A separate free zone will be established for employees permanently residing and working within a seventy-five (75) statute air mile radius of the Elko, Nevada Post Office. Zone 1 0 to 75 $0.00 Zone 2 Over 75 miles $8.00 ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, Fourth of July, Labor Day, Nevada Admission Day, Thanksgiving Day, the Friday after Thanksgiving Day, Day Before Christmas and Christmas Day and any Friday preceding a Holiday falling on a Saturday, if worked, holidays shall be compensated at the double time rate. JOB DESCRIPTION Excerpt from Agreement between LU 350 of United Assoc. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada Installation of all hearing and refrigeration systems and competent parts thereof, including fabrication, assembling, erection installation, dismantling, repairing, reconditioning, adjusting, altering servicing, handling, distributing, and tying on all piping materials appurtenances and equipment by method, including all hangars and supports of every description, all other work including the the trade relevant to oil burner and all other types of heating and refrigeration equipment including low voltage controls. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 44 Craft: REFRIGERATION MECHANIC (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes 59.34 Refrigeration Refrigeration -General Foreman ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, Fourth of July, Labor Day, Nevada Admission Day, Thanksgiving Day, the Friday after Thanksgiving Day, Day Before Christmas and Christmas Day and any Friday preceding a Holiday falling on a Saturday, if worked, holidays shall be compensated at the double time rate. JOB DESCRIPTION Excerpt from Agreement between LU 350 of United Assoc. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada Installation of all hearing and refrigeration systems and competent parts thereof, including fabrication, assembling, erection installation, dismantling, repairing, reconditioning, adjusting, altering servicing, handling, distributing, and tying on all piping materials appurtenances and equipment by method, including all hangars and supports of every description, all other work including the trade relevant to oil burner and all other types of heating and refrigeration equipment including low voltage controls. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 45 Craft: ROOFER (Non-Union Rate) (Does not include sheet metal roofs) Prevailing wage rates include the base rate as well as all applicable fringes ROOFER Includes but is not limited to: 1. Installing and covering roofs and structures with slate, asphalt, wood and other related materials, other than sheet metal, by using brushes, knives, punches, hammers and other tools; 2. Spraying roofs, sidings and walls with material to bind, seal, insulate or soundproof sections of a structure; 3. Installation of all plastic, slate, slag, gravel, asphalt and composition roofing, and rock asphalt mastic when used for damp and waterproofing; 4. Installation of all damp resisting preparations when applied on roofs with mop, three-knot brush, roller, swab or spray system; 5. All types of preformed panels used in waterproofing; 6. Handling, hoisting and storing of all roofing, damp and waterproofing materials; 7. The tear-off and/or removal of roofing and roofing materials; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 46 Craft: SHEET METAL WORKERS (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Sheet Metal Worker Sheet Metal Worker Sheet Metal Worker -General ADD ZONE RATE In addition to SHEET METAL rates add the applicable amounts per hour, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 100 miles $5.00 Zone 3 Over 100 miles $10.00 the employee shall be provided reasonable lodging and meal expenses. ADD PREMIUM PAY All hourly rates are subject to Over Time (One and one half 1 ½) of the Regular rate: 1. For all hours worked over Eight Hours in one day or shift. 2. For the first Eight Hours work on Saturday. All hourly rates are subject to Double Time of the Regular Rate: 1. For all hours worked over Ten (10) Hours in one day or shift. 2. For all hours worked over Eight Hours on Saturday. 3. For all hours worked on Sunday, New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day JOB DESCRIPTION: Excerpt from Sheet Metal Local 26 Collective Bargaining Agreement manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems, and air-handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; all lagging over insulation and all duct lining; testing and balancing of all air-handling equipment and duct work; the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; metal roofing; and all other work included in the jurisdictional claims of International Association of Sheet Metal, Air, Rail and Transportation Workers. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 47 Craft: SPRINKLER FITTER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Sprinkler JOB DESCRIPTION Installing, dismantling, maintenance, repairs, adjustments and corrections of all fire protection and fire control systems Including the unloading, handling by hand, power equipment and installation of all piping or tubing, appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarms systems, also all tanks and pumps connected thereto. Also including shall be CO2 and Cardox Systems, Dry Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam fire protection systems. Craft: SOILS and MATERIAL TESTER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Soil Tester Soils and Materials Craft: SURVEYOR (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes SURVEYOR, includes but is not limited to: 1. Planning ground surveys designed to establish base lines, elevation and other geodetic measurements; 2. Compiling data relevant to the shape, contour, gravitation, location, elevation and dimension of land and land features on or near the surface of the Earth for engineering, map making, mining, land evaluation, construction and other purposes; 3. Surveying bodies of water to determine navigable channels and to secure data for construction of breakwaters, piers and other marine structures; 4. Computing data necessary for driving and connecting underground passages, underground storage and volume of underground deposits. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 48 Craft: TAPER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Taper-General ADD ZONE RATE In addition to: TAPER rates add the applicable amounts per hour Zone Pay shall commence from Maryland Parkway and Charleston Boulevard and shall be paid as follows: Zone 1 0 to 40 miles $0.00 Zone 2 40 to 60 miles $2.50 Zone 3 over 60 miles $4.25 RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. ADD PREMIUM PAY All overtime, except Sundays and holidays, will be time and one-half (1 1/2). Sundays and holidays will be paid double time (2X). Any and all work performed in excess of the regular workday of eight hours, or ten (10) hours if mutually agreed to, and the regular workweek of forty (40) hours shall be considered overtime and shall be paid for at one and one-half (1 1/2) times the regular hourly rate. JOB DESCRIPTION: Excerpt from Agreement between DC 16 and the independent Drywall Contractors of Northern Nevada SECTION 1 The scope of work covered by this Agreement shall include (but not be limited to) all work operations, including distribution to the point of application, as follows: Work or services pertaining to the preparation, spotting, pointing, detailing, flushing, sanding and finishing of interior and/or exterior gypsum, drywall, thin wall, concrete, steel, wood and plaster surfaces, spackling of all surfaces where adhesive materials are used; and all drywall pointing, taping and finishing. Work or services pertaining to the application of all finish or flushing materials regardless of method of application or type of surface on which materials are applied, including but not limited to texture and simulated acoustic materials of all types and the application of radiant heat fill and steel fireproofing materials. Work or services pertaining to the installation of protective coverings and masking prior to the application of finish materials. The operation and care of all taping tools and texturing equipment used in the finishing and texturing of drywall and other surfaces including brushes, rollers, spray texturing equipment, miscellaneous hand, mechanical, and power tools, and the operation and maintenance of compressors required in the finishing and texturing of such surfaces. No limitation shall be placed on the work covered by this Agreement by reason of the surface, type of material or purpose for which the materials used are designed or intended. The cleanup of all materials and debris occasioned by any job operation at the site of construction, alteration, or repair undertaken whether such operation occurs on the interior or exterior of a building structure. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 49 Craft: TILE SETTER/TERRAZZO WORKER/MARBLE MASON FINISHER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Tile Setter/Terrazzo Worker/Marble Mason- Tile Setter/Terrazzo Worker/Marble Mason- Finisher Tile Setter/Terrazzo Worker/Marble Mason Finisher- General Foremen……………………………39.32 ADD PREMIUM PAY All work in excess of forty (40) hours during the established work week shall be paid at the rate of one and one-half (1-1/2) times the hourly base wage rate in effect. Employees shall be paid one and one-half (1-1/2) times the hourly wage rate for al hours worked over eight in a single day and double time after ten (10) hours in a single day, Monday through Friday, except recognized holidays. Daily Overtime Saturdays the first ten (10) hours performed on Saturday shall be paid at one and one-half (1-1/2) times the straight time wage rate. Daily Overtime Sunday- Employees shall be paid double time on Sundays if forty (40) straight time hours have been worked during the proceeding work week. Holidays shall be paid double time for hours owed on recognized holidays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. Any holiday falling on a Sunday will be observed on Monday. JOB DESCRIPTION: Excerpt from Agreement between BAC 13 Nevada of the Mountain West Administrative District Council Master Labor Agreement FINISHER'S WORK: Finisher's work shall consist of assisting, helping or supporting the tile, marble and terrazzo mechanic by performing their historic and traditional work assignments. required to complete the proper installation of the work covered by Sections 5, 7 and 8 of this Code. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 50 Craft: TILE SETTER/TERRAZZO WORKER/MARBLE MASON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Tile Setter Tile Setter Tile Setter General Foreman…. 49.12 Terrazzo/Marble Mason-Journeyman Terrazzo/Marble Mason-Foreman Terrazzo/Marble Mason-General 50.12 ADD ZONE RATE In addition to TILE SETTER/TERRAZZO WORKER/MARBLE MASON rates add the applicable amounts per hour, calculated based on a road miles of over fifty (50) miles from the Washoe County Courthouse in Reno, Nevada: Zone 1 0 to 50 miles $0.00 Zone 2 50 to 75 miles $3.75 Zone 3 Over 70 miles $8.13 ADD PREMIUM PAY All work in excess of forty (40) hours during the established work week shall be paid at the rate of one and one-half (1-1/2) times the hourly base wage rate in effect. Employees shall be paid one and one-half (1-1/2) times the hourly wage rate for all hours worked over eight in a single day and double time after ten (10) hours in a single day, Monday through Friday, except recognized holidays. Daily Overtime Saturdays the first ten (10) hours performed on Saturday shall be paid at one and one-half (1-1/2) times the straight time wage rate. Daily Overtime Sunday- Employees shall be paid double time on Sundays if forty (40) straight time hours have been worked during the proceeding work week. Holidays shall be paid double time for hours owed on recognized holidays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. Any holiday falling on a Sunday will be observed on Monday. JOB DESCRIPTION: Excerpt from Agreement between BAC 13 Nevada of the Mountain West Administrative District Council Master Labor Agreement TILE LAYERS' WORK: Tile laying shall consist of, but not be limited to, the following work procedures and installation of the following materials: ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 51 A. The laying, cutting or setting of all tile where used for floors, walls, ceilings, walks, promenade roofs, stair treads, stair risers, facings, hearths, fireplaces, and decorative inserts, together with any marble plinths, thresholds or window stools used in connection with any tile work; also, preparing and setting all concrete, cement, brickwork, or other foundation or materials that may be required to properly set and complete such work; setting or bedding all tiling, stone, marble, composition, glass, mosaic, or other materials forming the facing, hearth or fireplace of a mantel, or the mantel complete, together with setting of all cement, brickwork, or other materials required in connection with the above work; also the slabbing and fabrication of tile mantels, counters and tile panels of every description, and the erection and installation of same; the building, shaping, forming, construction or repairing of all fireplace work, whether in connection with a mantel hearth facing or not, and the setting and preparing of all material, such as cement, plaster, mortar, brickwork, iron work or other materials necessary for the proper and safe construction and completion of such work, except that a mantel made exclusively of brick, marble or stone, shall be conceded to be bricklayers', marble setters' or stonemasons' work, respectively. B. It will be understood that the word "tile" refers to all burned clay products, as used in the tile industry, either glazed or unglazed, and to all composition materials made in single units up to 15"x20"x2", except quarry tiles larger than 9"x9"x1 1/4", also to mixtures in tile form of cement, plastics and metals that are made for and intended for use as a finished floor surface, whether upon interior or exterior floors, stair treads, promenade roofs, garden walks, interior walls, ceilings, swimming pools, and all places where tile may be used to form a finished surface for practical use, sanitary finish or decorative purposes, for setting all accessories in connection therewith, or for decorative inserts in other materials. C. All terra cotta called unit tile in sizes of 6"x12" or under, regardless of method of installation, quarry tile 9"x9"x1 1/4" or less; split brick or quarry tile or similar material where the bed is floated or screeded and the joints grouted. Where the work is installed by tile layers, the grouting and cleaning shall be supervised by the mechanic. The bedding, jointing, and pointing of the above materials shall be the work of the craft installing the same. All clay products known as terra cotta tile, unit tile, ceramic veneer and machine-made terra cotta, and like materials in sizes 6"x12" and less regardless of the method of installation. Where the preponderance of materials to be installed comes within the provisions of this Section and when there is also some material in excess of the sizes provided for in this Section, the tile setter shall install all such materials. D. The preparation, setup, calibration, operation, cleaning, and routine maintenance of any mechanical devices or robotics used to install tile and related materials, or that otherwise assist the tile layer in performing any of the work described in Article II and Code 1 of the IU Constitution, as well as the preparation and ongoing maintenance of the work area to allow proper installation of tile and related materials. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 52 Craft: TRAFFIC BARRIER ERECTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Traffic Barrier ADD ZONE RATE In addition to LABORER rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $4.00 Zone 3 150 to 300 miles $5.00 Zone 4 300 miles and over $6.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between AGC and LIUNA Local 169 1. Distributing traffic control signs and markers along site in designated pattern; 2. Informing drivers of detour routes through construction sites; ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 53 Craft: Truck Driver (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Dump Trucks (Single or Multiple Units Including Semi's & Double Transfer Units), Dumpcretes and Bulk Cement Spreader) Under 4 yds. (water 4 yds. & under 8 yds. (water 8 yds. & under 18 yds. (water 18 yds. & under 25 yds. ( water level) 25 yds. & under 60 yds. (water 60 yds. & under 75 yds. (water level) 75 yds. & under 100 yds. (water level) 100 yds. & under 150 yds. (water level) 150 yds. & under 250 yds. (water level) 250 yds. & under 350 yds. (water level) 350 yds. & over (water 33.94 Transit Mix Under 8 Under 8 yrds & including 12 Over 12 Transit Mix (Using Boom) Transit mix with boom shall receive 16 cents per hour above the appropriate yardage classification rate of pay when such boom is Water & Jetting Trucks Up to 2,500 Up to 2,500 gallons & DW 20's & 21's & other similar Cat type, Terry Cobra LeTourneau pulls, Tournerocker, Euclid, & similar type equipment when pulling Aqua/Pak, Water Tank Trailers, & Fuel, and/or Grease Tank Trailer, or other miscellaneous Trailers, (except as defined under "Dump Trucks") Heavy Duty Transport (High Heavy Duty Transport(Gooseneck low Tiltbed or Flatbed Pull Trailers.. Bootman, Comb. Bootman & Road Flat Rack (2 or 3 axle Bus & Manhaul Drivers Up to 18,000 lbs. (single 18,000 lbs. and over Warehousemen Spotter Winch Truck & Frame Drivers Up to 18,000 lbs. 18,000 lbs. and Warehousemen Warehouse Tire Truck Pick Up Truck & Pilot Cars (Jobsite) Pick Up Truck & Pilot Cars (Over the road) Truck Oil Fuel Truck Fuel Man & Fuel Island Oil ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 54 Oil Tanker with TRUCK DRIVER Includes but is not limited to: Driving a tractor trailer combination or a truck to transport goods or materials at the site of a public work or between sites of a public work. (Also, see descriptions listed with Truck Driver rates, if any.) ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 55 Craft: WELL DRILLER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Well JOB DESCRIPTIONS 1. Setting, operating or tending to portable drilling rig machinery and related equipment to drill wells; 2. Extending stabilizing to support and level a drilling rig; 3. Installing water well pumps; 4. Drillings wells for industrial water supplies, irrigation water supplies or water supplies for any other purpose; dewatering or other similar purposes; exploration; hole drilling for geologic and hydrologic information; and core drilling for geologic information. ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 56 GROUP CLASSIFICATIONS Group 1 • All cleanup work of debris, grounds, and building including windows and tile • Dumpmen or Spotter (other than asphalt) • Handling and Servicing of Flares, Watchmen • General Laborer • Guideposts and Highway Signs • Guardrail Erection and Dismantling • Limber, Brushloader and Piler • Pavement Marking and Highway Striping • Traffic Barrier Erector • Tending to portable space heaters • Profilograph work all types manual, self propelled or carts • Gabion basket, building, handling, installation and rigging • Dry set paver work • Traffic Barrier Erector Group 2 • Choker setter or Rigger (clearing work only) Pittsburgh • Chipper and similar type brush shredders • Concrete worker (wet or dry) all concrete work not listed in Group 3 included but not limited to: concrete forms stripping, handling, cleaning, oiling and moving to the next point of installation. • Crusher or Grizzly Tender • Greasing Dowels • Guinea Chaser (Stakemen) • Panel Forms (wood or metal) handling, cleaning and stripping of Loading and unloading, (Carrying and handling of all rods and material for use in reinforcing concrete • Railroad Trackmen (maintenance, repair or builders) • Sloper • Semi-Skilled Wrecker (salvaging of building materials other than those listed in Group 3) • Waterproofing work • Epoxy rebar/dowels and anchoring dowel baskets • Placement pouring of concrete including any epoxy resin or similar materials, rodding, spreading and tamping concrete, brooming or brushing, hand application of curing compounds, applying topping (wet or dry) colors or grits, and exposed finishes for architectural work • Concrete patching, dry packing, chipping, stoning, and grouting • Concrete cold whether/rain protection and curing • Placement /anchoring of all earth stabilization/filters fabrics, • Mechanically stabilized Earth (MSE) and Keystone type retaining walls rigging, placing , aligning, backfilling and installation of dead men and any stablilization compenents Group 3 • Asphalt Workers (Ironers, Shovelers, Cutting Machine) • Buggymobile • Chainsaw, Faller, Logloader and Bucker ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 57 • Compactor (all types) • Concrete Mixer under 1/2 yard • Concrete Pan Work (Breadpan type), handling, cleaning\stripping • Concrete Saw, Chipping, Grinding, Sanding, Vibrator • Cribbing, Shoring, Lagging, Trench Jacking, Hand-Guided Lagging Hammer • Curbing or Divider machine • Curb Setter (precast or cut) • Ditching Machine (hand-guided) • Drillers Helper, Chuck Tender • Fence erector including safety, chain link, turtle, field and barbe wire fencing • Form Raiser, Slip Forms • Grouting of Concrete Walls, Windows and Door Jams • Headerboardmen • Jackhammer, Pavement Breaker, Air Spade • Mastic Worker (wet or dry) • Pipewrapper, Kettlemen, Potmen, and men applying asphalt, creosote and similar type materials • All Power Tools (air, gas, or electric), Post Driver • Riprap-Stonepaver and RockSlinger, including placing of sack concrete wet or dry Rototiller • Rigging and Signaling in connection with Laborers' work • Sandblaster, Potmen, Gunmen or Nozzlemen water blasting not covered in group 5A • Vibra-screed • All demolition and wrecking work including but not limited t any torch work cutting, burning, plasma are, dust control, and salvaging (removing and salvaging of all materials, windows, doors, plumbing, and electrical fixtures) and use of customary tools and equipment for demolition and wrecking • All underpinning foundation work, digging and underpinning pits, removal of debris with tuggers or other methods, cutting, handling and installing all shoring boards and lagging boards used for underpinning and foundation work, placement and tying of steel reinforcing for underpinning piers, all tiebacks and soil nail work drilling and grouting, all soldier beam work and us of customary tools and equipment for underpinning foundation work Group 3A • Concrete Specialist • Setting screeds • Screed pins • Curb forms and curb and gutter forms, • Using Darby and push floats, • Hand trowels or hand floating • Marking edging • Using base cove or step tools • Spreading and finishing gypsum • Concrete grinding machines (the terms does not include Rotomill machines for highway overlay grinding) • Troweling machines, • Floating machines • Finishing of epoxy or resin materials, • Operation of skill saw • Laser Screed ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 58 • Laser Level • Curb and Slipform machines, • Stamps or other means or texturing, • Any new devices which are beneficial to the construction of or with concrete or related products. Group 4 • Burning and Welding in connection with Laborers' work • Joy Drill Model TWM-2A, Gardner Denver Model DN143 and similar type drills (in accordance with Memorandum of Understanding between Laborers and Operating Engineers dated at Miami, Florida, Feb. 3, 1954) and Track Drillers, Diamond Core Drillers, Wagon Drillers, Mechanical Drillers on Multiple Units • High scalers including but not limited to laying, anchoring, pinning, cabling and stretching of any rock fall netting, mesh or wire fabric and use of customary tools and equipment for high scaling • Concrete pump operator • Heavy Duty Vibrator with Stinger 5" diameter or over • Pipelayer, Caulker and Bander • Pipelayer-waterline, Sewerline, Gasoline, Conduit and all other types of composition for any purpose buried under ground outside of building including, stringing, trench shoring, backfilling sanding, caution taping, all walk behind equipment and spotting • Laborer work in connection with micro tunneling, directional drilling and pipe-jacking • Cathodic protection, grounding for pipe work • Cleaning of Utility Lines • Slip Lining of Utility Lines (including operation of Equipment) • TV Monitoring and Grouting of Utility Lines • Asphalt Rakers and Asphalt dump Man • All mechanical and pressurized pipe work, including the installation of pipe above and below ground, cathodic protection, bolt up, and support installation in connection to water conveyance, c Group 4A • Foreman Group 5 • Construction Specialists • Blasters and Powdermen, all work of loading, placing, and blasting of all powder and explosives of any type, regardless of method used for such loading and placing Asbestos removal • Lead abatement • Hazardous waste • Material removal Group 5A • Pavement Marking and Highway Striping • Pavement Marking and Highway Striping Foreman • Pavement Marking and Highway Striping work includes but is not limited to: All work by any method preformed in connection with the permanent or temporary application and installation of pavement marking of any kind, brand, type or style on parking lots, airfields, highways, ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 59 streets and other such surfaces and all work performed in connection with removal of pavement. Group 6 • Gunite Foremen, Nozzlemen, Rodmen, Gunmen, Materialmen, Reboundmen • Tunnel and shaft workers/miners and use of customary tools and equipment for tunnel and mine work All worked performed in a compressed air tunnel shaft or chamber including the use of hand, power tools or equipment as necessary in connection with compressed air work ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 60 OPERATING ENGINEER, includes but is not limited to: Group 1 • Engineer Assistant Group 1A • Heavy Duty Repairman Helper • Oiler • Parts man Group 2 • Compressor Operator • Material Loader and/or Conveyor Operator (handling building materials) • Pump Operator Group 3 • Bobcat or similar loader, 1/4 cu. yd. or less • Concrete Curing Machines (streets, highways, airports, canals) • Conveyor Belt Operator (tunnel) • Forklift (under 20) • Engineer Generating Plant (500 K.W.) • Mixer Box Operator (concrete plant) • Motorman • Rotomist Operator • Oiler (truck crane) Group 4 • Concrete Mixer Operator, Skip type • Dinky Operator • Forklift (20' or over) or Lumber Stacker • Ross Carrier • Skip Loader Operator (under one cu. yd.) • Tie Spacer Group 5 • Concrete Mixers (over one cu. yd.) • Concrete Pumps or Pumpcrete Guns • Elevator and Material Hoist (one drum) • Groundman for Asphalt Milling and similar Group 6 • Auger type drilling equipment up to and including 30 ft. depth digging capacity M.R.C. • Boom Truck or Dual-Purpose a-Frame Truck • B.L.H. Lima Road Pactor or similar • Chip Box Spreader (Flaherty type or similar) • Concrete Batch Plant (wet or dry) • Concrete Saws (highways, streets, airports, canals) • Locomotives (over thirty (30) tons) • Maginnis International Full Slab Vibrator (airports, highways, canals and warehouses) • Mechanical Finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types) ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 61 • Mechanical Burn, Curb and/or Curb and Gutter Machine (concrete or asphalt) • Pavement Breaker, Truck Mounted, with compressor combination • Pavement Breaker or Tamper (with or without compressor combination) • Power Jumbo Operator (setting slip-forms, etc., in tunnels) • Roller Operator (except asphalt) • Self-Propelled Tape Machine • Self-Propelled Compactor (single engine) • Self-Propelled Power Sweeper Operator • Slip-Form Pump (power-driven by hydraulic, electric, air, gas, etc. lifting device for concrete forms) • Small Rubber-Tired Tractors • Snooper Crane, Paxton-Mitchell or similar • Stationary Pipe Wrapping, Cleaning and Bending Machine Operator Group 7 • Auger type drilling equipment over 30 ft. depth digging capacity M.R.C. • Compressor (over 2) • Concrete Conveyor or Concrete Pump, truck or equipment mounted (any assistance required shall be performed by an Assistant to Engineer) Boom length to apply Concrete Conveyor, Building Site • Drilling and Boring Machine, vertical and horizontal (not to apply to waterliners, wagon drills or jack hammers) • Crusher Plant Engineer • Generators • Kolman Loader • Material Hoist (two or more drums) • Mine or Shaft Hoist • Pipe Bending Machines (pipeline only) • Pipe Cleaning Machines (tractor-propelled and supported) • Pipe Wrapping Machines (tractor-propelled and supported) • Portable Crushing and Screening Plants • Post Driller And/Or Driver • Pumps (over 2) • Screedman (except asphaltic or concrete paving) • Self-Propelled Boom-Type Lifting Device (center mount) (on ten (10) ton capacity or less) • Slusher Operator • Surface Heater and Planer Operator • Trenching Machine (maximum digging capacity three ft. depth) (Any assistance in the operation, if needed, shall be performed by an Assistant to Engineer) • Truck-Type Loader • Welding Machines (gasoline or diesel) Group 8 • Asphalt Plant Engineer • Asphalt Milling Machine • Cast-In-Place Pipe-Laying Machine • Combination Slusher and Motor Operator • Concrete Batch Plant (multiple units) • Dozer Operator ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 62 • Drill Doctor • Elevating Grader Operator • Grooving and Grinding Machine (highways) • Ken Seal Operator • Loader (up to and including two and one-half (2 1/2) cu. yds) • Mechanical Trench Shield • Mechanical Finishers or Spreader Machine (asphalt, Barber-Greene or similar) • Mixermobile • Push Cats • Road Oil Mixing Machine Operator Wood-Mixer (and other similar Pugmill equipment) • Roller Operator (asphalt) • Rubber-Tired Earthmoving Equipment (up to and including thirty-five (35) cu. yds. "struck " M.R.C., Euclids, T-Pulls, DW10, 20, 21 and similar) • Screedman (Barber-Greene and similar) (asphaltic or concrete paving) • Self-Propelled Compactors with Dozer; Hyster 450, Cat 825 or similar • Sheepfoot • Small Tractor (with boom) • Soil Stabilizer (P & H or equal) • Timber Skidder (rubber-tired) or similar equipment • Tractor-Drawn Scraper • Tractor Operator • Tractor-Mounted Compressor Drill Combination • Trenching Machine Operator (over three feet depth) • Tri-Batch Paver • Tunnel Badger or Tunnel Boring Machine Operator • Tunnel Mole Boring Machine • Vermeer T-600b Rock Cutter Group 9 • Chicago Boom • Combination Backhoe and Loader (up to and including 3/8 cu. yd.) • Combination Mixer and Compressor (gunite) • Heavy Duty Repairman and/or Welder • Lull Hi-Lift (twenty (20) feet or over) • Mucking Machine • Sub-Grader (Gurries or other types) • Tractor (with Boom) (D6 or larger) • Track-Laying-Type Earthmoving Machine (single engine with tandem scrapers) Group 10 • Boom-Type Backfilling Machine • Bridge Crane • Cary-Lift or similar • Chemical Grouting Machine • Derricks (two Group 10 Operators required when swing engine remote from hoist) • Derrick Barges (except excavation work) • Euclid Loader and similar types • Heavy Duty Rotary Drill Rigs • Lift-Slab (Vagtborg and similar types) ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 63 • Loader (over two and one-half (2 1/2 cu. yds. up to and including four cu. yds.) • Locomotive (over one hundred (100) tons, single or multiple units) • Multiple-Engine Earthmoving Machines (Euclid Dozers, etc.) • Pre-Stress Wire Wrapping Machine • Rubber-Tired Scraper, Self-Loading • Single-Engine Scraper (over thirty-five (35) cu. yds.) • Shuttle Car (Reclaim Station) • Train Loading Station • Trenching Machine multi-engine with sloping attachments (Jefco or similar) • Vacuum Cooling Plant • Whirley Crane (up to and including twenty-five (25) tons) Group 10A • Backhoe-Hydraulic (up to and including one cu. yd.) • Backhoe (up to and including one cu. yd.) (Cable) • CMI Dual Lane Auto-Grader SP30 or similar type • Cranes (not over twenty-five (25) tons) (hammerhead and gantry) • Finish Blade • Gradalls (up to and including one cu. yd.) • Motor Patrol Operator • Power Shovels, Clamshells, Draglines, Cranes (up to and including one cu. yd.) • Rubber-Tired Scraper, Self-Loading (twin engine) • Self-Propelled Boom-Type Lifting Device, center mount (over 10 tons up to and including 25 tons) Group 11 • Automatic Asphalt or Concrete Slip-Form Paver • Automatic Railroad Car Dumper • Canal Trimmer • Cary Lift, Campbell or similar type • Cranes (over twenty-five (25) tons) • Euclid Loader when controlled from the Pullcat • Gradesetter, Grade Checker • Highline Cableway Operator • Loader (over four cu. yds. up to and including twelve (12) cu. yds.) • Multi-Engine Earthmoving Equipment (up to and including seventy-five (75) cu. yds. struck m.r.c.) • Multi-Engine Scrapers (when used to Push Pull) • Power Shovels, Clamshells, Draglines, Backhoes Gradalls (over one cu. yd. and up to and including seven cu. yds. m.r.c.) • Self-Propelled Boom-Type Lifting Device (center mount) (over 25 tons m.r.c.) • Self-Propelled Compactor (with multiple-propulsion power units) • Single-Engine Rubber-Tired Earthmoving Machine, with Tandem Scraper • Slip-Form Paver (concrete or asphalt) • Tandem Cats and Scraper • Tower Crane Mobile (including Rail Mount) • Truck Mounted Hydraulic Crane when remote control equipped (over 10 tons up to and including 25 tons) • Universal Liebher and Tower Cranes (and similar types) ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 64 • Wheel Excavator (up to and including seven hundred fifty (750) cu. yds. per hour) • Whirley Cranes (over twenty-five (25) tons) Group 11A • Band Wagons (in conjunction with Wheel Excavators) • Operator of Helicopter) when used in construction work) • Loader (over twelve (12) cu. yds.) • Multi-Engine Earthmoving Equipment (over seventy-five (75) cu. yds. "struck” m.r.c.) • Power Shovels. Clamshells, Draglines, Backhoes, and Gradalls (over seven 7 cu. yds. m.r.c.) • Remote-Controlled Earth Moving Equipment • Wheel Excavator (over seven hundred fifty (750) cu. yds. per hour) Group 11B • Holland Loader or similar or Loader (over 18 cu. yds.) OPERATING ENGINEERS - Steel Fabricator & Erector Group 1 • Cranes over 100 tons • Derrick over 100 tons • Self-Propelled Boom Type Lifting Devices over 100 tons Group 2 • Cranes over 45 tons up to and including 100 tons • Derrick, 100 tons and under • Self-Propelled Boom Type Lifting Device, over 45 tons • Tower Crane Group 3 • Cranes, 45 tons and under • Self-Propelled Boom Type Lifting Device, 45 tons and under Group 4 • Chicago Boom • Forklift, 10 tons and over • Heavy Duty Repairman/Welder Group 5 • Boom Cat OPERATING ENGINEER -PILEDRIVER Group 1 • Derrick Barge Pedestal mounted over 100 tons • Clamshells over 7 cu. yds. • Self-Propelled Boom Type Lifting Device, over 100 tons • Truck Crane or Crawler, land or barge mounted over 100 tons Group 2 ---PAGE BREAK--- 2021-2022 Prevailing Wage Rates- Northern Nevada Rural Region Page 65 • Derrick Barge Pedestal mounted 45 tons up to and including 100 tons • Clamshells up to and including 7 cu. yds. • Self-Propelled Boom Type Lifting Device over 45 tons • Truck Crane or Crawler, land or barge mounted, over 45 tons up to and including 100 tons Group 3 • Derrick Barge Pedestal mounted under 45 tons • Self-Propelled Boom Type Lifting Device 45 tons and under • Skid/Scow Piledriver, any tonnage • Truck Crane or Crawler, land or barge mounted 45 tons and under Group 4 • Assistant Operator in lieu of Assistant to Engineer • Forklift, 10 tons and over • Heavy Duty Repairman/Welder Group 5 No current classification Group 6 • Deck Engineer Group 7 No current classification Group 8 • Deckhand • Fireman ---PAGE BREAK--- EJCDC® C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date: Owner: Town of Minden Owner’s Contract No.: WTR2022-01 Contractor: Contractor’s Project No.: Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement Contractor is directed to proceed with the following change(s): Description: Attachments: [List documents supporting change] Purpose for Work Change Directive: Directive to proceed with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: Non-agreement on pricing of proposed change. Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: Lump Sum Unit Price Cost of the Work Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: Approved by Funding Agency (if applicable) By: Date: Title: ---PAGE BREAK--- EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No. Date of Issuance: Effective Date: Owner: Town of Minden Owner's Contract No.: WTR2022-01 Contractor: Contractor’s Project No.: Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title Title Date: Date Date Approved by Funding Agency (if applicable) By: Date: Title: ---PAGE BREAK--- EJCDC® C-942, Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Field Order No. Date of Issuance: Effective Date: Owner: Town of Minden Owner’s Contract No.: WTR2022-01 Contractor: Contractor’s Project No.: Engineer: Farr West Engineering Engineer's Project No.: 2158 Project: 2022 Waterline Replacement Contract Name: 2022 Waterline Replacement Contractor is hereby directed to execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s) / Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: Engineer (Authorized Signature) Contractor (Authorized Signature) Title: Title: Date: Date: Copy to: Owner ---PAGE BREAK--- ---PAGE BREAK--- Declaraci6n de polftica de no discriminaci6n Es la polftica de The Town of Minden que ninguna persona par motivos de raza, color, origen nacional, sexo, discapacidad o edad, sera excluida de participar, negarsele los beneficios o ser objeto de discriminaci6n en ningun funcionamiento de la Ciudad de Minden segun lo dispuesto por el Tftulo VI de la Ley de Derechos Civiles de 1964 y estatutos relacionados. Esta polftica se aplica a todas las operaciones de la ciudad de Minden, incluidos sus contratistas y cualquier persona que actue en nombre de la ciudad de Minden. Esta polftica tambien se aplica a las operaciones de cualquier departamento o agenda a la que el Pueblo de Minden extiende asistencia financiera federal. La asistencia financiera federal incluye subvenciones, capacitaci6n, uso de equipo, donaciones de bienes excedentes y otra asistencia. La discriminaci6n prohibida puede ser intencional o no intencional. Los actos aparentemente neutrales que tienen impactos dispares sabre los individuos de un grupo protegido y carecen de una justificaci6n legftima sustancial son una forma de discriminaci6n prohibida. El acoso y las represalias tambien son formas prohibidas de discriminaci6n. Ejemplos de tipos prohibidos de discriminaci6n por motivos de raza, color, nacionalidad, sexo, discapacidad o edad incluyen: Negaci6n a un individuo de cualquier servicio, ayuda financiera u otro beneficio; Distinciones en la calidad, cantidad o forma en que se proporciona un beneficio; Segregaci6n o tratamiento separado; Restricci6n en el disfrute de cualquier ventaja, privilegio u otros beneficios proporcionados; Discriminaci6n en cualquier actividad relacionada con carreteras e infraestructura o instalaci6n construida o reparada; y Discriminaci6n en el empleo. El cumplimiento del Tftulo VI es una condici6n para recibir fondos federales. El Coordinador del Tftulo VI esta autorizado para garantizar el cumplimiento de esta polftica, el Tftulo VI de la Ley de Derechos Civiles de 1964, 42 U.S.C § 2000d y estatutos relacionados, y los requisitos del 23 C6digo de Regulaci6n Federal (CFR) pt. 200 y 49 CFR pt. 21. 5· (o - Z.u2.I Date ---PAGE BREAK--- Your Rights Against Discrimination under Title VI of the Civil Rights Act of 1964 The Town of Minden operates its programs and services without regard to race, color, national origin, sex, age, and disability. Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Town of Minden program or activity because of their race, color, national origin, age, sex, or disability may file a discrimination complaint with the Town of Minden or the Nevada Department of Transportation. To file a Title VI discrimination complaint, contact: Town of Minden c/o Administrative Services Manager 1604 Esmeralda Ave, Ste 101 Minden, NV 89423 (775) 782‐5976 [EMAIL REDACTED] Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas NV 89102 (702) 730‐3301 (702) 486‐0487 fax [EMAIL REDACTED] Sus derechos contra la discriminación bajo el Título VI de la Ley de Derechos Civiles de 1964 La ciudad de Minden opera sus programas y servicios sin distinción de raza, color, nacionalidad, sexo, edad y discapacidad. Cualquiera que crea que ha sido excluido de la participación, se le han negado los beneficios o ha sido objeto de discriminación bajo cualquier programa o actividad de Town of Minden debido a su raza, color, nacionalidad, edad, sexo o discapacidad puede presentar una queja por discriminación con la ciudad de Minden o el Departamento de Transporte de Nevada. Para presentar una queja de discriminación del Título VI, comuníquese con: Town of Minden c/o Administrative Services Manager 1604 Esmeralda Ave, Ste 101 Minden, NV 89423 (775) 782‐5976 [EMAIL REDACTED] Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas, NV 89102 (702) 730‐3301 (702) 486‐0487 fax [EMAIL REDACTED] ---PAGE BREAK--- Town of Minden Title VI Complaint Procedures The Town of Minden will ensure that all complaints received by individuals are properly routed to the appropriate agency. Investigation of these complaints will not be done by the Town, but by either NDOT or the Federal Highway Administration. Discrimination Complaint Procedure for the Town of Minden Federal law prohibits discrimination on the basis of race, color, or national origin in any Town of Minden program or activity. This prohibition applies to all branches of the Town of Minden, its contractors, consultants, and anyone else who acts on behalf of the Town of Minden. Federal law requires that the Town of Minden investigate, track, and report discrimination complaints. Complaints must be filed in writing and will be investigated within sixty (60) days of submission. If you need assistance to file your complaint or need interpretation services, please contact the Town’s Administrative Services Manager. Who is eligible to file a complaint? Anyone who believes they have been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Town of Minden program or activity because of their race, color, or national origin may file a complaint. Discrimination includes lack of access, harassment, retaliation and disparate impacts from a program or activity. Harassment includes a wide range of abusive and humiliating verbal or physical behaviors. Retaliation includes intimidating, threatening, coercing, or engaging in other discriminatory conduct against anyone because they filed a complaint or otherwise participated in a discrimination investigation. How do you file a complaint? Complaint information and forms are available online at http://www.townofminden.com/2221/Town- of-Minden-Title-VI-Policy Complaints must be filed in writing within 180 days from the last date of the alleged discrimination. However, contact the Town of Minden Administrative Services Manager if you believe your complaint may fall outside this deadline. Reasonable efforts will be made to assist persons with disabilities, non-English speakers, and others unable to file a written complaint. For assistance in filing a complaint, please contact Rachel Hamer, the Town of Minden Administrative Services Manager. Complaints may be submitted via mail, email, fax or in person to: ---PAGE BREAK--- The Town of Minden c/o Rachel Hamer 1604 Esmeralda Ave, suite 101 Minden, NV 89423 Phone: (775) 782-5976 Fax: (775) 782-5287 Office email: [EMAIL REDACTED] Complaints may also be filed directly with the following agencies: Civil Rights Officer Nevada Department of Transportation 3014 W. Charleston Blvd., Ste. 150 Las Vegas, NV 89102 Phone: (702) 730-3301 Fax: (702) 486-0487 [EMAIL REDACTED] US Department of Transportation, Federal Highway Administration, Nevada Division 705 N. Plaza Street #220, Ste. 220, Carson City, NV 89701 Phone: (775) 687-1204 Fax: (775) 687-3803 Office email: [EMAIL REDACTED] What happens after a complaint is filed? Title VI complaints must be investigated within sixty (60) days. If the complaint is received by the Town of Minden, the Administrative Services Manager will forward the complaint to Nevada Department of Transportation or the Federal Highway Administration. If your complaint is forwarded to one of these agencies, you will be provided the name and contact information of the employee handling your complaint. Investigating a complaint includes interviewing all parties involved and key witnesses. The investigator may also request relevant information such as books, records, electronic information, and other sources of information from all involved parties. You may specify if there is a particular individual or individuals that you feel should not investigate your complaint due to conflict of interest or other reasons. Federal law prohibits retaliation against individuals because they have filed a discrimination complaint or otherwise participated in a discrimination investigation. Any alleged retaliation should be reported in writing to the investigator. ---PAGE BREAK--- Procedimientos de queja del Título VI La Ciudad de Minden se asegurará de que todas las quejas recibidas por los individuos se envíen correctamente a la agencia correspondiente. La investigación de estas quejas no será realizada por la Ciudad, sino por NDOT o la Administración Federal de Carreteras. Procedimiento de queja por discriminación para la Ciudad de Minden La ley federal prohíbe la discriminación por motivos de raza, color, origen nacional en cualquier programa o actividad de Ciudad de Minden. Esta prohibición se aplica a todas las sucursales de la Ciudad de Minden, sus contratistas, o consultores y cualquier otra persona que actúe en nombre de la Ciudad de Minden. La ley federal requiere que la Ciudad de Minden investigue, rastree y reporte quejas de discriminación. Las quejas deben presentarse por escrito y se investigarán dentro de los sesenta (60) días posteriores a la presentación. Si necesita ayuda para presentar su queja o necesita servicios de interpretación, por favor contacte el Gerente de Servicios Administrativos de las Ciudades. ¿Quién es elegible para presentar una queja? Cualquier persona que crea que ha sido excluido de participar, que se le negaron los beneficios o que de alguna otra manera fue objeto de discriminación en virtud de cualquier programa o actividad de Ciudad de Minden debido a su raza, color, o origen nacional puede presentar una queja. La discriminación incluye falta de acceso, acoso, represalias e impactos dispares de un programa o actividad. El acoso incluye una amplia gama de comportamientos verbales o físicos abusivos y humillantes. Las represalias incluyen intimidar, amenazar, coaccionar o participar en otra conducta discriminatoria contra alguien porque presentaron una queja o participaron en una investigación de discriminación. ¿Cómo presentar una queja? Las quejas deben presentarse por escrito dentro de los 180 días a partir de la última fecha de la supuesta discriminación. Sin embargo, comuníquese con el Gerente de Servicios Administrativos de la Ciudad de Minden si cree que su queja puede estar fuera de este plazo. Se harán esfuerzos razonables para ayudar a las personas con discapacidades, personas que no hablan inglés y otras personas que no puedan presentar una queja por escrito. Para obtener ayuda para presentar una queja, comuníquese con el Gerente de Servicios Administrativos de la Ciudad de Minden. Las quejas pueden enviarse por correo, correo electrónico, fax o en persona a: The Town of Minden c/o Rachel Hamer 1604 Esmeralda Ave, suite 101 Minden, NV 89423 Teléfono: (775) 782-5976 Fax: (775) 782-5287 Correo electrónico de la oficina: [EMAIL REDACTED] ---PAGE BREAK--- Las quejas también pueden presentarse directamente ante las siguientes agencias: Oficial de derechos civiles Departamento de transporte de Nevada 3014 W. Charleston Blvd., Ste. 150 Las Vegas NV 89102 Teléfono: (702) 730-3301 Fax: (702) 486-0487 fax [EMAIL REDACTED] Departamento de Transporte de los Estados Unidos, Administración Federal de Carreteras, División de Nevada 705 N. Plaza Street # 220, Ste. 220, Carson City, NV 89701 Teléfono: (775) 687-1204 Fax: (775) 687-3803 Correo electrónico de la oficina: [EMAIL REDACTED] ¿Qué sucede después de que se presenta una queja? Las quejas del Título VI deben investigarse dentro de sesenta (60) días. Si la Ciudad de Minden recibe la queja, el Gerente de Servicios Administrativos la enviará al Departamento de Transporte de Nevada o la Administración Federal de Carreteras. Si su queja se envía a una de estas agencias, se le proporcionará el nombre y la información de contacto del empleado que maneja su queja. Investigar una queja incluye entrevistar a todas las partes involucradas y testigos clave. El investigador también puede solicitar información relevante como libros, registros, información electrónica y otras fuentes de información de todas las partes involucradas. Puede especificar si hay una persona o personas en particular que considera que no deberían investigar su queja debido a un conflicto de intereses u otras razones. La ley federal prohíbe las represalias contra las personas porque han presentado una queja de discriminación o de otra manera participaron en una investigación de discriminación. Cualquier presunta represalia se debe informar por escrito al investigador. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i SECTION 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – Definitions and 1.01 Defined Terms 1.02 ARTICLE 2 – Preliminary 2.01 Delivery of Bonds and Evidence of 2.02 Copies of 2.03 Before Starting Construction 2.04 Preconstruction Conference; Designation of Authorized 2.05 Initial Acceptance of 2.06 Electronic Transmittals ARTICLE 3 – Documents: Intent, Requirements, 3.01 Intent 3.02 Reference 3.03 Reporting and Resolving Discrepancies 3.04 Requirements of the Contract Documents 3.05 Reuse of Documents ARTICLE 4 – Commencement and Progress of the 4.01 Commencement of Contract Times; Notice to 4.02 Starting the 4.03 Reference Points 4.04 Progress Schedule 4.05 Delays in Contractor’s ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental 5.01 Availability of Lands 5.02 Use of Site and Other 5.03 Subsurface and Physical 5.04 Differing Subsurface or Physical Conditions 5.05 Underground 5.06 Hazardous Environmental Conditions at ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 6 – Bonds and 6.01 Performance, Payment, and Other 6.02 Insurance – General Provisions 6.03 Contractor’s 6.04 Owner’s Liability Insurance 6.05 Property Insurance 6.06 Waiver of 6.07 Receipt and Application of Property Insurance ARTICLE 7 – Contractor’s 7.01 Supervision and 7.02 Labor; Working 7.03 Services, Materials, and 7.04 “Or 7.05 7.06 Concerning Subcontractors, Suppliers, and Others 7.07 Patent Fees and Royalties 7.08 Permits 7.09 7.10 Laws and 7.11 Record 7.12 Safety and Protection 7.13 Safety 7.14 Hazard Communication 7.15 7.16 Shop Drawings, Samples, and Other Submittals 7.17 Contractor’s General Warranty and 7.18 7.19 Delegation of Professional Design ARTICLE 8 – Other Work at the Site 8.01 Other Work 8.02 Coordination 8.03 Legal ARTICLE 9 – Owner’s Responsibilities 9.01 Communications to 9.02 Replacement of ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 9.03 Furnish 9.04 Pay When Due 9.05 Lands and Easements; Reports, Tests, and 9.06 9.07 Change Orders 9.08 Inspections, Tests, and Approvals 9.09 Limitations on Owner’s 9.10 Undisclosed Hazardous Environmental 9.11 Evidence of Financial 9.12 Safety ARTICLE 10 – Engineer’s Status During 10.01 Owner’s 10.02 Visits to 10.03 Project Representative 10.04 Rejecting Defective 10.05 Shop Drawings, Change Orders and Payments 10.06 Determinations for Unit Price 10.07 Decisions on Requirements of Contract Documents and Acceptability of 10.08 Limitations on Engineer’s Authority and 10.09 Compliance with Safety Program ARTICLE 11 – Amending the Contract Documents; Changes in the 11.01 Amending and Supplementing Contract 11.02 Owner-Authorized Changes in the Work 11.03 Unauthorized Changes in the 11.04 Change of Contract 11.05 Change of Contract Times 11.06 Change 11.07 Execution of Change 11.08 Notification to ARTICLE 12 – Claims 12.01 Claims ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work 13.01 Cost of the 13.02 13.03 Unit Price Work ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective 14.01 Access to 14.02 Tests, Inspections, and Approvals 14.03 Defective 14.04 Acceptance of Defective 14.05 Uncovering 14.06 Owner May Stop the 14.07 Owner May Correct Defective ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction 15.01 Progress Payments 15.02 Contractor’s Warranty of 15.03 Substantial 15.04 Partial Use or 15.05 Final 15.06 Final Payment 15.07 Waiver of Claims 15.08 Correction ARTICLE 16 – Suspension of Work and Termination 16.01 Owner May Suspend 16.02 Owner May Terminate for Cause 16.03 Owner May Terminate For 16.04 Contractor May Stop Work or ARTICLE 17 – Final Resolution of 17.01 Methods and ARTICLE 18 – 18.01 Giving 18.02 Computation of Times 18.03 Cumulative Remedies 18.04 Limitation of Damages 18.05 No 18.06 Survival of 18.07 Controlling 18.08 Headings ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 61 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 61 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; the Clean Water Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§7401 et seq.; or any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: achieve Milestones, if any; achieve Substantial Completion; and complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 61 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 61 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 61 “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 61 B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 61 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 61 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and any applicable Law or Regulation, actual field conditions, any standard specification, manual, reference standard, or code, or any instruction of any Supplier, then Contractor shall report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 61 a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve the performance or acceptability of the Work under the Contract Documents, the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters, then Engineer will give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 61 after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 61 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for damage to the Site; damage to any such other adjacent areas used for Contractor’s operations; damage to any other adjacent land or areas; and for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 61 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 61 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. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 61 b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, after becoming ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 61 aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 61 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: secure or otherwise isolate such condition; stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and notify Owner and Engineer (and thereafter confirm such notice in writing). Owner shall consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 61 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 61 year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance – General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 61 certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 61 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 61 H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 61 such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; spare parts inventory required within the scope of the Contract; and temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 61 B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 61 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 61 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 “Or Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 61 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or- equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 61 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 61 B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 61 applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 61 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 61 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 61 Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 61 C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 61 may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 61 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 61 Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and 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. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 61 regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall furnish the data required of Owner under the Contract Documents. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 61 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 61 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 61 not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve the performance or acceptability of the Work, the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 61 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall proceed with the Work involved; or, in the case of a deletion in the Work, cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 61 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 61 requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: ordered by Owner pursuant to Paragraph 11.02, required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 61 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 61 E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 61 discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 61 i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 61 D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 61 by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 61 F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 61 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 61 Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 61 c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 61 g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of all Liens and other title defects, and all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 61 therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 61 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 61 and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 61 C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 61 D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 61 B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are ---PAGE BREAK--- EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 61 otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. ---PAGE BREAK--- EXHIBIT A Supplementary Conditions Exhibit A - Supplementary Conditions ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page i of ii EXHIBIT A Supplementary Conditions Table of Contents ARTICLE 1 DEFINITIONS AND SC-1.01 DEFINED ARTICLE 2 PRELIMINARY SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE SC-2.02 COPIES OF SC-2.03 BEFORE STARTING ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, SC-3.03 REPORTING AND RESOLVING DISCREPANCIES ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.06 HAZARDOUS ENVITONMENTAL CONDITONS AT ARTICLE 6 BONDS AND INSURANCE. SC-6.02 INSURANCE – GENERAL SC-6.03 CONTRACTOR’S SC-6.06 WAIVER OF SC-6.07 RECEIPT AND APPLICATION OF INSURANCE SC-6.08 DEDUCTIBLES AND SELF-INSURED SC-6.09 OTHER INSURANCE ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES SC-7.02 LABOR; WORKING SC-7.03 SERVICES, MATERIALS AND EQUIPMENT SC-7.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND SC-7.12 SAFETY AND PROTECTION SC-7.16 SHOP DRAWINGS, SAMPLES, AND OTHER SUBMITTALS SC-7.18 SC-7.21 ARTICLE 8 OTHER WORK AT THE SC-8.04 CLAIMS BETWEEN ARTICLE 9 – OWNER’S RESPONSIBILITIES ARTICLE 10 ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 PROJECT ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 18 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page ii of ii SC-11.04 CHANGE OF CONTRACT ARTICLE 13 COST OF THE WORK; ALLOWANCES; UNIT PRICE SC-13.01 COST OF THE ARTICLE 15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 PROGRESS SC-15.06 FINAL PAYMENT ARTICLE 16 SUSPENSION OF WORK AND TERMINATION SC-16.01 OWNER MAY SUSPEND SC-16.03 OWNER MAY TERMINATE FOR CONVENIENCE SC-16.04 CONTRACTOR MAY STOP WORK OR ARTICLE 17 – FINAL RESOLUTION OF SC-17.01 METHODS AND SC-17.02 ARTICLE 18 – SC-18.09 ACCESS TO ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 1 of 23 EXHIBIT A Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (Engineer’s Joint Contract Documents Committee No. C-700, 2013 Edition), and other provisions of the Contract documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms 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 terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. Agency: The legal entity that has contracted for the performance of the Work or for whom the Work is being performed. Backfill: Material placed in an excavated space to fill such space. Base Course: The upper course of the granular base of a pavement structure, immediately below the pavement or the lower course of an asphalt concrete pavement structure. Building Code: A regulation adopted by the governing body establishing minimum standards of construction for the protection of the public health, safety and welfare in terms of measured performance rather than in terms of rigid specifications of materials and methods. Calendar Day: Every day shown on the calendar. Completion Time: The number of calendar days for completion of an act, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of calendar days, the Contract shall be completed by that date. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded. Construction Project: The erection, installation, remodeling, alteration of durable facilities upon, under, or over the ground. This shall include, but is not limited to buildings, roadways and utility pipes, lines, poles or other structures. Culvert: Any structure not classified as a bridge, which provides an opening under or adjacent to the roadway. Days: Unless otherwise designated, days will be understood to mean calendar days. Emergency: Unforeseen occurrences and combinations of circumstances involving the public welfare or the protection of work already done under the Contract Documents, or which endanger life or property and call for immediate action or remedy. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 2 of 23 Equipment: (Construction) – All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of work. (Installed) – All material or articles used in equipping a facility as furnishings or apparatus to fulfill a functional design. Extra Work: An item of work not provided for in the Contract as awarded but found essential to the satisfactory completion of the Contract within its intended scope. Field Representatives: The Owner’s or Engineer’s authorized representative assigned to make detailed inspections of contract performance. Laboratory: The established materials testing laboratory of the Contracting Agency’s Engineering Department, or other laboratories acceptable to and/or authorized by the Owner or Engineer to test materials and work involved in the Contract. Major Item: Any item or work and/or materials having an original contract value which exceeds ten percent of the amount of the original Contract. Non-pay Item: An item or work for which no separate payment will be made under the proposal, but which must be included as an incidental cost for payment on an associated item included in the Proposal. Pavement: Any surfacing of streets, alleys, sidewalks, courts, driveways, etc., consisting of mineral aggregate bound into a rigid or semi-rigid mass by a suitable binder such as, but not limited to, Portland cement or asphalt cement. Pavement Structure: The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. Pay Item: A detail of work for which separate payments are to be made under the Contract, as specified in the Proposal. Plant: The Contractor’s and/or Subcontractor’s facilities, including but not limited to small tools and mobile equipment, located on and/or offsite, necessary for preparation of materials and prosecution of work for the project. Principal: The individual, firm or corporation primarily liable on an obligation, as distinguished from a surety. Profile Grade: The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal center line of the roadbed; invert of flow line of a pipe; or similar trace. Profile grade means either elevation or gradient of such trace according to the context. Proposal: The offer of a bidder, on the prescribed form, to perform the Work and to furnish the labor and materials at the prices quoted. Proposal Form: The approved form on which the Contracting Agency requires bids to be prepared and submitted for the Work. Proposal Guarantee: The security furnished with a bid to guarantee that the bidder will enter into the contract if his bid is accepted. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 3 of 23 Referenced Documents: On all work authorized by the Contracting Agency, any referenced documents in the Specification, Bulletins, Standards, Rules, Methods of Analysis or Test, Codes and Specifications of other Agencies, Engineering Societies or Industrial Associations) refer to the latest edition thereof, including Amendments, which are in effect and published at the time of Advertising for Bids or the issuing of a permit for the Work. Right-of-Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a street, highway or other public improvement. Road: A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. Sewage: Water borne wastes. Sewers: Conduits and related appurtenances employed to collect and carry off water and waste matter to a suitable point of final discharge. Storm Drain: Any conduit intended for the reception and transfer of storm water. Street: Streets, avenues, alleys, highways, crossings, lanes, intersections, courts, places, and grounds now open or dedicated or hereafter opened or dedicated to public use and public ways. Structures: Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, fences, swimming pools, and other features which may be encountered in the Work and not otherwise classed herein. Subbase: The lower course of the base of a roadway, immediately above the subgrade. Subgrade: The supporting structures on which the pavement and its special undercourses rest. Superintendent: The Contractor’s authorized representative responsible for the Work. Surface Course: The finish or wearing course of an asphalt concrete pavement structure. Title and Headings: The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation. Traveled Way: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Utility: Pipelines, conduits, ducts, transmission lines, overhead or underground wires, railroads, storm drains, sanitary sewers, irrigation facilities, street lighting, traffic signals, fire alarm systems, and appurtenances of public utilities and those of private industry, businesses, or individuals solely for their own use or use of their customers which are operated or maintained in, on, under, over or across public right-of-way or public or private easement. Working Day: A calendar day, exclusive of Saturdays, Sundays, and Contracting Agency recognized legal holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for the major part of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 4 of 23 Abbreviations: AASHTO American Association of State Highway and Transportation Officials (formerly AASHO) ACI American Concrete Institute AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWWA American Water Works Association FS Federal Specification MAX. Maximum MIN. Minimum NEC National Electrical Code NEMA National Electrical Manufacturer’s Association NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PS Product Standard Sch. Schedule Standard Specifications for Public Works Construction, “Orange Book” ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 5 of 23 ARTICLE 2 PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance Delete Paragraph 2.01.B in its entirety and insert the following in its place: B. Evidence of Contractor’s Insurance: Before any Work at the Site is started, Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which Owner or any additional insured may reasonably request) which Contractor is required to purchase and maintain in accordance with Article 6. 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 up to 3 printed or hard copies of the Drawings and Project Manual and one set in electronic format and 1 set of reduced size 11”x17” plans. Additional copies will be furnished upon request at the cost of reproduction. SC-2.05 Before Starting Construction Add the following new paragraph immediately after Paragraph 2.05.A.3: B. Schedule: The Contractor, in consultation with Owner and Engineer, will develop a schedule acceptable to the Owner to provide Contractor operation continuity during operations. This plan will address measures necessary to minimize interruptions and/or maintain optimum working conditions during construction. ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE SC-3.03 Reporting and Resolving Discrepancies Add the following new paragraph immediately after Paragraph 3.03.A.3: 4. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern over and Specifications will govern over both Drawings and The Contractor shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Engineer will be permitted to make such corrections and interpretations as may be deemed necessary to fulfill the intent of the Contract Documents. ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK SC 4.01.A Amend the last sentence of Paragraph 4.01.A by striking out the following words: In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. SC 4.05.C.2 Amend Paragraph 4.05.C.2 by striking out the following text: “abnormal weather conditions;” and inserting the following text: Abnormal Weather Conditions; ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 6 of 23 ARTICLE 5 BONDS AND INSURANCE SC-5.03 Subsurface and Physical Conditions Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following: A. No reports or drawings related to Subsurface and Physical Conditions at the Site are known to Owner. B. Not Used. SC-5.06 Hazardous Environmental Conditions at Site Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6 BONDS AND INSURANCE SC-6.02 Insurance – General Provisions Add the following new paragraph immediately after Paragraph 6.02.B: 1. Insurance is to be placed with insurers with a rating from the current issue of Best’s Key Rating Guide of no less than A-:VII. The carrier shall have a home office in the United States. Lloyd’s of London is the sole exception to the requirements of Best’s Rating, financial size and home office location. Add the following new paragraphs immediately after Paragraph 6.02.C: 1. Contractor agrees as a precondition to the performance of any Work under this Contract and as a precondition to any obligation of the Owner to make any payment under this contract to provide the Owner with a certificate of a qualified insurer under NRS 616B.627 (2001) certifying that the Contractor has complied with the provisions of chapters 616A to 616D of the NRS. Contractor also agrees, if applicable and before commencing any Work under the Contract, to complete and to provide the following written request to its insurer: (Company Name) has entered into a contract with (Owner) to perform work from (starting date) to (ending date) and requests that the Insurer provide to Owner 1) a certificate of coverage, and 2) notice of any lapse in coverage or nonpayment of coverage that the Contractor is required to maintain. The certificate and notice should be mailed to: Town of Minden 1604 Esmeralda Drive, Suite 101 Minden, NV 89423 Delete Paragraph 6.02.D in its entirety and insert the following in its place: D. Instructions for Completion of Certificates of Insurance. At the time of executing this Contract, deliver to the Town of Minden, a certificate of insurance evidencing coverage as specified. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 7 of 23 1. If having Commercial General Liability Coverage as provided under the 1986 Occurrence Form, use Standard Accord Certificate 25-S (3/93 Rev.) If having Comprehensive General Liability Coverage as provided under the 1973 Occurrence Form, use Standard Accord Certificate 25-N (3/93). Claims made coverage is not acceptable. 2. By separate endorsements the State of Nevada, show the Town of Minden to be an additional insured. Sign and attach the additional insured endorsement to the certificate. (It is understood that the certificates of worker’s compensation insurance issued by Employers’ Insurance Company of Nevada do not name additional insureds). 3. Sign and attach the waiver of subrogation endorsements to the certificate. 4. If the General Liability is provided on an aggregate limit per project, Form #CG2503(11/85) or CB2501(11/85), the Town of Minden shall waive the requirement that they be notified when limits have been impaired by more than 10% of the limits indicated. When the coverage is provided on an aggregate limit per project, attach a signed copy of the endorsement to the certificate. 5. Properly show the full legal operating names of the Contractor and insurance carrier on the certificate. 6. If the Contractor’s Liability Coverage contains a deductible, show the amount of the deductible on the certificate. If there is no deductible, state it. 7. Amend the cancellation section of the certificate is amended to read as follows: “Should any of the above described policies be canceled or materially changed before the expiration date thereof the issuing company will mail 30 days written notice to the certificate holder named to the left.” 8. All changes or alterations to the Certificate of Insurance as required by the State of Nevada shall be initialed by the authorized representative who signs the certificate. 9. The Certificate of Insurance must comply with all insurance requirements as set forth or the certificate will be rejected. SC-6.03 Contractor’s Insurance Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal Longshoreman’s): Statutory c. Employer’s Liability: $1,000,000 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 8 of 23 2. Contractor’s General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000 b. Products – Completed Operations Aggregate $2,000,000 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 Under-ground coverages where applicable. f. Excess or Umbrella Liability General Aggregate $2,000,000 Each Occurrence $1,000,000 3. Automobile Liability under Paragraph 6.03.D 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 [or] c. Combined Single Limit of $1,000,000 4. The Contractual Liability coverage required by Paragraph 6.03.B of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $2,000,000 L. Contractor agrees to maintain required workers compensation coverage throughout the entire term of the Contract. If Contractor does not maintain coverage throughout the entire term of the Contract, Contractor agrees that Owner may, at any time the coverage is not maintained by Contractor, order the Contractor to stop Work, suspend the Contract, or terminate the Contract. Contractor further agrees, if applicable (and Contractor bears the sole responsibility for producing proof satisfactory to Owner that these provisions are not applicable to Contractor), as a precondition to the performance of any Work under this contract and as a precondition to any obligation of the Owner to make any payment under this contract to provide the Owner with a certificate of a qualified insurer. For each six-month period this contract is in effect, Contractor agrees, prior to the expiration of the six-month period, to provide another written request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 9 of 23 coverage. If Contractor does not make the request or does not provide the certificate before the expiration of the six-month period, Contractor agrees that Owner may order the Contractor to stop Work, suspend the Contract, or terminate the Contract. M. The comprehensive general liability insurance will include as additional named insureds Town of Minden, and each of their officers, agents, and employees. SC-6.06 Waiver of Rights Delete Paragraph 6.06.A in its entirety. SC-6.07 Receipt and Application of Insurance Proceeds Delete Paragraph 6.07 in its entirety. SC-6.09 Other Insurance Provisions Add the following paragraph immediately after Paragraph 6.08: SC-6.09 Other Insurance Provisions. The policies are to contain or be endorsed to contain the following provisions: A. General Liability and Automobile Liability Coverages: 1. The Town of Minden, their officers, officials, employees, consultants, and volunteers are to be covered as additional insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Minden and their officers, officials, employees, consultants, or volunteers. 2. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town of Minden and their officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town of Minden and their officers, officials, employees or volunteers. 4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. The insurance companies shall immediately notify the Town of Minden of, at any time during the term of the Contract, the limits of the General Liability, or Excess Liability, including Aggregate Limits, as described on the certificates, have been impaired by more than 10% of the limits indicated for each policy. 6. The insurance companies that provide Commercial General Liability coverage and/or Automobile Liability coverage shall waive their rights of subrogation against the additional insured. B. All Coverages: 1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 10 of 23 30 days prior notice given to the Town of Minden. 2. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s total responsibility for payment of claims arising in whole or in part from the actions of a third party when such actions might be taken as a result of the Contractor’s operations under this Contract. 3. The Town of Minden is not liable for the payment of any deductibles or assessments on any insurance policies purchased by the Contractor. ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES SC-7.02 Labor; Working Hours Add the following new paragraphs immediately after Paragraph 7.02.A: 1. In connection with the performance of Work under this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, or age. Such agreement 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. Contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. Any breach of the foregoing provision by a Contractor shall constitute a material breach of Contract. 2. The Contractor and each Subcontractor shall keep or cause to be kept an accurate record showing the name, occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the Work. The record shall be open for inspection to the Owner’s representatives at all reasonable hours and a copy of the record for each calendar month shall be sent to the Owner no later than ten (10) days after the end of the month. SC-7.02.B Add the following new subparagraphs immediately after Paragraph 7.02.b: 1. Regular working hours will be 8:00 a.m. to 5:00 p.m. Monday through Friday. 2. Owner’s legal holidays are defined in the Standard Specifications for Public Works Construction, latest edition (Orange Book). SC-7.02.C. Add the following new paragraph immediately after Paragraph 7.02.B: C. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 11 of 23 SC-7.02.D. Add the following new subparagraph immediately after Paragraph 7.02.C: 1. For purposes of administering the foregoing requirement, additional overtime costs are defined as any daily or weekly overtime hours as defined by the labor commission. SC-7.03 Services, Materials and Equipment Add the following new paragraph immediately after Paragraph 7.03.A: 1. If required, the Contractor shall enclose the project area with a fence adequate to protect the project and his own facilities against acts of theft, violence or vandalism. In locations where the probability of such acts is reasonably remote the Owner may, in writing, waive this fencing requirement or limit it to the storage areas. Such action on the part of the Owner shall in no way relieve the Contractor of his sole responsibility for protection of plant and material on the project site. 2. The Contractor shall coordinate any required system shutdowns with the Owner and Engineer. The Contractor shall notify the Owner and Engineer at least 48 hours in advance of any desired system shutdown. SC 7.04.A Amend the third sentence of Paragraph 7.04.A by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, equivalent, or ‘or- equal’ item is permitted. SC 7.04.A.1 Amend the last sentence of Paragraph a.3 by striking out “and;” and adding a period at the end of Paragraph a.3. SC 7.04.A.1 Delete paragraph 7.04.A.1.a.4 in its entirety and insert the following in its place: [Deleted] SC-7.06 Concerning Subcontractors, Suppliers and Others SC-7.06.A Amend Paragraph 7.06.A by adding the following text to the end of the Paragraph: The Contractor shall not award work valued at more than fifty percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. Add the following new paragraph immediately after Paragraph 7.06.A: 1. The Contractor shall pay to each Subcontractor and Supplier within ten (10) calendar days after receipt of payment from the Owner, including any interest which he receives, an amount in direct proportion to the Subcontractors’ and Suppliers’ basis in the total Contract between the Contractor and the Owner. The Contractor shall also require each Subcontractor to make similar payments to his Subcontractors. 2. The Contractor may withhold 10 percent from the amount of any partial payment under the ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 12 of 23 subcontract, which is made before 50 percent of the Work has been completed under the subcontract. Thereafter the Contractor shall pay any additional installments due under the subcontract without retaining any additional funds if, in the opinion of the Contractor, satisfactory progress is being made in the Work under the subcontract and performed by the Subcontractor. The Contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed. The amount withheld is due within 10 calendar days after the acceptance of the subcontract work by the Contractor. Whenever the Contractor receives a payment of interest earned on the amount withheld from the Contract, he shall within ten (10) days pay to each Subcontractor that portion of the interest received from the Owner attributable to the amount of money withheld from the Subcontractor. SC 7.06.B Delete paragraph 7.06.B in its entirety and insert the following in its place: [Deleted] SC 7.06.E Amend the second sentence of Paragraph 7.06.E by striking out “Owner may also require Contractor to retain specific replacements; provided, however, that”. Add the following new paragraphs immediately after Paragraph 7.06.J: 1. The Owner, utilities, and others may be working within the project area while the Work is in progress. If so, the Contractor shall schedule his work in conjunction with these other organizations to minimize mutual interference. Add the following new paragraph immediately after Paragraph 7.06.O: P. Additional Provisions 1. The Contractor shall list in his bid the name of a Subcontractor for each portion of the project that will be completed by a Subcontractor. 2. Contractor whose bid is accepted shall not substitute any person for a Subcontractor who is named in the bid, unless: a. The awarding authority objects to the Subcontractor, requests in writing a change in the Subcontractor and pays any increase in costs resulting from the change; or b. The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that: The named Subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the Contractor which was offered to the Subcontractor with the same general terms that all other Subcontractors on the project were offered; The named Subcontractor files for bankruptcy or becomes insolvent; or, The named Subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 13 of 23 Contract bid prices will prevail for purposes of computing the monetary value of all subcontracts. 3. Perform with own organization, Work amounting to not less than 50% of the combined value of all items of the Work covered by the Contract. The Town of Minden and the Contractor will not recognize any Subcontractor on the work as a party to the Contract. Nothing contained in any subcontract shall create any contractual relation between the Subcontractor and the Town of Minden. The Contractor will be held solely responsible for the progress of the Work according to the progress required. SC-7.12 Safety and Protection Delete the second sentence of Paragraph 7.12.C and insert the following: The following Owner safety programs are applicable to the Work: 1. Occupational Safety and Health Standards: Contractor's methods of construction and safety requirements, including but not limited to trench excavation and shoring where applicable, shall conform to the requirements of the Occupational Safety and Health Standards for the Construction Industry. 2. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of Sierra Pacific Power Company's power lines as to be in violation of the safe working clearance prescribed by the National Electrical Safety Code. 3. At least one fire extinguisher, rated at least 2A, shall be provided at or readily accessible to the jobsite. SC-7.16 Shop Drawings, Samples, and Other Submittals Delete Paragraph 7.16.B.1.a in its entirety and insert in its place: a. Four of copies of all Shop Drawings and working drawings shall be submitted to the Engineer by or through the Contractor, who shall be responsible for obtaining Shop Drawings and working drawings from its Subcontractors and returning approved Shop Drawings to them. All Shop Drawings shall be clearly marked with the names of the Project, Contractor, and building, equipment or structure to which the drawing applies, and shall be suitably numbered. Each shipment of Shop Drawings shall be accompanied by a letter of transmittal giving a list of the drawing numbers and the names mentioned above. After review, one copy of the Shop Drawings will be returned to the Contractor. If the Contractor wishes extra copies to be returned, he shall submit additional copies. Add the following new paragraphs immediately after Paragraph 7.16.B.1.b: c. Only Shop Drawings which have been checked and corrected by the fabricator shall be submitted to the Contractor by his Subcontractors and vendors. Prior to submitting Shop Drawings to the Engineer, the Contractor shall check thoroughly all such Shop Drawings to satisfy himself that the subject matter thereof conforms to the Drawings and Specifications in all respects. All Shop 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; other Shop Drawings shall be returned for correction. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 14 of 23 d. Should the Contractor submit for approval equipment that requires modifications to the structures, piping, layout, etc., detailed on the Drawings, Contractor shall also submit for approval details of the proposed modifications. If such equipment and modifications are approved, the Contractor, at no additional cost to the Owner, shall do all work necessary to make such modifications. Add the following new paragraphs immediately after Paragraph 7.16.B.2.b: c. Contractor shall submit Samples as to materials for such special tests as the Engineer deems necessary to demonstrate that they conform to the Specifications. Such Samples shall be furnished, packed, and shipped by the Contractor. d. All Samples shall be packed so as to reach their destination in good condition, and shall be labeled to indicate the material represented, the date cast, the name of the Project, and location for which the material is intended and the name of the Contractor submitting the Sample. To ensure consideration of Samples, the Contractor shall notify the Engineer by letter that the Samples have been shipped and shall properly describe the Samples in the letter. The letter of notification shall be sent separate from and should not be enclosed with the Samples. Delete Paragraph 7.16.E.2 in its entirety and replace with the following: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval, and Contractor shall reimburse Owner for Engineer’s charges for such time. Delete Paragraph 7.16.E.3 in its entirety and replace with the following: G. In the event that Contractor requests a change of a previously approved submittal item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor. SC-7.18 Indemnification Add the following paragraphs immediately after Paragraph 7.18.C.2: D. In case any action at law or suit in equity may or shall be brought against the Owner or any of its officers, agents, or employees for or on account of the failure, omission, or neglect of the Contractor or his Subcontractors, employees, or agents, to do or perform any of the covenants, acts, matters, or things by this Contract undertaken to be done or performed by the Contractor or his Subcontractors, employees, or agents, or from any injuries done to property or persons and caused by the negligence or alleged negligence of the Contractor or his Subcontractors, employees, or agents, or in any other manner arising out of the performance of this Contract, then the Contractor shall immediately assume and take charge of the defense of such actions or suits in like manner and to all intents and purposes as if said actions or suits have been brought directly against the Contractor, and the Contractor shall also indemnify and save harmless the Owner, its officers, agents and employees from any and all loss, costs or damage whatever arising out of such actions or suits, in like manner and to all intents and purposes, as if said actions or suits had been brought directly against the Contractor and the Contractor shall also indemnify and save harmless the Owner, its officers, agents and employees from any and all loss, cost or damage whatever brought as aforesaid. SC-7.20 Wages ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 15 of 23 Add the following immediately after Paragraph 7.19.E: A. The provisions pertaining to wages and conditions of employment shall apply to all Work performed (on the Contract) by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence, and to all Work performed on the Contract by Subcontractors. ARTICLE 8 OTHER WORK AT THE SITE SC-8.04 Claims Between Contractors Add the following new paragraph immediately after Paragraph 8.03.D: A. Should Contractor cause damage to the Work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving Owner, Engineer, or construction coordinator) shall either remedy the damage, agree to compensate the other contractor for remedy of the damage, or remedy the damage and attempt to settle with such other contractor by agreement, or 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, 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 other contractor against Owner, Engineer, consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, 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, or the construction coordinator on account of any such damage or Claim. C. If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another 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, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 16 of 23 ARTICLE 9 – OWNER’S RESPONSIBILITIES SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: A. Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. Owner’s Site Representative will be assigned in a preconstruction meeting. The authority and responsibilities of Owner’s Site Representative follow: regular site visits, attend meetings, approve schedules and work plans, accept work, approve payment and change orders on behalf of the owner. ARTICLE 10 ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Project Representative Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 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. 3. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. 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. 5. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor and notify Engineer of availability of Samples for examination. 6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 17 of 23 Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of Project in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records: a. Record names, addresses, fax numbers, e-mail addresses, website locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. 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. 12. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 18 of 23 of the Work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK SC-11.04 Change of Contract Price Delete up to the second to last semicolon from the end of 11.04.C.2.c, and add the following language: ; provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the costs incurred by the Subcontractor who actually performs the work when there are multiple levels (3 or more) of Subcontractors, Suppliers, and Contractors; ARTICLE 13 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC-13.01 Cost of the Work Delete Paragraph 13.01.B.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof 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. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the “Rental Rate Blue Book for Construction Equipment” or the “Rental ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 19 of 23 Rate Blue Book for Older Construction Equipment”. An hourly rate will be computed by dividing the rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. Delete Paragraph 13.01.B.5.f in its entirety and insert the following in its place: f) Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, 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. ARTICLE 15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 Progress Payments Add the following language to the end of Paragraph 15.01.B.1: a. Any request for partial or final payment shall specifically list the work completed. All invoices submitted to Owner must be made on Contractors Application for Payment for the Owner as submitted to Contractor with the Notice to Proceed. Owner will not authorize payments from carbon or Xerox copies. b. Include amounts of Change Orders issued prior to the last day of the construction period covered by the Application for Payment. Delete Paragraph 15.01.D.1 in its entirety and insert the following in its place: 1. Not more than thirty days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will become due, and when due will be paid by Owner to Contractor. SC-15.06 Final Payment Add the following new paragraph immediately after Paragraph 15.06.A.3: 4. If the final Application for Payment is not accompanied by the releases or waivers called for in subsection A.2 of Article 15.06 of the General Conditions, or such releases or waivers as provided by the Contractor are not satisfactory to Owner, the retainage withheld from Progress Payments as stipulated in the agreement will be retained for a period of 45 days after the date of recording of the Notice of Substantial Completion. The Notice of Completion will be recorded within 15 days after the completion and acceptance of the Work. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 20 of 23 ARTICLE 16 SUSPENSION OF WORK AND TERMINATION SC-16.01 Owner May Suspend Work Add the following new paragraphs immediately after Paragraph 16.01.A: B. If the performance of all or any part of the Work is suspended, delayed or interrupted for an unreasonable period of time by an act of the Owner in administration of the Contract, or by the Owner's failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time), the Owner will make an adjustment for any increase in the cost of performance of this Contract (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the Contract in writing. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other provision of the Contract. C. No Claim under Paragraphs 15.01.A or 15.01.B shall be allowed unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay or interruption, but no later than the date of application for final payment under the Contract. SC-16.03 Owner May Terminate for Convenience Add the following new paragraphs immediately after Paragraph 16.03.B: C. This Contract may be terminated in whole or in part in writing by the Owner for its convenience, provided that the Contractor is given written notice (delivered by certified mail, return receipt requested) of intent to terminate, and an opportunity for consultation with the terminating party prior to termination. D. If termination for default is effected by the Owner, and equitable adjustment in the price provided for in this Contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the Owner because of the Contractor's default. If termination for default is effected by the Contractor, or if termination for convenience is effected by the Owner, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. E. Upon receipt of a termination action under Paragraphs 16.03.C or 16.03.D above, the Contractor shall discontinue all affected work (unless the notice directs otherwise), and deliver or otherwise make available to the Owner all data, Drawings, Specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract, whether completed or in process. F. Upon termination under Paragraphs 16.03.C or 16.03.D above, the Owner may take over the work and may award another party a contract to complete the Work under this Contract. G. If, after termination for failure of the Contractor to fulfill contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the Contract Price shall be made as provided in Paragraph 16.03.D of this clause. H. If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any extensions thereof, or fails to ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 21 of 23 complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he files a petition to take advantage of any debtor’s act, or if he or any of his Subcontractors should violate any of the provisions of the Contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials to complete the Work in the time specified, or if he should fail to make prompt payment to Subcontractors or for material or labor, or if he should persistently disregard laws, ordinance, or instruction given by the Owner or Engineer, the Owner may, without prejudice to any other right or remedy, serve written notice upon the Contractor and his surety of his intention to terminate the Contract, said notice to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the Contract shall upon the expiration of said ten days cease and terminate. In such cases, the Contractor shall not be entitled to receive any further payment until the Work is finished. I. In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that if the surety within 15 days after the serving upon it of a notice of termination does not give the Owner written notice of its intention to take over and perform the Contract or does not commence performance thereof within 30 days from the date of serving said notice, the Owner may take over the Work and prosecute the same to completion by Contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and his surety shall be liable to the Owner for any excess cost or other damage occasioned the Owner thereby, and in such event the Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plans, and other property belonging to the Contractor that may be on the site of the Work and be necessary therefore. For any portion of such work that the Owner elects to complete by furnishing its own employees, materials, tools, and equipment, the Owner shall be compensated for such in accordance with the General Conditions. J. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including, but not limited to, all costs to Owner arising from professional services and attorney’s fees and all costs generated to ensure or bond the work of substituted Contractors or Subcontractors utilized to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner upon demand by Owner. Any portion of such difference not paid by Contractor or surety within 30 days following the mailing of a demand for such costs by Owner shall earn interest at the rate of 10% per annum or the maximum rate authorized by law, whichever is lower. K. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the Owner. SC-16.04 Contractor May Stop Work or Terminate Add the following new paragraph immediately after Paragraph 16.04.B: 16.05 Other Termination This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under the Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and an opportunity for consultation with the terminating party prior to termination. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 22 of 23 ARTICLE 17 – FINAL RESOLUTION OF DISPUTES SC-17.01 Methods and Procedures Add the following new paragraphs immediately after Paragraph 17.01.B.3: C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 11.6.A.2 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 demand arbitration of the Claim, pursuant to Paragraph 17.02; or 2. Agrees with the other party to submit the Claim to another dispute resolution process. SC-17.02 Arbitration Add the following new paragraph immediately after Paragraph 17.01. SC-17.02 Arbitration A. All Claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 15.07) including but not limited to those not resolved under the provisions of Paragraphs SC-17.01A and 17.01.B will be decided by arbitration in accordance with the rules of American Arbitration Association, subject to the conditions and limitations of this Paragraph SC-17.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-17.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statute of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include: a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 23 of 23 and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. ARTICLE 18 – MISCELLANEOUS Add the following new paragraphs immediately after Paragraph 18.08.A: SC-18.09 Access to Records A. At all times during regular business hours and as often as Owner requires, Contractor shall provide full and free access to the Owner, and Engineer, to any books, documents, papers, and records related to the Work for the purpose of examination, audit, and duplication. The Contractor shall maintain all required accounts, records, and books for three years after final completion of the Work. ---PAGE BREAK--- EXHIBIT B Exhibit B – General Requirements General Requirements ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 01110-1 FWE #2158 2022 Waterline Replacement Summary of Work Contract Documents (March 2022) SECTION 01110 SUMMARY OF WORK PART 1 – GENERAL 1.01 SUMMARY A. General administrative and procedural requirements, responsibilities, sequencing requirements, and project and site condition information relevant to the Project. 1.02 STANDARD SPECIFICATIONS A. References to or “Standard” specifications shall mean the current edition of the Standard Specifications for Public Works Construction including the standard drawings. Said Specifications and Drawings shall be considered a part of this document as though it has been reproduced as whole and will be referred to as the Standard Specifications. Please note, however, that the Measurement and Payment sections of the Standard Specifications will not be part of this document. Those conditions are defined herein. B. OSHA: Occupational Safety and Health Administration: Part 1926 C. Douglas County Design Criteria & Improvement Standards: Resolution No. 2017R-039, adopted June 15, 2017 or latest edition. 1.03 PROJECT DESCRIPTION A. The work generally involves the removing and replacing of the existing 6” ACP water main with new 8” C-900 PVC water main and appropriate fittings to reconnect to existing water main. The existing 6” water main to be replaced is located on Esmeralda Ave. between Hwy 395 and 8th St., Mono Ave. between Hwy 395 and 8th St., 2nd St. between Hwy 395 and Mono Ave., 3rd St between Mono Ave. and County Rd., 5th St. between Hwy 395 and County Rd., and 8th St. between Hwy. 395 and County Rd. 1.04 SUBMITTALS A. Refer to Section 01330 - Submittal Procedures for general submittal requirements. B. Written designation of: 1. Contractor representative with authority to sign project paperwork (Requests for Information, Field Orders, Change Orders, Daily Quantities, Progress Payments, etc.). 2. Contractor emergency 24-hour contact representative. 3. Contractor representative to be in responsible charge of onsite work. C. Emergency Management Plan. D. SDS forms (if applicable). E. Permits Obtained for the Project. F. Material submittals as required in these Technical Specifications. G. Traffic Control Plan. 1.05 PROJECT / SITE CONDITIONS A. Location of Work 1. The Work is located in Minden, Douglas County, Nevada, between County Road and US Highway 395. Note the project will not encroach into NDOT right-of-way. 2. Survey control points are shown on the Drawings. It is the responsibility of the Contractor to maintain these survey control points. The Contractor will be responsible for the construction staking and horizontal and vertical surveying, per Section 01720 – Field Surveying. 1.06 PERMITS, EASEMENTS, AND LICENSES A. The Owner shall secure and pay for the following: 1. Any necessary Nevada Department of Environmental Protection – Bureau of Safe Drinking Water permits. ---PAGE BREAK--- Town of Minden 01110-2 FWE #2158 2022 Waterline Replacement Summary of Work Contract Documents (March 2022) B. The Contractor shall acquire and pay for all permits not provided by Owner and all specialty permits, including but not limited to: 1. Douglas County Encroachment Permit. 2. All other permits of a temporary nature relating to the construction of the project as required. 1.07 CONTRACTOR’S DUTIES A. Except as specifically noted, provide and pay for: 1. Labor, materials, and equipment. 2. Tools, construction equipment, machinery, and fuel. 3. Water, heat, and utilities required for construction. 4. Other facilities and services necessary for proper execution and completion of Work. B. Pay legally required sales tax, consumer use tax, and other taxes as may be required by law. C. Give required notices. D. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of Work. E. submit written notice to Owner of observed variance of Contract Documents from legal requirements. It is not Contractor’s responsibility to make certain that Drawings and Specifications comply with codes and regulations. F. Enforce strict discipline and good order among employees. G. Do not employ persons who are not skilled in assigned task. H. Equipment and Work Furnished by Contractor 1. All gates, barricades, fences, handrails, guardrails, and security required by the Contract or by laws and regulations. 2. Sanitary facilities adequate for all workers and complying with all codes and regulations. 3. Guards, marks, shields, protective clothing, raingear, and other equipment required by law, ordinance, labor contracts, OSHA, and other regulations for the maintenance of health and safety. 4. Emergency Management Plan. 5. Applicable SDS forms. 6. First aid kits and equipment required by law and regulations. 1.08 OWNER’S INSTRUCTIONS A. Use of Premises 1. The Contractor’s apparatus, storage of materials, and construction operations shall be confined to such limits, as may be directed by the Owner, so as not to unreasonably encumber the supply of water to the area. 2. Owner furnished staging or disposal areas a. Contractor to coordinate with Owner. 3. The Contractor shall enforce any instructions of the Owner regarding signs, advertising, fires, danger signals, barricades, and smoking; and shall require all persons employed on the Work to comply with all building, post, or institutional regulations while on the premises. 4. The Contractor shall not permit any part of any structure to be loaded with a weight that will injure its safety. 5. Confine operations at site to areas permitted by: a. Laws b. Ordinances c. Permits d. Contract Documents e. Right-of-Way/Easements ---PAGE BREAK--- Town of Minden 01110-3 FWE #2158 2022 Waterline Replacement Summary of Work Contract Documents (March 2022) 1.09 COORDINATION OF WORK 1. Contractor shall maintain overall coordination of all Project work. 2. Contractor shall obtain construction schedules from each subcontractor, require each subcontractor to maintain schedules and coordinate modifications. 3. Owner, utilities and others may perform activities within Project area while Work is in progress. The Contractor shall provide for coordination of his work with his subcontractors work with Owner, affected utilities, and others. a. When cooperation issues arise, submit recommendations to Engineer and perform Work in coordination with work of others as directed. 4. Interruption of any existing utilities requires prior Owner approval. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01312-1 FWE #2158 2022 Waterline Replacement Project Meetings Contract Documents (March 2022) SECTION 01312 PROJECT MEETINGS PART 1 – GENERAL 1.01 SUMMARY A. Information for meetings held during construction including necessary attendees and agenda items. 1.02 SUBMITTALS A. Refer to Section 01330 – Submittal Procedures for general submittal requirements. B. Contractor safety meeting agenda, minutes, and attendance log. 1.03 PRECONSTRUCTION CONFERENCE A. Schedule, Attendees, Location: 1. No later than 48 hours prior to commencement of any construction activities, the Contractor shall schedule and coordinate a preconstruction meeting. 2. Attendees: a. Contractor representatives including the official in charge of the project, the project superintendent, a representative with authority to speak for each of his principle subcontractors, and other representatives as he may deem expedient. b. Owner. c. Representatives of regulatory or other jurisdictions (optional based on preference of agency). d. Engineer. e. Representatives of selected utilities. 3. The preconstruction conference will be held at an Owner’s facility. 4. Minutes of meeting will be prepared by the Contractor and distributed to interested parties. B. Agenda: 1. Both Owner and Contractor shall be prepared to speak to the following: a. Name and field address of job superintendent. b. Communication procedures. ---PAGE BREAK--- Town of Minden 01312-2 FWE #2158 2022 Waterline Replacement Project Meetings Contract Documents (March 2022) c. Emergency phone and/or operator. d. Date of construction start. e. Date of Notice-to-Proceed. f. Notification of utilities concerned, fire, police, schools, etc. g. Subcontractors. h. Coordination with other contractors. i. Permits: 1) Douglas County Encroachment Permit (Contractor furnished). 2) NDEP-BSDW permit for water facility construction (Owner furnished). j. Engineering assignments. k. Construction Observers: Names and authority. l. Construction schedule. m. Submittals and Schedule of Submittals. n. Surveying and responsibility for lines and grades. o. Prevailing wage rates related submittal requirements. p. Equal employment opportunities (EEO) and posting of EEO poster. Use of local labor. q. Nondiscrimination notice. r. Periodic payments including date for submittal and forms. s. Safety requirements, confined space, and special hazards. t. Insurance and bonds. u. Traffic control. v. Drawings revised to conform to construction records. w. Testing. x. Location, timing, and content of progress meetings. y. Contractor safety meetings. ---PAGE BREAK--- Town of Minden 01312-3 FWE #2158 2022 Waterline Replacement Project Meetings Contract Documents (March 2022) z. Neighbors, citizen issues. aa. Complaint procedure. bb. Staging areas and parking. cc. Work hours. dd. Substantial Completion. ee. Construction milestones. ff. Project closeout. gg. Other matters concerning construction. 1.04 PROGRESS MEETINGS A. Contractor shall schedule with Engineer and Owner regular weekly meetings at mutually agreed time to discuss the following: 1. Work completed the previous week. 2. Work planned for the following 3 weeks. 3. Long-term work planning issues. 4. Coordination of Contractor and Owner activities. 5. Other topics related to facilitating project progress. B. Hold “Additional Meetings” as progress of work dictates. C. Location of meetings shall be designated during preconstruction conference. D. Attendance: 1. Owner or his representative. 2. Engineer. 3. Contractor. 4. Other contractors (if any). 5. Subcontractors as pertinent to agenda. 6. Safety representative (optional). 7. Representatives of governmental or other regulatory agencies. ---PAGE BREAK--- Town of Minden 01312-4 FWE #2158 2022 Waterline Replacement Project Meetings Contract Documents (March 2022) 8. Consultant(s) as pertinent to agenda. E. Meeting minutes will be prepared by the Engineer or Owner. 1.05 CONTRACTOR WEEKLY SAFETY MEETINGS A. Contractor shall schedule and conduct weekly safety meetings for Contractor’s staff to discuss site safety issues. B. Submit copies of agenda and attendance list to Owner. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01325-1 FWE #2158 2022 Waterline Replacement Progress Schedules and Reports Contract Documents (March 2022) SECTION 01325 PROGRESS SCHEDULES AND REPORTS PART 1 – GENERAL 1.01 SUMMARY A. Requirements and procedures for development and implementation of Project schedules and reports. 1.02 SUBMITTALS A. Refer to Section 01330 – Submittal Procedures for general submittal requirements. B. Submit 10 calendar days prior to the Notice to Proceed: 1. Progress Schedule in the form of a Time-Scaled Bar (Gantt) Chart. C. 1. Updated Progress Schedule in the form of a Gantt Chart. D. Weekly 1. Updated 3 Week Look-Ahead Schedule. 1.03 SCHEDULE REQUIREMENTS A. Scheduling of construction is the responsibility of the Contractor. B. Updated Progress Schedules are used for the following: 1. To assure adequate planning and execution of the Work. 2. To assist the Owner in appraising the reasonableness of the proposed schedule and evaluating progress of the Work. C. progress payments made in accordance with the General Conditions will not be processed until receipt of the revised Progress Schedule. D. Drafting technique and notations of the network diagram shall be in accordance with the AGC Publication, The Use of CPM in Construction: A Manual for General Contractors. E. The Contractor’s responsibilities shall include: 1. Creation of the Progress Schedule in the form of a Gantt Chart and Weekly look ahead schedules. 2. Execution of the plan described by the Progress Schedule. ---PAGE BREAK--- Town of Minden 01325-2 FWE #2158 2022 Waterline Replacement Progress Schedules and Reports Contract Documents (March 2022) 3. Participation in progress meetings. 4. Submission of change data. 1.04 GANTT CHART (TIME SCALE BAR CHART) REQUIREMENTS A. Gantt Chart shall: 1. Show the order and interdependence of activities planned by the Contractor. 2. Be drafted to show a continuous flow from left to right with no arrows from right to left. 3. Provide a logical sequence of the Work to be accomplished. 4. All non-dummy activities shall be drafted on a horizontal plane. 5. Keep “dummy” activities to a minimum. 6. Represent each subnetwork with a two-line bar. One bar to show scheduled progress and one open bar for reporting progress. B. Basic concept of a Progress Schedule shall be utilized to show the start of a given activity to be dependent on completion of all activities directly preceding the given activity. C. Each activity description shall be sufficient to identify the work without reference to any other activity. D. Identify those activities which are planned to be expedited by use of overtime, double shifts, or to be worked on Saturdays, Sundays, and holidays. E. The Progress Schedule shall indicate as a minimum the items and listed in the Schedule of Values. F. Detailed activities shown shall include: 1. Construction activities, including activities of subcontractors, assigned contractors, and suppliers. 2. Submittal and approval of samples of materials and Shop Drawings. 3. Procurement of materials and equipment. 4. Fabrication of special material and equipment. 5. Installation of major and/or critical items. 6. Testing. 7. Start-up. 8. Actions of Owner or Engineer affecting progress or completion date. ---PAGE BREAK--- Town of Minden 01325-3 FWE #2158 2022 Waterline Replacement Progress Schedules and Reports Contract Documents (March 2022) G. The detail of information shall be such that duration times of activities will range from 1 to 30 days with not over 2 percent of the activities exceeding these limits. H. The selection and number of activities shall be subject to the Engineer’s approval. I. Sheet size of diagrams shall be minimum 11 inches by 17 inches with latest revision date. 1.05 TIME EXTENSION A. See Section 00700 – General Conditions for requirements for time extensions. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 CONTRACTOR TO SCHEDULE WORK A. The Contractor shall keep the Owner informed sufficiently in advance of the times and places at which he intends to work in order that lines and grades may be furnished and the necessary measurements and payment may be made with the minimum of inconvenience and delay to the Engineer, Owner, and the Contractor. B. If the schedule of work be such as to handicap the setting of necessary engineering control, the Contractor shall suspend his operations at the particular place in sufficient time for the Engineer to complete his work during normal working hours. Any additional expense to the Contractor arising from the temporary suspension of work shall be considered as incidental to the construction and be included in various bid items of the Contract. C. Work shall be scheduled to allow for constraints by any public agency having jurisdiction. D. In the event of the Contractor’s failure to prepare, submit, and update the schedules and reports, the Owner may withhold funds from one or more progress payments in an amount which the Owner determines is required to cover the cost of the Owner or the Engineer to prepare or update the schedules and reports. 3.02 SCHEDULE REVIEW AND APPROVAL A. If requested, the Contractor shall participate in a review meeting and evaluation of the proposed schedules and analysis by the Owner and Engineer. B. Any revisions necessary as a result of the review shall be resubmitted for approval of the Owner within 10 calendar days after receipt of the Owner’s and Engineer’s review comments. C. Approved schedule shall be used by the Contractor for planning, organizing, and directing the Work; and for reporting progress. 3.03 SCHEDULE CHANGES BY CONTRACTOR A. If the Contractor desires to make changes in his method of operating and scheduling, he shall notify the Engineer in writing stating the reasons for the change. ---PAGE BREAK--- Town of Minden 01325-4 FWE #2158 2022 Waterline Replacement Progress Schedules and Reports Contract Documents (March 2022) B. If the Engineer considers these changes to be of a major nature, he may require the Contractor to revise and submit for approval on the entire Project. C. A change may be considered of a major nature if the time estimated to be required or actually used for an activity or the logic of sequence of activities is varied from the original plan to a degree that there is a reasonable doubt as to the effect on the contract completion date or dates. D. Changes which affect activities with adequate slack time shall be considered as minor changes, except that an accumulation of minor changes may be considered a major change when their cumulative effect can be demonstrated to affect the contract completion date. 3.04 SCHEDULE CHANGES BY OWNER A. When Change Orders are issued or when a Notice to Proceed with changes in the Work must be issued prior to settlement of price and/or time to avoid delay and additional expense, the Contractor will revise the duration times estimates of all activities affected by the modification on the next succeeding updating report. B. Revisions shall be submitted for concurrence of the Owner prior to inclusion in the network. END OF SECTION ---PAGE BREAK--- Town of Minden 01330-1 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) SECTION 01330 SUBMITTAL PROCEDURES PART 1 – GENERAL 1.01 SUMMARY A. General procedures and requirements for submittals during the course of construction. 1.02 SUBMITTAL PROCEDURES A. Inquiries: Direct to Engineer regarding procedure, purpose, or extent of submittal. B. Timeliness: Schedule and make submissions in accordance with requirements of individual specification sections and in such sequence as to cause no delay in Work or in work of other contractors. C. Complete, sign, and transmit with each submittal package one copy of the Submittal Transmittal Form as described in Section 01999 – Project Forms. D. Submit to Engineer as required by individual specification sections. Engineer will transmit copies to Owner as appropriate. E. Resubmissions: Clearly identify each correction or change made. F. Incomplete Submissions 1. Engineer will return the entire submittal for Contractor’s revision/correction and resubmission. 2. Submittals that do not clearly bear Contractor’s specific written indication of Contractor review and approval of submittal or that are transmitted with an unsigned or uncertified submission form or as may otherwise be required will be returned to Contractor unreviewed. G. Non-specified Submissions: Submissions not required under these Contract Documents and not shown on submissions will not be reviewed and will be returned to the Contractor. H. Engineer’s Review: Engineer will act upon Contractor submittal and transmit response to Contractor not later than 14 days after receipt, unless otherwise specified. Resubmittals will be subject to the same review time. 1. Corrections or comments made relative to submittals during the submittal review do not relieve the Contractor from compliance with the requirements of the Drawings and Specifications. This check is only for review of general conformance with the Contract Documents. The Contractor is responsible for conforming and correlating all qualities and dimensions; selecting fabrication processes and techniques of construction; coordinating his work with that of other trades and material suppliers; and performing his work in a safe and satisfactory manner. I. “Or Equals” ---PAGE BREAK--- Town of Minden 01330-2 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) 1. Contractor may provide submittals for “or equal” items as outlined in Section 00700 and Exhibit A. J. Schedule Delays 1. No adjustment of contract times or price will be allowed due to Engineer’s review of submittals, unless all of the following criteria are met: a. Contractor has notified Engineer in writing that timely review of submittal in question is critical to progress of Work and has received Engineer’s written acceptance to reflect such on current accepted submissions and progress schedule. Written agreement by the Engineer to reduce submittal review time will be made only for unusual and Contractor-justified reasons. Acceptance of a progress schedule containing submittal review times less than specified or less than agreed to in writing by Engineer will not constitute Engineer’s acceptance of the reduced review times. b. Engineer has failed to review and return first submission of a submittal within agreed time indicated on current accepted schedule of submissions or, if no time is indicated thereon, within 21 days after receipt. c. Contractor demonstrates that delay in progress of Work is directly attributable to Engineer’s failure to return submittal within time indicated and accepted by Engineer. 2. No adjustment of contract times or price will be allowed due to delays in progress of Work caused by rejection and subsequent resubmission of submittals, including multiple resubmissions. 1.03 SUBMITTAL PREPARATION A. Format: Whenever possible, schedule for and combine Shop Drawings and samples required for submission in each specification section into a single submittal package. B. Present in a clear and thorough manner and of sufficient detail to show kind, size, arrangement, and function of components, materials, and devices and compliance with Contract Documents. Identify details by reference to sheet and detail, and schedule or room numbers as shown on Drawings. C. Sheet Sizes: 8-1/2 inches by 11 inches or multiples thereof to a maximum of 22 inches by 34 inches. D. Piping Systems shall be drawn to scale. E. Product Data: Clearly mark each copy to identify pertinent products or models and show performance characteristics and capacities, dimensions and clearances required, wiring, or piping diagrams and controls, and external connections, anchorages, and supports required. F. Equipment and Component Titles: Identical to title shown on Drawings. G. Manufacturer’s standard schematic drawings and diagrams as follows: ---PAGE BREAK--- Town of Minden 01330-3 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) 1. Modify to delete information that is not applicable to work. 2. Supplement standard information to provide information specifically applicable to work. H. Identification of Submittals: 1. Identify each submittal with the following numbering and tracking system: a. Sequentially number each submittal. b. Resubmission of a submittal will have original submittal number with sequential alphabetic suffix. 2. Format: Orderly, indexed with labeled tab dividers. 3. Show date of submission. 4. Show project title, Owner’s contract identification, and contract number. 5. Show names of Contractor, subcontractor, or supplier and manufacturer as appropriate. 6. Identify, as applicable, Contract Document section and paragraph to which submittal applies. 7. Identify submittal type. Submit only one type in each submittal package. 8. Identify and indicate each deviation or variation from Contract Documents. 1.04 SUBMITTAL QUANTITY, DISPOSITION, AND DISTRIBUTION A. Submittal Quantity and Format 1. Administrative, Shop Drawings and Product Data, Quality Control, and Project Closeout submittals: One electronic (pdf format) submittal. 2. Utilize Submittal Transmittal form as described in Section 01999 – Project Forms as cover sheet for submittal. Submittal Transmittal form is available as Microsoft Word document and will be provided to contractor upon request. 3. Samples: Two, unless otherwise specified in individual specification sections. Submitted samples will not be returned. B. Submittal Disposition Categories 1. Engineer will review submittal information and generate a Submittal Review Form listing review comments and indicate submittal status. 2. Submittal status categories are listed below. a. No Exception Taken (for incorporation in Work) ---PAGE BREAK--- Town of Minden 01330-4 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) 1) Contractor may begin to implement activities to incorporate specific product(s) or Work covered by submittal. 2) Ramifications to Schedule: Indicates that schedules provide for the orderly progression of the Work to completion within any specified milestones and the contract times, but such acceptance will neither impose on Engineer’s responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefore. 3) Acceptance will indicate that submittal conforms to intent of Contract Documents as to form and substance. b. Approved as Noted (for incorporation in work): 1) Contractor may begin to implement activities to incorporate product(s) or work covered by submittal, in accordance with Engineer’s notations. 2) Contractor to satisfy comments and requirements generated during submittal review but resubmittal is not required. c. Rejected: 1) Contractor shall make corrections or develop replacement and resubmit (in same manner and quantity as specified for original submission). 2) Submittal is not satisfactory and Contractor may not incorporate specific product(s) or conduct Work covered by submittal. d. Revise and Resubmit: 1) Contractor shall resubmit entire submittal after making required revisions (in same manner and quantity as specified for original submission). 2) Submittal is not satisfactory and Contractor may not incorporate specific product(s) or conduct Work covered by submittal. e. Submit Specified Items: 1) Contractor shall submit missing portions (in same manner and quantity as specified for original submission). 2) Submittal is not satisfactory and Contractor may not incorporate specific product(s) or conduct Work covered by submittal, unless otherwise noted in the Engineer’s review comments. C. Submittal Distribution 1. Submittals will be distributed to the following: a. Owner ---PAGE BREAK--- Town of Minden 01330-5 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) b. Resident Project Representative c. Engineer d. Contractor 1.05 SHOP DRAWINGS AND SAMPLES SUBMITTAL REQUIREMENTS A. Identify and Indicate: 1. Pertinent drawing sheet(s) and detail number(s), products, units and assemblies, and system or equipment identification or tag numbers. 2. Critical field dimensions and relationships to other critical features of Work. 3. Samples: Source, location, date taken, and by whom. 4. Each deviation or variation from Contract Documents. 5. Where spare parts are to be provided under individual specification sections, indicate the lead time for delivery of all spare parts and a list of suppliers of the spare parts. B. Design Data: When specified, provide project-specific information as required and as necessary to clearly show calculations, dimensions, logic and assumptions, and referenced standards and codes upon which design is based. C. Foreign Manufacturers: 1. When proposed, include the following additional information: a. Names and addresses of at least two companies closest to Project that maintain technical service representatives. b. List of local spare parts and accessories available for proposed equipment. 1.06 ADMINISTRATIVE SUBMITTAL REQUIREMENTS A. Administrative submittals are not Shop Drawings or samples and do not reflect quality of product or method of construction. B. Administrative submittals may include, but is not limited to, those submittals identified below: 1. Applications for Payment. 2. Progress Schedule(s): Meet the requirements of Section 01325 - Progress Schedules and Reports. 3. Schedule of Values: Meet the requirements of Section 01200 - Price and Payment Procedures. 4. Submittals Required by Laws, Regulations, and Governing Agencies: ---PAGE BREAK--- Town of Minden 01330-6 FWE #2158 2022 Waterline Replacement Submittal Procedures Contract Documents (March 2022) a. Submit notifications, reports, certifications, payrolls, and otherwise as may be required directly to the applicable federal, state, or local governing agency or their representative. b. Transmit to Engineer for Owner’s records one copy of correspondence and transmittals (to include enclosures and attachments) between Contractor and governing agency. 1.07 QUALITY CONTROL SUBMITTAL REQUIREMENTS A. Quality control submittals may include, but are not limited to, those submittals identified below: 1. Certificates as described in Section 01450 – Quality Control. 2. Statements of Qualification as described in Section 01450 – Quality Control. 3. Field Samples: Provide as required by individual specifications and as may be required by Engineer during progress of Work. 4. Written Test Reports of Each Test and Inspection as described in Section 01450 – Quality Control. 1.08 CONTRACT CLOSEOUT SUBMITTAL REQUIREMENTS A. General: Meet requirements of Section 01770 – Closeout Procedures. B. When appropriate, Engineer will review and provide Submittal Review Form to indicate requirements for resubmission or acceptance on submittal. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01450-1 FWE #2158 2022 Waterline Replacement Quality Control Contract Documents (March 2022) SECTION 01450 QUALITY CONTROL PART 1 – GENERAL 1.01 SUMMARY A. The requirements of this Section are primarily related to performance of the Work beyond furnishing of manufactured products. 1.02 DEFINITIONS A. The term “Quality Control” includes inspection, sampling and testing, and associated requirements. 1.03 INSPECTION AT PLACE OF MANUFACTURE A. Inspection at Plant: Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the Owner at the place of manufacture. B. Inspection Not a Waiver: The presence of the Owner at the place of manufacture, however, shall not relieve the Contractor of the responsibility for furnishing products, materials, and equipment which comply with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the Owner. 1.04 SAMPLING AND TESTING A. Sampling and Testing Methods: Unless otherwise indicated, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered; however, the Owner reserves the right to use any generally-accepted system of sampling and testing, and will insure the quality of the workmanship is in full accord with the Contract Documents. B. Testing Waiver: Any waiver by the Owner of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any requirements of the Contract Documents. C. Faulty Work Correction: Notwithstanding the existence of such waiver, the Owner reserves the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents shall be reasonable cause for the Owner to require the removal or correction and reconstruction of any such Work, in accordance with the Standard General Provisions. 1.05 DOCUMENTATION A. Written Test Reports of Each Test and Inspection 1. As a minimum, include the following: ---PAGE BREAK--- Town of Minden 01450-2 FWE #2158 2022 Waterline Replacement Quality Control Contract Documents (March 2022) a. Date of test and date issued project title and number, testing laboratory name, address, telephone number, and name and signature of laboratory inspector. b. Date and time of sampling or inspection and record of temperature and weather conditions. c. Identification of product and specification section, location of sample, test, or inspection in the Project, type of inspection or test with referenced standard code, certified results of test. d. Compliance with Contract Documents and identifying corrective action necessary to bring materials and equipment into compliance. e. Provide an interpretation of test results, when requested by Owner or . B. Certificates 1. Certificates of Successful Testing or Inspection. Submit when testing or inspection is required by laws and regulations or governing agency or specified in the individual specification sections. C. Statements of Qualification: Evidence of qualification, certification, or registration. As required in these Contract Documents to verify qualifications of professional land surveyors, engineers, materials testing laboratories, specialty subcontractors, trades, consultants, installers, and other professionals. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 INSTALLATION A. Inspection: The Contractor shall inspect materials or equipment upon arrival on the job site and immediately prior to installation, and reject damaged and defective items. B. Measurements: The Contractor shall verify measurements and dimensions of the Work, as an integral step of ordering materials and equipment and of starting each installation. C. Manufacturer’s Instructions: Where installations include manufactured products, the Contractor shall comply with the Manufacturer’s applicable instructions and recommendations for storage and installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in the Contract Documents. END OF SECTION ---PAGE BREAK--- Town of Minden 01458-1 FWE #2158 2022 Waterline Replacement Testing Laboratory Services Contract Documents (March 2022) SECTION 01458 TESTING LABORATORY SERVICES PART 1 – GENERAL 1.01 SUMMARY A. Requirements and responsibilities for Project laboratory testing services. 1.02 INDEPENDENT TESTING A. Contractor shall pay for services of an independent testing laboratory for: 1. Soils: Gradation, moisture density standards determination, and in place density tests required by Division 2. 2. Concrete: Mix design, consistency, air content, and compressive test cylinder casting, and compression testing required by Section 03300 - Cast-in-Place Concrete. 3. Asphalt: Mix design, air voids, asphalt content, bulk specific gravity, marshall stability, aggregate gradation, theoretical maximum specific gravity, and thickness as required by Section 02740 – Flexible Pavement. B. All other tests, specified within the Project Manual, shall also be the responsibility of the Contractor, unless otherwise noted in the individual sections. C. The Owner reserves the right to require the Contractor to pay for the cost of any additional tests that are required due to failure (such as water quality tests), poor workmanship, testing delays due to incomplete work, or other non-Owner/Engineer related circumstances. 1.03 RESPONSIBILITIES OF CONTRACTOR A. Cooperate with laboratory personnel and provide access to Work. B. Contractor shall assist and accommodate collection of samples by Owner’s agent. C. Provide preliminary representative samples of materials to be tested to laboratory in required quantities. D. Furnish copies of test reports to the Owner. E. Furnish casual labor and facilities: 1. To provide access to Work to be tested. 2. To assist laboratory personnel to obtain and handle samples at the site. 3. To facilitate inspections and tests. 4. For laboratory’s exclusive use for storage and curing of test samples. ---PAGE BREAK--- Town of Minden 01458-2 FWE #2158 2022 Waterline Replacement Testing Laboratory Services Contract Documents (March 2022) F. Notify Owner and laboratory sufficiently in advance of operations to allow for assignment of personnel and scheduling of tests, in no case shall notification be less than 48 hours before the required test. G. Contractor shall be responsible for Contractor’s quality control tests. H. Provide Engineer with copy of all test results within 7 days of receipt from the testing laboratory using the Testing Results Transmittal Form as described in Section 01999 - Forms. 1.04 RESPONSIBILITIES OF OWNER A. Owner will provide the Contractor with a copy of all test results within 7 days of receipt from the testing laboratory for Owner paid testing. PART 2 – MATERIALS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01510-1 FWE #2158 2022 Waterline Replacement Temporary Utilities Contract Documents (March 2022) SECTION 01510 TEMPORARY UTILITIES PART 1 – GENERAL 1.01 SUMMARY A. Furnish, install, and maintain temporary utilities necessary for construction. Remove temporary utilities upon completion of Work. 1.02 TEMPORARY WATER A. Water for testing, flushing, or cleanup purposes shall be provided by the Owner. 1. Contractor shall pay a refundable fire hydrant meter deposit and secure hydrant meter from Owner. 2. Contractor shall utilize meter when taking water from system hydrants. There will be no charge to the Contractor for the volume of water used. B. Operation of system valves and appurtenances to supply system water must be coordinated with Owner. C. The Contractor shall provide all other pipe fittings and connections necessary to access Owner’s water. D. The Contractor shall provide backflow preventer devices, approved by the Owner, to prevent a cross connection between the water supply and wastewater conveying systems, where necessary. 1.03 REMOVAL OF TEMPORARY UTILITIES A. At such time or times any temporary utilities are no longer required for the work; the Contractor shall notify the Owner of his intent and schedule for removal of the temporary utilities. B. Contractor shall obtain the Owner’s approval before removing temporary utilities. C. Contractor shall return hydrant meter to Owner. D. As approved, the Contractor shall remove the temporary utilities from the site as his property and leave the site in such condition better than or equal to prior construction. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01520-1 FWE #2158 2022 Waterline Replacement Temporary Facilities Contract Documents (March 2022) SECTION 01520 TEMPORARY FACILITIES PART 1 – GENERAL 1.01 SUMMARY A. This section includes requirements for installation and removal of temporary facilities. 1.02 CONTRACTOR’S WORK AREA A. The Contractor shall confine work within the right-of-way where permission for encroachment has been granted and coordinated with Owner. 1.03 SECURITY A. Contractor shall take all necessary steps to secure the construction site, including, but not necessarily limited to, fencing, lighting, and night watchmen. 1.04 USE OF THE OWNER’S FACILITIES A. The Contractor may not use any of the Owner’s telephones, restrooms, utilities, or facilities during this project. 1.05 CONTRACTOR BUILDINGS AND STORAGE AREAS A. Contractor shall furnish, at his own expense, all offices, sheds, storage buildings, shelters, and protection for workers that he may require for his own use or may deem fit. All structures and their locations shall be approved by the Owner prior to construction or placement on site. B. The Contractor shall provide temporary storage space for the protection of equipment and materials as recommended by manufacturers of such equipment and materials. The Contractor may arrange with the Owner to store equipment and material around the job sites solely at the discretion of the Owner. C. Materials such as pipe and reinforcing and structural steel shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the Owner. D. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well-ventilated building, removed from other buildings. 1. Store petroleum products, industrial chemicals, and similar toxic or volatile materials in durable containers approved by Owner and located in areas where accidental spillage will be contained. 2. Store substantial quantities of materials in an area surrounded by containment dikes of sufficient capacity to contain an aggregate capacity of tanks. ---PAGE BREAK--- Town of Minden 01520-2 FWE #2158 2022 Waterline Replacement Temporary Facilities Contract Documents (March 2022) 1.06 SANITARY FACILITIES A. The Contractor shall provide adequate toilet facilities and washing facilities for all workers and Owner’s Representatives employed on the site. The Contractor shall maintain the same in a sanitary condition at all times and shall then remove the facilities and disinfect the premises. All portions of the work shall be maintained at all times in a sanitary condition. Contractor shall note that potable water is not available at the site. B. The Contractor shall establish a regular collection of all sanitary and organic wastes. C. Contractor shall dispose of all wastes in accordance with state laws and regulations. 1.07 CONSTRUCTION CLEANING AND WASTE DISPOSAL A. Keep the site and other areas used in a neat and clean condition, free from any accumulation of rubbish. B. Clean up the debris resulting from work at least once a day or more often if it interferes with the work of others or presents a fire hazard. C. Dispose of rubbish and waste materials and establish regular intervals of collection and disposal. D. Disposal of all rubbish and surplus materials shall be off the site of construction, at the Contractor’s expense, all in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws. 1. Burning of debris is not permitted. E. The Contractor shall notify the Owner of the dump site utilized. Refuse shall only be disposed of in approved landfill sites. F. Dispose of offsite, in a lawful manner conforming to applicable local, state and federal laws, wastes, effluents, trash, garbage, oil, grease, chemicals, cement, bitumen, etc., petroleum, and chemical products or wastes containing such products. 1. Furnish Owner with documentation showing compliance with this requirement. 2. The Contractor shall be responsible for obtaining a suitable site for discharge of any fluid wastes (such as oil, gasoline, sewage, dechlorination water) or any other wastes which are prohibited by local ordinances. a. Disposal into storm or sanitary sewers, streams, or waterways will not be permitted. b. Any discharge site or method of disposal must be approved by the Owner. 1.08 REMOVAL OF TEMPORARY FACILITIES A. At such time or times any temporary facilities are no longer required for the work; the Contractor shall notify the Owner of his intent and schedule for removal of the temporary facilities. B. Contractor shall obtain the Owner’s approval before removing temporary facilities. ---PAGE BREAK--- Town of Minden 01520-3 FWE #2158 2022 Waterline Replacement Temporary Facilities Contract Documents (March 2022) C. As approved, the Contractor shall remove the temporary facilities from the site as his property and leave the site in such condition as specified in Section 02900 – Site Restoration and Revegetation, as directed by the Owner, and/or as shown on the Drawings. D. When Work is completed, remove storage and other Contractor buildings and facilities, and restore sites to a neat and presentable condition appropriate to surrounding landscape, unless otherwise specified. E. Remove debris resulting from Contractor’s operation. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01550-1 FWE #2158 2022 Waterline Replacement Vehicular Access and Parking Contract Documents (March 2022) SECTION 01550 VEHICULAR ACCESS AND PARKING PART 1 – GENERAL 1.01 SUMMARY A. The work included under this section shall consist of providing for the public’s convenience, safety, and maintaining traffic control, including flaggers. 1.02 SUBMITTALS A. Submittals shall be per Section 01330 – Submittal Procedures. B. Traffic Control Plan 1. Submit for review and approval by Owner. 1.03 PERMITS A. Contractor shall be responsible for obtaining excavation and encroachment permit for work within public right-of-way. 1.04 PUBLIC, COMMERCIAL, AND EMERGENCY ACCESS A. The Contractor’s operations shall cause no unnecessary inconvenience to the public. 1. Delays shall be kept to 10 minutes or less. 2. The access rights of the public shall be considered at all times. B. Unless otherwise authorized by proper local authority, traffic shall be permitted to pass through the work site on approved or specified detours. C. Safe and adequate access shall be provided and maintained to fire hydrants and all utility control locations. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. D. Residents along the road or street shall be provided passage. Convenient access to driveways, houses and buildings along the road or street shall be maintained. Temporary crossings shall be provided and maintained in good condition. E. The blocking of industrial, commercial, or institutional driveways shall not be allowed. Access shall be provided to permit the movement of vehicles to and from the grounds of such establishments. Contractor shall provide vehicular access to all other types of driveways at all times except during actual construction. 1.05 CONSTRUCTION ACCESS AND HAUL ROADS A. Comply with all laws and regulations. ---PAGE BREAK--- Town of Minden 01550-2 FWE #2158 2022 Waterline Replacement Vehicular Access and Parking Contract Documents (March 2022) B. All streets in the construction area used by Contractor’s trucks or any other equipment hauling material to and from the area whether within the contract limits or adjacent thereto shall continuously be kept clean and shall be serviced by continuous use of sprinkling trucks to control dust. C. Institute dust and mud control until streets are accepted by the public agency responsible for maintenance or Contractor is relieved of the responsibility by such agency. D. Sprinkling for dust shall be at the Contractor’s expense. E. Keep haul roads free from dirt, rubbish, and unnecessary obstructions. F. Any damage to roadway surfaces from the direct or indirect result or the Contractor’s operation shall be repaired by the Contractor to the satisfaction of the responsible agency. 1.06 STAGING AREAS A. The Contractor shall be responsible to secure and pay for temporary staging areas for all equipment and material storage. B. Contractor shall not assume that staging areas will be provided by the Owner. 1.07 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS A. Construction materials may not be stored in streets, roads, or highways after unloading except where such street or road is provided with a detour. All such materials or equipment not installed or used in the construction shall be stored elsewhere by the Contractor at Contractor’s expense unless Contractor is authorized additional storage space. B. Excavated material, except that which is to be used as backfill in the adjacent trench, may not be stored in public streets, roads, or highways unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 1.08 PARKING SPACE FOR CONTRACTOR’S EMPLOYEES A. Employees of the Contractor shall park vehicles in: 1. Designated staging areas secured by the Contractor. 2. Designated Project areas approved by the Owner if available. 3. Rights-of-Way as approved by encroachment permits. 1.09 STREET CLOSURES, DETOURS, BARRICADES A. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flaggers and other persons; advise the public of detours and construction hazards; and notify local newspapers of detours. The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. Contractor shall furnish and install, and upon completion of work, remove all signs and warning devices. ---PAGE BREAK--- Town of Minden 01550-3 FWE #2158 2022 Waterline Replacement Vehicular Access and Parking Contract Documents (March 2022) B. Not less than 7 days prior to closing, or partially closing, or reopening any street, the Contractor shall notify, in writing, the local Fire Protection District, Sheriff or Police Department, the local School District, Engineer, Owner, the State Highway Patrol; and other city, county, and State offices as may be appropriate. All road closures shall be approved in writing by Owner. All roads shall be opened at the end of each workday. C. Not more than one cross street shall be temporarily closed at any time unless prior written authorization is granted by Engineer. 1.10 ADVISORIES TO THE PUBLIC A. Contractor shall provide adequate signage on affected streets to notify the public of the anticipated start and completion dates for work on each street within the project area. Variable message boards or temporary signs complying with MUTCD requirements shall be used. Contractor shall also provide separate notification of specific dates and time periods when each street, driveway or section of street will be closed to all traffic. 1.11 SIGNS, LIGHTS, AND DEVICES A. All signs, lights, barricades, and use of flaggers shall conform to the requirements set forth in the Manual on Uniform Traffic Control Devices by the Federal Highway Administration. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01570-1 FWE #2158 2022 Waterline Replacement Temporary Controls Contract Documents (March 2022) SECTION 01570 TEMPORARY CONTROLS PART 1 – GENERAL 1.01 SUMMARY A. Information for appropriate controls and safety measures for environment, erosion, water resources, and cultural resources. 1.02 ENVIRONMENTAL POLLUTION A. Maintain all work areas within and outside the project boundaries free from environmental pollution, which would be in violation of any federal, state, or local regulations. B. Give special attention to the effect of Contractor’s operations upon surroundings. Take special care to maintain natural surroundings undamaged. 1.03 WATER RESOURCES A. Perform Work not to create conditions injurious to fish or to their habitat, or which would make water unsuitable for private, municipal, or industrial use. B. Take special measures to prevent chemicals, fuels, oils, grease, bituminous materials, waste washings, herbicides, insecticides, lime, wet concrete, cement, silt, or organic or other deleterious material from entering waterways. C. If waste material is dumped in unauthorized areas, remove material and restore area to condition of adjacent, undisturbed area. 1. If necessary, excavate contaminated ground and disposed of as directed by Engineer and replace with suitable compacted fill material with surface restored to original condition. 2. Dispose of waters used to wash down equipment in a manner to prevent their entry into a waterway. 1.04 EROSION CONTROL A. Contractor shall provide temporary erosion control work as required by local agencies and Project permits during the life of the Contract. This work is intended to provide prevention, control, and abatement of water pollution/erosion within the limits of the project, and to minimize damage to the work, adjacent property, streams, and other bodies of water. 1. Temporary erosion control accommodations shall conform with the Nevada Contractor’s Field Guide for Construction Site Best Management Practices, latest edition. 2. If the Project work will disturb more than one acre, an NDEP Construction Stormwater Permit is required for the Project. The Contractor shall adhere to the requirements of the Permit mandated Stormwater Pollution Prevention Plan ---PAGE BREAK--- Town of Minden 01570-2 FWE #2158 2022 Waterline Replacement Temporary Controls Contract Documents (March 2022) 3. If an NDEP Construction Stormwater Permit is not required for the Project, the Contractor shall develop and adhere to an erosion control plan which conforms with the requirements of the Nevada Contractor’s Field Guide for Construction Site Best Management Practices, latest edition. B. Contractor shall maintain the erosion control measures and facilities in proper condition such that they will individually and collectively perform the functions for which they were designed. To ensure the effectiveness and proper maintenance of the measures and facilities, the Contractor shall make periodic inspections at sufficiently frequent intervals to detect any impairment of the structural stability, adequate capacity, or requisites of the herein approved measures and facilities that might impair their effectiveness. The Contractor shall take immediate steps to correct any deficiencies found to exist. C. Temporary erosion control will be required for all finished slopes and surfaces within 48 hours of the stoppage of construction activities and/or 24 hours prior to a precipitation event. If the Owner determines that water pollution and/or erosion could occur due to seasonal limitations, the nature of the material, or the Contractor’s progress, temporary water pollution/erosion control measures shall be taken immediately. D. Clearing and grubbing operations shall be so scheduled and performed that grading operations and erosion control features can follow immediately. If the project conditions do not permit this scheduling, temporary water pollution/erosion control measures will be required between successive construction stages. E. Repair and reestablish grades to the specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction. F. Stabilize all slopes, channels, ditches or any disturbed area as soon as possible after the final grade or final earthmoving has been completed. 1. Maintain any erosion and sedimentation control facility required or necessary to protect areas from erosion during the stabilization period. 2. Provide Visqueen sheeting and/or erosion control matting, properly anchored, to control erosion of cut or fill slopes and related construction. G. Upon completion of the project, stabilize all areas that were disturbed by the project to prevent accelerated erosion. The Contractor shall coordinate temporary water pollution/erosion control work with permanent drainage and erosion control work as required by the Nevada Contractor’s Field Guide for Construction Site Best Management Practices or to ensure that effective and continuous water pollution/erosion control is maintained during the construction of the Project. 1. The Owner may require the Contractor’s operations to be scheduled so that permanent erosion control features will be installed concurrently with or immediately following grading operations. H. Compliance with the requirements of this section shall not relieve the Contractor from his responsibility to comply with other provisions of the Contract. ---PAGE BREAK--- Town of Minden 01570-3 FWE #2158 2022 Waterline Replacement Temporary Controls Contract Documents (March 2022) 1.05 CONSTRUCTION NOISE CONTROL A. Conduct all work as necessary so that no noise emanating from the process or any related tool or equipment will exceed legal noise levels. B. Use appropriate construction methods and equipment, and furnish and install acoustical barriers as necessary. C. Equip all internal combustion engines in vehicles and construction equipment with effective mufflers. 1.06 OIL SPILL PREVENTION AND CONTROL A. Prevent, contain, and clean up the spilling of oil, fuel, and other petroleum products used in Contractor’s operations. B. Discharge of oil from equipment or facilities into State waters or onto adjacent land is not permitted under State water quality regulations. C. At a minimum, take the following measures regarding oil spill prevention, containment, and cleanup: 1. All land-based oil and products storage tanks shall be diked or located so as to prevent spills from escaping to the water. 2. Diking and subsoils shall be lined with impervious material to prevent oil from seeping through the ground and dikes. D. Emergency Spill Response Notification: 1. Under state law, NDEP must be notified when any amount of regulated waste or hazardous material that poses an imminent threat to life, health, or the environment is released to the air, land, or water, or whenever oil is spilled on land or to waters of the state. The spiller is always responsible for reporting a spill. Failure to report a spill in a timely manner may result in enforcement actions. If you are not responsible for a spill, making the initial notification does not make you liable. However, please consult with NDEP’s response team before attempting any type of response or cleanup. Also notify Owner and Engineer. 2. If oil or hazardous materials are spilled to state waters, the spiller must notify both federal and state spill response agencies. The federal agency is the National Response Center at 1- [PHONE REDACTED]. For state notification, call the NDEP Spill Reporting Hotline at 1-888-331- 6337. A NDEP spill responder will normally call reporting party back to gather more information. The agency will then determine its response actions. Also notify Owner and Engineer. 1.07 AIR POLLUTION CONTROL A. Do not discharge smoke, dust, or other contaminants into the atmosphere that violate the regulations of any legally constituted authority. ---PAGE BREAK--- Town of Minden 01570-4 FWE #2158 2022 Waterline Replacement Temporary Controls Contract Documents (March 2022) B. Furnish all labor, equipment, and means required wherever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance to persons living in or occupying buildings in the vicinity. Required dust control measures may include hourly passes with a water truck or fixed sprinkling systems. C. Comply with specific requirements of air quality control laws. D. Perform corrective measures for damage resulting from dust originating from the work. E. Continue dust abatement measures until relieved of further responsibility by the Owner. 1.08 ARCHAEOLOGICAL OR CULTURAL RESOURCES A. Work is subject to the provisions of laws and regulations pertaining to the preservation of archaeological and cultural resources. B. In the event that any archaeological or cultural resource is uncovered during the work, all work shall cease until an inspection and evaluation of the site has been made by an archaeologist to ensure that archaeological data are properly preserved. Notify Owner who will in turn notify the proper authorities and arrange for inspection and evaluation. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01590-1 FWE #2158 2022 Waterline Replacement Protection of Existing Property and Facilities Contract Documents (March 2022) SECTION 01590 PROTECTION OF EXISTING PROPERTY AND FACILITIES PART 1 – GENERAL 1.01 SUMMARY A. Protect and maintain all underground or aboveground utilities and structures affected by the Work; all lawns, shrubs, trees, fences, rockeries, etc.; and parking strips or private property crossed by or adjacent to the site. B. Repair and restore damage to the satisfaction of Owner. C. Related Sections 1. Section 01570 – Temporary Controls 1.02 PROTECTION OF PROPERTY AND EXISTING FACILITIES A. Provide protections necessary to prevent damage to private, County, State, and Federal property and facilities. B. Provide protections necessary to prevent damage to structures, foundations, hardscape, streets, walls, etc. resulting from addition or removal of water, vibration or shaking from explosives or compaction effort, foundation undermining, or any other activities which may cause damage. 1.03 PROTECTION OF EXISTING UTILITIES A. Make all arrangements necessary for the protection of utilities and services where Contractor’s operations could cause damage or inconvenience to railway, telephone, television, power, oil, gas, water, sewer, irrigation systems, or other utility or service. B. Locate all utilities that may interfere with or be damaged by the Work. C. Neither Owner nor Engineer shall be responsible to Contractor for damages because of the Contractor’s failure to protect utilities encountered in the Work. D. Replace existing utilities or structures removed or damaged by Contractor during construction, unless otherwise provided for in these Contract Documents. 1.04 NOTICE TO UNDERGROUND UTILITIES LOCATE SERVICE A. In accordance with NRS 455 and NAC 455, call 811 for underground utility locate service before beginning Work. 1.05 PROTECTION OF TREES AND VEGETATION A. Protect existing trees and other vegetation indicated to remain in place against cutting, breaking or skinning of roots, skinning and bruising of bark, or smothering of trees by stockpiling ---PAGE BREAK--- Town of Minden 01590-2 FWE #2158 2022 Waterline Replacement Protection of Existing Property and Facilities Contract Documents (March 2022) materials within dripline. Provide necessary temporary guards to protect trees and vegetation to remain in place. B. Make every effort to minimize damage and cutting major tree roots during excavation operations. Provide protection for larger tree roots exposed or cut during excavation operations. 1.06 PROTECTION OF SURVEY MONUMENTS A. Preserve all existing Federal, State, County and private survey monuments, unless unavoidable due to requirements of Work. When it is unavoidable to disturb these monuments, notify Engineer at least two weeks in advance of the proposed Work in order that Engineer will have ample opportunity to reference these monuments for later replacement by Contractor. B. Replaced or reset monuments shall be of acceptable type and quality, placed in a manner consistent with recognized engineering and surveying practices. 1.07 REPAIR OF DAMAGED WORK OR PROPERTY A. Repair or replace or arrange for the repair or replacement of all such damage to roads, highways, ditches, bulkheads, walls, bridges, culverts, utilities, barricades, lights, or other property, caused by Contractor, whether such damage be at the site or caused by transporting or hauling to or from the site to the satisfaction of the Owner. B. Any material damaged by the Contractor’s operations shall be replaced with new material unless otherwise approved by Owner. C. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in execution of Work, or in consequence of non-execution of Contractor, restore, or have restored at Contractor’s expense, such property to a condition similar and equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring same, or make good damage or injury in some other manner acceptable to Engineer. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01720-1 FWE #2158 2022 Waterline Replacement Field Surveying Contract Documents (March 2022) SECTION 01720 FIELD SURVEYING PART 1 – GENERAL 1.01 SUMMARY A. Work includes all professional survey services necessary for complete layout and construction staking of the proposed Work by the Contractor. 1.02 SURVEY CONTROL A. Vertical and horizontal datum are based on the coordinates and benchmarks shown on the Drawings or as provided by the Owner prior to the start of construction. The Contractor shall locate and protect Owner furnished control points prior to starting the Work and preserve control points during construction. The Contractor shall re-establish all control points disturbed by its operations at no cost to Owner. B. The Contractor shall be responsible for the preservation of all existing survey monuments or permanent benchmarks. Any monuments or benchmarks disturbed or destroyed by Contractor shall be referenced and replaced by a licensed land surveyor at no cost to Owner. A corner record or record of survey, as appropriate, shall be filed by the licensed land surveyor as required by the NRS with the appropriate local government agencies. C. All other survey work needs for construction shall be the sole responsibility of the Contractor at no cost to Owner. 1.03 UTILITY DATA A. Utility information shown on the Drawings is the best available data. The Contractor is responsible for obtaining the services of a locating company for location of utilities throughout the project. B. Many utilities may in fact be abandoned utilities. The Contractor must confirm with the Owner’s maintenance staff on the status of utilities. C. Location of all utilities shall be pothole located at the point of connection. Vertical control data shall be recorded for concurrence with connection to the sewer main. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 EXAMINATION A. Identification: Verify location of benchmarks and control points provided by the Engineer. ---PAGE BREAK--- Town of Minden 01720-2 FWE #2158 2022 Waterline Replacement Field Surveying Contract Documents (March 2022) B. Verify layout information shown on the Drawings in relation to the property survey and existing benchmarks before proceeding to layout the Work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval from the Engineer. report lost or destroyed reference points, or requirements to relocate reference points because of necessary changes in grades or locations. 2. notify Engineer if project control points are destroyed. 3.02 PERFORMANCE A. Work from lines and levels established by the field survey. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. 2. As construction proceeds, check every major element for line, level, and plumb. END OF SECTION ---PAGE BREAK--- Town of Minden 01770-1 FWE #2158 2022 Waterline Replacement Closeout Procedures Contract Documents (March 2022) SECTION 01770 CLOSEOUT PROCEDURES PART 1 – GENERAL 1.01 SUMMARY A. Key tasks that must be completed to close out this Contract. B. Related Sections 1. Section 00620 – Contractor’s Application for Payment 2. Section 00625 – Certificate of Substantial Completion 3. Section 01780 – Record Drawings 4. Section 01999 – Project Forms 1.02 SUBSTANTIAL COMPLETION A. Contractor shall complete all the work within the time designated in the Agreement unless modified by Change Order or the Certificate of Substantial Completion. B. Should the Owner or Engineer consider that Work is not Substantially Complete: 1. Owner shall notify the Contractor in writing stating reasons thereof. 2. Contractor shall complete Work and send subsequent written notice(s) to Owner and Engineer certifying that Work or designated portion of the Work is Substantially Complete. C. Contractor shall submit all warranty certificates at the time of application for Substantial Completion. The guarantee and warranty periods begin with the date of Final Acceptance. However, in connection with any specific equipment certified by the Owner as completed and its use or operation thereof for its intended purpose is assumed by the Owner, the warranty period for such equipment shall begin with the beginning date of such use or operation. 1.03 FINAL CLEANING A. Final Cleanup of Pipelines: 1. Final cleanup work shall be completed as closely behind the Work as it is physically possible to do. 2. Unless otherwise specifically provided in writing only those portions of the completed Work will be included in the partial pay estimates where, in the Owner’s or Engineer’s opinion, the cleanup work has been satisfactorily completed. 3. Refer to specific sections for detailed requirements for cleanup of pipelines. B. General Cleanup: ---PAGE BREAK--- Town of Minden 01770-2 FWE #2158 2022 Waterline Replacement Closeout Procedures Contract Documents (March 2022) 1. Before Final Acceptance, the Contractor shall remove and obliterate, insofar as feasible, all objects or disturbances of the ground that mar the landscape and were caused by his operations, whether or not part of the improvement. 2. Rubbish, excess materials, temporary structures, and discarded equipment shall be removed and disposed of daily. 3. Fill holes and grade to smooth land contours. Shape ends of cuts and fills to fit adjacent terrain. 4. Hand rake disturbed areas to remove loose objects including rock and clods in excess of 2 inches in any dimension. 5. Sweep pavement, curb and gutter, sidewalks and driveways. 1.04 FINAL INSPECTION A. Final inspection shall be conducted in accordance with the Contract. 1.05 FINAL SUBMITTALS A. The Contractor, prior to requesting final payment, shall obtain and submit the following items to the Engineer, as applicable: 1. Final Record Drawings 2. Written guarantees, where required. 3. Technical Manuals and instructions. 4. Maintenance stock items; spare parts; special tools. 5. Completed and approved record documents. 6. Certificates of inspection and certificates of acceptance by local governing agencies. 7. Releases from all parties who are entitled to claims against the subject project, property, or improvement pursuant to the provisions of law. 8. Release form from all property owners for which the Contractor has made agreements. 1.06 FINAL PAYMENT A. Submit final pay request to Owner in accordance with the Contract. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01780-1 FWE #2158 2022 Waterline Replacement Record Drawings Contract Documents (March 2022) SECTION 01780 RECORD DRAWINGS PART 1 – GENERAL 1.01 SUMMARY A. Requirements and procedures for Record Drawing preparation, updates, review, and submittal. 1.02 DEFINITIONS A. Record Drawings refer to those documents maintained and annotated by the Contractor during construction and are defined as: 1. A neatly and legibly-marked set of Contract Drawings showing the final as-built location and size of piping, equipment, electrical conduits, outlet boxes, cables, panels, and any other major elements of the Work. 2. Additional as-built documentation, such as schedules, lists, drawings, standard details, and electrical and instrumentation diagrams included in the Contract Documents or Shop Drawings. 3. Contractor as-built layout and installation drawings. 1.03 RECORD DRAWING REQUIREMENTS A. Unless otherwise specified, Record Drawings shall be full size and maintained in a clean, dry, and legible condition. B. Record documents shall not be used for construction purposes and shall be available for review by the Engineer during normal working hours at the Contractor’s field office. C. At the completion of the Work, prior to final payment, completed Record Drawings shall be submitted to the Engineer. The Contractor is responsible for submission of the completed Record Drawing set for all portions of the Work including those portions performed by subcontractors. The Record Drawing submitted will be rejected unless all Contract Drawings and all disciplines are included. Submit original with color markup as described below. D. Marking of the Drawings shall be kept current and shall be done at the time the material and equipment is installed. E. Changes shall be made to the Record Drawing when items are installed 0.25 feet horizontal or 0.1 feet vertically or more from the location designated on the Contract Drawings. F. Annotations to the record documents shall be made with an erasable colored pen or pencil conforming to the following color code: 1. Additions/Modifications: Red. 2. Deletions: Green. ---PAGE BREAK--- Town of Minden 01780-2 FWE #2158 2022 Waterline Replacement Record Drawings Contract Documents (March 2022) 3. Comments: Blue. G. Legibly mark to record actual depths and slopes, horizontal and vertical location of underground raceways, cables, and appurtenances referenced to permanent surface improvements. H. The Contractor’s Record Drawings will be reviewed by the Engineer for completeness prior to preparing the progress estimate for payment. If the Record Drawings do not reflect the work performed, a portion of the payment for that item of work will be withheld from the progress estimate. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION ---PAGE BREAK--- Town of Minden 01785-1 FWE #2158 2022 Waterline Replacement Guarantees Contract Documents (March 2022) SECTION 01785 GUARANTEES PART 1 – GENERAL 1.01 SUMMARY A. This Section defines Contractor responsibilities and procedures to guarantee the equipment and facilities installed under this Contract. Requirements of this specification do not release the Contractor from fulfilling those requirements as stated in Supplementary Conditions of this Contract. Specific guarantees above and beyond the basic one-year guarantee are indicated in the technical specification sections. B. Related Sections 1. Section 00700 – General Conditions 2. Section 01999 – Project Forms 1.02 GUARANTEE REQUIREMENTS A. For a period of 365 consecutive calendar days, commencing on the guarantee start date (but commencing only as to such portions of the Work so possessed or used), the Contractor shall, upon the receipt of notice in writing from the Owner or Engineer, correct any defective Work. 1. If the defective Work cannot be corrected, or if the corrected Work has been rejected by the Owner or Engineer, the Contractor shall remove it from the site and replace it with non-defective Work, all at no cost to the Owner. 2. The Owner is hereby authorized to make such corrections if, ten days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the corrections or removal/replacement with due diligence. 3. In case of an emergency where, in the opinion of the Owner, delay could cause serious loss or damage, corrections, or replacement may be made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with such corrections or replacement, including costs for professional services, will be charged to the Contractor. This guarantee shall be extended for a period equal to the time of correction or replacement. B. Acceptance of the work shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. C. The guarantee provided in this section shall be in addition to those specific guarantee or warranty requirements for particular equipment and/or work items indicated in the Specifications, and in addition to any other rights or remedies available to the Owner under this Contract or at law. ---PAGE BREAK--- Town of Minden 01785-2 FWE #2158 2022 Waterline Replacement Guarantees Contract Documents (March 2022) 1.03 DETERMINATION OF GUARANTEE DATES A. As required in Section 00700 – General Conditions. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 DOCUMENTATION A. Guarantee dates as required in Section 00700 – General Conditions shall be recorded and submitted to the Owner or Engineer on the Guarantee Documentation Form as provided in Section 01999 – Project Forms. B. The guarantee information shall be documented by specification section, in the same order as presented in the Operations and Maintenance manuals. C. Vendor information, including point-of-contact, company name, company address, and company emergency telephone number, shall be included for applicable equipment and components of the facility. 3.02 GUARANTEE RESPONSE A. The Owner or Engineer or appointed representative shall be the point-of-contact for response to guarantee-related problems during the one-year guarantee period. The Owner or Engineer shall evaluate the problem and initiate the guarantee response by the appropriate vendor or contractor. B. For special guarantees extending beyond the one-year guarantee period, Owner personnel shall contact the appropriate vendor directly as identified on the Guarantee Documentation Form. C. Upon notification of need for guarantee response, the Contractor shall provide written notification to the Owner initiator, indicating scheduled time of response so that Owner maintenance personnel may be scheduled to be on hand to provide assistance and witness the repair. Guarantee work may only be undertaken on Mondays through Fridays, from 8:00 a.m. to 5:00 p.m., unless the Owner gives express written consent for the performance of the work at other times. D. Items requiring guarantee response within the one-year guarantee period shall have a completely new guarantee period established from the time of repair. The Contractor shall provide written verification of the newly established guarantee period to the Owner or Engineer upon completion of the repair. END OF SECTION ---PAGE BREAK--- Town of Minden 01999-1 FWE #2158 2022 Waterline Replacement Project Forms Contract Documents (March 2022) SECTION 01999 PROJECT FORMS PART 1 – GENERAL 1.01 SUMMARY A. Information and use of forms that will be used during the performance of Work. 1.02 FORMAT A. The forms listed below will be used for performance of the Work as indicated. This is not a complete listing of all required forms. The Contractor shall properly complete all forms required by the Contract Documents or the Project Manager. The Project Manager shall review and approve all submitted forms. If submitted forms are not acceptable, the Contractor shall resubmit forms in an acceptable format. 1. Substitution of forms by Contractor may occur upon review and approval of Project Manager prior to use. B. Electronic Versions: Forms will be provided in either Microsoft Word, Microsoft Excel, or PDF format. 1.03 FORMS A. Application for Payment (EJCDC Form) B. Weekly Quantity Installed Certification Form C. Change Order (EJCDC Form) D. Submittal Transmittal E. Guarantee Documentation Form F. Certificate of Substantial Completion (EJCDC Form) G. Release and Certificate of Payment H. Testing Results Transmittal ---PAGE BREAK--- Town of Minden 01999-2 FWE #2158 2022 Waterline Replacement Project Forms Contract Documents (March 2022) PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01 COMPLETING FORMS A. All documents are to be filled out by the Contractor using the format provided by the Project Manager. It is at the discretion of the Project Manager if other forms or formats will be accepted. 3.02 SIGNING FORMS A. Original hand-written signatures are acceptable for all documents. The Contractor is to fill out the document either digitally or legibly prior to signing the hard copy. B. Use of digital signatures will be discussed and agreed upon before use. END OF SECTION ---PAGE BREAK--- EXHIBIT C Exhibit C – Technical Specifications Page 1 Technical Specifications ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 02255-1 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) SECTION 02255 SHORING PART 1 – GENERAL 1.01 SUMMARY A. This section covers requirements for design, construction, maintenance, and removal of temporary shoring, sheeting, and bracing systems. The work includes, but is not limited to, structural support of excavations, trenches, and embankments greater than 4 feet in depth necessary for protection of personnel and existing or recently constructed facilities and utilities. B. Related Work 1. Section 00700 – General Conditions 2. Section – 02315 Excavation and Backfill 1.02 DEFINITIONS A. Temporary Shoring: An assembly of structural elements to support earth materials. Temporary shoring includes, but is not limited to, shoring, sheeting, bracing, and underpinning. B. Existing Facility: A structure, utility, or constructed element that exists at the start of construction and is not shown on the contract drawings to be demolished. This definition also applies to recently constructed facilities or utilities that are constructed under this Contract. C. Engineered Temporary Shoring: Shoring that is designed by the Contractor. These structures shall be designed by a Structural Engineer registered in the State of Nevada to meet, as a minimum, the requirements of this Specification and Contract Drawings. 1.03 SUBMITTALS A. Shoring Plan describing shoring materials and techniques proposed for project use and safety guidelines and procedures to be followed. B. Design Submittals for shoring of excavations 20 feet and greater in height 1. The Contractor shall submit his plans for shoring and sloping to the Engineer for review at least three weeks prior to commencement of work. No excavation shall be started until the Engineer has reviewed the shoring system. The design submittals shall include the following items: a. Design calculations shall be prepared by a Structural Engineer registered in the State of Nevada and include design criteria, analysis assumptions, construction sequence requirements, and detailed design of each system, structural elements, and connection. Calculations shall be submitted in bound volumes that include the responsible structural engineer’s signed seal on the title page. ---PAGE BREAK--- Town of Minden 02255-2 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) b. Detailed excavation support drawings (working drawings), showing all pertinent dimensions, spacing, and relationships among the components of the trench support system, as well as construction sequence and scheduling. c. Detailed utility and structure support drawings where necessary. 2. Shop Drawings: a. Shop fabrication details for all fabricated structural steel members and connections. b. Lagging details. c. Concrete reinforcing details. 3. Monitoring Program: A proposed program shall be submitted for monitoring temporary shoring system movements. The submittal of the program shall include location of survey points, proposed frequency of measurements, and other pertinent information. 4. Records of Monitoring Program: Records of the monitoring program shall be submitted as proposed in program submittal approved by Engineer. 5. Method of drilling soldier piles, including method or technique for handling obstructions, if applicable. 1.04 STANDARD SPECIFICATIONS, CODES AND ORDINANCES A. OSHA: Occupational Safety and Health Administration: Part 1926, Subpart P, “Excavations.” B. Standard Specifications for Public Works Construction, “Trench Excavation and Backfill”. 1.05 SAFETY A. The Contractor is solely responsible for protection of personnel and existing facilities and utilities and for ensuring compliance with all applicable laws and regulations. B. Responsible Competent Person: The Contractor shall have in the shoring work area during all phases of construction, a competent person capable of identifying hazards, anomalies, conditions that differ from the shoring design assumptions, and other factors that would indicate the possibility of hazardous or dangerous conditions in the work area. The responsible person shall have the authority to stop all work when such conditions are identified. C. All temporary construction and incidental items associated with shoring construction such as, but not limited to, lighting, barricades, fences, ladders, work platforms, ramps, and roadways shall conform to the applicable reference codes and regulations. 1.06 QUALITY ASSURANCE A. The Contractor is solely responsible for quality assurance of temporary shoring. At a minimum, the Contractor shall continually verify that the shoring is planned, executed, and maintained in accordance with applicable codes and regulations and good construction practice. ---PAGE BREAK--- Town of Minden 02255-3 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) B. The Contractor shall institute as a part of shoring construction a quality assurance program at each shoring location. The program shall include, but not be limited to, systematic observation of suitability of shoring materials, installation, excavation, groundwater control adjacent construction activities, and other factors. C. The responsible Engineer for engineered temporary shoring shall verify at critical stages of shoring construction that the actual construction is in accordance with the Contractor prepared plans. D. Installation procedures for instrumentation shall be as recommended by the manufacturer. 1.07 EXISTING CONDITIONS A. Additional geotechnical information that may be desired by the Contractor shall be obtained by the Contractor at the Contractor’s sole expense. B. The Contractor shall make its own interpretations, deductions and conclusions as to the nature of the materials to be excavated, the difficulties of making and maintaining the required excavations, and the difficulties of doing any other work affected by geotechnical conditions, and shall accept full responsibility therefore. C. Reference drawings shall be used to determine extent, characteristics, and loading conditions of existing facilities for design of temporary shoring systems. Building weights, surcharges, design live loads, and liquid loadings among others shall be developed by the Contractor for use in temporary shoring design. D. The Contractor shall and before such conditions are disturbed, notify the Engineer in writing of any subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract and which could not reasonably have been anticipated by the Contractor. This notice shall be made within ten days of discovery of such condition. No claims of the Contractor under this clause will be allowed unless the Contractor has provided the required notice. E. If the Engineer finds there are subsurface or latent physical conditions that differ materially from those indicated in the Contract and that could not reasonably have been anticipated by the Contractor and that such conditions cause an increase or decrease in the Contractor’s cost of or time required for performance of work, a change order incorporating the necessary revisions shall be prepared in accordance with Article 10 of the General Conditions and submitted to the Owner for approval. If the Engineer finds there are no such subsurface or latent physical conditions, or if no decision has been made in writing within ten days of the written notice of conditions above (which 10th day shall be deemed the date on which the Engineer denied the claim), the Contractor must submit a claim documenting its costs in accordance with Article 10 of the General Conditions and in a manner and level of detail satisfactory to the Engineer and Owner. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. F. This paragraph shall not be construed or interpreted to allow claims by the Contractor for physical conditions ordinarily to be encountered or generally recognized as inherent in the work. ---PAGE BREAK--- Town of Minden 02255-4 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) 1.08 DESIGN REQUIREMENTS A. Engineered temporary shoring shall be designed in accordance with the requirements of these Specifications, which include, but are not limited to, geotechnical, design, and review considerations. Other shoring or bracing shall be planned in accordance with applicable codes and good construction practice. B. Shoring shall be designed and constructed to withstand all soil and hydrostatic loading that might occur during various stages of construction and for any surcharge loading caused by equipment loads and loads from material or soil stockpiles. The Contractor shall be responsible for determination of proper load distributions caused by such activities and shall assure that those conditions are not exceeded in the field during construction. C. The design, planning, installation, and removal of all sheeting, shoring, sheet piling, lagging, and bracing shall be accomplished in such a manner as to maintain the required excavation of trench section and to maintain the undisturbed state of the soils below and adjacent to the excavation. 1. The Contractor shall design sheeting, shoring, and bracing in accordance with 305 and Federal OSHA Safety and Health Standards Section 2207. D. Horizontal strutting below the barrel of a pipe and the use of pipe as support are not acceptable. E. When the construction sequence of structures requires the transfer of bracing to completed portions of any new structure or to any existing structure, the Contractor shall provide the Engineer with a complete design analysis of the expected impact of that bracing on the structure. This action shall in no way absolve the Contractor of responsibility of damage resulting from said bracing. 1.09 PROTECTION OF EXISTING FACILITIES A. Protect existing and new buildings and structures and active sewer, water, gas, electricity, and other utility services. B. Coordinate the nature and extent of such protection with the owners of the building, structures, and utilities. 1.10 RESTORATION OF EXISTING FACILITIES A. Contractor shall restore all existing facilities damaged, destroyed, or altered by soil movements resulting from temporary shoring movements or nonperformance, at Contractor’s own expense. B. Proposal shall be submitted by the Contractor to define the character and extent of the Contractor’s proposed restoration work when requested by the Engineer. Actual restoration work shall be as directed by the Engineer and may or may not include any or all of the Contractor’s proposal. ---PAGE BREAK--- Town of Minden 02255-5 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) PART 2 – PRODUCTS 2.01 MATERIALS FOR SHORING A. All materials for temporary shoring shall conform to the requirements of these Specifications and any specifications, notes, or requirements contained on the Contractor’s submittals or Contractor- prepared designs for temporary shoring. Materials may be new or used, but they should be in good serviceable condition, free of defects and other strength-reducing deficiencies. PART 3 – EXECUTION 3.01 GENERAL A. The construction of sheeting, shoring, and bracing shall not disturb the state of soil adjacent to the trench or excavation and below the excavation bottom. Sheeting, shoring, and bracing shall be removed after placement and compaction of initial backfill, except as noted otherwise. B. The design, planning, installation, and removal of all lagging, sheeting, shoring, sheet piling, and bracing or moveable trench box system shall be accomplished in such a manner as to maintain the undisturbed state of the soils. C. Sheeting and shoring systems shall be selected and installed so as to avoid damage to adjacent properties and improvements. 3.02 PROTECTION OF EXISTING FACILITIES A. Care must be taken to minimize settlements and displacements of existing facilities by providing appropriate shoring systems and strict adherence to suitable construction practices for that Contractor proposed shoring systems. B. The causes of the detrimental movements or excessive settlements must be identified by the Contractor. Corrective measures must be proposed to and approved by the Engineer before further work. 3.03 OBSTRUCTIONS A. Obstructions and other impediments to drilling and excavation should be considered a possibility within the Limits of Construction. If, during the course of work, obstructions are encountered, the Engineer should be immediately notified. Corrective measures must be proposed to and approved by the Engineer before further work. 3.04 REMOVAL OF SHORING A. Shoring may be removed only if public safety is maintained, completed work is protected, existing facilities are protected, and adequate steps are taken to prevent damage to facilities or personnel during removal. At a minimum, remove the upper portion of all shoring systems down at least 5 feet below finish grade, unless otherwise indicated. Voids created by removal of piles, sheeting, or lagging shall be filled with the backfill materials shown on the Drawings at or adjacent to the shoring area. ---PAGE BREAK--- Town of Minden 02255-6 FWE #2158 2022 Waterline Replacement Shoring Contract Documents (March 2022) B. Should the Engineer order that any shoring be left in place, the Contractor shall not remove the same, but will receive payment for the materials left in place on a unit basis if such be in the Contract or at the market value thereof if there be no such unit price. END OF SECTION ---PAGE BREAK--- Town of Minden 02315-1 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) SECTION 02315 EXCAVATION AND BACKFILL PART 1 – GENERAL 1.01 SUMMARY A. This section includes the following in support of utilities and associated structures construction: 1. Preparing subgrades. 2. Utility trench excavation and backfill. 1.02 SPECIFIC STANDARDS A. The specific reference standard for this work will be the current Standard Specifications for Public Works Construction 1.03 DEFINITIONS A. Trench – An excavation in which the depth is greater than the width of the bottom of the trench. B. Foundation – Material on which pipe bedding or the structure is to be directly placed. C. Bedding – Granular material that pipe or structure rests. D. Initial Backfill: 1. No groundwater encountered. Material from the bedding to 12 inches above the top of the pipe. 2. Groundwater encountered. Material from the bedding to 12 inches above level of the groundwater prior to dewatering. E. Final Backfill – Material from top of initial backfill to top of trench. F. Unsuitable Materials: Organic matter such as peat, mulch, organic silt or sod; expansive clays; material containing excessive moisture; poorly graded coarse material; material with particle sizes greater than 4 inches; material that will not achieve density and/or bearing requirements; construction debris; and frozen material. G. Fine Grained Soils. More than 40 percent by weight passing the number 200 sieve and a plastic index lower than 15. H. Clay Soils. More than 40 percent by weight passing the number 200 sieve and a plastic index greater than 15. I. Granular Soils. Those not defined as Fine Grained or Clay Soils. J. Rippable Rock. Fractured rock that can be excavated and trenched using conventional excavation techniques. ---PAGE BREAK--- Town of Minden 02315-2 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) K. Bedrock. Material that cannot be excavated economically with conventional excavation techniques including a large excavator with the aid of a hoe ram or a single tooth ripper on a large bulldozer. L. Borrow: Satisfactory soil imported from off site for use as fill or backfill. M. Conventional Excavation Techniques. Common excavation equipment including, but not limited to, hoe excavators, scrapers, loaders, bulldozers, bulldozers with ripper(s), and hoe rams, etc. N. Relative Compaction. Relative compaction is defined as the ratio, in percent, of the as- compacted dry density to the laboratory maximum dry density. The laboratory maximum dry density is defined in accordance with ASTM D1557, latest edition. O. Well Graded. Well graded as used in this section defines a mixture of soil particle sizes that have no specific concentration or lack thereof of one or more sizes. Well graded is used to help define a material that, when properly compacted, produces a strong and relatively incompressible soil. 1.04 SUBMITTALS A. General: Follow the procedures specified in Section 01330 – Submittal Procedures. B. Submit copies of each load delivery ticket of imported material delivered to the jobsite. Ticket shall identify tonnage. C. Perform and submit sample analysis for each type of import material to demonstrate proper specification compliance. No import material will be accepted or approved by the Owner without above submittals prior to delivery to jobsite. D. Submit each/all soil materials and compaction density testing reports to the Owner immediately following completion of each test. E. Certificates: NDOT pit certification for each pit. F. Gradation curve test reports for each import material at least 15 working days prior to use of material. G. Gradation and moisture density compaction curve test reports for each import material at least 15 working days prior to use of material. H. Dewatering Plan (if necessary) in accordance with Section 02240 Dewatering. 1.05 QUALITY CONTROL ASSURANCE A. Soils and Backfill: Moisture density standard ASTM D1557 or AASHTO T-180 method unless otherwise specifically approved. B. In-place Density Determination: Sandcone Method ASTM D1556 or Nuclear Method ASTM D2922. 1. Foundation and Embankment Under Structures and Backfill Zone Around the Structure’s Wall and Other Embankment: For each 1 foot of vertical embankment or backfill height, ---PAGE BREAK--- Town of Minden 02315-3 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) conduct one test for each 3,000 square feet, or two tests total for each 1 foot of height, whichever is greater. 2. Foundation and Embankment Under Pipelines: For each 1 foot of vertical embankment or backfill height, conduct one test for every 500 feet along the pipeline or as determined by Owner or Engineer. C. Classification of Soils: ASTM D2487. D. On-site quality control monitoring of trench backfill materials and construction shall be by certified independent laboratory approved by the Owner. E. A geotechnical consultant will identify areas requiring overexcavation and backfill and review excavated material to determine its suitability as backfill material. F. Testing Tolerances. 1. Percent Compaction: Not less than as specified on Plans or in these Specifications. 2. In-Place Moisture Content: As required to achieve minimum specified compaction. 3. Soft or Yielding Surfaces: Regardless of percent compaction obtained by test, areas that are soft and yield (pumping) under the load of construction equipment are to be removed and replaced at no additional cost. G. See Section 01450 – Testing Laboratory Services for Contractor soil testing responsibilities. 1.06 PROJECT CONDITIONS A. Verification of Site Conditions: Both prior to bidding and before commencing site work, the Contractor will be expected to visit and inspect all areas of the project site. Examine and note all conditions pertaining to the work involved so that earthwork may be executed in an orderly and careful manner with due consideration for surrounding areas, structures, vegetation, soil conditions, and all other site conditions which will directly impact the work. B. Contractor shall provide all construction and subsequent removal of all shoring and cribs that may be necessary for protection of existing structures, excavation, removal, construction of structures, placement, and compaction of fill material. 1.07 SITE SAFETY A. All trenching, excavations, shoring, etc., shall be performed in compliance with Chapter 618 NAC “Occupational Safety and Health”, as well as other applicable local, State and/or Federal regulations. All work shall also comply with the requirements contained in these Specifications. B. Protection of Persons and Property: Barricade and cover all open excavations and post with warning lights, signs, barrier tape or a combination of such measures to warn workers and park patrons of unsafe conditions and protect them from harm. Open trenches shall, in all cases, be marked by a sufficient number of flashing lights and barriers during hours of darkness. Ensure that all open trenches are properly barricaded, covered, and flagged at the end of each working day before vacating the jobsite. ---PAGE BREAK--- Town of Minden 02315-4 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) C. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movements, undermining, washout, and other hazards created by earthwork operations. 1.08 LAYOUT OF WORK AND SURVEYING A. Construction staking shall be per Section 01720 – Field Surveying. 1.09 DELIVERY, STORAGE, AND HANDLING A. Stockpiling: Stockpile materials on-site within grading area, staging area, designated fill sites, and at locations approved by the Owner. B. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. C. Maintain toe of material at least 6 feet from edges of trenches and excavations. Pile so surface water is prevented from flowing into excavations. Provide free access to fire hydrants and access roadways. PART 2 – PRODUCTS 2.01 SOIL MATERIALS A. Unsuitable materials not to be incorporated in the work: 1. Organic matter such as peat, mulch, organic silt or sod. 2. Expansive clays. 3. Material containing excessive moisture. 4. Poorly graded coarse material. 5. Material with particle sizes greater than 4 inches. 6. Material that will not achieve density and/or bearing requirements. 7. Construction debris. 8. Frozen material. B. Native Material 1. Selected native soils excavated from the site may be utilized as backfill material for nonstructural embankments, structural fill, and general backfill areas with the approval of the Owner and meets the requirements under Import Materials. 2. All materials deemed unsatisfactory for embankments or backfills will be disposed of off site by the Contractor. Native material excavating and wasting shall be considered incidental to the bid price. ---PAGE BREAK--- Town of Minden 02315-5 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) 3. The Owner retains the right to reject and have removed, at no additional cost, any/all excavated soil material placed as backfill material without the prior approval of the Owner for use of said soil in any particular application. 4. All materials considered to be excavation debris shall be loaded and hauled from the site to a Contractor provided disposal site at no additional cost. Such debris shall include all roots, buried logs, and all other nonsoil type debris exposed during earthwork operations. 2.02 IMPORT MATERIALS A. Structural Fill shall meet the requirements of Section 200.01.09. B. Pipe Zone Bedding Material for all utilities shall meet the requirements of Section 200.03.02 (Class A Backfill). C. Foundation material to replace unsuitable material excavated from the bottom of trenches shall meet the requirements of 200.01.07 (Select Natural Base). D. Class A Trench Backfill (3/8” minus aggregate) shall meet the requirements of Section 200.03.02. E. Class E Trench Backfill minus aggregate) shall meet the requirements of Section 200.03.06. F. Cement Slurry Pipe Encasement: Trench Slurry Backfill shall meet the requirements of Section 200.02.06.01, Type II cement, minimum 186 lbs. per cubic yard, fine concrete aggregate, per 200.05.04, 100 psi. min. 28-day compressive strength. Sufficient water to produce a fluid workable mix that will flow and can be pumped without segregation of the aggregate during placement. Machine mixed at time of placement. 2.03 UTILITY WARNING TAPE A. Utility warning tape shall be APWA color-coded detectable underground marking tape. The width of the tape shall be as recommended by the manufacturer based on depth of installation. Tape shall be plastic-encased metallic foil tape capable of being located by a metal detector. Message and coding shall be per APWA Standards and shall be as follows: ---PAGE BREAK--- Town of Minden 02315-6 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) Table 02315-1:Underground Marking Tape Message and Color Coding Message Color Coding CAUTION: ELECTRIC LINE BURIED BELOW Red CAUTION: WATER LINE BURIED BELOW Blue CAUTION: SEWER LINE BURIED BELOW Green CAUTION: RECLAIMED WATER LINE BURIED BELOW Purple CAUTION: TELEPHONE LINE BURIED BELOW Orange CAUTION: CATV LINE BURIED BELOW Orange B. Provide new continuous warning tape for each type of utility installed. Also provide new replacement warning tape for utilities encountered and replace any/all damaged sections of existing warning tape for those utilities. Should no warning tape exist on encountered utilities, provide a section of new tape at the crossing. 2.04 LOCATOR WIRE A. Electrical wire used for locating a buried utility shall be solid or stranded copper, AWG 12. Insulation shall be Type USE Chemically Cross Linked Polyethylene or Type PF, and shall be listed by a Nationally Recognized Testing Laboratory. Each conductor shall be color coded per APWA Standards, as noted in Table 02315-1 above. B. Low voltage splices shall be made with direct bury splice kit using twist-on wire connector and inserted in a waterproof polypropylene tube filled with a silicone electrical insulating gel or heat- shinkable insulating tubing. Heat-shrinkable insulation tubing shall consist of a mastic-lined heavy-wall polyolefin cable sleeve. 2.05 WASTE MATERIALS A. Foreign materials, buried rubble, abandoned pipes, and native soil materials that cannot be processed to uniform moisture and texture necessary to meet material specifications and to achieve specified densities shall be disposed of by the Contractor at an appropriate waste site. Waste sites shall be provided by the Contractor. PART 3 – EXECUTION 3.01 EXAMINATION A. Verify that all work preliminary to this section has been performed in accordance with the plans and these specifications prior to beginning trench excavation and backfill operations. B. Sawcut, remove and dispose of existing pavements per Section 02740 – Flexible Pavement. 3.02 WORK SEQUENCE A. Notify Owner of any discrepancies between contractual requirements and site conditions prior to start of Work. ---PAGE BREAK--- Town of Minden 02315-7 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) B. Plan and coordinate all construction to reduce sediment and subsequent pollution. The Contractor shall employ all means as may be required to ensure that silts and construction debris do not migrate from the construction site limits. Failure to halt the migration of construction debris, mud, silts, and related pollutants to outside of the construction limits, shall be cause for suspension of work until pollution control devices are remade, repaired, lengthened or strengthened as required to properly manage the site discharge. C. Maintain backfill subgrade zones or lifts open until approval of testing is secured from Owner. Any work covered up prior to approval shall be excavated and reconstructed at Contractor’s expense. 3.03 SPOIL AREA A. Dispose of any surplus excavated material outside of the designated spoils area at no additional cost to the Owner. Disposal of surplus materials in the selected area shall meet all local codes and ordinances and comply with all permits. No spoils shall be left overnight in the project area. Clean up is required daily. 3.04 STOCKPILING NATIVE MATERIALS FOR REUSE A. Material suitable for reuse on site shall be deposited in approved, protected, maintained piles separate from other materials and readily available. Upon completion, all material storage areas shall be restored to substantially their original condition. 3.05 EXCAVATION A. Perform all excavations of every description and of whatever substances encountered to the depths indicated on the Plans, including excavation required by the Owner of compacted fill for the purpose of performing tests. Use open cut excavation methods unless otherwise shown on the Plans or approved by the Owner. B. Maintain trench walls as vertical as possible except as required by safety standards and for that required for sheeting and shoring. C. Over-excavation. 1. Unauthorized Over-excavation. Fill and compact excavation beyond the specified trench dimensions, at the contractor’s expense, with adjacent trench bedding and or backfill materials. 2. Rock. Excavate rock encountered in trench to provide a minimum of six inches of bedding below the pipe and the width of the pipe at the springline. D. Unsuitable Material. Over-excavate unsuitable material to a depth determined by the Owner to provide required uniform and stable support. In no case shall the over excavation be less than 18 inches. Backfill the over excavation with foundation material and compact. E. Grading and Stockpiling. 1. Grade in the vicinity of the trench to prevent surface water from flowing into the trench. Remove any water accumulated in the trench by pumping or by other approved methods. ---PAGE BREAK--- Town of Minden 02315-8 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) Stockpile excavated material in an orderly manner a sufficient distance back from the edges of the trench to avoid overloading and to prevent slides or cave-ins. 2. Excavate topsoil and stockpile separately. Replace topsoil upon completion of backfill to the elevation and grade indicated on the Plans. Failure to stockpile topsoil separately will result in the addition of soil amendments as required for revegetation at no additional expense to the Owner. F. Shoring and Bracing shall be per Section 02250 – Temporary Shoring. G. Open Trench 1. Maximum Length: The maximum length of the open trench in the aggregate at any one location is not to exceed 200 feet. The trench is considered open until fill is completed to adjacent finish grade elevation. 2. Trenches within local roadways: Complete backfill of trench in street right of way at the end of each workday. Apply temporary asphalt cold patch or steel plates at the end of each work day and maintain cold patch in accordance with 3.07.B.2 until final paving is complete. No trench shall be left open in any street right of way overnight. 3. Temporary Provisions: Furnish and install trench bracing and steel plating required to provide safe and convenient vehicular and pedestrian passage across trenches where required. Maintain access to emergency facilities at all times. 3.06 FOUNDATION, BEDDING, BACKFILLING AND COMPACTION A. Moisture Conditioning: Moisture condition all bedding and backfill materials by aerating or wetting to achieve the moisture content required to obtain the minimum percent compaction. Mix until the moisture content is uniform throughout the material. In lieu of moisture conditioning native soils, import materials meeting all specifications may be used at no additional expense to the Owner. Import materials shall be moisture conditioned as required to achieve the required relative percent compaction. No additional payment will be made for moisture conditioning, import or native materials. B. Compaction: 1. Compaction Methods: Water consolidation, water jetting or rubber tired tractor wheel rolling will not be allowed. 2. Compaction densities shall be as noted in the following table: ---PAGE BREAK--- Town of Minden 02315-9 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) Table 02315-2: Foundation, Bedding, Backfill – Lift Thickness and Compaction Material Backfill Type Max. Lift Thickness, Inches Compaction Method Compaction Requirement Foundation Material Select Natural Base 8 Vibratory trench compactor 90% Pipe Embedment Class A Backfill 8 Vibratory trench compactor 90% Class E Backfill, Native or Imported Granular Material 8 Vibratory sheepfoot or trench wheel compactor 90%, 95% of top 6 inches where no aggregate base required Trench Backfill Materials Class A Backfill 8 Vibratory trench compactor 90% or 95% per plans C. Foundation: 1. Excavate the trench bottom to the depth and width as shown on the Plans. 2. Foundation material shall be placed when soils in the trench bottom are soft or yielding. It is anticipated that foundation material will be necessary in all areas where groundwater is present. 3. Remove all loose, disturbed material from the bottom of the trench such that the foundation or bedding material will rest on uniform, firm, undisturbed soil. 4. Moisture condition, place, and compact foundation material to the depth below the pipe as indicated on the Plans. D. Bedding: 1. Moisture condition, place, and compact bedding material to the bottom of the pipe elevation. 2. Accurately grade the bottom of the trench to provide uniform bearing and support for each section of pipe at every point along its entire length. E. Initial Backfill: Hand compact initial backfill around pipe haunch with a hand compactor (J-bar) or a mechanical vibratory compactor sized to fit the narrow width between the trench wall and pipe. Give special attention to provide compaction effort in the important haunch zone. F. Cement Slurry Pipe Encasement: Provide pipe support as required by ensure minimum thickness of encasement is achieved around the pipe. Place in uniform manner that will prevent voids in or segregation of the backfill and will not float or otherwise shift the pipe. Foreign material, which may fall into the trench prior to or during placement, shall be removed immediately. Backfilling ---PAGE BREAK--- Town of Minden 02315-10 FWE #2158 2022 Waterline Replacement Excavation and Backfill Contract Documents (March 2022) over or placing any material over slurry cement backfill shall not commence until 4 hours after the slurry cement backfill has been placed, except that when concrete sand is used for the aggregate and the in-place material is free draining, backfilling may commence as soon as the surface water is gone. G. Trench Slurry Backfill. Construct per Section 305.01.03.10.02.02. Where required by the Owner, or as submitted to the Engineer and approved for use, Trench Slurry Backfill may be substituted for structural backfill. 3.07 BACKFILL FOR VALVES, MINOR STRUCTURES, AND OTHER APPURTENANCES A. Backfill appurtenances and structures as shown on the Plans. Where not clearly indicated, the backfill, including bedding, lift thickness and compaction, shall be identical to the adjacent trench detail. 3.08 BURIED WARNING AND IDENTIFICATION TAPE A. Place tape to depth indicated on the plan, centered over pipe. 3.09 FIELD QUALITY CONTROL A. Testing Agency: A qualified independent testing and inspecting agency shall perform field tests and inspections and to prepare test reports. B. Allow testing agency to test and inspect subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. 3.10 PROTECTION AND DISPOSAL A. Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Where settling occurs before project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. C. Disposal of Excess Suitable Material: Shall be hauled and deposited in areas as shown on the Plans or agreed upon with Owner. D. Disposal of Excess Unsuitable Material and Debris: Remove all unsuitable material, debris, trash and waste, and dispose of it at a Contractor provided disposal site in strict accordance with all local codes, ordinances and regulations. END OF SECTION ---PAGE BREAK--- Town of Minden 02510-1 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) SECTION 02510 WATER DISTRIBUTION PART 1 – GENERAL 1.01 SUMMARY A. This section includes water-distribution piping and specialties including piping, valves, and fittings. B. Hydrostatic pressure testing of water facilities. C. The work shall include the furnishing of all labor, tools, equipment, materials and performing all operations required to provide a complete item in accordance with the project Drawings and these Specifications. 1.02 SUBMITTALS A. Submittals shall be per Section 01330 – Submittal Procedures. B. Product data for the following: 1. Water Mains 2. Fittings 3. Valves and Appurtenances C. Field quality control test reports. D. Operation and maintenance data for the following: 1. Valves 1.03 STANDARDS A. The following Standards are incorporated in these Specifications: 1. The specific reference standard for this work will be the current Standard Specifications for Public Works Construction 2. “AWWA Standards,” American Water Works Association, Denver, Colorado, Latest Edition. 1.04 REFERENCE STANDARDS AND SPECIFICATIONS A. This section references the appropriate American Water Works Association Standards relating to gate valves; manufacturing, linings, coatings, pipe joints, and fittings for Ductile Iron and PVC water pressure pipe and miscellaneous pipe and fittings. The Standards are a part of this Section as specified and modified, and shall reflect each Standard's latest edition. ---PAGE BREAK--- Town of Minden 02510-2 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 1. Ductile Iron (DI) Pipe and Fittings: a. C104/A21.4: Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water b. C105/A21.5: Polyethylene Encasement for Ductile-Iron Pipe Systems c. C110/A21.10: Ductile-Iron and Gray-Iron Fittings d. C111/A21.11: Rubber Gasket Joints for Ductile-Iron Pressure Pipe and Fittings e. C115/A21.15: Flanged Ductile-Iron Pipe with Ductile-Iron or Gray-Iron Threaded Flanges f. C150/A21.50: Thickness Design of Ductile-Iron Pipe g. C151/A21.51: Ductile-Iron Pipe, Centrifugally Cast, for Water h. C153/A21.53: Ductile-Iron Compact Fittings i. C600: Installation of Ductile-Iron Water Mains and Their Appurtenances 2. Polyvinyl Chloride (PVC) Pipe: a. AWWA C605: Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water b. AWWA C900: (PVC) Pressure Pipe and Fabricated Fittings c. AWWA C905: (PVC) Pressure Pipe and Fabricated Fittings, 14 in. through 48 in d. ASTM D1784: Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds e. AWWA M23: AWWA Manual of Supply Practices PVC Pipe – Design and Installation, Second Edition 3. Polyethylene (PE) Service Pipe: a. C901: Polyethylene (PE) Pressure Pipe and Tubing, 1/2 in through 3 in, for Water Service 4. Valves: a. C509: Resilient-Seated Gate Valves for Water Supply Service b. C504: Rubber-Seated Butterfly Valves c. C512: Air Release, Air/Vacuum, and Combination Air Valves for Waterworks Service d. C515: Reduced-Wall, Resilient-Seated Gate Valves for Water Supply Service ---PAGE BREAK--- Town of Minden 02510-3 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) e. C550: Protective Epoxy Interior Coatings for Valves and Hydrants 5. Tapping Sleeves a. C223: Fabricated Steel and Stainless Steel Tapping Sleeves 6. Disinfection of water mains: a. C651: Disinfecting Water Mains. 1.05 QUALITY ASSURANCE A. Regulatory Requirements: 1. Comply with standards of authorities having jurisdiction for potable-water service piping, including tapping of water mains, backflow prevention, materials, installation, testing, and disinfection. 2. Comply with standards of authorities having jurisdiction for fire suppression, including materials, hose threads, installation, and testing. B. Piping materials shall bear label, stamp, or other markings of specified testing agency. C. NSF Compliance: 1. Comply with NSF-14 for plastic potable-water service piping. 2. Comply with NSF-61 for materials for water service piping and specialties for domestic water. 1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Pipe and related materials shall be manufactured, fabricated, handled, loaded, shipped, unloaded, and stored in such a manner as to be undamaged and in sound condition. B. Products with visible damage are subject to rejection. C. Store pipe, fittings, valves, and appurtenances off ground using sound wood blocks placed on stable foundation or using other appropriate means. Allow space between rows, individual pieces and bundles with clearance below and above to allow full view for inspection purposes. 1. Store in well-drained area away from brush and accessible for inspection. 2. Do not stack pipe higher than recommended by pipe manufacturer. 3. Keep interior of pipe and fittings free from dirt or other foreign matter. 4. Keep spigot ends of pipe clean and clear for dimensioning purposes. 5. Store gaskets for mechanical and push-on joints in a cool dark place at all times until ready for use. ---PAGE BREAK--- Town of Minden 02510-4 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 6. Do not place excavated or other material over or against stored material. 7. For PVC pipe: a. Store so pipe does not deform or bend. b. Pipe stored outdoors or otherwise exposed to direct sunlight shall be covered with canvas or other opaque material with provisions for adequate air circulation. D. Unload and handle materials with crane, backhoe, or equipment of adequate capacity, equipped with appropriate slings or padding to protect materials from damage. E. Repair or replacement 1. Repair damages or defects following approved manufacturer's recommendations. 2. Remove and replace materials deemed not repairable at no cost to the Owner. PART 2 – PRODUCTS 2.01 GENERAL A. Pipe sizes are nominal inside diameter unless otherwise noted. B. Materials delivered to the job site shall be new, free from defects, and marked to identify the material, class, and other appropriate data, such as thickness for piping. C. Acceptance of materials shall be subject to strength and quality testing in addition to inspection of the complete product. Acceptance of installed piping systems shall be based on inspection and leakage tests as specified in this section. D. Corrosion protection shall be provided for all buried pipe, fittings, nuts and bolts, valves, and appurtenances constructed with ferrous metals. 1. Polyethylene encasement shall be provided for all ductile iron pipe, fittings and valves. a. Polyethylene encasement material shall be cross linked high density polyethylene minimum 4 mils thickness. b. Base color shall be white with black colored text stating polyethylene encasement material properties. c. Overlap of encasement wrap shall be a minimum of one foot and shall be secured with adhesive tape or similar method. d. The polyethylene encasement shall be terminated at least two feet past a joint or fitting and shall be securely taped to the pipe. 2. Nuts and bolts for flange and mechanical joint connections shall be coated with corrosion resistant Tripac 2000 coating as specified in Section 2.06. ---PAGE BREAK--- Town of Minden 02510-5 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 3. Nuts and bolts for all other appurtenances (couplings, bell restraints, etc.) shall be 304 stainless steel. 4. The bodies of all appurtenances shall be of corrosion resistant materials or shall have corrosion protective coating. 2.02 POLYVINYL CHLORIDE (PVC) PIPE A. Polyvinyl chloride pipe shall meet or exceed the most current version of AWWA C900 and be purchased from an approved manufacturer. 1. Materials used in the manufacture of PVC pipe shall comply with the B. Each section of pipe and fittings shall be clearly marked as required by the C. PVC pipe shall be Pressure Class 165, DR25. D. Pipe shall be furnished in of 20 feet. E. Installation of PVC pipes shall be in compliance with these Specifications, the and the most current version of AWWA C605. 1. If there is a conflict, the more conservative shall apply. 2. Contractor shall consult with the Engineer in the event of a conflict. F. PVC pipe shall have elastomeric-gasket bell ends meeting the requirements for transmission pipe provided in ASTM D3139. 1. Joints shall be push-on designed for joint assembly using elastomeric seals (gaskets), mechanical joint with thrust restraint, or restrained joints as indicated in the Drawings. 2. PVC gaskets and lubricants shall be made from materials that are compatible with the plastic material and with each other when used together. a. Gaskets and lubricants shall be suitable for use in potable water systems and shall not support the growth of bacteria. b. One gasket shall be furnished with each length of elastomeric-gasket bell-end pipe. c. Gaskets shall conform to the requirements of ASTM F477. G. Fittings for PVC pipe shall be ductile iron. H. Restrained joints for pipe shall be by a bell restraint harness for C900 PVC pipe bells. 1. 4”-12” pipe - Restraint harness shall be EBAA Series 1600, Romac 611 Series, or approved equal. ---PAGE BREAK--- Town of Minden 02510-6 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 2.03 DUCTILE IRON (DI) PIPE A. Ductile iron pipe shall meet or exceed the most current version of AWWA C151 and be purchased from an approved manufacturer. B. Each section of pipe and/or appurtenance shall be clearly marked as required by C. DI pipe shall be Pressure Class 350. D. Pipe shall be furnished in of 18 or 20 feet. E. Pipe shall be polyethylene encased. F. Installation of DI pipes shall be in compliance with these Specifications, and the most current version of AWWA C600. 1. If there is a conflict, the more conservative shall apply. 2. Contractor shall consult with the Engineer in the event of a conflict. G. DI water pipes shall have standard asphaltic pipe coating on the exterior and a standard thickness cement-mortar lining on the interior in accordance with AWWA C104. 1. Coatings (internal and external) shall be applied per the manufacturer’s recommendations. 2. Unlined pipe and fittings shall not be used. H. DI pipe shall be flanged, push-on, mechanical joint, restrained joint, or plain end, as noted on the Drawings. 1. DI pipe with flanged ends shall conform to AWWA C115 for Class 125 ANSI B16.1 flanges. 2. Mechanical joint ends shall comply with AWWA C111. a. Mechanical joints shall be furnished with a ductile iron follower gland and bolts with each joint. Restraining devices shall be provided where restrained joints are called for. 3. Rubber gasket push-on joints shall comply with AWWA C111. I. Restrained joints for pipe shall be provided by either restraint glands for mechanical joint pipe, restraint gaskets for push-on joints or restrained push-on joints with locking segments. 1. Restraint gaskets shall be U.S. Pipe Field Lok joint restraint or approved equal. 2. Restrained push-on joints shall be U.S. Pipe TR Flex or approved equal. J. Gaskets ---PAGE BREAK--- Town of Minden 02510-7 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 1. Gaskets shall be of such size and shape to provide an adequate compressive force against the plain end and socket after assembly to affect a positive seal under all conditions of joint and gasket tolerances. 2. The size, mold number, gasket manufacturer's mark/name, the trademark of the joint, country of origin, and year of manufacture shall be molded on the gaskets. Markings shall not be on the sealing surfaces. 3. One gasket shall be furnished with each length of pipe. 4. Lubricant, where required, shall be nontoxic, shall not support the growth of bacteria, and shall have no deterioration effects on the gasket material nor shall it impart taste or odor to water in a pipe. The lubricant shall be delivered to the site in unopened, sealed containers labeled with the trademark or trade name and the pipe manufacturer's name. 5. Flange Gaskets a. Gaskets for flanged joints shall be full-face type styrene butadiene rubber (SBR) elastomer per AWWA C111. b. Flanged gaskets shall be the high-performance type satisfying the special requirements of AWWA C111 Appendix C, Section C.2, and have a minimum of one bulb type ring molded into both faces of the gasket. 6. Mechanical Joint Gaskets a. Mechanical joint gaskets shall be made of vulcanized styrene SBR in accordance with AWWA C111. 2.04 DUCTILE IRON (DI) FITTINGS A. Ductile iron fittings shall meet or exceed the most current version of AWWA C110 or AWWA C153 as applicable and be purchased from an approved manufacturer. B. Each fitting shall be clearly marked as required by C. Fittings shall have a standard asphaltic coating on the exterior and a standard thickness cement mortar lining on the interior in accordance with AWWA C104. D. Fittings and accessories shall be furnished with flanged, push-on or mechanical ends in accordance with the Drawings. E. Restrained joints for mechanical joint fittings shall be by ductile iron restraint glands. 1. For fittings connecting to ductile iron pipe, restraint glands shall be EBAA Iron Series 1100 Megalug or approved equal. 2. For fittings connecting to C900 PVC pipe, restraint glands shall be EBAA Iron Series 2000PV Megalug or approved equal. ---PAGE BREAK--- Town of Minden 02510-8 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) F. Rated working pressure shall be 350 psi. 2.05 WATER SERVICE PIPE AND FITTINGS A. Water Service Lines: Water service lines 2 inches in diameter or less shall meet the requirement of AWWA C901, IPS SDR 11, 160 psi, high-density polyethylene PE4710 conforming to a minimum cell classification of PE 445574C per ASTM 3350, and be per Section 203.16.03.02.01 (Potable Water). B. Joining system shall be by butt-fusion and electrofusion techniques. C. Insert Fittings for PE Pipe: ASTM D2609, made of PA, PP, or PVC with serrated, male insert ends matching inside of pipe. Include bands or crimp rings. D. Molded PE Fittings: ASTM D3350, PE resin, socket- or butt-fusion type, made to match PE pipe dimensions and class. 2.06 FLANGE AND MECHANICAL JOINT T-HEAD BOLTS AND NUTS A. Flange Bolts and Nuts. 1. Bolts and nuts shall be carbon steel with a minimum of 60,000 psi tensile strength conforming to ASTM A307, Grade A. 2. Bolts shall be standard ANSI B1.1, Class 2A coarse threads. 3. Nuts shall conform to ASTM A563 and be standard ANSI B1.1, Class 2A coarse threads. 4. Bolt heads and nuts shall be hexagonal. 5. Identification of the head of the bolt shall be: A 307 A. B. Mechanical Joint T-Head Bolts and Nuts. 1. Bolts and nuts shall be weathering steel with a minimum yield strength of 45,000 psi, conforming to ASTM A242. 2. T-Head bolts and nuts shall be threaded in accordance with ANSI B 1.1, Class 2A coarse threads. 3. Heavy hex nuts shall be used. 4. Bolt heads shall be in accordance with the dimensions of AWWA C111. C. Finish. 1. Flange bolts and nuts, and mechanical joint T-Head bolts and nuts, shall be finished with the TRIPAC 2000 blue coating system to significantly reduce the effects of corrosion, or equal. ---PAGE BREAK--- Town of Minden 02510-9 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 2. A multi-step process shall be utilized to chemically clean, abrasive blast, and prime with zinc/nickel phosphate primer prior to application of the xylan fluoropolymer. Wear resistance (K-Factor) shall be in the range of 6 to 8 (excellent) and minimal effects should be seen after a 3,000-hour salt spray test conforming to ASTM B 117. 3. Bolts and nuts finished with the TRIPAC 2000 blue coating system do not require coating with mastic. 2.07 GATE VALVES (3 THROUGH 12 INCHES) A. Gate valves shall be resilient seated wedge type, fusion bonded epoxy external and internal surfaces conforming to AWWA C550, ductile iron or cast iron body design, non-rising stem (NRS) valves. B. The design pressure shall be 250 psi cold water working pressure. C. Valve stem operation shall be counterclockwise to open. The valves shall comply with AWWA C509 or C515, latest revision. D. Ends shall be designed for direct connection to the type of pipe which the valve is joined to, or as indicated on the Drawings. 1. Flanged ends and drilling shall comply with ANSI B16.1, Class 125. 2. Mechanical Joint ends shall comply with AWWA C111. E. Buried gate valves shall be equipped with standard 2-inch operating nuts. F. Extensions shall be provided to ensure the operating nut is no more than 4 feet from the finished grade. 1. Valve stem extensions shall be Fiberplas Stem Extensions by Pipeline Products or approved equal. G. Gate valves located in vaults shall be equipped with handwheels, unless otherwise noted on the Drawings. H. Gate valves 3-inches through 12-inches shall be Mueller A-2361. 2.08 VALVE BOXES A. Valve boxes with covers shall be provided for buried valves as detailed in the Drawings. 1. Valve boxes shall be traffic-rated, Christy G-5 or approved equal, minimum 10-inch inside diameter. 2. Cast iron lid marked “WATER” shall be used. B. Conductor pipe for valve risers shall be 6-inch or 8-inch diameter PVC water pipe (C900) and extend a minimum of 6-inches into valve can. ---PAGE BREAK--- Town of Minden 02510-10 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 1. Conductor pipe shall be plumb and centered on valve stem. 2.09 COMBINATION AIR RELEASE AND AIR VACUUM VALVES A. Combination air release and air vacuum valves shall be capable of: 1. Venting large quantities of air while pipelines are being filled and allowing air to re-enter while pipelines are being drained. 2. Venting air accumulations from pipeline high points while main is in service and under pressure. B. Air and vacuum valves shall be of the size shown on the Drawings, with flanged or screwed ends to match piping. C. Air Release Valves 1. Air-release valves shall vent accumulating air while system is in service and under pressure and be of the size shown on the Drawings. 2. Air release valves shall meet the same general requirements as specified for air and vacuum valves except that the vacuum feature will not be required. D. Bodies shall be of high-strength cast iron or stainless steel. E. The float, seat, and all moving parts shall be constructed of Type 316 stainless steel. F. Seat washers and gaskets shall be of a material insuring water tightness with a minimum of maintenance. G. Valves shall be designed for a minimum 250 psi water-working pressure, unless otherwise shown or specified in the Contract Documents. H. Manufacturers 1. APCO AVC Combination Air Valves, AVV Air/Vacuum Valves, ARV Clean Water Air Release Valve or approved equal. 2.10 FLANGE COUPLING ADAPTERS A. Flange coupling adaptors shall meet the requirements of AWWA C219. B. Sleeve material shall be carbon steel with NSF-61 registered fusion-bonded epoxy coating. C. Bolts and nuts for buried service applications shall be Type 304 stainless steel. D. Flanged coupling adapters shall be designed specifically for the pipe material/size and application and shall install with a maximum of one bolt on the compression end. E. Flange coupling adapters shall be: ---PAGE BREAK--- Town of Minden 02510-11 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 1. Romac RFCA Series or EBAA Iron Series 2100 Megaflange for ductile iron pipe. 2. Romac RFCA PVC Series or EBAA Iron Series 2100 Megaflange for PVC pipe. 3. Approved equal. 2.11 COUPLINGS AND SLEEVES A. Couplings shall meet the requirements of AWWA C219 and be rated for 200 psi. B. Sleeve material shall be carbon steel or Ductile Iron with NSF-61 registered fusion-bonded epoxy coating. C. Gaskets shall be resilient material coupling gaskets approved for water applications. D. Followers and middle rings shall be fusion-bonded epoxy coated per NSF-61. E. Bolts and nuts for buried service shall be Type 304 stainless steel. F. Castings shall be Ductile Iron conforming to ASTM A536, Grade 65-45-12. G. Clamping bolts and nuts shall conform to ANSI B 18.2.2. H. Restraining rods shall conform to AWWA C111. I. Pipe sleeves shall be Ductile Iron long style compact fitting, MJ x MJ with restrained glands at each end, conforming to AWWA C153. J. Flexible couplings shall be Romac 501, or approved equal. K. Reducing and transition couplings shall be installed where pipe of dissimilar size and/or material are to be joined at the locations shown on the Drawings. 1. Reducing couplings shall be Romac Style RC501, or approved equal. 2. Transition couplings shall be Romac Style 501, or approved equal. 2.12 SERVICE SADDLES A. For mainlines 14” to 24”, saddles shall be ROMAC 305 Stainless Steel Service Saddle for expanded pipe ranges, or approved equal. See plans for additional product information. B. For mainlines 30” and greater, saddles shall be Ford Triple Band Stainless Steel Saddle FS333- 32-5-TAP, or approved equal. C. For mainlines 2” to 12” and services ¾” and 1” in size, saddles shall be ROMAC 101NS or 202NS, or approved equal. D. For mainlines 2” to 12” and services 1.5” or 2” in size, saddles shall be ROMAC 202NS, or approved equal. Service saddles shall be of the size specified on the Drawings. ---PAGE BREAK--- Town of Minden 02510-12 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 2.13 COMPRESSION COUPLINGS AND ADAPTERS FOR SERVICE LINE CONNECTIONS A. Compression couplings and adaptors for connecting new IPS HDPE service lines to existing service line or meter setters shall be quick joint couplings as manufactured by the Ford Meter Box Company, Inc., Mueller 110 compression connections, or approved equal. 2.14 CORPORATION STOPS A. Corporation stops shall be ball valve, brass conforming to AWWA C800 and ASTM B-62, and suitable for a working pressure of 300 psi. B. Inlet end shall be male iron pipe thread (MIP) and outlet end shall be compression connection suitable for connection to IPS O.D. HDPE tubing. C. Corporation stops shall be Mueller 300 ball type corporation valves with Mueller 110 compression connection outlet Model No. B 25029-IPS, or approved equal. 2.15 WATER METER BOXES A. Water meter boxes shall be Mueller Therma-Coil of the size indicated on the Drawings, no substitutions. 2.16 PIT SETTER A. 18-inch Mueller Thermal-Coil Meter Box, Single 1” Meter or approved equivalent. B. Owner will provide the water meter. 2.17 WARNING TAPE AND TRACER WIRE A. Warning tape shall be per Section 02315 – Trench Excavation and Backfill. B. Tracer wire shall be per Section 02315 – Trench Excavation and Backfill. PART 3 – EXECUTION 3.01 GENERAL A. All work shall be completed in conformance with the Standard Specifications for Public Works Construction the appropriate AWWA or ASTM standards referenced earlier, the manufacturer’s requirements, the Drawings, and these Specifications. B. In addition, all work shall comply with the installation requirements of the Uniform Plumbing Code where applicable. C. The Contractor shall not install any pipe when the temperature drops below freezing, nor until trenches have been thoroughly and properly dewatered. ---PAGE BREAK--- Town of Minden 02510-13 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) D. The Contractor shall not install any pipe when, in the opinion of the Inspector, trench conditions are unsuitable. 3.02 LAYOUT A. Construction staking shall be per Section 01720 – Field Surveying. 3.03 TRENCH EXCAVATION, BEDDING, AND BACKFILL A. Perform trench excavation, bedding, and backfill in accordance with Section 02315 – Trench Excavation and Backfill. 3.04 PIPING INSTALLATION A. All pipe shall be installed in conformance with manufacturer’s recommended procedures for the particular pipe being installed. In addition, comply with the installation requirements of the Uniform Plumbing Code. B. Do not install any piping when the temperature drops below freezing nor until trenches have been thoroughly and properly dewatered. C. Pipe shall be firmly and properly bedded and then partially backfilled between pipe joints and valves. D. Pipe ends shall be neatly and squarely cut, all burrs removed, and reamed inside to provide a tight joint and clean, smooth flow line. E. The Contractor shall be responsible for determining appropriate and correct radii of curves in the lines and providing whatever combination of pipe and/or standard and special couplings are necessary for proper completion of the work. No pipe shall be installed under tension. 3.05 PVC PIPE AND FITTINGS A. Pipe installation, including transportation, storage of materials, laying and jointing shall be in accordance with AWWA C900. 1. Pipe ends shall be cleaned of all lumps, blisters, and excess coating. 2. Outside of plain end and the inside of bell shall be wiped clean and dry and be free form dirt, sand, grit, or any foreign material before the pipe is laid. 3. At times when pipe laying is not in progress, open ends of pipe shall be closed by a watertight plug. B. Fittings shall be installed where shown on the Drawings to provide a complete installation. 1. Fittings shall be ductile iron and conform to the requirements of AWWA C110 and be cement-mortar lined per AWWA C104. 2. Restrained joints shall be provided where indicated on the Drawings. ---PAGE BREAK--- Town of Minden 02510-14 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) C. Pipe Joint Deflection. 1. Horizontal and vertical bending of PVC pipe is not permitted; however, a maximum axial deflection of one degree is allowed at each gasketed joint. 2. For a 20-foot pipe length this equates to an 8-inch offset resulting in a minimum deflection radius of 573 feet. 3. This offset and minimum radius also applies to proposed vertical deflection of the pipeline alignment, and to any combination of horizontal and vertical deflection. 4. The allowable deflection in mechanical joint fittings shall be per the manufacturer’s published limits. 3.06 THREADED PIPING INSTALLATION A. Threaded joints shall be made up with approved joint compound applied smoothly and evenly per manufacturer’s directions. All joints shall be made up tight with tongs and wrenches without the use of handle extensions. B. Once a joint has been tightened, it shall not be backed off unless threads are recleaned and new compound applied. Any joints that leak shall be cleaned and remade with new material. Caulking or thread cement to make joints right will not be accepted by the Owner. C. Unions shall be installed in all threaded joint piping to facilitate removal of valves, meters, etc., for maintenance/repair in accordance with accepted trade practice and also in accordance with the Drawings. 3.07 HIGH DENSITY POLYETHYLENE (HDPE) TUBING AND CONNECTIONS A. Connections shall be mechanical fittings providing a pressure seal and resistance to pullout. B. Joints of tubing end to tubing end shall be by mechanical compression fittings. C. Tubing installation shall conform to the Drawings. 3.08 PRESSURE TESTING OF WATER MAINS A. The Contractor shall pressure test portions of a line as it is installed before the entire line is completed. 1. Upon completion of a section of the pipe installation, no more than 1,200 linear feet of water main shall be tested. 2. All parts of the pipeline must be backfilled and braced sufficiently to prevent movement under pressure. 3. Thrust blocks and fittings shall also be subjected to the test pressure. a. Contractor shall allow a minimum of 24 hours for thrust block concrete to set before pressure testing of water mains. ---PAGE BREAK--- Town of Minden 02510-15 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) B. All pressure pipe testing shall be accomplished with water pressure (hydrostatic testing). Air- pressure testing will not be permitted. 1. Water for testing shall be potable and shall be obtained by the Contractor by arrangement with the Owner. 2. A positive displacement type pump shall be furnished by the Contractor for the testing. 3. Feed for the pump shall be from a clean container, wherein the actual amount of “makeup” water can be measured. 4. The line shall be filled slowly, and should occur at the lowest point in the line. 5. Working pressure is approximately 100 psi. Test pressure shall be 1.5 times the working pressure and shall not be less than 1.25 times the working pressure at the highest point along the test section. a. A test pressure of 150 psi is generally sufficient. b. Higher test pressures may be used at the low end of a new system in order to achieve the minimum required test pressure of 125 psi at the highest point of the new system, but in no case shall the test pressure at the low end exceed 165 psi for C900 DR25 pipe, unless a higher test pressure is recommended by the pipe manufacturer. 6. Test pressure shall not exceed pipe, fitting, or thrust restraint design pressures. 7. The hydrostatic test shall be at least 2-hour duration. 8. Test pressure shall not vary more than ± 5 psi for the duration of the test. 9. All pressure testing shall be done under the direct supervision of the Inspector. C. Before applying the specified test pressure, air shall be completely expelled from the sections of piping under test. D. Allowable leakage shall be measured in gallon per hour as defined in AWWA C600 for Ductile Iron pipe and C605 for PVC pipe. E. Pressure testing shall conform to AWWA C600 and C605 Standards for Installation of Ductile Iron and PVC Water Mains and Appurtenances. F. Any leakage caused by defective workmanship or materials shall be repaired, and the line shall again be tested to full compliance at the Contractor’s expense. G. All testing apparatus shall be furnished by the Contractor at his own expense. All work included in pressure testing of the pipeline shall be included in the unit bid price for pipe installation, and no separate payment will be made. H. The hydrostatic test may be performed simultaneously with the chlorine retention period. ---PAGE BREAK--- Town of Minden 02510-16 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 3.09 THRUST RESTRAINT A. All elbows, tees, reducers, and valves shall be provided with thrust restraint. B. The thrust blocks shall be in accordance with the Drawings. C. Thrust blocks shall be made of concrete delivered by an approved supplier. 1. Thrust block concrete shall have a compressive strength of not less than 4,000 psi after 28 days. 2. Bag concrete is not acceptable. D. High-early strength concrete shall be used for thrust blocks at all tie-in, cut and cap and other locations deemed necessary by the Inspector and/or as specified on the Drawings. E. Where restrained pipe joints are indicated on the Drawings, joint restraint shall be provided by TR Flex Ductile Iron pipe and fittings (manufactured by US Pipe), Field Lok restraint gaskets for Ductile Iron Pipe (manufactured by US Pipe), restraint retainer glands for Mechanical Joint Ductile Iron pipe and fittings, or restraining harnesses for push-on bell and spigot for retrofit pipe restraining systems. Restraint glands for PVC pipe on mechanical joint fittings are not allowed unless approved by the Engineer. F. Restrained pipe joints shall be provided on each side of fittings a minimum of two joints on ductile iron pipe, or as indicated on the Drawings. 3.10 CONNECTION TO EXISTING FACILITIES A. Connection to existing water pipelines and customer services are required at the locations noted on the Drawings. B. Contractor shall verify the existing pipe location, depth, and pipe OD of the pipe at connection locations prior to initiating the distribution tap operations or connection to existing water mains. See Potholing below. C. Connection to existing water mains will require isolation of the existing water mains and disruption of water service. Contractor shall coordinate all connections to existing water facilities with the Owner and Engineer. D. Connection to existing steel mains requiring welding shall be done by a qualified welder. No exceptions. E. Existing water customers are to be transferred to the new water mains after testing, disinfection and flushing of the new main. Contractor shall coordinate the transfer of these customers with the Inspector. F. Contractor shall coordinate with the Inspector to ensure that all noted isolation valves are operational prior to initiating work on connection to existing water mains. The Owner valves are to be used to isolate the designated work areas. Do not operate these valves. Coordinate all work on these valves with the Owner. ---PAGE BREAK--- Town of Minden 02510-17 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) G. Contractor shall limit service outages to a minimum. 1. Where service outages are necessary, Contractor shall construct entire assemblies for the connections prior to cutting or tapping into the existing pipeline. This will allow quick installation of the assembly with minimum disruption of service. H. Contractor shall use caution when excavating near the existing live water mains to insure no damage is done. Contractor is responsible for repairs of any damaged facilities caused as a result of excavation incidental to construction of the water facilities. I. All ties to the existing facilities shall conform to the requirements of these Specifications. 3.11 POTHOLING A. Potholing involving exploratory excavation at connection to existing water facilities, marked utility crossings and other areas is required. B. The Contractor will be required to acquire the following information from these investigations: 1. Verification of pipe type, size outside diameter), depth to existing surface and location for all connections to existing water facilities. 2. Verification of type, size, and location for all known utility crossings. 3. List of utilities that will require relocation. 4. Information required for surveying and staking of pipe alignment. C. All potholing shall be completed prior to the start of construction. D. The Contractor shall provide all potholing data to the Owner within 48 hours of completion for each pothole. 3.12 WARNING TAPE AND TRACER WIRE A. Warning tape shall be installed approximately 12-inches above all direct buried water pipe at the top of the pipe zone. B. Tracer wire shall be installed taped to the pipe per the Drawings. 3.13 INCIDENTAL ITEMS A. The Contractor shall furnish all incidental items required to complete the work that is not specifically referred to herein as provided by the Owner. B. Incidental items, which shall be furnished by the Contractor, include but are not limited to potholing, pipe locator tape, tracer wire, flange gaskets, bolts, nuts, pipe coatings, corrosion protection, etc. ---PAGE BREAK--- Town of Minden 02510-18 FWE #2158 2022 Waterline Replacement Water Distribution Contract Documents (March 2022) 3.14 DISINFECTION AND FLUSHING OF WATER MAINS A. See Section 02512 – Disinfection of Water Distribution. 3.15 BACTERIOLOGICAL TESTING OF WATER MAINS A. See Section 02512 – Disinfection of Water Distribution. 3.16 UTILITY CROSSINGS A. Water lines and sewer lines shall be separated as shown in the Drawings, in compliance with NAC 445A.6715 to 445A.6718, inclusive. B. Water lines and sewer lines shall be separated by a 10-foot lateral separation or by a combination of 5-foot lateral separation and 1.5-foot vertical separation. C. Where crossings are required with domestic water and sanitary sewer lines, no joint shall be laid closer to the crossing than one-half the length of a standard length of pipe, and where practical at the crossing, there shall be a 18-inch vertical separation. Where a 18-inch separation between the lines cannot be maintained, the drain line shall be inserted into a 20-foot minimum length of PVC pipe, which will act as a protective “conduit” and keep the exposed drain line joints 10 feet away from the crossed line. The drain line shall be cut as necessary to place a joint at the ends of the conduit, not inside. Where the necessary length of conduit is more than 20 feet, the Contractor shall glue “bridging” pieces to the sewer pipe to prevent sag in the line. END OF SECTION ---PAGE BREAK--- Town of Minden 02512-1 FWE #2158 2022 Waterline Replacement Disinfection of Water Distribution Contract Documents (March 2022) SECTION 02512 DISINFECTION OF WATER DISTRIBUTION PART 1 – GENERAL 1.01 DESCRIPTION The work of this Section includes furnishing all labor, materials, and equipment for disinfection, cleaning, flushing, and bacteriological testing of water mains and appurtenances. 1.02 REFERENCED STANDARDS A. AWWA B300, Hypochlorites. B. AWWA C605, Underground Installation of PVC Pressure Pipe. C. AWWA C651, Disinfecting Water Mains. D. NSF/ANSI 60, Drinking Water Treatment Chemicals - Health Effects 1.03 SUBMITTALS A. Refer to Section 01330 “Submittal Procedures” for general submittal requirements. B. Prior to construction, submit a written disinfection and testing plan covering all Project elements that are to be tested and disinfected. The plan shall cover: 1. Proposed method of fill piping. 2. Proposed disinfection method. 3. Locations and methods for bacteriological sampling. 4. Disposal of chlorinated water in accordance with NDEP regulations. 5. Dechlorination method and procedures (if proposed). 6. Disposal of water used for flushing. 7. Permits (if necessary) for discharge of flushing water. 8. Pressure and leakage test procedures including line segments, fill locations, air release locations, and locations for pressure measurements. 1.04 PERMITS A. Contractor is responsible to obtain, pay for, and conform to the requirements of any permits necessary for disinfection and flushing operations. ---PAGE BREAK--- Town of Minden 02512-2 FWE #2158 2022 Waterline Replacement Disinfection of Water Distribution Contract Documents (March 2022) 1. Required permits may include Nevada Department of Environmental Protection (NDEP) DeMinimus Discharge Permit if discharge exceeds allowable limits of the Construction Stormwater Permit. 1.05 QUALITY ASSURANCE A. Comply with standards and regulations of authorities having jurisdiction for potable-water disinfection, cleaning, flushing, sampling, testing, water discharge, and water disposal. PART 2 – PRODUCTS 2.01 GENERAL A. All chemicals used for the disinfection of water mains shall be NSF60 compliant and listed by NSF. B. A NSF-61 compliant and NSF-listed food-grade adhesive (Loctite AA H3101 or approved equal) shall be used to adhere calcium hypochlorite tablets. The adhesive shall be used without an additional primer product. 2.02 HYPOCHLORITES A. Sodium hypochlorite solution shall be a 12½ percent (weight percent) solution meeting the requirements of AWWA B300. B. Calcium hypochlorite tablets shall meet the requirements of AWWA B300. PART 3 – EXECUTION 3.01 GENERAL A. All pipes that will carry potable water shall be disinfected. B. Piping shall be kept clean during construction by following the preventative and corrective measures in Section 4.3 of AWWA C651. C. Provide at least 48 hours’ notice to the Project Representative prior to beginning pressure testing and disinfection procedures. D. Valve operation shall be coordinated with the Project Representative. The Contractor shall not operate any valves without County approval. E. Water for testing and flushing will be available from the distribution system at no charge to the Contractor. Contractor to coordinate with Owner to determine acceptable location for water connection and must abide by County requirements for connection (air gap or backflow prevention device). F. Water from flushing and testing procedures shall include no detectable chlorine residual when entering a storm drainage system or surface stream. ---PAGE BREAK--- Town of Minden 02512-3 FWE #2158 2022 Waterline Replacement Disinfection of Water Distribution Contract Documents (March 2022) 3.02 DISINFECTION, FLUSHING, AND SAMPLING OF WATER MAINS A. All piping shall be cleaned, flushed, disinfected, and sampled per AWWA C651 requirements. The tablet method shall be the preferred method; however, other methods described in AWWA C651 may be used if approved by the Owner or Engineer or as necessary as a result of conditions which develop during construction. B. If the Tablet Disinfection Method is proposed and approved for use, it is imperative that the pipeline be kept clean and dry during construction in order to ensure proper disinfection of the pipeline and to allow flushing the pipeline. 1. If excessive debris is discovered in the pipeline during disinfection and testing, the Contractor will be responsible for removal of the debris and retesting, flushing, and disinfection of the entire pipeline. 2. Contractor shall be responsible to determine flushing locations for flush water disposal according to all County and NDEP requirements. C. Flushing and disposal of the chlorinated water shall be the responsibility of the Contractor. 1. The water shall be disposed of in a manner conforming to all local, state, and federal regulations. 2. Contractor shall be responsible to develop and employ appropriate flow energy dissipation means and methods to prevent erosion from flush discharge. 3. The Contractor will be required to designate a disposal site or method and shall coordinate the disposal of the chlorinated water with the Owner. 4. If NDEP approved location is not identified, Contractor shall collect flush water in containers for offsite disposal. 5. Disposal of any spent chlorine solutions shall be coordinated with the NDEP Bureau of Water Pollution Control and the Owner. D. All work included in sterilization and testing of the pipeline shall be included in the unit bid price for pipe installation, and no separate payment will be made. E. Bacteriological testing 1. Bacteriological testing is required of all new and depressurized water mains. 2. See Section 01450 – Testing Laboratory Services for Contractor water quality testing responsibilities. 3. Upon completion of a section of the pipe installation, no more than 1,200 linear feet of water main shall be sampled. 4. Results of bacteriological testing are available a minimum of 24-hours after the sample was collected. Absolutely no standby time will be paid to the Contractor during this period. ---PAGE BREAK--- Town of Minden 02512-4 FWE #2158 2022 Waterline Replacement Disinfection of Water Distribution Contract Documents (March 2022) 5. Bacteriological test samples will NOT be collected on Fridays, weekends, observed Holidays, or the day before an observed Holiday, unless authorized by the Owner and Inspector. 6. NDEP Bureau of Safe Drinking Water must grant approval prior to commissioning water mains into system service. 7. Service tie-overs and/or new water services may only be installed after the NDEP Bureau of Safe Drinking Water, County and Engineer have been notified of satisfactory bacteriological test results. 8. Bacteriological testing will be coordinated by the Inspector and the Owner, at no cost to the Contractor. Contractor shall be responsible for subsequent testing if the initial testing fails. END OF SECTION ---PAGE BREAK--- Town of Minden 02740-1 FWE #2158 2022 Waterline Replacement Flexible Pavement Contract Documents (March 2022) SECTION 02740 FLEXIBLE PAVEMENT PART 1 – GENERAL 1.01 SUMMARY A. Work includes all labor, materials, equipment, and services necessary for supply and placement of asphalt concrete pavement. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 01330 – Submittal Procedures B. Section 02315 – Trench Excavation and Backfill 1.03 SUBMITTALS A. Submit in accordance with Section 01330 – Submittal Procedures copies of a report from a testing laboratory verifying that aggregate material and asphalt binder conform to the specified gradations or characteristics. 1.04 STANDARDS A. Standard Specifications for Public Works Construction, current edition, hereinafter referred to as the PART 2 – PRODUCTS 2.01 AGGREGATES FOR BASE COURSES A. Aggregate for base courses for road construction shall meet the requirements of Section 200.01.03 (Crushed Aggregate Base, Type 2, Class B) 2.02 PLANTMIX AGGREGATE A. Residential Streets shall utilize Type 3 Aggregate for asphalt cement in accordance with Section 200.02.03. 2.03 ASPHALT CEMENT PAVEMENT A. Asphalt cement for paving shall be PG 64-28NV in accordance with Section 201.02 for all mixes 1. If lime is not included in submitted mix design, dry tensile strength, tensile strength ratio (TSR) and absorption testing shall be supplied by the contractor for each lot of asphalt paved. ---PAGE BREAK--- Town of Minden 02740-2 FWE #2158 2022 Waterline Replacement Flexible Pavement Contract Documents (March 2022) B. Mix designs for Residential Streets shall consist of 50 blow Marshall mixes and target 3 percent air voids. 2.04 PAVEMENT SECTIONS A. Residential – Match existing or minimum of 3” AC/6” Aggregate Base (whichever is greater), per Douglas County standard details. Maximum AC lift thickness of 2.05 BINDER/TACK COAT A. All saw cut edges and other vertical edges at the limits of paving shall receive a tack coat. Binder or tack coat shall conform to the requirements of Section 316 of the either SS-1 or SS-1h. The use of cutbacks or emulsions that contain solvents shall not be permitted. PART 3 – EXECUTION 3.01 PAVEMENT REMOVAL A. Initially cut asphalt concrete pavement with pneumatic pavement cutter or other equipment at the limits of the excavation and remove the pavement. After backfilling the excavation, saw cut asphalt concrete pavement to the full depth of pavement at a point not less than 12 inches outside the limits of the excavation or the previous pavement cut, whichever is greater, and remove the additional pavement. B. Saw cut concrete pavement, including cross gutters, curbs and gutters, sidewalks, and driveways, to the full depth of pavement at a point 1 foot beyond the edge of the excavation and remove the pavement. If the saw cut falls within 3 feet of an existing concrete joint, remove the concrete to the joint or edge. C. Concrete pavement may initially be cut at the limits of the excavation by other methods prior to removal and the saw cut made after backfilling the excavation. If the saw cut falls within 3 feet of a concrete joint or pavement edge, remove the concrete to the joint or edge. D. Make arrangements for and dispose of the removed pavement. E. Final pavement saw cuts shall be straight along both sides of trenches, parallel to the pipeline alignment, and provide clean, solid, vertical faces free from loose material. Saw cut and remove damaged or disturbed adjoining pavement. Saw cuts shall be parallel or perpendicular to the pipeline alignment or the roadway centerline, unless otherwise shown on Contract Documents. 3.02 SUBGRADE PREPARATION A. Prepare subgrade in accordance with Section 302.02 of the 3.03 PLACING AGGREGATE BASE COURSE A. Place aggregate base course to a minimum thickness as specified for the roadway. Install in accordance with Section 308 of the ---PAGE BREAK--- Town of Minden 02740-3 FWE #2158 2022 Waterline Replacement Flexible Pavement Contract Documents (March 2022) 3.04 COMPACTION OF AGGREGATE BASE AND LEVELING COURSES A. Compaction and rolling shall begin at the outer edges of the surfacing and continue toward the center. Apply water uniformly throughout the material to provide moisture for obtaining the specified compaction. Compact each layer to the specified relative compaction before placing the next layer. 3.05 PLACING TACK COAT A. Apply tack coat to metal, asphalt or concrete surfaces that will be in contact with the asphalt concrete paving. Apply tack coat at the rate of 0.08 to 0.13 gallons per square yard on surfaces to receive finish pavement per 3.06 PLACING ASPHALT CONCRETE A. Place asphalt within 24 hours of applying primer and tack coat in accordance with Section 320 of the B. Asphalt shall be placed in acceptable weather and temperature conditions in accordance with Section 320.03 of the C. Compact pavement by rolling. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. D. Develop rolling with consecutive passes to achieve an even and smooth finish, without roller marks. Finish grade of asphalt patches shall match existing adjacent pavement exactly, without bumps, depressions, or other irregularities. E. After pavement is in place, seal all joints. 3.07 SURFACE TOLERANCE A. Finished grades shall not deviate more than 0.01 foot in 12 feet in elevation parallel with the road centerline and 0.02 foot in 12 feet in elevation transverse to the centerline from the grades indicated in the drawings. B. Finished grade shall not deviate more than 0.02 foot in elevation from the grade indicated in the Contract Drawings. Slopes shall not vary more than 1/4 inch in 10 feet from the slopes shown in the Contract Drawings. C. After paving has been installed and compacted, spray water over the entire paved area. Correct any areas where water collects and does not drain away. 3.08 TRAFFIC STRIPING AND MARKING A. Apply markings to match any removed in the course of the project and in accordance with ---PAGE BREAK--- Town of Minden 02740-4 FWE #2158 2022 Waterline Replacement Flexible Pavement Contract Documents (March 2022) 3.09 INSPECTION, TESTING, AND ACCEPTANCE A. An Inspector will inspect all hot mix asphalt patching work. Asphalt paving that exhibits incorrect grades, excessive unevenness, depressions, humps, or joint misalignments will be rejected by the Engineer and shall be completely replaced with new pavement at no additional cost to the Owner. 3.10 PROTECTION A. Immediately after placement, protect pavement from mechanical injury for a minimum of 2 days. END OF SECTION ---PAGE BREAK--- Town of Minden 002784-1 FWE #2158 2022 Waterline Replacement Slurry Seal Contract Documents (March 2022) SECTION 02784 SLURRY SEAL PART 1 – GENERAL 1.01 SUMMARY A. The work included under this section includes surface preparation, and furnishing and installing polymer-modified emulsified asphalt slurry seal, in accordance with the Recommended Performance Guideline for Polymer-Modified Emulsified Asphalt Slurry Seal A115 (Provisional) and these specifications. 1.02 SUBMITTALS A. Submit the following in accordance with the Contract Documents: 1. Slurry Seal mix design per Section 337 of the 2. Method for protecting existing valves, manholes and other surface features. PART 2 – PRODUCTS 2.01 SLURRY SEAL A. Slurry seal shall meet the requirements of Recommended Performance Guideline for Polymer- Modified Emulsified Asphalt Slurry Seal A115 (Provisional) and these specifications. Type II aggregate shall be used per Section 200.02.06 of Standard Specifications. B. Slurry shall include polymer per Table 201.04-III of Standard Specifications. PART 3 – EXECUTION 3.01 SURFACE PREPARATION A. Surface preparation and execution shall be in accordance with Recommended Performance Guideline for Polymer-Modified Emulsified Asphalt Slurry Seal A115 (Provisional). Immediately before applying the slurry seal, the surface to be sealed shall be thoroughly cleaned of all dirt and loose material, oil spots and other objectionable material. The process of cleaning shall continue until dirt and loose material is removed from the entire width of the surface to be sealed. If water is used, cracks shall be allowed to dry thoroughly before slurry sealing. Manholes, valve boxes, drop inlets, and other service entrances shall be protected from the slurry seal by suitable method approved by Engineer. 3.02 WEATHER LIMITATIONS A. The slurry seal shall not be applied if either the pavement or air temperature is below 50 degrees Fahrenheit and falling, but may be applied when both pavement and air temperatures are above ---PAGE BREAK--- Town of Minden 002784-2 FWE #2158 2022 Waterline Replacement Slurry Seal Contract Documents (March 2022) 45 degrees Fahrenheit and rising. No slurry seal shall be applied when there is the possibility of freezing temperatures at the project location within 24 hours after application. 3.03 TRAFFIC CONTROL A. Traffic Control devices shall be in accordance with agency requirements and, if necessary, conform to the requirements of the Manual on Uniform Traffic Control Devices. 3.04 APPLICATION OF SLURRY SEAL A. Application of Slurry Seal shall be in accordance with Recommended Performance Guideline for Emulsified Asphalt Slurry Seal A105 (Revised February 2010). Slurry seal shall be uniformly applied at a rate of 14 to 18 pounds per square yard or directed by the Engineer. Slurry seal shall be applied by means of a spreader box attached to the paver and mechanically equipped, if necessary, to agitate and spread the material evenly throughout the box. The slurry seal mixture shall have the proper consistency as it enters the spreader box. B. Slurry seal shall not be sprayed upon adjacent pavements, curbs, sidewalks, drainage structures, railings, walls, barriers, markers, valve box covers, manhole covers, trees, shrubbery, vegetation, adjacent property and improvements, and other improvements or facilities. C. In the event slurry seal material is sprayed on adjacent property or improvements, the Contractor shall, at his cost, remove overspray from those improvements or adjacent property. D. Intersections and pavement adjacent to concrete or paver driveways shall be sanded after sealing. Sanding may be required to facilitate reopening streets to through traffic. Excess sand shall be removed as directed by the Engineer. E. Only a single lane may be worked on at a time. Traffic must be maintained in a single open lane, regulated by traffic control. F. Slurry seal shall be applied between the hours of 9:00 a.m. and 1:00 p.m. as to permit the removal of traffic control by 5:00 p.m. Slurry seal shall be applied to only one designed traffic lane at a time, and the entire width of the lane shall be covered in one pass. END OF SECTION ---PAGE BREAK--- Town of Minden 03300-1 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 – GENERAL 1.01 RELATED DOCUMENTS A. The Conditions of the Contract (General, Supplementary, and other Conditions) and the General Requirements (Sections of Division 1) are hereby made a part of this Section. 1.02 WORK INCLUDED A. Furnish all materials and labor necessary to complete Cast-In-Place Concrete as indicated, specified herein, or both. The Work of this Section includes but is not necessarily limited to the following: 1. Foundations. 2. Miscellaneous pits, trenches, etc. 3. Slabs-on-grade. 4. Walls. 5. Inserts as indicated on Structural Drawings. 6. Exterior site work shown on Structural Drawings. 7. Grouting of steel plates. 8. Epoxy anchors. 9. Quality control. 10. Equipment support pads 11. Thrust blocks B. All flatwork and associated concrete improvements shown on Site and Architectural Drawings. 1.03 WORK EXCLUDED A. The Work of this Section excludes the following: 1. Anchors, sleeves, inserts, frames, and plates which are furnished under other Sections of the Specifications. 2. Drainage fills and/or base fills. ---PAGE BREAK--- Town of Minden 03300-2 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 1.04 RELATED WORK A. The Work of this Section shall be closely coordinated with that of: 1. Section 02300 - Earthwork 2. Section 03100 - Concrete Formwork 3. Section 03200 - Concrete Reinforcement 4. Division 15 - Mechanical 5. Division 16 - Electrical 1.05 REFERENCED STANDARDS A. ASTM C 31 - Practice for Making and Curing Concrete Test Specimens in the Field. B. ASTM C 33 - Concrete Aggregate. C. ASTM C 39 - Test Method for Compressive Strength of Cylindrical Concrete Specimens. D. ASTM C 40 - Test Method for Organic Impurities in Fine Aggregates for Concrete. E. ASTM C 42 - Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. F. ASTM C 88 - Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate. G. ASTM C 94 - Specification for Ready-Mixed Concrete. H. ASTM C 131 - Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. I. ASTM C 136 - Method for Sieve Analysis of Fine and coarse Aggregates. J. ASTM C 143 -Test Method for Slump of Hydraulic Cement Concrete. K. ASTM C 150 - Specification for Portland Cement. L. ASTM C 157 - Test Method for Length Change of Hardened Hydraulic-Cement Mortar and Concrete. M. ASTM C 172 - Method of Sampling Freshly Mixed Concrete. N. ASTM C 173 - Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method. O. ASTM C 231 - Test Method for Air Content P. ASTM C 260 - Air Entraining Admixtures for Concrete. Q. ASTM C 289 - Test Method for Potential Reactivity of Aggregates (Chemical Method). ---PAGE BREAK--- Town of Minden 03300-3 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) R. ASTM C 330 - Lightweight Aggregate for Structural Concrete. S. ASTM C 494 - Chemical Admixtures for Concrete. T. ASTM C 595 - Specification for Blended Hydraulic Cements. U. ASTM C 618 - Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete. V. ASTM D 75 - Practice for Sampling Aggregates. W. ACI 211.1 - Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete. X. ACI 211.2 - Standard Practice for Selecting Proportions for Structural Lightweight Concrete. Y. ACI 301 - Specifications for Structural Concrete for Buildings. Z. ACI 304 - Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete. AA. ACI 305 - Recommended Practice for Hot Weather Concreting. BB. ACI 306 - Recommended Practice for Cold Weather Concreting. CC. ACI 318 - Building Code Requirements for Reinforced Concrete. 1.06 QUALITY ASSURANCE A. Perform cast-in-place concrete work in accordance with ACI Standards listed in Paragraph 1.05, unless specified otherwise in this Section. B. Mix designs shall be prepared by a licensed professional engineer in the State of Nevada representing a qualified testing laboratory. C. Concrete shall be batched only in a plant currently certified by the National Ready Mix Concrete Association. D. All concrete placement shall be observed by an ICC Certified Inspector. 1.07 PRECONSTRUCTION MEETING A. Prior to the placing of any slab-on-grade concrete, there shall be a Preconstruction Meeting. Attendees shall include: 1. Structural Engineer. 2. Ready Mix Supplier. 3. Testing Personnel. 4. Contractor's Representative. ---PAGE BREAK--- Town of Minden 03300-4 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 5. Placing Superintendent. 6. Admixture Representative. 7. Floor Hardener Representative. B. Contractor shall schedule meeting at least seven days prior to the first slab placement. C. Discussion topics shall include, but not be limited to: 1. Location of construction joints. 2. Placement techniques. 3. Admixtures. 4. Slump. 5. Placement time. 6. Finishing and curing. 1.08 WEATHER PROTECTION A. Concrete shall not be placed when the temperature is above 85 degrees F or below 40 degrees F, or if it is likely to go above 85 degrees F or below 40 degrees F, before the concrete has its initial set without special precautions. B. Cold Weather Concreting: The provisions of "Recommended Practice for Cold Weather Concreting" (ACI 306) shall be closely followed except as otherwise specified herein. 1. After the first frost (or) and until the mean daily temperature at the site falls below 40 degrees F for more than one day in a row, concrete shall be protected from freezing for not less than the first 72 hours after it is placed. 2. When the mean daily temperature falls below 40 degrees F for more than one day in a row, concrete shall thereafter be placed at a temperature not lower than 55 degrees F and not higher than 70 degrees F, and shall be maintained not lower than 55 degrees F for at least the first five days. During the next 3 days, it shall be protected from freezing. 3. When the mean daily temperature rises above 40 degrees F for more than three successive days, placement and maintenance of concrete for five days at or above the regular minimum temperature may be discontinued. 4. Equipment shall be provided for adequate heating of the concrete materials and protecting the concrete during freezing and near freezing weather. 5. No frozen materials or materials containing ice shall be used. 6. The housing, covering, or other protection in connection with curing shall remain in place at least 24 hours after the artificial heating is discontinued. ---PAGE BREAK--- Town of Minden 03300-5 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 7. No salt or other chemicals shall be used under any circumstances. C. Hot Weather Concreting: The provisions of "Recommended Practice for Hot Weather Concreting" (ACI 305) shall be closely followed, except as otherwise specified herein. 1. Concrete deposited in hot weather shall have a placing temperature not greater than 85 degrees F so that it will not cause difficulty from loss of slump, flash set, or cold joints. 2. The ingredients shall be cooled before mixing if necessary to maintain the temperature below the maximum placing temperature of 85 degrees F. 1.09 QUALITY CONTROL A. The Contractor shall retain and pay a qualified testing laboratory to sample, test, and submit test reports and design mixes as required by the following: 1. Mix Design: Test the proposed cement and aggregates and design concrete mixes for each class of concrete required. The testing laboratory shall obtain samples of each type of aggregate and Portland Cement for analysis and preparation of the mix design. The cement and aggregates shall be sampled and tested in accordance with procedures herein specified. The proportions of the material and the water content shall be established by tests made in accordance with ACI 211.1 for hardrock concrete (ACI 211.2 for lightweight concrete) and the applicable requirements of this Specification. The maximum allowable water content and the quantity of aggregate per sack of cement shall be predetermined by the laboratory. Submit a complete package including the mix design, aggregate reports, and strength for approval by the Engineer at least 14 days prior to the placing of any concrete. No concrete shall be allowed to be placed until the mix designs have been approved. No substitutions shall be allowed in the materials used on the job without additional designs and test reports as specified herein, showing that the quality of the concrete is satisfactory. a. Shrinkage test reports in accordance with ASTM C 157 as modified by SEAOCC shall be included with mix designs submitted when shrinkage requirements are listed for a class of concrete. Additional tests will be required during construction to verify continued conformance. 2. Cement: Make a test for every 500 barrels or fraction thereof of cement used, in accordance with the requirements of ASTM C 150. Make the tensile strength test for seven days. Tag Portland Cement for identification at the location of sampling. In the event samples are stored at the mill before delivery, maintain a testing laboratory representative at the mill who is competent and reliable to do or supervise the sampling and tagging of cement and to oversee the storing and loading for delivery, in order to establish the identity of the delivered material with respect to the several lots tested. The representative at the mill shall be employed by the testing laboratory, and shall not be in the employ of, or engaged by, the manufacturer or delivering agency. Where vendor submits certified mill certificate indicating compliance, no further testing will be required. 3. Aggregate: Test all aggregate when the concrete mix is established and whenever the character of the pit source for the material changes. A complete set of aggregate tests shall be made at intervals not exceeding 90 days during the duration of this Work. Tests shall include a sieve sampling and testing in accordance with the requirements of ASTM Standard Methods as follows: ---PAGE BREAK--- Town of Minden 03300-6 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) a. Sampling: Sample coarse and fine aggregates in accordance with ASTM D 75. Take samples of aggregates at the source of supply or, in the event the source of supply has been approved, from storage bunkers at the ready mixed concrete plant. b. Sieve Analysis: ASTM C 136 for coarse and fine aggregate. c. Organic Impurities: ASTM C 40. Fine aggregate shall develop a color not darker than the reference standard color. d. Soundness: ASTM C 88. The loss resulting therefrom, after 5 cycles using magnesium sulfate, shall not exceed 18 percent for coarse aggregate or 15 percent for fine aggregate. e. Abrasion of Coarse Concrete Aggregate: ASTM C 131. The loss shall not exceed 10 percent after 100 revolutions, or 50 percent after 500 revolutions. f. Reactive Materials: ASTM C 289. B. Mix designs, tests, etc. for Concrete required by this Specification, need not be made specifically for this job, provided that all data submitted is prepared by an independent testing laboratory, is current within the last six months, is clearly identified and correlated, and that in the judgment of the Engineer, the test data correctly describes the materials proposed for use. C. Transit Mixed Concrete: Transit mixed concrete shall be used and shall conform to ASTM C 94. Additional water is not to be added at the job, unless specifically approved by the on-site testing laboratory's representative. 1. Concrete shall be placed within 90 minutes after the water is first added. 2. A Weighmaster's certificate shall accompany each load stating the quantity of cement, water, fine aggregate, coarse aggregate, and admixture contained in the load, and the batch time. D. Records: Make available for inspection at the site, a record showing the date and time of placing concrete in each portion of the structure. Placement shall be recorded daily in ink on the project's record set of drawings. E. Inspection of Reinforcing Steel and Concrete Placing: Before any concrete may be placed in any member or portion of the building, the reinforcing steel shall be checked and approved by an ICC Certified Inspector. F. The representative of the Owner's testing laboratory shall be present during the placing of all concrete, and shall maintain close control over the quality and slump of the concrete. 1.10 OWNERS QUALITY CONTROL A. Testing laboratory, retained by Owner, shall sample and test as follows: 1. Sample concrete in accordance with ASTM C 172, except when taking initial slump tests. ---PAGE BREAK--- Town of Minden 03300-7 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 2. Compression Tests: Make three standard test cylinders from each day's placing of each class of concrete, and for each 50 cubic yards placed, or fraction thereof. Date cylinders, number, and note the point from which the sample was taken. Indicate the slump. 3. Test Cylinders: Make test cylinders at the job, in accordance with ASTM C 31. At the end of 24 hours after making, store the cylinders under moist curing conditions at approximately 70 degrees F until tested. Test specimens in accordance with ASTM C 39 at the age of 7 and 28 days. 4. Slump: Whenever plasticizer is to be added, initial slump tests are to be taken at the truck prior to the addition of plasticizer. Initial slumps are to be reported along with the quantity of plasticizer added. A second slump after the addition of plasticizer is to be reported and shall be taken in accordance with ASTM C 143. Tests in accordance with ASTM C 143 shall also be performed at the same time as the strength test cylinders are made. Slump tests shall also be made at any time the appearance of concrete indicates a change in consistency. Maximum allowable slump prior to addition of plasticizer, shall be 3 inches. 5. Entrained Air Tests: Freshly mixed concrete shall be tested for air content in accordance with ASTM C 231 and reported with compression test reports. Air, when required, is to be 5% to 7% by volume. Test air content for each exterior flatwork pour and any time the concrete mix has air entraining. B. Test results will be reported in writing to the Civil Engineer, Structural Engineer, Ready-Mix Producer, and Contractor within 24 hours after tests. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in structure, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7-day tests and 28-day tests. C. Below Strength Concrete: Should the strength of concrete, as indicated by the tests, fall below the required minimum, then additional tests of the concrete which the unsatisfactory samples represent may be required. Make such tests in accordance with ASTM C 42. Fill the holes made by cutting the cores with "dry pack" concrete. Should core tests show that concrete has developed the required strength, the costs of tests shall be paid by the Owner. Should these tests indicate that concrete is below the required strength, the cost shall be an obligation under this Section and defective concrete shall be removed and replaced with concrete of the required strength. D. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted but shall not be used as the sole basis for acceptance or rejection. PART 2 – PRODUCTS 2.01 PORTLAND CEMENT A. ASTM C 150, Type II, low alkali. B. The brand of cement shall not be changed during the progress of the job unless approved in writing by the Engineer. Cement shall have been used for at least two years with the proposed aggregate without detrimental reaction. ---PAGE BREAK--- Town of Minden 03300-8 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 2.02 POZZOLAN A. ASTM C 618, Class N. 2.03 AGGREGATES A. Fine and course aggregate ASTM C 33. B. Course aggregate shall: 1. Be furnished from one source, 2. Be crushed stone or gravel, 3. Be washed unless independent testing laboratory can certify that aggregate meets all required tests, and 4. Shall have a maximum of 1% passing the #200 sieve. C. Fine Aggregate shall: 1. Be furnished from one source, 2. Be clean, sharp, natural sand, 3. Be washed unless independent testing laboratory can certify that aggregate meets all required tests, and 4. Shall have a maximum of 5% passing the #200 sieve. 2.04 WATER A. Clean and free of deleterious amounts of acids, alkalis, salts, oils, or organic substances. 2.05 ADMIXTURES A. A water reducing admixture conforming to ASTM C 494 Type A or F, shall be used in all concrete. 1. For Class and Concrete, use Master Builders, Inc. "Polyheed" Non-chloride Admixture, or equal. 2. For Class Concrete, use Master Builders, Inc. "Polyheed" Non-chloride Admixture for Use With Fly Ash, or equal. B. The use of super-plasticizer agents conforming to ASTM C 494 - Master Builders Inc. "Polyheed" or equal, is allowed with the Engineer’s approval. C. The Contractor shall obtain the Engineer’s approval of all the admixtures he proposed to use before the testing agency proceeds with the design mixes. D. Calcium chloride shall not be used under any circumstances. ---PAGE BREAK--- Town of Minden 03300-9 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 2.06 CURING MATERIALS A. Polyethylene sheet 10-mill minimum thickness. B. Insulated blankets. C. WR Meadows Vocomp 20. D. Alternates: Approval of “or equal” or “better” curing compounds will be considered. The Engineer will be the sole judge of what qualifies as an “or equal” product. 2.07 NON-SHRINK GROUT A. Grout between concrete and steel-bearing plates shall be "Master Builders" Embeco No, 636 grout, or equal. 2.08 EPOXY A. Epoxy for anchoring reinforcement for repair/replacement of mislocated dowels, shall be Simpson Set XP or equal, placed with approval of the Engineer in accordance with the manufacturer’s recommendations. 2.09 PATCHING MATERIALS A. Thorite as manufactured by Thoro Systems Products, Inc., or equal. 2.10 SEALER A. All interior concrete surfaces where so indicated, shall be sealed with WR Meadows Vocomp 25 in strict accordance with the written directions of the manufacturer. 2.11 CONCRETE MIX DESIGNS A. Design: Select and proportion ingredients using trial batches; sample, cure, and test concrete mix through an approved independent testing laboratory in accordance with ACI 309 per ACI 211.1. B. Concrete Types: The various concrete mix designs to be used are as follows: 1. Class - For use in all foundations. a. 1-1/2 inches maximum aggregate. b. Pozzolan - 15-20% of total cementitious materials (at Contractor’s option). c. 28-Day compressive strength - 3,000 psi minimum. d. Maximum slump - 3 inches. e. Water/cement ratio - 0.50 maximum. f. Water reducing admixture required. ---PAGE BREAK--- Town of Minden 03300-10 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 2. Class - For use in all interior slabs-on-grade. a. 3/4-inch maximum aggregate. b. Pozzolan - 15-20% of total cementitious materials (at Contractor’s option). c. 28-Day compressive strength - 4,000 psi minimum. d. Maximum slump - 3 inches. e. Water/cement ratio - 0.45 maximum. f. Shrinkage - 0.055 maximum. g. Water reducing admixture required. 3. Class - For use in all exterior slabs-on-grade. a. 3/4-inch maximum aggregate. b. Pozzolan – 15-20% of total cementitious materials (at Contractor’s option). c. 28-Day compressive strength - 4,500 psi minimum. d. Maximum slump - 3 inches. e. Water/cement ratio - 0.45 maximum. f. Air entrainment – 5 to g. Water reducing admixture required. 2.12 CONCRETE MIXING A. Measuring, mixing, and transporting concrete shall be in accordance with ACI 304. B. Truck mixers: 1. Limit volume of concrete in truck to 63% of total capacity per ASTM C 94. 2. Mix a minimum of 70 revolutions at the rate of rotation designated by the manufacturer. 3. Truck shall be equipped with revolution counter that is a re-settable recording type. Do not start counter until all ingredients are in drum. 4. Super plasticizers are to be added at the site. Mix not less than the minimum revolutions recommended by the admixture manufacturer. C. Do not add water at the site, unless specifically approved by the testing laboratory's representative. If water is added, amount shall be recorded on the batch ticket. ---PAGE BREAK--- Town of Minden 03300-11 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) D. Do not use concrete that has stood over 20 minutes after leaving the mixer, or concrete that is not placed in less than 90 minutes after water is first introduced into the mix. E. The mixers and handling devices shall be thoroughly cleaned after every pour. PART 3 – EXECUTION 3.01 PREPARATORY PROVISIONS A. Prior to placement of concrete, the Contractor shall be responsible for the examination and acceptance of all conditions affecting the proper placement of the concrete, and shall not proceed until all unsatisfactory conditions have been corrected. B. Prior to placing concrete, insure that: 1. Soil compaction tests on the subgrade have been approved. 2. The placement of aggregate base is complete. 3. Formwork as required in Section 03100 - Concrete Formwork, is approved by the Engineer. 4. Reinforcement as required in Section 03200 - Concrete Reinforcement, is approved by the ICC Certified Inspector and the Engineer. 5. All embedded items are installed and securely held in place. 6. Mix designs are approved by the Engineer. 3.02 CLEANING AND WETTING FORMS A. Remove foreign matter accumulated in forms, and rigidly close ports and openings left in the formwork immediately prior to starting concrete placement. B. Wet wood forms sufficiently to tighten up cracks. Wet other materials including soils, sufficiently to reduce suction and maintain the workability of the concrete mix. Standing water in the forms or on the subgrade is not allowed. See Paragraph 3.05.D.2 for wetting of subgrade for slabs-on- grade. Do not wet forms and soil during freezing weather. C. Thoroughly clean tools used in transporting, placing, and consolidating the concrete immediately after each use. 3.03 EMBEDDED ITEMS A. Place foundation bolts and other items to be built in prior to placing concrete. Accurately position and rigidly support using templates. Stabbing of bolts will not be acceptable. B. Place PVC chamfer strips as required in Section 03100 - Concrete Formwork. ---PAGE BREAK--- Town of Minden 03300-12 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 3.04 JOINTS A. Form joints in the concrete work according to details and where indicated on the Drawings. Place concrete in a monolithic pour between joints. B. Construction Joints: Construction joints for slabs-on-grade shall be located as shown on the Drawings. Construction joints for all other structural concrete work shall be located and constructed to least impair the strength of the structure. Joints shall be perpendicular to the main reinforcing. Locations and details shall be approved by the Engineer. Reinforcing steel shall be continuous across construction joints unless otherwise indicated. Provide keys in form as directed by Engineer. Roughen and thoroughly clean the surface of the concrete; remove all laitance; and wet the surface before placing new concrete against the joint. C. Joints for Slabs-on-Grade: 1. Provide dowelled joints spaced as shown on the Drawings. 2. Sawed joints cut with a "soft saw" the same day the slab is placed, are preferable. In lieu of sawed joints, use 1/8-inch radius tooled joints. 3. Depth of joint shall be not less than 1-1/2 inches. No exceptions. 4. Slabs shall be placed in the largest practical size with a minimum length and/or number of construction joints. 5. Construction joints shall occur at a typical dowelled joint. 3.05 PLACING CONCRETE A. General: Place concrete in conformance with the requirements of ACI 304 & ACI 318. B. Conveying: 1. Direct discharge from the truck into the forms, or pumping, is the preferred method of placement. 2. Handle concrete from the mixer to the location of placing as rapidly as practicable, avoiding separation or loss of ingredients, and re-handling. 3. Equipment for chuting, pumping, or other conveying method shall be of such size and design as to ensure a practically continuous flow of concrete at the delivery end without separation of materials. C. Placing: 1. Place concrete in lifts not over 4'-0" deep. Place and consolidate successive layer prior to initial set to prevent cold joints. 2. Keep surface of concrete level throughout with a minimum of concrete allowed to flow from one position to another. ---PAGE BREAK--- Town of Minden 03300-13 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 3. Carry on placing of concrete as a continuous operation until the placing of each section or panel is completed. 4. Thoroughly consolidate concrete and work it around reinforcement and embedded fixtures, and into corners and angles of forms by internal vibrators, consolidate to exclude rock pockets, air bubbles, and honeycombs, and to obtain the required density and strength. 5. Exercise care to avoid over-vibration and separation of ingredients. Use vibrators to consolidate each layer and extend vibrator into previously placed layer. Use vibrator to bring fine material to the faces and top surfaces to produce the proper finish. Assign at least one workman at each location where concrete is being placed to vibrate and consolidate the concrete in forms. Vibrators shall not be left in any one spot longer than 30 seconds and shall be kept constantly in motion. Keep extra standby vibrators at the site. 6. Do not place concrete under water. D. Slabs on Grade: 1. Prior to placing concrete, accurately locate center of dowelled joints for sawing or tooling. 2. Moisten aggregate base to prevent suction. Base shall be just damp, not wet, and standing water is prohibited. 3. Place concrete with pumps or other suitable method. Concrete trucks are not allowed within the formed area to be placed. 4. Place concrete to the specified thickness and consolidate with internal vibrators. Vibrating screeds may be used if it can be demonstrated that the concrete can be fully consolidated. 5. Screed level to exact elevation. 3.06 FINISHING A. Top of Footings: Rough wood float finish. Elevation and grade at top of footing shall be maintained within a tolerance of + 1/4 inch. B. Interior Slabs-on-Grade: 1. All slabs-on-grade shall have a monolithic finish. Screed concrete to accurate level grades and float to a uniform level surface. 2. Steel trowel to a smooth, dense, hard finish. Do not burnish trowel or over-trowel surfaces with hardener. Surface shall be free from depressions, trowel marks, scale, and foreign deposits. Use self-propelled troweling machines for large interior areas. 3. Delay final troweling until after sheen has completely disappeared. Dusting will not be permitted under any circumstances. 4. Tooled joints and edges shall be cut immediately after initial floating is completed and shall be re-cut after concrete has taken its initial set. Minimum depth of joint is 1-1/2. ---PAGE BREAK--- Town of Minden 03300-14 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 5. Saw cut joints shall be cut with a "soft saw" the same day the concrete is placed. Minimum depth of joint is 1-1/2 inches. 6. Finish floors shall contact a 10-foot straight edge placed in any location, except across flow lines, within a tolerance of plus or minus 1/8 inch. 7. Depress slabs where shown on Drawings. C. Exterior Slabs-on-Grade: 1. All floors shall have a monolithic finish. Screed concrete to accurate level grades and float to a uniform level surface. 2. Provide medium broom finish. 3. Tooled joints and edges shall be cut immediately after initial floating is completed and shall be re-cut after concrete has taken its initial set. 4. Saw cut joints shall be cut with a "soft saw" the same day the concrete is placed. Minimum depth of joint is 1-1/2 inches. 5. Finish floors shall contact a 10-foot straight edge placed in any location, except across flow lines, within a tolerance of plus or minus 1/8 inch. 6. Depress slabs where shown on Drawings. D. Exposed Poured-In-Place Concrete Surfaces: 1. Immediately after forms are removed, exposed surfaces shall be finished and "sacked". 2. Remove all snap-ties or other devices to 1 inch below surface and dry pack holes with patching material that matches concrete. Grind off any ridges, projections, or other deformities. Sack surface to a smooth uniform finish. 3. Moist-cure sacked surfaces for not less than three days. E. Un-exposed Poured-In-Place Concrete Surfaces: 1. Remove all snap-ties or other devices to 1 inch below surface of concrete. 2. Patch any large holes, small rock pockets or defects, and fill snap-tie cone holes flush. 3.07 SEALER A. All interior slabs-on-grade shall receive a sealer. Sealer shall be WR Meadows Vocomp 25 or equal. B. Sealer shall be applied just prior to substantial completion. 3.08 CURING A. General: ---PAGE BREAK--- Town of Minden 03300-15 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 1. Freshly deposited concrete shall be protected from premature drying and excessively hot or cold temperatures, and shall be maintained with minimal moisture loss at a relatively constant temperature above 50 degrees F for a total of five days. 2. Protect concrete from excessive changes in temperature during the curing period and at the termination of the curing process. Changes in the temperature of the concrete shall be as uniform as possible and shall not exceed 5 degrees F in any one hour or 50 degrees F in any 24-hour period. 3. Protect concrete from injury from the elements until full strength is developed. Protect from mechanical injury. B. Formed Surfaces: 1. Formed surfaces shall be cured by leaving forms in place for a minimum of five days. 2. At Contractor's option, forms may be removed in less than five days, if formed surfaces are cured with one coat of WR Meadows Vocomp 20 or equal, applied at not less than the manufacturer's recommended coverage. C. Slab-on-Grade: 1. Apply one coat of WR Meadows Vocomp 20 or equal, as soon as possible after finishing. Apply at a rate of 350 to 400 sf/gallon. Apply a second coat within 24 hours after finishing. 2. In lieu of the second coat requirements of Item 1 above, after the first coat has dried, wet the surface with a fog spray to provide a thin film of standing water. Cover with polyethylene, or blanket, and seal all edges to prevent evaporation of moisture. Maintain free water on the surface of the concrete for not less than seven days. 3.09 REPAIR OF SURFACE DEFECTS A. Defective Work: 1. Any concrete work not formed as indicated or not true to the intended alignment; or not plumb or level where so intended; or not true to the intended grades and levels; or that has voids or rock pockets; or that may have sawdust, wood, or debris embedded in it; or does not fully conform to the Specifications; will be deemed to be defective. 2. Concrete finish which is not true to line and plane; or which is not thoroughly troweled and properly surfaced as specified; or which varies more than 1/4 inch from the required finish grade; or which has any roughened top surfaces; or which does not connect properly to the adjoining work; will be deemed to be defective. B. Defective work shall be removed and replaced with materials complying with the Specifications. 3.10 GROUTING STEEL BASE PLATES A. Grouting Steel Base Plates: Fill space between concrete and steel base plates or bearing plates with non-shrink grout. Mix and install grout in accordance with manufacturer's recommendations for either dry pack or flowable grout. ---PAGE BREAK--- Town of Minden 03300-16 FWE #2158 2022 Waterline Replacement Cast-In-Place Concrete Contract Documents (March 2022) 3.11 CLEANING UP A. Upon completion of the Work, remove excess materials, equipment, apparatus, tools, and the like and leave the premises clean, neat, and orderly. END OF SECTION ---PAGE BREAK--- EXHIBIT D Exhibit D – Price and Payment Procedures Measurement and Payment ---PAGE BREAK--- Town of Minden 2 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) PRICE AND PAYMENT PROCEDURES PART 1 – GENERAL 1.01 SUMMARY A. Administration and procedural requirements for processing applications for payment and pricing of work. B. Related Sections: 1. 00620 – Contractor’s Application for Payment 2. 00941 – Change Order Form 3. 01999 – Project Forms 1.02 SUBMITTALS A. Weekly Quantity Installed Certification Form. B. Applications for Partial Payment. C. Certified Payroll Reports and Associated Substantiating Data. D. Schedule of Values. 1.03 MEASUREMENT PROCEDURES A. Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Drawings, Specifications, General Requirements, and Supplementary Conditions. B. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon. C. Certified Weights: When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Owner or Project Representative, on a completely automated weighing and recording system. The Contractor shall furnish Owner or Project Representative with duplicate licensed weigh master’s certificates showing the actual net weights. The Owner or Project Representative will accept the certificates as evidence of the weights delivered. D. Methods of Measurement 1. Materials and items of Work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified. ---PAGE BREAK--- Town of Minden 3 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) 2. Material not used from a transporting vehicle shall be determined by the Owner or Project Representative and deducted from the certified tag. 3. When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Owner or Project Representative in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Owner or Project Representative and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted. 4. Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefore. 5. Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the Drawings or given by the Owner or Project Representative; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material. E. Measurement of Quantities 1. Weekly construction quantity resolution a. Work paid at a unit price times number of units measured will be measured by Contractor in accordance with United States Standard Measures. b. Contractor to submit a weekly estimate of quantities constructed to the Owner or Project Representative. c. Owner or Project Representative will review construction quantity estimate and resolve discrepancies with Contractor on a weekly basis. 1) Contractor to use a Weekly Quantity Installed Certification Form acceptable to the Owner. Form to be signed by Contractor and Project Representative. 2. Provide and pay for accurate scales. a. Use platform scales of sufficient size and capacity to permit the entire vehicle or combination of vehicles to rest on the scale platform while being weighed. b. Combination vehicles may be weighed as separate units provided they are disconnected while being weighed. c. Have scales inspected and certified as often as necessary to ascertain accuracy. ---PAGE BREAK--- Town of Minden 4 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) d. Furnish weigh slips and daily summary weigh sheets to Owner or Project Representative. 3. When material is shipped by rail, certified car weights will be acceptable, provided that not more than the actual weight of material will be paid, without consideration of minimum car weight used for assessing freight tariff. a. Car weight will not be acceptable for materials passing through mixing plants. 4. Daily, or at shorter intervals when necessary to ensure accuracy, weigh empty trucks used to haul material paid by weight. a. Provide such trucks with plainly, unique, permanent, legible, identification marks. 5. Reinforcing steel, steel shapes, castings, and similar items paid by weight will be measured by handbook weights for the type and quantity indicated for the Work. 1.04 PAYMENT PROCEDURES A. Bid Items 1. The Bid Amounts for each Bid Item will be used for comparative bid analysis. The Bid amounts will also form the basis of progress payments. Each Lump Sum bid amount will undergo further breakdown as described later in this section. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified. 2. Payment for the bid items identified in the Bid Schedule, as further described herein, will constitute full compensation to the Contractor for furnishing all labor, equipment, tools, supplies and materials to complete the Work in accordance with the Contract Documents, including the costs of permits and the costs of compliance with the regulations of public agencies having jurisdiction. Any item that is not specifically set forth in the Bid Schedule shall be considered incidental to the cost of the Work. The final pay quantities shall be by field measurement. 3. The bid items shown in the Bid Schedule shall include as incidental those efforts of similar magnitude and not limited to the following: obtaining permits; removing and replacing old utilities or hardware; clean-up work; dewatering work; resetting disturbed property corners and survey monument replacement; shoring utility poles; surface grading on disturbed or damaged driveways and ditches; grading disturbed areas; contract staging areas; miscellaneous code, law, or public health requirements; dust control; road maintenance and repair; protection of existing improvements; removal of existing surfaces; coordination with public, owner or other affected agencies; removal of spoils; disposal costs; material testing; compliance with standard and manufacturer specifications; and overhead and profit. 4. In the case of change or deletion of the unit quantity contract item (or items) in the Bid Schedule, the contract value will be adjusted to reflect actual quantities installed versus the estimated quantities reflected in the contract price. Due to the nature of the work performed ---PAGE BREAK--- Town of Minden 5 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) on this project, any and all of the estimated quantities shown on the Bid Schedule may be adjusted up or down any amount, or may be deleted at the Owner’s request prior to or while the work is in progress. Changes in quantities shall not change the unit price contract. 5. The intent of these specifications is to provide a complete and operational project. Incidental items, such as potholing, casing adapters, flanged coupling adapters, couplings, pipe reducers, thrust blocks, removal of abandoned equipment, location tape, test fittings, and all other items necessary to provide a complete project, but not specifically mentioned, shall be considered incidental to the above items. B. Application for Payment 1. Format a. Develop satisfactory spreadsheet-type form. See Section 01999 – Project Forms for acceptable Application for Payment form. b. Fill in information required on form. c. When Change Orders are executed, include Change Orders in the Application for Payment. 1) Identify Change Order by number and description. 2) Provide cost of Change Order in appropriate column. d. Execute application with signature of responsible officer of Contractor. e. After completing, submit Application for Payment. f. Project Representative will review application for accuracy. When accurate, Project Representative will transmit application to Owner for processing of payment. 2. Substantiating Data a. Provide Substantiating Data with cover letter identifying: 1) Project. 2) Application number and date. 3) Detailed list of enclosures. 4) For stored products with item number and identification on application, description of specific material, and proof of insurance coverage for offsite stored products. b. Submit “certified” payroll to Owner and Project Representative. 3. Procedure ---PAGE BREAK--- Town of Minden 6 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) a. Prepare progress payment requests on a date acceptable to Owner. b. Base requests on the breakdowns of costs for each scheduled activity and the percentage of completion for each activity. 1.05 SCHEDULE OF VALUES A. Submit to the Project Representative a Schedule of Values (preferably in Microsoft Excel format), at least 15 days prior to submitting first Application for Payment. B. Format 1. Identify each line item in the Schedule of Values with number and title of the major specification sections. 2. The Schedule of Values shall be by structure, civil, landscaping, or other logical division of work. The cost breakdown for architectural, structural, mechanical, and electrical work shall include separate items for identifiable portions of the structures. C. The Schedule of Values shall assign a fair, reasonable, and equitable dollar value for each activity on the Contractor’s Progress Schedule. The Schedule of Values shall include anticipated progress payments for each item in the Bid Form through the final payment and include a detailed breakdown of lump sum prices. D. The Schedule of Values shall specifically indicate installed cost for materials and equipment for each bid item. E. Each activity’s assigned value shall consist of labor, equipment and materials cost and a prorate contribution to overhead and profit. Breakdown shall be so organized as to facilitate assessment of Work and payment of subcontractors. F. The sum of the assigned values shall equal the lump sum price of the activity. G. No single item of worth listed in the cost breakdown shall exceed 5 percent of the total lump sum cost. Items exceeding 5 percent shall be broken down into further detail, except in cases where material costs for individual items of equipment exceed the 5 percent limit. H. The cost breakdown will be subject to the approval of the Owner or Project Representative, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The cost breakdown shall be sufficiently detailed to permit its use by the Owner or Project Representative as one of the bases for evaluating requests for payments. The Owner or Project Representative shall be the sole judge of the adequacy of the cost breakdown. I. The cost breakdown shall be solely used to determine progress payments. The cost breakdown shall not be considered in determining payment or credit for additional or deleted work. ---PAGE BREAK--- Town of Minden 7 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) PART 2 – PRODUCTS 2.01 BID ITEM 1: MOBILIZATION/DEMOBILIZATION (LUMP SUM) A. No specific unit of measurement shall apply to the lump sum item “Mobilization/Demobilization”. B. The lump sum bid price for “Mobilization/Demobilization” shall constitute full payment for mobilization and demobilization, complete as specified. The lump sum price for mobilization shall include all costs for obtaining all bonds, permits, and licenses; moving onto and off the site of equipment and materials; furnishing and erecting construction trailers and other construction facilities; and all preparatory work as required for the proper performance and completion of the project, including work items not identified in a separate bid item. The Total Price for mobilization and demobilization shall not exceed ten percent (10%) of the total Base Bid price. In the event that certain bid items are excluded or reduced due to budget constraints, the lump sum unit price for “Mobilization/Demobilization” shall be reduced on a weighted percentage basis where the percent reduction is the total cost of the excluded items divided by the original total bid. 1. With first partial payment after 3% of the original contract amount earned by the Contractor, twenty-five percent (25%) of the bid item amount will be paid. 2. When amount earned by Contractor is 10% of the original contract price, twenty-five percent (25%) of the bid item amount will be paid. 3. When amount earned by Contractor is 50% of the original contract price, twenty-five percent (25%) of the bid item amount will be paid. 4. When project is complete and accepted, twenty-five percent (25%) of the bid item amount will be paid. 2.02 BID ITEM 2: TRAFFIC CONTROL AND EROSION CONTROL (LUMP SUM) A. No specific unit of measurement shall apply to the lump sum item “Traffic Control and Erosion Control”. B. The lump sum bid price for “Traffic Control and Erosion Control” shall constitute full compensation for all materials, equipment, operations, expenses, and labor necessary to provide required traffic control and erosion control for the project. This includes the provision of all materials including wattles, gravel bags, or other sediment control measures and all incidental work necessary to install, maintain, and remove temporary erosion control and best management practices (BMPs). This item includes street sweeping at the end of each construction day and as needed throughout the construction day to ensure the adjacent streets are maintained free of dirt and construction debris. The CONTRACTOR shall ensure that all traffic control is in accordance with MUTCD and AASHTO standards. In the event that certain bid items are excluded or reduced due to budget constraints, the lump sum unit price for “Traffic Control and Erosion Control” shall be reduced on a weighted percentage basis where the percent reduction is the total cost of the excluded items divided by the original total bid. ---PAGE BREAK--- Town of Minden 8 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) 2.03 BID ITEM 3: TEMPORARY WATER SERVICES A. No specific unit of measurement shall apply to the lump sum item “Temporary Water Services.” B. The lump sum bid price for “Temporary Water Services” shall constitute full compensation for all materials, equipment, operations, expenses, and labor necessary to install and maintain temporary services to residents during the construction process. Temporary services will provide continued service to residents and be protected from freezing, damage, and other activities that may impact service to residents. This bid item for temporary services is designated for the entire job and Contractor should be prepared to provide for the entire job if necessary; however, in some areas they may not be necessary as the existing service can be kept in place during the placement of the new main. In the event that certain bid items are excluded or reduced due to budget constraints, the lump sum unit price for “Temporary Water Services” shall be reduced on a weighted percentage basis where the percent reduction is the total cost of the excluded items divided by the original total bid. 2.04 BID ITEM 4: REMOVE AND REPLACE EX. 6” TRANSITE WATER MAIN WITH 8” C-900, INCL. APPURTENANCES A. Measurement of payment for “Remove and Replace Ex. 6” Transite Water Main with 8” C-900, incl. Appurtenances” will be by the linear foot of completed installation measured along the invert and includes the length of fittings. B. Payment for “Remove and Replace Ex. 6” Transite Water Main with 8” C-900, incl. Appurtenances” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; removal and disposal of existing improvements regardless of material; removal of existing pipe and valves, including the legal removal, handling, transportation and disposal of materials containing asbestos or other hazardous material; dewatering and excavation (including haul and disposal of unusable and excess excavated material); furnishing and installing all valves, fittings, restraints, locator wires, warning tape, and locate test stations; laying and jointing pipe; connecting to existing water system pipe or valves; special construction (restrained flanged coupling adapter, slurry backfill, pipe sleeve, restrained joints, etc.); screening native material; test and submittal of source curve for native material (if used for backfill); pipe bedding, trench backfill, compaction, and compaction testing; water main testing, disinfection, and flushing; asbestos abatement measures as required to remove Asbestos Cement Pipe; site cleanup, and all work not covered under other bid items, in accordance with the Contract Documents. 2.05 BID ITEM 5: REMOVE AND REPLACE EX. 3/4" OR 1” WATER SERVICE LATERAL WITH 1” SERVICE A. Measurement of payment for “Remove and Replace Ex. 3/4" or 1” Water Service Lateral” shall be per each. B. Payment for “Remove and Replace Ex. 3/4" or 1” Water Service Lateral” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; verification of existing water service lateral size prior to installing new service saddle; service tap at water main; service saddle; corporation stop; PE service line; furnishing and installing all ---PAGE BREAK--- Town of Minden 9 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) fittings (including, but not limited to compression fittings, stiffeners, brass parts, bends, etc.) and locator wires; removal and disposal of existing improvements regardless of material; removal and disposal of existing service lateral; locating and reconnecting to existing meter pit; protecting homeowner’s possessions; trench dewatering and excavation (including haul and disposal of unusable and excess excavated material); and cleanup, all in accordance with the Contract Documents. C. Payment shall also include surface restoration outside of travelled roadway. Restoration work shall return worksite to equal or better condition. Surface restoration shall include, but not be limited to, landscaping (including, but not limited to sod, trees, landscape curbs, irrigation piping, decorative rock, and landscape lighting); fencing; and other soft-scape materials for driveway and property surfacing. 2.06 BID ITEM 6: REMOVE AND REPLACE EX. 6” FIRE SERVICE LATERAL INCL. APPURTENANCES A. Measurement of payment for “Remove and Replace Ex. 6” Fire Service Lateral, incl. Appurtenances” will be by the linear foot of completed installation measured along the invert and includes the length of fittings. B. Payment for “Remove and Replace Ex. 6” Fire Service Lateral, incl. Appurtenances” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; removal and disposal of existing improvements regardless of material; removal of existing pipe and valves, including the legal removal, handling, transportation and disposal of materials containing asbestos or other hazardous material; dewatering and excavation (including haul and disposal of unusable and excess excavated material); furnishing and installing all fittings, restraints, locator wires, warning tape, and locate test stations; laying and jointing pipe; connecting to existing water system pipe or valves; special construction (restrained flanged coupling adapter, slurry backfill, pipe sleeve, restrained joints, etc.); screening native material; test and submittal of source curve for native material (if used for backfill); pipe bedding, trench backfill, compaction, and compaction testing; water main testing, disinfection, and flushing; and site cleanup, all in accordance with the Contract Documents. 2.07 BID ITEM 7: REMOVE AND REPLACE EX. 4” FIRE SERVICE LATERAL INCL. APPURTENANCES A. Measurement of payment for “Remove and Replace Ex. 4” Fire Service Lateral, incl. Appurtenances” will be by the linear foot of completed installation measured along the invert and includes the length of fittings. B. Payment for “Remove and Replace Ex. 4” Fire Service Lateral, incl. Appurtenances” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; removal and disposal of existing improvements regardless of material; removal of existing pipe and valves, including the legal removal, handling, transportation and disposal of materials containing asbestos or other hazardous material; dewatering and excavation (including haul and disposal of unusable and excess excavated material); furnishing and installing all fittings, restraints, locator wires, warning tape, and locate test stations; laying and jointing pipe; connecting to existing water system pipe or valves; special construction (restrained flanged ---PAGE BREAK--- Town of Minden 10 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) coupling adapter, slurry backfill, pipe sleeve, restrained joints, etc.); screening native material; test and submittal of source curve for native material (if used for backfill); pipe bedding, trench backfill, compaction, and compaction testing; water main testing, disinfection, and flushing; and site cleanup, all in accordance with the Contract Documents. 2.08 BID ITEM 8: REMOVE AND REPLACE EX. TYPE 1 PCC CURB & GUTTER A. Measurement of payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be based on the actual lineal foot installed. Measurement will be made along the back face of curb. B. Payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be made at the unit price named in the Bid Schedule, which price shall constitute full compensation for all materials, equipment, operations and labor necessary to complete the curb and gutter including but not limited to saw-cut, removal and disposal of existing concrete and aggregate to subgrade elevation, subgrade preparation, provision and placement of base course after compaction, concrete forming, finishing and curing, expansion/contraction joints, etc. 2.09 BID ITEM 9: REMOVE AND REPLACE EX. SIDEWALK A. Measurement of payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be based on the actual square foot installed. Measurement will be made along the back face of curb. B. Payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be made at the unit price named in the Bid Schedule, which price shall constitute full compensation for all materials, equipment, operations and labor necessary to complete the curb and gutter including but not limited to saw-cut, removal and disposal of existing concrete and aggregate to subgrade elevation, subgrade preparation, provision and placement of base course after compaction, concrete forming, finishing and curing, expansion/contraction joints, etc. 2.10 BID ITEM 10: REMOVE AND REPLACE EX. VALLEY GUTTER A. Measurement of payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be based on the actual lineal foot installed. Measurement will be made along the back face of curb. B. Payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be made at the unit price named in the Bid Schedule, which price shall constitute full compensation for all materials, equipment, operations and labor necessary to complete the curb and gutter including but not limited to saw-cut, removal and disposal of existing concrete and aggregate to subgrade elevation, subgrade preparation, provision and placement of base course after compaction, concrete forming, finishing and curing, expansion/contraction joints, etc. 2.11 BID ITEM 11: REMOVE AND REPLACE PCC DRIVEWAY APRON A. Measurement of payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be based on the actual lineal foot installed. Measurement will be made along the back face of curb. B. Payment for “Remove and Replace Type 1 PCC Curb & Gutter” will be made at the unit price named in the Bid Schedule, which price shall constitute full compensation for all materials, equipment, operations and labor necessary to complete the curb and gutter including but not limited to saw-cut, removal and disposal of existing concrete and aggregate to subgrade ---PAGE BREAK--- Town of Minden 11 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) elevation, subgrade preparation, provision and placement of base course after compaction, concrete forming, finishing and curing, expansion/contraction joints, etc. 2.12 BID ITEM 12: SAWCUT AND PATCH AC PAVEMENT AC ON 6” AB) A. Measurement of payment for “Sawcut and Patch AC Pavement AC on 6” AB)” shall be per square foot. B. Payment for “Sawcut and Patch AC Pavement AC on 6” AB)” will be made at the unit price named in the Bid Schedule, which price shall constitute full compensation for all materials, equipment, operations, expenses, and labor necessary to provide and install 3 inches of bituminous surfacing on 6 inches of base course within the saw cut on the existing roadway asphalt as intended by the Drawings and required by the Specifications. This bid item shall include but is not limited to the associated subgrade preparation, disposal of deleterious materials, saw cut, removal and disposal of existing AC, tack coat, fog seal, raising existing utilities, etc. 2.13 BID ITEM 13: REMOVE AND REPLACE EX. 6” FIRE HYDRANT ASSEMBLY A. Measurement for payment for “Fire Hydrant Assembly” shall be per each. B. Payment for “Fire Hydrant Assembly” shall constitute full compensation for all labor, equipment, tools, supplies and materials required to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; pipe; bends; 6-inch gate valve, fittings; restraints; PVC riser pipe; hydrant, concrete collars; thrust blocks; tee and connection to water main; and other necessary appurtenances per plans and details; saw cutting of asphalt pavement; removal and disposal of existing improvements regardless of material; excavation; support and protection of existing utilities; bedding, backfill, compaction and compaction testing; marking tape and locator wire; disinfection and testing; and cleanup all in accordance with the Contract Documents. bid item 14: Remove and Replace Ex. 3” steel Water Main with 6” C-900, incl. Appurtenances C. Measurement of payment for “Remove and Replace Ex. 3” Steel Water Main with 6” C-900, incl. Appurtenances” will be by the linear foot of completed installation measured along the invert and includes the length of fittings. D. Payment for “Remove and Replace Ex. 3” Steel Water Main with 6” C-900, incl. Appurtenances” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, coordination of delivery, inspection and storage of materials; removal and disposal of existing improvements regardless of material; removal of existing pipe and valves, including the legal removal, handling, transportation and disposal of materials containing asbestos or other hazardous material; dewatering and excavation (including haul and disposal of unusable and excess excavated material); furnishing and installing all valves, fittings, restraints, locator wires, warning tape, and locate test stations; laying and jointing pipe; connecting to existing water system pipe or valves; special construction (restrained flanged coupling adapter, slurry backfill, pipe sleeve, restrained joints, etc.); screening native material; test and submittal of source curve for native material (if used for backfill); pipe bedding, trench backfill, compaction, and compaction testing; water main testing, disinfection, and flushing; asbestos abatement measures as required to remove Asbestos Cement ---PAGE BREAK--- Town of Minden 12 FWE #2158 2022 Waterline Replacement Price and Payment Procedures Contract Documents (March 2022) Pipe; site cleanup, and all work not covered under other bid items, in accordance with the Contract Documents. 2.14 BID ITEMS 15: MATERIAL SAMPLING AND TESTING A. No specific unit of measurement shall apply to the lump sum item “Material Sampling and Testing”. B. The lump sum bid price for “Material Sampling and Testing” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, compaction testing; water main testing, disinfection, and flushing, all in accordance with the Contract Documents. In the event that certain bid items are excluded or reduced due to budget constraints, the lump sum unit price for “Material Sampling and Testing” shall be reduced on a weighted percentage basis where the percent reduction is the total cost of the excluded items divided by the original total bid. 2.15 BID ITEM 16: POTHOLING A. Measurement of payment for “Potholing” shall be per each. B. The unit price for “Potholing” shall constitute full compensation for all labor, equipment, tools, supplies and materials to complete this item, including, but not limited to, traffic control, saw cutting, pavement removal, and excavation; exposure and measurement of existing water main and fittings; backfill; and temporary surface restoration. 2.16 BID ITEM 17: 2-INCH GRIND AND OVERLAY A. Measurement of payment for “2-Inch Grind and Overlay” shall be per square yard. B. The unit price for “2-Inch Grind and Overlay” shall constitute full compensation for all labor, equipment, mobilization, traffic control, tools, supplies and materials to complete this item, including, but not limited to sawcutting, excavating and removal of existing improvements, rotomilling, tack coat, providing, installing and compacting bituminous plantmix, protection against vandalism, temporary access ramps, reference of existing striping and incidentals necessary to complete each item as specified. 2.17 BID ITEM 18: TYPE II SLURRY SEAL A. Measurement for “Type II Slurry Seal” will be by the square yard. B. Payment for Type II Slurry Seal shall constitute full compensation for furnishing all materials, emulsion and for all preparation, mixing and applying these materials, and for all labor, equipment, mobilization, traffic control, tools, test design, protection of valve and manhole covers, clean-up, placement of temporary reflector tabs, reference of existing striping and incidentals necessary to complete and warrant the job as specified. PART 3 – EXECUTION (NOT USED) END OF SECTION