The Creel Company

Volume 1 of 2

PROJECT MANUAL

CITY OF EVERGREEN

Evergreen, Alabama

for

EVERGREEN LAGOON UPGRADE SRF Project No.: CS010335-05 MARCH 2019

Prepared By

Go o d w y n , M i l ls a n d C a w o o d , I n c . 2 6 6 0 Ea s tC h a s e L a n e, S u it e 2 0 0 M o n tg o m ery , A L 3 6 1 1 7 T : 3 3 4 . 2 7 1 . 3 2 0 0 w w w . g m c n et w o rk. c o m

GMC PROJECT NUMBER: CMGM170037

CONSTRUCTION DOCUMENTS

REV 5.16.16

OWNERSHIP OF DOCUMENTS AND DISCLAIMER The Project Manual, Technical Specifications, Drawings, and all other documents relating to this project have been prepared for this individual and particular project, and for the exclusive use of the original Owner, developer or other party so indicated. Actual project conditions and as-built conditions may vary significantly. Changes made during bidding, negotiations, construction, due to additions or deletions of portions of this project, and/or for other reasons, may not be indicated in these documents. These documents may not be used or relied upon as a certification of information indicated, or used for any other project, by any third parties or other parties, for any purpose whatsoever, without the prior written consent of Goodwyn, Mills and Cawood, Inc., or prior to receipt of mutually agreed to compensation paid to Goodwyn, Mills and Cawood, Inc., therefor. The ownership, copyrights, and all other rights to these documents, are reserved by Goodwyn, Mills and Cawood, Inc., including in part, all copies thereof in any form or media. Reproduction of the material contained in these documents or substantial quotation of their provisions without prior written permission of Goodwyn, Mills and Cawood, Inc., violates the copyright and common laws of the United States and will subject the violator to legal prosecution.

Goodwyn, Mills and Cawood, Inc. Post Office Box 242128 Montgomery, AL 36124-2128 and Birmingham, Alabama Mobile, Alabama Andalusia, Alabama Vernon, Alabama Eufaula, Alabama Huntsville, Alabama Foley, Alabama

Opelika, Alabama Columbia, South Carolina Greenville, South Carolina Nashville, Tennessee Atlanta/Alpharetta, Georgia Albany, Georgia Savannah, Georgia Smyrna, Georgia

ARCHITECTURE■ENGINEERING■ENVIRONMENTAL■GEOTECHNICAL■INTERIOR DESIGN LANDSCAPE ARCHITECTURE■PLANNING■SURVEYING■TRANSPORTATION

EVERGREEN LAGOON UPGRADE

FOR THE

CITY OF EVERGREENEVERGREEN, ALABAMA

SRF PROJECT NO.: CS010335-05GMC PROJECT NO.: CMGM-170037

TABLE OF CONTENTS

VOLUME 1

SECTION TITLE

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00002 Table of Contents

00003 Memo to Plan Holders

00052 Owner’s Instructions for Bonds and Insurance

00111 Advertisement for Bids

00152 Immigration Status Verification

00152a E-Verify Program for Employment Verification (MOU)

00152b Certificate of Compliance with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act

00200 Instructions to Bidders

00400 Statement of Contractors Qualification

00410 Bid Form

00410a Accounting of Sales Tax

00430 Bid Bond

00510 Notice of Award

00520 Agreement

00550 Notice to Proceed

00610 Performance Bond

00615 Payment Bond

00620 Contractor’s Application for Payment

00625 Certificate of Substantial Completion

00700 General Conditions

00750 Supplemental General Conditions - Owner’s

00752 Supplemental General Conditions – SRF with Bacon Davis Wage Rates

00800 Supplemental General Conditions

00940 Work Change Directive

00941 Change Order

00942 Field Order

This page intentionally left blank

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 Summary

01 21 00 Allowances

01 25 00 Substitution of Major Equipment Items & Products

01 26 00 Contract Modification Procedures

01 29 00 Payment Procedures

01 31 00 Project Management and Coordination

01 32 00 Construction Progress Documentation

01 33 00 Submittal Procedures

01 40 00 Quality Requirements

01 42 00 References

01 50 00 Temporary Facilities and Controls

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 78 23 Operation and Maintenance Data

01 78 39 Project Record Documents

01 79 00 Demonstration and Training

01 79 99 Special Specifications

01 81 00 Geotechnical Data

DIVISION 02 – EXISTING CONDITIONS

02 41 19 Selective Demolition

DIVISION 03 – CONCRETE

03 20 00 Anchorage in Concrete

03 30 00 Cast-In-Place Concrete

03 39 00 Concrete Curing

03 60 00 Grouting

DIVISION 04 - MASONRY (NOT USED)

DIVISION 05 – METALS

05 12 00 Structural Steel

05 40 00 Aluminum Handrail

05 50 00 Metal Fabrications

05 51 19 Metal Grating Stairs

05 52 13 Pipe and Tube Railings

05 53 13 Bar Gratings

05 60 00 Aluminum Hatches

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES (NOT USED)


DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 92 00 Joint Sealants

DIVISION 08 - DOORS AND WINDOWS (NOT USED)

DIVISION 09 – FINISHES

09 96 00 High-Performance Coatings

DIVISION 10 – 12 (NOT USED)

DIVISION 13 – SPECIAL CONSTRUCTION

13 10 00 Bypass Pumping

13 31 00 FRP Building Enclosure

13 31 22 Pre-Engineered Metal Canopy System


VOLUME 2

DIVISION 26 – ELECTRICAL

26 05 00 Common Work Results for Electrical

26 05 19 Low-Voltage Electrical Power Conductors and Cables

26 05 23 Control-Voltage Electrical Power Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling

26 05 53 Identification for Electrical Systems

26 22 00 Low-Voltage Transformers

26 24 13 Switchboards

26 24 16 Panelboards

26 24 19 Motor-Control Centers

26 27 13 Electricity Metering

26 27 26 Wiring Devices

26 28 13 Fuses

26 28 16 Enclosed Switches and Circuit Breakers

26 29 13.06 Soft-Start Motor Controllers

26 30 00 Duplex Control Panel

26 36 00 Transfer Switches

26 43 13 Surge Protection for Low-Voltage Electrical Power Circuits

26 51 19 LED Interior Lighting

26 56 13 Lighting Poles and Standards


DIVISION 27 – COMMUNICATION (NOT USED)


DIVISION 31 – EARTHWORK

31 05 16 Aggregates for Earthwork

31 10 00 Site Clearing

31 20 00 Earth Moving

31 23 19 Dewatering

31 25 00 Erosion and Sedimentation Controls

31 50 00 Excavation Support and Protection

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 91 13 Soil Preparation

32 92 00 Turf and Grasses

DIVISION 33 – UTILITIES

33 01 30.13 Sewer and Manhole Testing

33 01 30.61 Sewer and Pipe Joint Sealing

33 01 30.62 Manhole Grout Sealing

33 05 13 Manholes and Structures

33 05 16.13 Precast Concrete Utility Structures

33 31 11 Public Sanitary Sewerage Gravity Piping


DIVISION 40 – PROCESS INTERCONNECTION

40 05 06 Couplings, Adapters, and Specials for Process Piping

40 05 07 Hangers and Supports for Process Piping

40 05 13 Common Requirements for Process Piping

40 05 17 Copper Process Pipe and Tubing

40 05 19 Ductile Iron Process Pipe

40 05 31 Thermoplastic Process Pipe

40 05 51 Common Requirements for Process Valves

40 05 53 Identification for Process Piping

40 05 57 Actuators for Process Valves and Gates

40 05 62 Plug Valves

40 05 63 Ball Valves

40 05 65 Swing Check Valves

40 05 66 Pressure-Regulating Valves

40 05 67 Pressure-Relief Valves

40 05 78 Combination Air Valves for Wastewater Service

40 05 82 Solenoid Valves for Process Service


40 72 23 Radar Level Open Channel Flow Meters

40 72 76 Level Switches

40 73 13 Pressure and Differential Pressure Gauges

40 73 63 Diaphragm Seals


DIVISION 43 – PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT

43 12 51 Rotary Screw Compressors

43 23 40 Horizontal Self-Priming Centrifugal Pumps

43 25 13 Submersible Non-Clog Centrifugal Pumps

43 26 50 Air Operated Double-Diaphragm Pumps


DIVIONS 46 – WATER AND WASTEWATER EQUIPMENT

46 33 33 Polymer Blending and Feed Equipment

46 41 26 Floating Mechanical Aerators

46 43 63 Dissolved Air Flotation Equipment


APPENDIX A

Geotechnical Report – Dated August 20, 2018


MEMO To: All Plan Holders From: Bob Carter, PE Subject: EVERGREEN LAGOON UPGRADE FOR THE CITY OF EVERGREEN, ALABAMA SRF PROJECT NO.: CS010335-05

GMC PROJECT NO.: CMGM-170037 Date: MARCH 2019 Please be advised that all questions or comments for the above subject project will be accepted in writing only via fax or email. All questions or comments must be received in this office by 3:00 P.M., Thursday, April 11, 2019. You can fax your questions or comments to (334) 222-3573 or email [email protected]. Appropriate responses will be issued only to those items considered necessary by the Engineer via an addendum.

00003 - 1

mailto:[email protected]


EJCDC® C-052, Owner’s Instructions to Engineer Concerning Construction Bonds and Insurance for Construction. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Page 1 of 4

OWNER’S INSTRUCTIONS TO ENGINEER CONCERNING BONDS AND INSURANCE

PROJECT: EVERGREEN LAGOON UPGRADE FROM: City of Evergreen, Alabama CS010335-05 (Owner) (Owner’s Contract No.)

TO: Goodwyn, Mills & Cawood, Inc. CMGM170037 (Engineer) (Engineer’s Project No.)

The following are the Owner’s instructions with respect to the requirements for bonds and insurance to be included in the bidding documents and construction contract for the Project. Owner-required revisions to the proposed standard General Conditions and Supplementary Conditions regarding bonds and insurance are attached, or transmitted under separate cover. I. BID SECURITY

Bid security is required.

When bid security is required, such security shall be in the amount of 5% percent of the Bidder’s maximum bid price, not to exceed $10,000 in the following form(s):

The following form of bid bond:

EJCDC® C-430, Bid Bond (Penal Sum Form) (2013 edition)

Other forms of bid security acceptable to the Owner are:

Other, as follows: Cashier’s check drawn on an Alabama Bank to the order of the OWNER



II. CONSTRUCTION BONDS

Construction security is required in the following forms: Construction performance bond in [an amount equal to the Contract Price] is required in the following form:

EJCDC® C-610, Performance Bond (2013 edition)

Construction payment bond in [an amount equal to the Contract Price] is required in the following form:

EJCDC® C-615, Payment Bond (2013 edition)

III. CONTRACTOR’S LIABILITY INSURANCE

The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall not be less than the following amounts.

A. Workers’ Compensation and related coverages:

1. State: Statutory 2. Applicable Federal (e.g. Longshoreman’s): Statutory 3. Jones Act coverage, if applicable

a. Bodily injury by accident, each accident $

b. Bodily injury by disease, aggregate $

4. Employer's Liability a. Bodily injury, each accident $ 500,000 b. Bodily injury by disease, each employee $ 500,000 Bodily injury/disease aggregate $ 500,000

5. For work performed in monopolistic states, stop-gap liability coverage shall be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ [if applicable]

6. Foreign voluntary worker compensation: Statutory 7. Checked if the exception to A.M. Best requirement for worker’s compensation insurance, as detailed in EJCDC® C-800, SC-6.02.B.1, applies to this Project.

B. Contractor’s Comprehensive General Liability Insurance:

1. General Aggregate $ 2,000,000 2. Products—Completed Operations Aggregate $ 2,000,000 3. Personal and Advertising Injury $ 1,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000



C. Automobile Liability Insurance:

1. Bodily Injury a. Each Person $ 1,000,000 b. Each Accident $ 1,000,000 2. Property Damage a. Each Accident $ 500,000 [or] 1. a combined single limit of $ 1,000,000

D. Required Excess/Umbrella Liability Insurance:

1. Per Occurrence $ 4,000,000 2. General Aggregate $ 4,000,000

E. Contractor’s Pollution Liability:

1. Each occurrence $ 2. General aggregate $

F. Contractor’s Professional Liability:

1. Each claim $ 2. Annual aggregate $

G. Additional insured coverage under the Contractor’s Commercial General Liability

policy(ies) for Owner and Engineer, and others listed in the Supplementary Conditions, will be provided, subject to customary exclusions for professional liability: 1. By endorsement as additional insureds on Contractor's Commercial General

Liability policy. 2. OR by a separate Protective Liability policy covering all of them, issued by Contractor's general liability carrier. Indicate coverage amount(s): $

H. List here by name and address any additional individuals or entities (in addition to Owner and Engineer) to be identified in the Supplementary Conditions as additional insureds under the required liability policies:



I. Other Liability Insurance, if any, e.g., Railroad Protective Liability

Provided By: Type of Coverage:

IV. PROPERTY INSURANCE:

Property insurance in the form of an installation floater, to be purchased by

Contractor, is required.

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

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

CITY OF EVERGREEN, ALABAMA EVERGREEN LAGOON UPGRADE

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the EVERGREEN LAGOON UPGRADE will be received, by the City of Evergreen, at Evergreen City Hall located at 355 East Front Street, Evergreen, AL 36401, until 3:00 P.M. local time on Tuesday, April 16, 2019, at which time the Bids received will be publicly opened and read aloud. The Project consists of lagoon repairs & improvements, including sludge removal, pump station construction, concrete liner and grading, installation of dissolved air floatation, aerators, and other appurtenances.

Bids will be received for a single prime Contract. Bids shall be on a unit price basis as indicated in the Bid Form.

A PRE-BID MEETING is scheduled for Tuesday, April 9, 2019 at 3:00 P.M. at Evergreen City Hall located at 355 East Front Street, Evergreen, AL 36401. Attendance is not mandatory, but encouraged.

The Issuing Office for the Bidding Documents is Goodwyn, Mills & Cawood, Inc., 207 Church Street, Andalusia, AL 36420, Attn: Patsy Stinson (334) 222-2699. Prospective Bidders may examine the Bidding Documents at the Issuing Office Monday through Friday between the hours of 8:00 a.m. – 5:00 p.m. and may obtain copies of the Bidding Documents from the Issuing Office as described below.

Bidding Documents also may be examined at Evergreen City Hall in Evergreen, AL.

Printed copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon payment of $20.00 for a one time administrative fee for digital access/file sharing access and or/payment of $200.00 for each set. Said cost represents the cost of printing, reproduction, handling, and distribution, therefore no refund will be granted. Checks for Bidding Documents shall be payable to “Goodwyn, Mills & Cawood, Inc.” Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

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

This project is being funded by SRF Project No.: CS010335-05 and will require DBE documentation from the low, responsive, responsible bidder no later than 10 days after bid opening. Comply with all federal requirements applicable to the Loan (including those imposed by the 2014 Appropriations Act and related SRF Policy Guidelines) which the Participant understands includes, among other, requirements that all of the iron and steel products used in the Project are to be produced in the United States (“American Iron and Steel Requirement”). The Owner reserves the right to waive any informalities, or to reject any or all bids, and to award the contract to the best and most responsible bidder. All bidders shall submit, upon request, a list of projects "successfully completed" in the last 5 years, having the same scope of work and approximate construction cost as specified in this project. All bidders must comply with requirements of the Contractor's Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instructions to Bidders. All Bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Engineer; the Bidder shall show such evidence by clearly displaying the license number on the outside of the envelope in which the Proposal is delivered.

No bidder may withdraw his bid within 60 days after the opening thereof.

Owner: City of Evergreen, Alabama

By: Honorable Pete Wolff III, Mayor

END OF ADVERTISEMENT FOR BIDS


00152 - 1

IMMIGRATION STATUS VERIFICATION 1.1 GENERAL:

A. Bidders are hereby reminded that they are required to comply with requirements of Alabama Immigration Law, Act 2011-535 (also referred to as the “Beason-Hammon Alabama Taxpayer and Citizen Protection Act”, or H.B. 658), as amended by Act No. 2012-491, including in part and effective January 1, 2012, enrollment in the E-Verify Program of the United States Department of Homeland Security:

1. Contractor’s signed “E-Verify Memorandum of Understanding” will be required to

be attached to any Contract awarded. 2. General Contractors and Subcontractors shall be enrolled in, participate in and

maintain compliance for the duration of this contract, and as otherwise required by statute.

B. The following statement shall and will be included in the Contract for Construction:

“By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

C. Additional information and Guidance is available at the following websites:

1. E-Verify portal maintained by State of Alabama: http://immigration.alabama.gov 2. Alabama Office of the Attorney General Website:

http://www.ago.alabama.gov/Page-Immigration 3. Alabama Building Commission:

http://www.bc.state.al.us/PDFs/Bulletins/GuidanceonAct2012-491-DatedMay-29-2012.pdf

4. US Department of Homeland Security, E-Verify:

www.dhs.gov/E-Verify

END OF SECTION


Company ID Number:

Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13

THE E-VERIFY MEMORANDUM OF UNDERSTANDING

FOR EMPLOYERS

ARTICLE I PURPOSE AND AUTHORITY

The parties to this agreement are the Department of Homeland Security (DHS) and the _____________________ (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify.

E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS.

Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts.

ARTICLE II

RESPONSIBILITIES

A. RESPONSIBILITIES OF THE EMPLOYER

1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system:

a. Notice of E-Verify Participation

b. Notice of Right to Work

2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes.

3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify.

Company ID Number:


4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual.

5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases.

a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify.

6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:

a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218.

b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool.

Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9.

7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9.

8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.

a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly

Company ID Number:


employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify.

b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify.

9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability.

10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize.

11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.

12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge.

13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status

Company ID Number:


(including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline).

14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.

16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at [email protected]. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify.

17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties.

18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon


Company ID Number:


reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify.

19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.

20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS.

21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.

22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU.

B. RESPONSIBILITIES OF FEDERAL CONTRACTORS

1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors.

2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify.

a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.

http://www.uscis.gov/USCIS/Verification/E-Verify/everifytrademark.pdf

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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later.

c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.

d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election.

e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as:

i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,

ii. The employee’s work authorization has not expired, and

iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen).

f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if:

i. The Employer cannot determine that Form I-9 complies with Article II.A.6,

ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or

iii. The Form I-9 contains no SSN or is otherwise incomplete.

Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with

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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual.

g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article.

3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements.

C. RESPONSIBILITIES OF SSA

1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database.

2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).

3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer.

4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer.

Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218.

D. RESPONSIBILITIES OF DHS

1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU:

a. Automated verification checks on alien employees by electronic means, and

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b. Photo verification checks (when available) on employees.

2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process.

3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify.

4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.

5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.

6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify.

7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements.

8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry.

9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions.

ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS

A. REFERRAL TO SSA

1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify

Company ID Number:


case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.

2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.

3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so.

4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.

5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA.

B. REFERRAL TO DHS

1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.

2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.

3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation.

4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the

Company ID Number:


employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days.

5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally.

6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by:

a. Scanning and uploading the document, or

b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).

7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch.

8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.

9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

ARTICLE IV SERVICE PROVISIONS

A. NO SERVICE FEES

1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access.

ARTICLE V MODIFICATION AND TERMINATION

A. MODIFICATION

1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.

2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes.

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B. TERMINATION

1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties.

2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business.

3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.

4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify.

ARTICLE VI PARTIES

A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.

B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees.

C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void.

D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.

E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,

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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA).

F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension.

G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.

To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218.

Company ID Number:


Approved by:

Employer

Name (Please Type or Print)

Title

Signature

Date

Department of Homeland Security – Verification Division

Name (Please Type or Print)

Title

Signature

Date

Company ID Number:


Information Required for the E-Verify Program Information relating to your Company:

Company Name

Company Facility Address

Company Alternate Address

County or Parish

Employer Identification Number

North American Industry Classification Systems Code

Parent Company

Number of Employees

Number of Sites Verified for

Company ID Number:


Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State:

Company ID Number:


Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:

Company ID Number:


THIS PAGE INTENTIONALLY LEFT BLANK

State of Alabama ) County of Conecuh ) CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (ACT 2011-535, as amended by ACT 2012-491) DATE: RE Contract/Grant/Incentive (describe by number or subject): City of Evergreen; SRF Project Number: CS010335-05 by and between (Contractor/Grantee) and Alabama Department of Environmental Management (State Agency, Department or Public Entity) The undersigned hereby certifies to the State of Alabama as follows: 1. The undersigned holds the position of with the Contractor/Grantee named

above, and is authorized to provide representations set out in this Certificate as the official and binding act of that entity, and has knowledge of the provisions of THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (ACT 2011-535 of the Alabama Legislature, as amended by ACT 2012-491) which is described herein as “the Act.”

2. Using the following definitions from Section 3 of the Act, select and initial either (a) or (b), below, to describe the Contractor/Grantee’s business structure.

BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit.

a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, and foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State.

b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the tate, any business entity that is exempt by law from obtaining such a business license, and any business entity that is operating unlawfully without a business license.

EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household.

(a) The Contractor/Grantee is a business entity or employer as those terms are defined in Section 3 of the Act.

(b) The Contractor/Grantee is not a business entity or employer as those terms are defined in Section 3 of the Act.

3. As of the date of this Certificate, the Contractor/Grantee does not knowingly employ an unauthorized alien within the State of Alabama and hereafter it will not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama;

4. The Contractor/Grantee is enrolled in E-Verify unless it is not eligible to enroll because of the rules of that program or other factors beyond its control.

Certified this day of 20 . Name of Contractor/Grantee/Recipient

By:

Its

The above Certification was signed in my presence by the person whose name appears above, on this day of 20 .

WITNESS:

Printed Name of Witness


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

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

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

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

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

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

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

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

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

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

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

Article 9 – Contract Times ............................................................................................................................. 4

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

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

Article 12 – Subcontractors, Suppliers, and Others ...................................................................................... 5

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

Article 14 – Basis of Bid ................................................................................................................................. 6

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

Article 16 – Modification and Withdrawal of Bid ......................................................................................... 7

Article 17 – Opening of Bids .......................................................................................................................... 7

Article 18 – Bids to Remain Subject to Acceptance ...................................................................................... 7

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

Article 20 – Bonds and Insurance ................................................................................................................. 8

Article 21 – Signing of Agreement ................................................................................................................ 8

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




ARTICLE 1 – DEFINED TERMS

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

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

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

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

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

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

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

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

B. 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.”

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

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

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

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

4.01 Site and Other Areas

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

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

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

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

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

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

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

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without



exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

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

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

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

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

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% not to exceed $10,000 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

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

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

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

ARTICLE 9 – CONTRACT TIMES

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



ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until 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.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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

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

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

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

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



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.”

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 Unit Price

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

The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

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.

14.02 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.

ARTICLE 15 – SUBMITTAL OF BID

15.01 The Bidder is required to submit a bound copy of the Bidding Documents intact with the Bid. 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 City of Evergreen.

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

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

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

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

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

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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



ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

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

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

19.03 Evaluation of Bids

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

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

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

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

ARTICLE 20 – BONDS AND INSURANCE

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

ARTICLE 21 – SIGNING OF AGREEMENT

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



Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 - SALES AND USE TAXES

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


00400-1

STATEMENT OF CONTRACTORS QUALIFICATIONS FOR THE

EVERGREEN LAGOON UPGRADE FOR THE

CITY OF EVERGREEN, AL GMC PROJECT NO.: CMGM170037 SRF PROJECT NO.: CS010335-05

DATE:

1. COMPANY NAME: ADDRESS: STATE: ZIP CODE: CONTACT PERSON: PHONE NUMBER: 2. COMPANY IS: SOLE PROPRIETORSHIP CORPORATION PARTNERSHIP 3. INFORMATION ON PRINCIPALS:

NAME TITLE 4. PROPOSED SUPERINTENDENT INFORMATION: NAME YEARS WITH YEARS IN ROADWAY YEARS AS A FIRM CONSTRUCTION SUPERINTENDENT


00400-2

5. PROPOSED FOREMAN INFORMATION NAME YEARS WITH YEARS IN ROADWAY YEARS AS A FIRM CONSTRUCTION FOREMAN 6. MAJOR EQUIPMENT AVAILABLE FOR THIS PROJECT, INCLUDING TRUCKS: TYPE OF EQUIPMENT MODEL NUMBER OF UNITS 7. INSURANCE CAPABILITIES: (MAXIMUM INSURANCE): COMPANY: CONTACT PERSON: PHONE NO: 8. MAXIMUM BONDING CAPABILITIES: BONDING COMPANY: CONTACT PERSON: PHONE NO:


00400-3

9. LIST AT LEAST FOUR (4) LAGOON UPGRADE PROJECTS COMPLETED BY YOUR FIRM IN THE LAST FIVE

(5) YEARS THAT HAVE SIMILAR PROJECT CONDITIONS.

(USE THE FOLLOWING FORMAT)

A) LOCATION: OWNER: CONTACT PERSON: PHONE NO.: PHONE NO.: DATE COMPLETED: PROJECT ENGINEER: CONTACT PERSON: PHONE NO.: CONTRACT BID AMT: $ FINAL CONTRACT AMT: $ CONTRACT COMPLETION TIME: DAYS

B) LOCATION: OWNER: CONTACT PERSON: PHONE NO.: PHONE NO.: DATE COMPLETED: PROJECT ENGINEER: CONTACT PERSON: PHONE NO.: CONTRACT BID AMT: $ FINAL CONTRACT AMT: $ CONTRACT COMPLETION TIME: DAYS


00400-4

C) LOCATION: OWNER: CONTACT PERSON: PHONE NO.: PHONE NO.: DATE COMPLETED: PROJECT ENGINEER: CONTACT PERSON: PHONE NO.: CONTRACT BID AMT: $ FINAL CONTRACT AMT: $ CONTRACT COMPLETION TIME: DAYS

D) LOCATION: OWNER: CONTACT PERSON: PHONE NO.: PHONE NO.: DATE COMPLETED: PROJECT ENGINEER: CONTACT PERSON: PHONE NO.: CONTRACT BID AMT: $ FINAL CONTRACT AMT: $ CONTRACT COMPLETION TIME: DAYS 10. IDENTIFY ANTICIPATED PERSONNEL TO BE ASSIGNED TO THIS PROJECT:

A) SUPERVISOR/FOREMAN (NAMES) B) NUMBER OF CREWS AND NUMBER OF WORKERS


00400-5

11. FINANCIAL REFERENCES: INSTITUTION CONTACT PHONE NUMBER 12. PROVIDE A COMPLETE LIST OF ALL SUBCONTRACTORS TO BE USED ON THIS PROJECT. FOR EACH

SUBCONTRACTOR, ATTACH A COMPLETE “STATEMENT OF QUALIFICATIONS” USING ITEMS 1 THROUGH 11 ABOVE.

13. PROVIDE A COMPLETE WORK SCHEDULE AND A PROJECT NARRATIVE, WHICH EXPLAINS IN DETAILS HOW YOUR

COMPANY PLANS TO COMPLETE THE PROJECT. PLEASE DESCRIBE THE EQUIPMENT YOU PLAN TO USE, THE

HOURS YOU WILL WORK, YOUR SAFETY COMPLIANCE, TRUCKING SCHEDULE, IDENTIFY THE STORAGE AREA FOR

EQUIPMENT AND MATERIALS, AND ALL OTHER ELEMENTS OF WORK NECESSARY TO COMPLETE THE PROJECT

AS DESCRIBED IN THE PLANS AND SPECIFICATIONS. YOU MAY USE SEPARATE PAGES FOR THIS DESCRIPTION

AND ATTACH THEM TO THIS SECTION.


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


BID FORM

LAGOON UPGRADE

FOR THE

CITY OF EVERGREEN, ALABAMA

SRF PROJECT NO.: CS010335-05

GMC PROJECT NO.: CMGM-170037



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

TABLE OF CONTENTS

Page

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

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

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

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

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

Article 6 – Time of Completion ..................................................................................................................... 5

Article 7 – Attachments to this Bid ............................................................................................................... 5

Article 8 – Defined Terms.............................................................................................................................. 6

Article 9 – Bid Submittal................................................................................................................................ 6




ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of Evergreen

P. O. Box 229

Evergreen, AL 36401

Attn: Honorable Pete Wolff, III, Mayor

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

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

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

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

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

Addendum No. 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: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.




E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

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

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

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

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

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

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

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

1. “corrupt practice” means the offering, giving, receiving, or soliciting of 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 (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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




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

ARTICLE 5 – BASIS OF BID

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

ITEM NO QTY. UNIT DESCRIPTION

UNIT PRICE

TOTAL PRICE

1 1 LS Mobilization

2 302 LF 16" PVC SS (C-502)

3 73 LF 12" PVC SS (C-502)

4 29 LF 18" PVC SS (C-502)

5 3 EA 4 FT Precast Concrete Manhole (C-502)

6 30 LF 8" PVC SS (C-502)

7 2 EA 4 FT "Doghouse" Concrete Manholes (C-502)

8 1 EA 2000 GPM Submersible Pump Station Including Electrical (Complete) (D-101)

9 1 EA Abandon Existing Influent Pump Station

10 550 LF 14" HDPE DR 11 Force Main (C-502)

11 120 LF 12" DI Force Main, Class 51 (C-502)

12 3 EA HDPE / DI Transitions

13 2 EA 10" Plug Valves at Lagoon (C-502)

14 1 EA 16" Plug Valve (C-503)

15 1 EA 20" Plug Valve (C-503)

16 2 TONS DI Fittings

17 1 LS Valves (D-906)

18 1 EA 16" SS Tie In & Plug (C-502)

19 1 EA 12" SS Tie In & Plug (C-502)




20 18 EA Concrete Supports for HDPE Force Main (C-502)

21 2 EA Concrete Splash Pads (C-502)

22 2 EA Drain Primary Ponds and Spread Debris Piles

23 10,500 LF Reconstruct Pond Dikes (C-902)

24 4,000 CY Select Backfill

25 8,000 LF Concrete Dike Liner (4' Width) (C-602)

26 2,500 LF Concrete Dike Liner (5' Width) (C-602)

27 2 EA Drain Secondary Ponds (C-602)

28 1 EA 20" Wet Connection (C-503)

29 1 LS 16" Manhole Connection (C-503)

30 1 LS DAF Unit Complete / Including Sludge Pump Station and Electrical (C-504)

31 650 LF 16" Bypass Line (C-503)

32 1 LS 20" Manhole Tie In (C-504)

33 500 LF 4" Sludge Force Main (C-503)

34 1 LS Sludge Disposal System w/Bag (D-901)

35 1 LS Clearing and Grubbing

36 6,000 LF Silt Fence

37 500 LF Wattles

38 10 AC Grassing

39 300 TONS No. 825 Crushed Stone Base

40 100 TONS No. 57 Crushed Stone

41 300 CY Topsoil

42 10 EA Surface Aerators (Primary Cells), Including Electrical (D-501)




43 4 EA Surface Aerators (Secondary Cells), Including Electrical (D-502)

44 1 LS DAF Influent Pump Station w/piping,

Including Electrical (D-231)

45 1 LS Storm Water Permitting

46 12 MOS Storm Water Monitoring

47 1 LS Demolition & Excavation

48 1 LS Construction Stakeout / As-Built Survey

49 25 CY Miscellaneous Concrete

50 1,000 SY Engineering Fabric

51 5 AC Mulching

52 8 HRS Bypass Pumping

53 1 LS Materials Testing Allowance

$20,000 $20,000

TOTAL BID

NOTE: CONTRACTOR SHALL WRITE IN THE NAME OF THE SUPPLIED MANUFACTURER OF MAJOR EQUIPMENT ADJACENT TO EACH LINE ITEM.

Total number of calendar days to substantially complete the Work: 270 days.

Liquidated Damages Rate (from Agreement): $500.00/day.

Bonds required under Paragraph 6.01 of the General Conditions will be based on the Contract Price.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete within 270 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 280 calendar days after the date when the Contract Times commence to run.

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. List of Proposed Subcontractors;




C. List of Proposed Suppliers;

D. List of Project References;

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

F. Contractor’s License No.: _______________

ARTICLE 8 – DEFINED TERMS

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

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By: [Signature]

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

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

NOTE TO USER: Use in those states or other jurisdictions where applicable or required.


To: Date:

NAME OF PROJECT: SRF Project No.: CS010335-05; GMC Project No.: CMGM170037

SALES TAX ACCOUNTING

ESTIMATED SALES TAX AMOUNT

TOTAL BID: $__________________________

Legal Name of Bidder ______________________________________________________________

Mailing Address ____________________________________________________________________

*By (Legal Signature) ____________________________________

*Name (type or print) ___________________________________ (Seal)

*Title _________________________________________________

Telephone Number _____________________________________

(Awarding Authority)

ACCOUNTING OF SALES TAXAttachment to Proposal Form

Pursuant to Act 2013-205, Section 1(g) the Contractor accounts for the sales tax NOT included in the bid proposal form as follows:

Failure to provide an accounting of sales tax shall render the bid non-responsive. Other than determining responsivement, sales tax accounting shall not affect the bid pricing nor be considered in the determination of the lowest responsible and responsive bidder.

00410a

LAGOON UPGRADE

City of Evergreen


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): City of Evergreen 355 East Front Street Evergreen, AL 36401 BID Bid Due Date: April 16, 2019 Description (Project Name— Include Location): Lagoon Upgrade - Evergreen, Alabama BOND Bond Number: Date: _____ / _____ / _____ Penal sum (5% not to exceed $10,000) (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.


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.


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

Page 1 of 2

NOTICE OF AWARD

Date of Issuance: _____ / _____ / _____

Owner: City of Evergreen Owner's Contract No.:

Engineer: Goodwyn, Mills & Cawood, Inc. Engineer's Project No.: CMGM170037

SRF Project No: CS010335-05 Contract Name: Lagoon Upgrade

Bidder:

Bidder’s Address:

TO BIDDER:

You are notified that Owner has accepted your Bid dated April 16, 2019 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

Lagoon Upgrade ____________________________________ . [describe Work, alternates, or sections of Work awarded]

The Contract Price of the awarded Contract is: $ __________________

[4] 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.

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

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

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.

Owner: City of Evergreen

By: Pete Wolff, III

Title: Mayor Copy: Engineer

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

Page 2 of 2


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,


AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between CITY OF EVERGREEN (“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: Lagoon Upgrade.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Lagoon repairs and improvements, including sludge removal, pump station construction, concrete liner, grading, dissolved air floatation, and aerators. SRF Project No.: CS010335-05, GMC Project No.: CMGM170037

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by Goodwyn, Mills & Cawood, Inc.

3.02 The Owner has retained Goodwyn, Mills & Cawood, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. 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 270 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 280 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the 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 $500.00 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 $500.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. Total of Unit Price Work: ($__________).

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract

a. 95 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. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 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 As per HB24, Act #2014-404, all monies not paid when due to the Contractor shall be entitled to interest from awarding authority at the rate assessed for underpayment of taxes under Section 40-1-44(a), Code of Alabama, on the unpaid balance due.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

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

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

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

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 (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) 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 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 (pages 00520-1 to 00520-6, inclusive).

2. Performance bond (pages 00610-1 to 00610-3, inclusive).

3. Payment bond (pages 00615-1 to 00615-3, inclusive).

4. Other bonds.

a. Bid Bond (pages 00430-1 to 00430-2, inclusive).

5. General Conditions (pages 00700-i to 00700-65, inclusive).

6. Supplementary Conditions – Section 00750 (5 pages) and Section 00800 (9 pages).

7. Specifications as listed in the table of contents of the Project Manual.

8. Drawings (not attached but incorporated by reference) consisting of 84 sheets with each sheet bearing the following general title: Evergreen Lagoon Upgrade for the City of Evergreen, AL., SRF Project No.: CS010335-05, GMC Project No.: CMGM170037.

9. Addenda (numbers ___ to ___, inclusive).

10. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages 00410-i to 00410-7, inclusive).

11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Work Change Directives.

b. Change Orders.

c. 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.




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 (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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




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

ARTICLE 11 – E-VERIFY

11.01 By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.


12.1 As required per HB24, Act #2014-404, it is stated the SRF loan monies will be the source of sufficient funds to be utilized to fulfill the Owner’s obligations under the contract and funds are held by the Owner at the time of the execution of the contract.

12.2 Should previous undetected cultural resources be detected during project activities, work shall cease and the Alabama Historical Commission shall be contacted for consultation immediately.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on _______ ___ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

CITY OF EVERGREEN

By: By:

Title: Pete Wolff III, Mayor 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:

P. O. Box 229

Evergreen, AL 36401

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.)

NOTE TO USER: Use in those states or other jurisdictions where applicable or required.


EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 2

NOTICE TO PROCEED Owner: City of Evergreen Owner's Contract No.: CS010335-05

Contractor: Contractor’s Project No.:

Engineer: Goodwyn, Mills& Cawood, Inc. Engineer's Project No.: CMGM170037

Project: Evergreen Lagoon Upgrade Contract Name: Evergreen Lagoon Upgrade

Effective Date of Contract: _____ / _____ / _____

TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [_____________________, 20__]. [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is ________________________, and the date of readiness for final payment is_____________________] or [the number of days to achieve Substantial Completion is 270, and the number of days to achieve readiness for final payment is 280].

Before starting any Work at the Site, Contractor must comply with the following:

Owner: City of Evergreen Contractor:

_____________________________________ _______________________________________ By: Pete Wolff, III By: Title

Mayor______________________ Title: ________________________________ Date Issued:_________________________ Date Issued:___________________________

Copy: Engineer

EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2 of 2

EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

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

OWNER (name and address): City of Evergreen 355 East Front Street Evergreen, Alabama 36401

CONSTRUCTION CONTRACT

Effective Date of the Agreement: _____ / _____ / _____ Amount: $________________ Description (name and location): Evergreen Lagoon Upgrade - Evergreen, Alabama

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): _____ / _____ / _____ Amount: $________________ Modifications to this Bond Form: None See Paragraph 16

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

CONTRACTOR AS PRINCIPAL SURETY

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



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

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

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

5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence,

to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

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

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

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

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

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

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

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



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

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

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

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

14. Definitions

14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims

for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

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

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

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

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

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

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,


PAYMENT BOND

CONTRACTOR (name and address):

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

OWNER (name and address): City of Evergreen 355 East Front Street Evergreen, Alabama 36401

CONSTRUCTION CONTRACT

Effective Date of the Agreement: _____ / _____ / _____ Amount: $______________ Description (name and location): Evergreen Lagoon Upgrade - Evergreen, Alabama

BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: $______________ Modifications to this Bond Form: None See Paragraph 18

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

CONTRACTOR AS PRINCIPAL SURETY

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



1. The Contractor and Surety, jointly and severally, bind

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

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

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

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

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

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

5.1.1 have furnished a written notice of non-

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

5.1.2 have sent a Claim to the Surety (at the

address described in Paragraph 13).

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

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

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

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

7.2 Pay or arrange for payment of any undisputed amounts.

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

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

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

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

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



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

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

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

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

16. Definitions

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

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

was done, or materials or equipment furnished;

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

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

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

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

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

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

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

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

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

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

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

18. Modifications to this Bond are as follows:

EJCDC® C-620 Contractor's Application for Payment© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 1 of 4

Contractor's Application for Payment No.Application Application Date:

Period:

To From (Contractor): Via (Engineer):

(Owner):Contract:

Owner's Contract No.: CS010335-05 Contractor's Project No.: Engineer's Project No.:

1. ORIGINAL CONTRACT PRICE.......................................................... $

2. Net change by Change Orders................................................................ $

3. Current Contract Price (Line 1 ± 2)....................................................... $

4. TOTAL COMPLETED AND STORED TO DATE

(Column F total on Progress Estimates)................................................. $

5. RETAINAGE:

a. X Work Completed......... $

b. X Stored Material............ $

c. Total Retainage (Line 5.a + Line 5.b)............................ $

6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)........................... $

7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $

8. AMOUNT DUE THIS APPLICATION................................................. $

9. BALANCE TO FINISH, PLUS RETAINAGE

(Column G total on Progress Estimates + Line 5.c above)..................... $

Contractor's Certification

Payment of: $

is recommended by:

Payment of: $

is approved by:

Contractor Signature

By: Date: Approved by:

Project:

CMGM170037

Goodwyn, Mills & Cawood, Inc.

Evergreen Lagoon Upgrade

City of Evergreen355 East Front StreetEvergreen, AL 36401


Additions

Application For Payment

Change Order Summary

Number Deductions

Approved Change Orders

(Line 8 or other - attach explanation of the other amount)

(Line 8 or other - attach explanation of the other amount)

(Date)

Funding or Financing Entity (if applicable)

TOTALS

CHANGE ORDERS

(Date)

(Date)(Engineer)

(Owner)

NET CHANGE BY

The undersigned Contractor certifies, to the best of its knowledge, the following: (1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.


Page 2 of 4

Progress Estimate - Lump Sum Work

For (Contract): Application Number:

Application Period: Application Date:

B C D Materials Presently Total Completed Balance to FinishStored (not in C or D) and Stored to Date (B - F)

(C + D + E)From Previous Application

(C+D)

Totals

% (F / B)

GE

Specification Section No. Description

Contractor's Application


Scheduled Value ($)

A

This Period

FWork Completed


Page 3 of 4

Progress Estimate - Unit Price Work Contractor's ApplicationFor (Contract): Application Number:



A B C D E F

% (F / B) Bid Item No. Description

Balance to Finish (B - F)

Contract Information

Item Quantity Units Unit Price Total Value

of Item ($)

Item Estimated Quantity Installed

Value of Work Installed to

Date

Materials Presently Stored (not in C)

Total Completed and Stored to Date

(D + E)

Totals


Page 4 of 4

Stored Material Summary Contractor's ApplicationFor (Contract): Application Number:


B E G

Supplier Invoice No.

Submittal No. (with

Specification Section No.)

A C

Bid Item No.

Storage Location Description of Materials or Equipment Stored


D FStored Previously Incorporated in Work

Date Placed into Storage

(Month/Year)

Amount ($)

Date (Month/ Year)

Amount ($)

Materials Remaining in Storage ($) (D + E - F)

Amount Stored this Month ($)

Subtotal Amount Completed and Stored to Date

(D + E)

Totals

EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 2

CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: City of Evergreen Owner's Contract No.: CS010335-05 Contractor: Contractor’s Project No.: Engineer: Goodwyn, Mills & Cawood, Inc. Engineer's Project No.: CMGM170037 Project: Evergreen Lagoon Upgrade Contract Name: Evergreen Lagoon Upgrade 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: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.]

Amendments to Owner's responsibilities: None

As follows Amendments to Contractor's responsibilities: None As follows:

The following documents are attached to and made a part of this Certificate: [punch list; 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: Bob Carter, P. E. Pete Wolff, III Contractor (Authorized Signature)

Title: Project Manager Title: Mayor Title:

Date: Date: Date:

EJCDC® C-625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2 of 2

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


STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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


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




ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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



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

1.02 Terminology

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

B. Intent of Certain Terms or Adjectives:

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

C. Day:

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

D. Defective:

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

a. does not conform to the Contract Documents; or

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

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

E. Furnish, Install, Perform, Provide:

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

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



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

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

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

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

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

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

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

2.02 Copies of Documents

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

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

2.03 Before Starting Construction

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

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

2. a preliminary Schedule of Submittals; and



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

2.04 Preconstruction Conference; Designation of Authorized Representatives

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

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

2.05 Initial Acceptance of Schedules

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

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

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

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

2.06 Electronic Transmittals

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

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

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



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

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

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

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

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

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

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

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

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

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

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

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



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

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

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

B. Resolving Discrepancies:

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

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

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

3.04 Requirements of the Contract Documents

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

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

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



3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

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

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

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

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

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

4.02 Starting the Work

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

4.03 Reference Points

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

4.04 Progress Schedule

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

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



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

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

4.05 Delays in Contractor’s Progress

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

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

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

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

2. abnormal weather conditions;

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

4. acts of war or terrorism.

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

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

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



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

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

5.01 Availability of Lands

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

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

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

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

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

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



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

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

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

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

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

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

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

3. Technical Data contained in such reports and drawings.

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

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

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

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



5.04 Differing Subsurface or Physical Conditions

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

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

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

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

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

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

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

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

D. Possible Price and Times Adjustments:

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

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

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



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

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

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

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

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

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

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

5.05 Underground Facilities

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

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

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

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

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

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

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

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



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

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

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

E. Possible Price and Times Adjustments:

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

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

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

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

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

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

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



5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

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

2. Technical Data contained in such reports and drawings.

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

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

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

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

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

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

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



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

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

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

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

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

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




6.01 Performance, Payment, and Other Bonds

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

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

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

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

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

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

6.02 Insurance—General Provisions

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

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

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



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

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

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

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

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

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

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

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

6.03 Contractor’s Insurance

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

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

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

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



4. Foreign voluntary worker compensation (if applicable).

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

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

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

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

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

1. Products and completed operations coverage:

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

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

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

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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



6.04 Owner’s Liability Insurance

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

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

6.05 Property Insurance

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

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

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

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

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



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

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

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

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

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

10. not include a co-insurance clause.

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

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

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

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

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

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

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

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



6.06 Waiver of Rights

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

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

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

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

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

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

6.07 Receipt and Application of Property Insurance Proceeds

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



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

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

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

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

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

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

7.02 Labor; Working Hours

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

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

7.03 Services, Materials, and Equipment

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

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



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

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

7.04 “Or Equals”

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

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

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

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

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

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

4) it is not objectionable to Owner.

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

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

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

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

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



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

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

7.05 Substitutes

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

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

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

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

a. shall certify that the proposed substitute item will:

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

2) be similar in substance to that specified, and

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

b. will state:

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

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

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

c. will identify:

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



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

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

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

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

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

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

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

7.06 Concerning Subcontractors, Suppliers, and Others

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

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

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

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



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

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

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

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

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

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

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

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

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

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



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



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

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 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.

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 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.

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 Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

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

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

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



8.02 Coordination

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

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

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

3. the extent of such authority and responsibilities.

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

8.03 Legal Relationships

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

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

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



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

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

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

9.02 Replacement of Engineer

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

9.03 Furnish Data

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

9.04 Pay When Due

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

9.05 Lands and Easements; Reports, Tests, and Drawings

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

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

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

9.06 Insurance

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

9.07 Change Orders

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



9.08 Inspections, Tests, and Approvals

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

9.09 Limitations on Owner’s Responsibilities

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

9.10 Undisclosed Hazardous Environmental Condition

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

9.11 Evidence of Financial Arrangements

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

9.12 Safety Programs

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

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

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

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

10.02 Visits to Site

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

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



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

10.03 Project Representative

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

10.04 Rejecting Defective Work

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

10.05 Shop Drawings, Change Orders and Payments

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

B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C. Engineer’s authority as to Change Orders is set forth in Article 11.

D. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.



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

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1. Change Orders:

a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an



adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on



the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals

A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under



the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.



B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation:

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim



submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable



thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

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

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

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

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

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

c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

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

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes



other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

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

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C.

E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.



B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

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

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

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

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.

E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

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

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

3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.



ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to



cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.



B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will



include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

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



a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or



e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner:

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:

a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. the Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. the Contract Price has been reduced by Change Orders;

i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

l. there are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount



remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.



E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.

2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance.

15.05 Final Inspection

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

15.06 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of



inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all disputes that Contractor believes are unsettled; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment.

D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation,



including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

15.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such other adjacent areas;

2. correct such defective Work;

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

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

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



E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses,



and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

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

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

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

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

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for



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.


18.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02 Computation of Times

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

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.



18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

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

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Headings

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




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SUPPLEMENTAL GENERAL CONDITIONS 1. COPIES OF DOCUMENTS 1.1 Section 2.02 of the General Conditions is hereby modified. The Contractor will be

furnished with three complete sets of plans and specifications. Any additional sets required can be purchased for the payment fee as stipulated in the Advertisement for Bids.

2. SUBCONTRACTORS, SUPPLIERS AND OTHERS 2.1 The Contractor will be required to submit a list of Subcontractors, Suppliers and other

persons and organizations (including those who are to furnish the principal items of material and equipment) to the Owner in advance of the specified date prior to the Effective Date of the Agreement.

3. SHOP DRAWINGS AND SAMPLES 3.1 Section 7.16 of the General Conditions is hereby modified to require all shop drawings to

bear a stamp reading The Contractor hereby represents that all field measurements, field construction criteria, materials, dimensions, catalog numbers and other similar data have been determined and verified and that each shop drawing and sample has been checked and coordinated with the requirements of the work and of the contract documents along with the name of the Contractor.

4. PAYMENTS TO CONTRACTOR 4.1 Monthly estimates for payment shall be submitted to the office of the Engineer by the

Friday nearest the 25th of each month 5. AS-BUILTS 5.1 The General Contractor shall be responsible for providing a complete set of marked up

as-built/record drawings to the Engineer for review and approval prior to final payment. The General Contractor shall be responsible for securing the same from all subcontractors and suppliers. Both vertical and horizontal final locations for all structures, pipelines, and related appurtenances shall be provided. Vertical locations shall be tied to project bench mark elevations and horizontal locations shall be tied to property lines, right-of-ways, roadway centerline or other above grade permanent fixture.

6. OR EQUAL 6.1 Where "or equal" or "approved equal" occurs in the specifications, the Contractor will be

allowed under the procedure outlined below to submit for approval prior to the bid opening detailed information concerning alternative products. The information shall contain:

1) A copy of the contract specifications that name the materials, products and

manufacturers as specified.

2) The manufacturers’ specifications for the materials, products and performance of the proposed alternative.

3) Submittals concerning all proposed substitutions shall be submitted in writing to

the Engineer 14 days or more prior to the date of the bid opening. All submittals

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shall be made in good faith and shall be certified as verifiably equal or superior to the specified item.

4) All submittals shall include all data that would be present in construction drawings

and specifications, including complete names and descriptions, dimensions, performance verification, and latest catalog numbers.

5) If a new material is proposed for substitution, data shall be provided on laboratory

tests and standards that have been observed in the design of the product.

6) If a new fabricator is proposed, information concerning his capabilities and experience shall be included in the submittal.

7) The Engineer will review the or equal submittal package as quickly as possible

and will issue a written opinion to the Contractor and to all other bidders within two days of the bid opening.

7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES 7.1 Immediately after execution and delivery of the contract, and before the first partial

payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price.

7.2 The Contractor shall schedule the work to be completed within the time for completion as

provided in the contract. Work shall be scheduled during regular work times during week days, except for special or emergency situations that may arise. Engineer shall be notified in writing at least two days in advance of any overtime or weekend work schedules, except in the case of emergencies. Contractor shall be responsible for any extra inspection and testing costs resulting from work performed under special work hour conditions.

8. SUBSTITUTIONS 8.1 Any proposal for alternate equipment shall be accompanied by full engineering

calculations demonstrating the combined hydraulic and electrical performance of the proposed equipment. Additional data required for evaluation will include, but not be limited to, pump curves, complete control data, including proposed schematic circuitry, and a list of at least 5 successful installations of equal or larger size to that specified. A complete operational history of and supervisor contact for each reference, telephone numbers of personnel contacts and dates of equipment installation and acceptance shall be provided prior to approval of alternate equipment. The Contractor shall be responsible for accumulation of all data required for equipment evaluation.

8.2 In the event the Contractor obtains Engineer's approval of equipment other than that for

which the station was originally laid out, the Contractor shall make at his own expense, any changes in structures, buildings, piping, wiring, or other appurtenances necessary to

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accommodate the alternate equipment, and shall furnish proposed blueprint drawings, 24" x 36" size minimum, to show clearly and illustrate any and all changes in the station to the Engineer. As-built drawings, 24" x 36" minimum, will be required to show the completed structure with alternate equipment installed. All drawings shall be accurately dimensioned and scaled.

8.3 It will be assumed that the cost to the Contractor of the equipment proposed for

substitution is less than that of the equipment specified in the contract. Prior to approval of any substitute equipment, the Contractor shall provide firm documentation of the pricing for both the specified and alternate equipment. The Contract Price shall then be reduced by an amount exactly equal to the difference in cost between the specified and the alternate equipment.

9. DOCUMENTATION 9.1 The Contractor shall supply three sets of detailed submittal drawings, Operation and

Maintenance instruction manuals, and parts lists for all equipment provided as a part of this contract. Standard submittals will consist of the following as an absolute minimum:

1. Outline Drawings

2. Electrical Data and As-Built Schematics 3. Equipment Performance Data 4. Control Panel Schematics and Dimensional Data 5. Installation Data for all Equipment 6. Factory Certifications Required

Operation and Maintenance manuals and parts lists shall be provided to the Owner after the equipment has been started and placed into automatic operation by the supplier. Three sets of manuals shall be provided to the Owner. All manuals shall be new and unused and shall pertain to the type and model of equipment provided. General manuals that do not give specific details concerning the equipment actually provided shall not be acceptable.

10. PROTECTION OF OWNER 10.1 The Contractor hereby agrees to hold harmless, indemnify and defend the Owner, the

Owner's agent, the Consulting Engineers, and the owner's employees while acting within the scope of their duties from and against any and all liability, claims, damages, and cost of defense arising out of the Contractor's performance of the work described herein but not including the sole negligence of the Owner, his agents or employees. The Contractor will require any and all subcontractors to conform with the provisions of this clause prior to commencing any work and agrees to name as additional insured the Owner and the Consulting Engineer.

10.2 The Contractor and his insurer, by the contractor's execution of the Contract, shall waive

all rights of subrogation against the Owner, Architect, and their Consultants, on all insurance provided by the Contractor and by every Subcontractor.

10.3 The Contractor and his insurer agree all policies furnished by Contractor shall contain no exclusion pertaining to faulty workmanship, job related accident, safety of construction sequences. 11. CONTRACTOR'S LIABILITY INSURANCE 11.1 Additionally named insureds shall be the Owner, the Engineer and their Consultants.

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11.2 All insurance certificates shall provide for "Waiver of Subrogation" against the Owner, Engineer and their Consultants, by the Contractor, Subcontractors, and their insurers. 12. NOTICE OF COMPLETION 12.1 The Contractor shall immediately after the completion of the contract give notice of said

completion by an advertisement in some newspaper of general circulation published within the city or county wherein the work has been done for a period of four successive weeks. The notice shall comply with Title 39, Chapter 1, Section 1, Subsection (f), Code of Alabama.

12.2 The notice shall notify all creditors to file any claims for unpaid bills in writing with the

Owner prior to a date specified in the notice. The Contractor shall submit a draft of the completion notice to the engineer for approval prior to publication.

13. RECORD DOCUMENTS (DRAWINGS) 13.1 The Contractor shall maintain at the construction site or in the home office, one set of

contract drawings to be annotated as Record Drawings. All deviations from the contract drawings shall be clearly marked on this set of drawings. The Record Drawing shall be updated each work day and shall show all deviations from the contract drawings as well as actual conditions found including but not limited to: - Underground utilities showing both horizontal location and depth of utility, size

and type, etc. - Drainage structures - Other conditions

Periodic payment requests shall not be processed by the Engineer or Owner until the Contractor has satisfied the Engineer that Record Drawings are current.

The Final Record Drawing shall be delivered to the Engineer with the final pay estimate.

The costs for maintaining Record Drawings shall be a subsidiary obligation to the unit cost/lump sum as shown in the proposal.

14. SAFETY AND PROTECTION 14.1 All safety precautions in connection with traffic control shall be in accordance with the

recommendations procedures and requirements contained in the "Manual on Uniform Traffic Control Devices", Section G.

15. SALVAGE MATERIAL 15.1 All metals and devices removed from the project that can be returned for scrap shall

be the property of the Owner. Owner shall have first right of refusal on all items that are to be demolished, removed or scrapped from the project. Contractor shall provide a list of such items in written form to the Owner. Prior to the Contractor salvaging any material for his own gain, the contractor shall obtain written approval from the Owner.

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16. METHOD OF AWARD 16.1 If Owner awards the contract for the Work, such award shall be to the responsible

Bidder submitting the lowest responsive Bid. 17. HB 24, Act #2014-404 CODE OF ALABAMA Approved House Bill 24, Act #2014-404, effective on July 1, 2014 amends §39-2-2

and §39-2-12 relating to public works contracts. The new legislation, among other things:

1) Requires pre-bid meetings to be held at least seven days prior to the bid opening.

2) Prohibits the modification of specifications within 24 hours of an opening of a bid on any public works contract.

3) Provides that the awarding authority shall designate a person to review the progress of completed work and to review documents submitted by the contractor.

4) Reduces the time for payment of completed work on public works contracts by an awarding authority. Generally, partial payment shall be made as work progresses at the end of each calendar month, but in no case later than 35 days after acceptance of work by the awarding authority. If any payment is made after the 35 day period for payment, the awarding authority must pay interest at the rate assessed for underpayment of taxes under §40-1-44(a), Code of Alabama.

5) Provides for the review and approval of the progress of completed work and provides procedures for the dispute of any submitted invoice.

6) Provides that the awarding authority may not offer a contract for bidding unless confirmation of any applicable grant has been received and any required matching funds have been secured by or are available to the awarding authority.

END OF SECTION

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State of Alabama Alabama Department of Environmental Management State Revolving Fund (SRF) Loan Program SRF Section Permits and Services Division Alabama Department of Environmental Management Post Office Box 301463 Montgomery, Alabama 36130-1463

(334) 271-7796 (334) 271-7950 FAX

Supplemental General Conditions

for SRF Assisted

Public Drinking Water and Wastewater Facilities Construction Contracts

SRF Project Number: _______________

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Table of Contents:

I ADEM Special Conditions…………………………………………... SGC-3

II Bonds and Insurance………………………………………...……... SGC-3

III Utilization of Disadvantaged Business Enterprises (DBEs) ……. SGC-3 IV Six Affirmative Steps for Good Faith DBE Solicitation ….………. SGC-4 V Documentation Required from Owner and Contractor …………… SGC-5 VI Resources for Identifying DBE Contractors/Subcontractors…….. SGC-7 VII DBE Compliance Form………………………………………………. SGC-8 VIII EPA Form 6100-2 DBE Subcontractor Participation Form………. SGC-10 IX EPA Form 6100-3 DBE Subcontractor Performance Form…….… SGC-12 X EPA Form 6100-4 DBE Subcontractor Utilization Form……….….. SGC-14 XI EPA Form 5700-52 A MBE/WBE Utilization Reports…………..… SGC-16 XII Changes to Approved DBE Compliance Form……………………. SGC-21 XIII Certification Regarding Equal Employment Opportunity…………. SGC-22 XIV Debarred Firms Certification………………………………………… SGC-23 XV Davis-Bacon and Related Acts…………………………………….. SGC-24

XVI American Iron and Steel……………………….………..………….. SGC-33 XVII Project Sign Detail - CWSRF………………………….….………… SGC-34 XVIII Project Sign Detail - DWSRF……………………….…….………… SGC-35 XIX Construction Contract Requirements………………..…..……….… SGC-36 XX Project Review and Cost Summary……………………................. SGC-37

SRF Supplemental General Conditions

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I – ADEM Special Conditions 1. Construction within State right-of-way shall be in accordance with Alabama Department of

Transportation policies and procedures. 2. Construction is to be carried out in compliance with applicable NPDES permits and in a

manner that prevents bypassing of raw wastewater flows during construction. If bypassing is anticipated, the ADEM NPDES Enforcement Branch (334-271-7975) shall be advised in advance and the contractor shall take all necessary steps to minimize the impacts of bypassing.

3. Siltation and soil erosion shall be minimized during construction. The contractor shall

obtain an NPDES storm water permit for construction if required. 4. The owner shall provide and maintain competent and adequate supervision and inspection. 5. ADEM and EPA shall have access to the site and the project work at all times. 6. These Special Conditions shall supersede any conflicting provisions of this contract. 7. A project sign is required. See Parts XVII and XVIII, pages SGC-34 – SGC-35, for more

information. II – Bonds and Insurance Bonding requirements shall comply with Alabama Act No. 97-225. Provisions of the Act are summarized below: 1. Bid Bond – Not less than 5% of either the owner’s estimated cost or of the contractor’s bid

up to a maximum $10,000. The bid guarantee shall consist of a cashier’s check drawn on an Alabama bank or a bid bond executed by a surety company duly authorized and qualified to make bonds in the State of Alabama.

2. Performance Bond – 100% of the contract price. 3. Payment Bond – Payable to the awarding authority, shall be executed in an amount not less

than 50% of the contract price. In addition to the insurance requirements elsewhere in the specifications, the owner or the contractor, as appropriate, must acquire any flood insurance made available by the Federal Emergency Management Agency as required by 40 CFR 30.600 (b), if construction will take place in a flood hazard area identified by the Federal Emergency Management Agency. III – Utilization of Disadvantaged Businesses Enterprises (DBEs) It is the policy of the State Revolving Loan Fund (SRF) to promote a “fair share” of sub-agreement awards to small, minority, and women-owned businesses for equipment, supplies, construction, and services. Compliance with these contract provisions is required in order for project costs to be eligible for SRF funding. The “fair share” objective is a goal, not a quota. Failure on the part of the apparent successful bidder to submit required information to the loan recipient (Owner) may be considered by the Owner in evaluating whether the bidder is responsive to bid requirements.


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The project objectives for utilization of Minority Business Enterprises (MBE's) and Women's Business Enterprises (WBE's) are as follows: Commodities (Supplies) MBE 4% WBE 11% Contractual (Services) MBE 8% WBE 30% Equipment MBE 5% WBE 20% Construction MBE 2.5% WBE 3% For purposes of clarification: • This objective applies to any Federally assisted procurement agreement in excess of

$10,000.

• This objective necessitates three responsibilities; separate solicitations must be made of small and minority and women's business enterprises.

• A minority business is a business, at least 51 percent of which is owned and controlled by minority group members (Black; Hispanics; Asian American; American Indian; and, any other designations approved by the Office of Management and Budget).

• A women's business is a business, at least 51 percent of which is owned and controlled by one or more women.

• The control determination will revolve around the minority or woman owner's involvement in the day-to-day management of the business enterprise.

• Solicitation should allow adequate time for price analysis; ADEM recommends that contact be made no later than 15 days before bid opening.

• Efforts taken to comply with this objective must be documented in detail; maintain records of firms contacted, including any negotiation efforts to reach competitive price levels, and awards to the designated firms.

• ADEM recommends that the prime contractor utilize the services of the Minority Business Development Service Centers. These Centers are funded by the U.S. Department of Commerce to provide technical, financial and contracting assistance to minority and women's business enterprises. These Centers are located in a number of Regional cities.

• Use of the services provided by Centers does not absolve the prime contractors from pursuing additional efforts to meet this objective.

IV – Six Affirmative Steps for Good Faith DBE Solicitation The loan recipient shall follow the six affirmative steps found in the SRF application when using loan funds to procure sources of supplies, construction and services. If the successful bidder plans to subcontract a portion of the project, the bidder must submit to the owner within 10 days after bid opening, evidence of the affirmative steps taken to utilize small, minority and women's businesses. These six affirmative steps or ‘good faith efforts’ are required methods to ensure that DBEs have the opportunity to compete for procurements funded by EPA financial assistance dollars. Such affirmative steps are described as follows: 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. This will include placing DBEs on solicitation lists and soliciting them whenever there are potential sources.


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2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the resources, services, and assistance of the Department of Transportation (DOT), Small Business Administration (SBA), and the Minority Business Development Agency of the Department of Commerce (MBDA). 6. If the Contractor awards subcontracts, it must take the steps described in items (1) through (5) listed above. V – Documentation Required from Owner and Contractor The low, responsive, responsible bidder must forward the following items, in duplicate, to the Owner no later than 10 days after bid opening. The Owner shall transmit one (1) copy of its DBE documentation of the prime contractor solicitation and the bidder’s DBE documentation of all subcontractor solicitation to ADEM within 14 days after bid opening. 1. SRF project number and project name. 2. List of subcontractors (name, address and telephone) with dollar amount and duration for

subcontracts). If there are to be no subcontractors, please indicate as such. 3. List of any subcontract work yet to be committed with estimate of dollar amount and

duration of contract. 4. DBE Documents - See Part IV, page SGC-3. 5. Debarred Firms Certification – See Part XIV, page SGC-23. 6. Certification Regarding Equal Employment Opportunity – See Part XIII, page SGC-22. The Owner shall submit annual MBE/WBE Utilization Reports (EPA Form 5700-52A, pages SGC-16 - SGC-17) within 30 days of the end of the annual reporting period (October 30th). Submit reports directly to:

Diane Lockwood Administrative Section Fiscal Branch Alabama Department of Environmental Management Post Office Box 301463 Montgomery, Alabama 36130-1463


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The Prime Contractor must submit the following items to the Owner: 1) DBE Compliance Form. The Owner must submit this information to ADEM to demonstrate compliance with the DBE requirements. ADEM’s approval is required prior to award of the construction contract and commencement of any SRF-funded construction. (Page SGC-8) 2) Certification Regarding Equal Employment Opportunity. This form is required for the prime contractor and for all subcontractors. The prime contractor’s form should be submitted with the DBE Compliance Form and the subcontractors’ forms should be submitted as the subcontracts are executed. (Page SGC-22) 3) Debarred Firms Certification. This form is required for the prime contractor and for all subcontractors. The prime contractor’s form should be submitted with the DBE Compliance Form and the subcontractors’ forms should be submitted as the subcontracts are executed. (Page SGC-23) 4) EPA Form 6100-2 DBE Subcontractor Participation Form. This form gives a DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much the DBE subcontractor was paid, and any other concerns the DBE subcontractor might have. The prime contractor must provide this form to each DBE subcontractor for the DBE subcontractor’s submittal to ADEM’s DBE Coordinator (to be forwarded to EPA’s DBE Coordinator). (Page SGC-10) 5) EPA Form 6100-3 DBE Subcontractor Performance Form. This form captures an intended DBE subcontractor’s description of work to be performed for the prime contractor and the price of the work. This form is to be provided by the prime contractor to each DBE subcontractor and submitted with the DBE Compliance Form. (Page SGC-12) 6) EPA Form 6100-4 DBE Subcontractor Utilization Form. This form captures the prime contractor’s intended use of an identified DBE subcontractor and the estimated dollar amount of the work. This form is to be completed by the prime contractor and submitted with the DBE Compliance Form. (Page SGC-14) 7) EPA Form 5700-52 A MBE/WBE Utilization Reports (DBE Annual Report). The Owner must submit this information to ADEM within 30 days of the end of the annual reporting period (October 30th). (Pages SGC-16 - SGC-17) 8) Changes to Approved DBE Compliance Form. If any changes, substitutions, or additions are proposed to the subcontractors included in previous Department approvals, the Owner must submit this information to the Department for prior approval in order for the affected subcontract work to be eligible for SRF funding. (Page SGC-21) 9) Certified Payrolls. These should be submitted to the Owner at least monthly for the prime contractor and all subcontractors. The Owner must maintain payroll records and make these available for inspection. Please note that DBEs, MBEs, and WBEs must be certified by EPA, SBA, or DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA’s). DBEs must be certified in order to be counted toward the recipient’s MBE/WBE accomplishments. Depending upon the certifying agency, a DBE may be classified as a DBE, a Minority Business Enterprise (MBE), or a Women’s Business Enterprise (WBE). The documentation of these good faith solicitation efforts must be detailed in order to allow for satisfactory review. Such documentation might include fax confirmation sheets, copies of solicitation letters/emails, printouts of the online solicitations, printouts of online search results, affidavits of publication in newspapers, etc. The prime contractor is strongly encouraged to follow up each written, fax, or email solicitation with at least 1 logged phone call. The prime contractor must employ the six affirmative steps to subcontract with DBEs, even if the prime contractor has achieved its fair share objectives.


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If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must notify the Owner in writing prior to any termination and must employ the six good faith efforts described above if using a replacement subcontractor. Any proposed changes from an approved DBE subcontractor must be reported to the Owner and to ADEM on the Changes to Approved Subcontractors Form prior to initiation of the action. EPA Forms Nos. 6100-3 and 6100-4 must also be submitted to ADEM for new DBE subcontracts. VI – Resources for Identifying DBE Contractors/Subcontractors The following organizations may provide assistance in soliciting DBE participation: City of Birmingham Office of Economic Development ATTN: Andrew Mayo, Economic Specialist 710 20th Street North Birmingham, Alabama 35203 205/254-2799 205/254-7741 FAX [email protected] U.S. Small Business Administration http://www.pro-net.sba.gov National Association of Minority Contractors (NAMC) http://www.namc-atl.org

Alabama Department of Transportation ATTN: John Huffman 1409 Coliseum Boulevard Montgomery, Alabama 36130 334-244-6261 http://www.dot.state.al.us U.S. Department of Commerce Minority Business Development Agency 401 West Peachtree Street NW – Suite 1715 Atlanta, Georgia 30308 404/730-3300 404/730-3313 FAX http://www.mbda.gov/

Governor’s Office of Minority and Women’s Business Enterprises 401 Adams Avenue Suite 360 Montgomery, Alabama 36130 1-800-447-4191 334/242-2220 334/242-4203 FAX Birmingham Construction Industrial Authority ATTN: Rhonsha Walker or Kimberly Bivins 3600 4th Avenue South Birmingham, Alabama 35222 205/324-6202 205/324-6210 FAX http://www.BCIA1.org

NOTES: (1) The Owner and the prime contractor shall use the necessary resources to identify and directly solicit no less than 3 certified DBE/MBE firms and 3 WBE firms to bid in each expected contract/subcontract area. If a diligent and documented search of ALDOT, SBA, and MBDA directories does not identify 3 potential certified DBE/MBE firms and 3 potential certified WBE firms, then the prime contractor shall post an advertisement in at least 1 of the other online or print resources. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (2) Expenditures to a DBE that acts merely as a broker or passive conduit of funds, without performing, managing, or supervising the work of its subcontract in a manner consistent with normal business practices may not be counted. (3) The prime contractor should attempt to identify and first solicit DBEs in the geographic proximity of the project before soliciting those located farther away. (4) In addition, you may contact ADEM’s DBE Coordinator, Diane Lockwood, at (334) 271-7815 for assistance.


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mailto:[email protected]�

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http://www.namc-atl.org/�

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VII – DBE Compliance Form PLEASE NOTE: ALL INFORMATION OUTLINED ON THIS FORM IS REQUIRED FOR DBE COMPLIANCE. THE PROPOSED PRIME CONTRACTOR AND OWNER SHOULD ENSURE THAT THIS INFORMATION IS COMPLETE PRIOR TO SUBMITTAL. Loan Recipient: __________________________ SRF Loan Number: __________________ CERTIFICATIONS: I certify that the information submitted on and with this form is true and accurate and that this firm has met and will continue to meet the conditions of this construction contract regarding DBE solicitation and utilization. I further certify that criteria used in selecting subcontractors and suppliers were applied equally to all potential participants and that EPA Forms 6100-2 and 6100-3 were distributed to all DBE subcontractors. ________________________________________ Date____________ (Prime Contractor signature) ________________________________________ (Printed name and title) I certify that I have reviewed the information submitted on and with this form and that it meets the requirements of the Owner's State Revolving Fund loan contract. ________________________________________ Date____________ (Signature of Owner or Owner's representative) ________________________________________ (Printed name and title) GENERAL INFORMATION: Owner contact: ______________________________________________________________________ Owner phone number/email: ____________________________________________________________ Consulting engineer contact: ____________________________________________________________ Consulting engineer phone number/email: _________________________________________________ Proposed prime contractor: _____________________________________________________________ Prime contractor contact: ______________________________________________________________ Prime contractor phone number/email: ____________________________________________________ Proposed prime contract amount: $ ________________ Proposed total DBE/MBE participation: $ ________________ Percentage: ____% Goal: 2.5% Proposed total WBE participation: $ ________________ Percentage: ____% Goal: 3.0%


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City of Evergreen

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CS010335-05

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Pete Wolff III, Mayor

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City of Evergreen / Darrell Davis

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251-578-7216 / [email protected]

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GMC / Bob Carter

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334-222-2699 / [email protected]

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Please submit the following with the DBE COMPLIANCE FORM: (1) List of all committed and uncommitted subcontractors by trade, including company name, address, telephone number, contact person, dollar amount of subcontract, and DBE/MBE/WBE status. Indicate in writing if no solicitations were made because the contractor intends to use only its own forces to accomplish the work. (2) Proof of certification by EPA, SBA, DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA’s) for each subcontractor listed as a DBE, MBE, or WBE. (3) Documentation of solicitation effort for prospective DBE firms, such as fax confirmation sheets, copies of solicitation letters/emails, printout of the online solicitations, printouts of online search results, affidavits of publication in newspapers, etc. The prime contractor is strongly encouraged to follow up each written, fax, or email solicitation with at least 1 logged phone call. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (4) Justification for not selecting a certified DBE subcontractor that submitted a low bid for any subcontract area. (5) Certification By Proposed Prime Contractor or Subcontractor Regarding Equal Employment Opportunity. (Page SGC-22) (6) Debarred Firms Certification. (Page SGC-23) (7) EPA Form 6100-3 DBE Subcontractor Performance Form for all DBE subcontracts. (Page SGC-12) (8) EPA Form 6100-4 DBE Subcontractor Utilization Form for all DBE subcontracts. (Page SGC-14)


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VIII - EPA Form 6100-2 DBE Subcontractor Participation Form


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A EAaA United States 0 Jl"i\~~~i~~mental Protection OMB Control No: 2090-0030

Approved: 8/13/2013 Approval Expires: 8/31/2015

Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form

An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. This form gives a DBE1 subcontractor2 the opportunity to describe work received andfor report any concerns regarding the EPA-funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance.

Subcontractor Name Project Name

Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact

Address

Telephone No. Email Address

Prime Contractor Name Issuing/Funding Entity:

Contract Description of Work Received from the Prime Contractor Involving Amount Received Item Construction, Services , Equipment or Supplies by Prime

Number Contractor

1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has b.een certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204·33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202.

2subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100-2 (DBE Subcontractor Participation Form)

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VIII - EPA Form 6100-2 DBE Subcontractor Participation Form


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A EA~A United States 0 J'"'i\ ~~;~~mental Protection OMB Control No: 2090·0030

Approved:S/13/2013 Approval Expires: 8/31/2015

Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form

Please use the space below to report any concerns regarding the above EPA-funded project:

Subcontractor Signature Print Name

Title Date

The public reporting and record keeping burden for this collection of information is estimated to average three (3) hours

per response. Send comments on the Agency's need for this information, the accuracy of the provided burden

estimates, and any suggested methods for minimizing respondent burden, including through the use of automated

collection techniques to the Director, Collection Strategies Division, U.S. Envi~onmental Protection Agency (2822T), 1200

Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send

the completed form to this address.

EPA FORM 6100·2 (DBE Subcontractor Participation Form)

IX - EPA Form 6100-3 DBE Subcontractor Performance Form


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A EAtA United States 0 J"'i\~~~~~mental Protection OMB Control No: 2090-0030


Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form

This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package.

Subcontractor Name Project Name

Bid/ Proposal No. Assistance Agreement 10 No. (if known) Point of Contact

Address


Prime Contractor Name Issuing/Funding Entity:

Contract Item Number Description of Work Submitted to the Prime Contractor Price ofWork Involving Construction, Services, Equipment or Supplies Submitted to the

Prime Contractor

DBE Certified By: _Q_ DOT ..Q..SBA Meets/ exceeds EPA certification standards?

0 Other: 0 YES 0 NO ...Q_ Unknown

1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202.

2subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services

pursuant to an EPA award of financial assistance.

EPA FORM 6100-3 (DBE Subcontractor Performance Form)

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IX - EPA Form 6100-3 DBE Subcontractor Performance Form


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A EAtA United Statoa 0 ~1~~~~~montal Protection OMB Control No: 2090-0030


Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form

I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).

Prime Contractor Sie:nature Print Name

Title Date

Subcontractor Signature Print Name

Title Date

The public reporting and record keeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.

EPA FORM 6100·3 (DBE Subcontractor Performance Form)

X - EPA Form 6100-4 DBE Subcontractor Utilization Form


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A EAtA United States 0 l"\.1~~~~~mental Protection OMB Control No: 2090-0030

Approved:B/13/2013 Approval Expires: 8/31/2015

Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form

This form is intended to capture the prime contractor's actual and/or anticipated use of identified certified DBEt subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file.

Prime Contractor Name Project Name

Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact

Address


Issuing/Funding Entity:

I have identified potential DBE I .Q. YES I s:lNO certified subcontractors If yes, please complete the table below. If no, please explain:

Subcontractor Name/ Company Address/ Phone/ Email Est. Dollar Currently Company Name Amt DBE

Certified?

Continue on back if needed

1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entitles that meet or exceed EPA certification standards as described in 40 CFR 33.202.

2 Subcontractor is defined as a company, firm, joint venture. or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100·4 (DBE Subcontractor Utilization Form)

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X - EPA Form 6100-4 DBE Subcontractor Utilization Form


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A EA~United Status ~ Environmental Protection ' ' Agency

OMB Control No: 2090-0030 Approved:B/13/2013

Approval Expires: 8/31/2015

Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form

I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c).

Prime Contractor Signature Print Name

Title Date

The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours

per response. Send comments on the Agency's need for this information, the accuracy of the provided burden

estimates, and any suggested methods for minimizing respondent burden, including through the use of automated

collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200

Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send

the completed form to this address.

EPA FORM 6100·4 (DBE Subcontractor Utilization Form)

XI - EPA Form 5700-52A MBE/WBE Utilization Reports


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U.S. ENVIRONMENTAL PROTECTION AGENCY MBEIWBE UTILIZATION UNDER FEDERAL GRANTS

AND COOPERATIVE AGREEMENTS

OMB CONTROL NO APPROVED· APPROVAL EXPIRES:

2090-0030 0510112008 12122/2013

PART I. (Reports are required even if no procurements are made during the reporting period.) 1A. FEDERAL FISCAL YEAR 1 B. REPORTING PERIOD (Check ALL appropriate boxes)

(Oct. 1-Sep 30) B 1st (Oct-Dec) 0 2nd (Jan-Mar) 0 3'd (Apr..Jun) 0 41h (Jui-Sep)

Semi-Annual (Oct-Mar) 0 Semi-Annual (Apr-Sep) 20 __ []Annual

0 Check if this Is the last report for the project (Project completed).

1C. REVISION OF A PRIOR REPORT? Y BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: orN Year:

Quarter:

2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS ( ATIN: DBE 3A. RECIPIENT NAME AND ADDRESS Coordinator)

28. EPA DBE COORDINATOR 2C. PHONE: 38. RECIPIENT REPORTING CONTACT: 3C. PHONE:

Name: Name:

E-mail: Fax: E-mail: Fax:

4A. FINANCIAL ASSISTANCE AGREEMENT 10 NUMBER 48. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE or CFDA (SRF State Recipients. refer to Instructions for Completion of blocks NUMBER: 4A. SA and 5C.)

5A. TOTAL ASSISTANCE AGREEMENT AMOUNT 58. If NO procurement and NO accomplishments were made this reporting period (by the (SRF State Recipients, refer to Instructions for Completion of blocks recipients, sub-recipients, loan recipients, and prime contractors), CHECK and SKIP to Block 4A, 5A and 5C.) No. 7. (Procurements are all expenditures through contract, order, purchase, lease or barter of

EPA Share: s supplies, equipment, construction, or services needed to complete Federal assistance programs. Accomplishments. In this context, are procurements made with MBEs and/or WBEs.

Recipient Share: $ D

5C. Total Procurements This Reporting Period (Only include amount not reported in any prior reporting period)

Total Procurement AmountS (Include total dollar values awarded by recipient, sub-recipients and SRF loan recipients, Including MBEIWBE expenditures.)

50.

Were sub-awards issued under this assistance agreement? YesD NoQ Were contracts issued under this assistance agreement? YesD_ NoD

5E. MBEMIBE Accomplishments This Reporting Period

Actual MBEJWBE Procurement Accomplished: (Include total dollar values awarded by recipient, sub-recipients, SRF loan recipients and Prime Contractors.)

Construction Egulpmenl Services Supplies Total

SMBE: 0.00

SWBE: 0.00

6. COMMENTS: (If no MBEJWBE procurements were accomplished during the reporting period, please explain what steps you are taking to achieve the MBEIWBE Program requirements specifted in the terms and conditions of the Assistance Agreement.)

7. NAME OF RECIPIENT'S AUTHORIZED TIUE REPRESENTATIVE

8. SIGNATURE OF RECIPIENT'S AUTHORIZED DATE

REPRESENTATIVE

EPA FORM 570D-52A avatlable electrontcally at http://www.epa.gov/osbp/pdfs/5700 52a.pdf



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PART II.

1. Procurement Made By

Recipient I Sub- Prime Recipient

and/orSRF Loan

Recipient

i

I

Type of product or service codes:

MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD EPA Financial Assistance Agreement Number:-------

2. Business 3. $Value of 4. Date of 5. Type of 6. Name/Address/Phone Number of MBEJWBE Enterprise Procurement Procurement Product or Contractor or Vendor

MM/OOIYY ServicesA Minority Women (Enter Code)

i

I I

I I ;

I I I I I I

I

I I I I

1 = Construction 2 = Supplies 3 = Services 4 = Equipment Note: Refer to Terms and conditions of your Assistance Agreement to determine the frequency or reporting. Recipients are required to submit MBEIWBE reports to EPA beginning with the Federal fiscal year quarter the recipients receive the award, continuing until the project is completed.

EPA FORM 5700-52A- (Approval Expires 12122113)



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Instructions: A. General Instructions:

MBE/WBE utilization is based on 40 CFR Part 33. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements, or other Federal financial assistance which involve procurement of supplies, equipment, construction or services to accomplish Federal assistance programs.

Recipients are required to report 30 days after the end of each federal fiscal quarter, semiannually, or annually, per the terms and conditions of the financial assistance agreement.

Quarterly Semiannual Annual Reporting Reporting Reporting Due Date Due Date Due Date

Agreements January 30, awarded April30, N/A October

prior to May July 30, 30 27.2008 October 30

Agreements awarded on N/A Apri130, October or after May October30 30

27,2008

MBE/WBE program requirements, Including reporting, are material terms and conditions of the financial assistance agreement.

B. Definitions:

Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs.

A contract is a written agreement between an EPA recipient and another party (also considered "prime contracts") and any lower tier agreement (also considered "subcontracts") for equipment, services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. This definition includes personal and professional services, agreements with consultants, and purchase orders.

A minority business enterprise fMBEl is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. In order to qualify and participate as an MBE prime or subcontractor for EPA

recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B.

U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information.

A woman business enterprise fWBEl is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. In order to qualify and participate as a WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B.

Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by nonminority individuals do not qualify for meeting MBEIWBE procurement goals. U.S. Citizenship is required.

Good Faith Efforts

A recipient is required to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under an EPA financial assistance agreement. These good faith efforts for utilizing MBEs and WBEs must be documented. Such documentation is subject to EPA review upon request:

1. Include ofMBEs/WBEs on solicitation lists.

2.

3.

4.

5.

Assure that MBEs/WBEs are solicited once they are identified.

Divide total requirements into smaller tasks to permit maximum MBEIWBE participation, where feasible.

Establish delivery schedules which will encourage MBEIWBE participation, where feasible.

Encourage use of the services of the U.S. Department of Commerce's Minority Business Development Agency (MBDA) and the U.S. Small Business Administration to identify MBEs/WBEs.



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6. Require that each party to a subgrant, subagreement, or contract award take the good faith efforts outlined here.

C. Instructions for Part 1:

1a. Specify Federal fiscal year this report covers. The Federal fiscal year runs from October 1st through September 30th (e.g. November 29, 2010 falls within Federal fiscal year 2011)

1b. Che~k applicable reporting box, quarterly, semiannually, or annually. Also indicate if this is the last report for the project.

1c. Indicate if this is a revision to a previous year, half-year, or quarter, and provide a brief description of the revision you are making.

2a-c. Please refer to your financial assistance agreement for the mailing address of the EPA financial assistance office for your agreement.

The "EPA DBE Reporting Contact" is the DBE Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA OSBP website at www.epa.gov/osbp. Click on "Regional ContactsQ for the name of your coordinator.

3a-c. Identify the agency, state authority, university or other organization which is the recipient of the Federal financial assistance and the person to contact concerning this report.

4a. Provide the Assistance Agreement number assigned by EPA. A separate report must be submitted for each Assistance Agreement.

*For SRF recipients: In box 4a list numbers for ALL OPEN Assistance Agreements being reported on this form. Please note that although the New DBE Rule (which took effect May 27, 2008) revised the reporting frequency requirements from quarterly to semiannually, that change only applies to agreements awarded AFTER the New DBE Rule took effect. Therefore, SRF recipients may either continue to report activity for all Agreements on one form on a quarterly basis until the last award that was made prior to the New DBE Rule has been closed out; OR, the recipient may split the submission of SRF reports into quarterly reports for Agreements awarded prior the New DBE Rule, and semiannually for the awards made after the New DBE Rule.

4b.

Sa.

Sb.

Sc.

Sd.

Se.

6.

Refer back to Assistance Agreement document for this information.

Provide the total amount of the Assistance Agreement which includes Federal funds plus recipient matching funds and funds from other sources.

*For SRF recipients only: SRF recipients will not enter an amount in Sa. Please leave 5a blank.

Self-explanatory.

Provide the total dollar amount of ALL procurements awarded this reporting period by the recipient, sub-recipients, and SRF loan recipients, including MBEIWBE expenditures. For example: Actual dollars for procurement from the procuring office; actual contracts let from the contracts office; actual goods, services, supplies, etc., from other sources including the central purchasing/ procurement centers).

*NOTE: To prevent double counting on line 5C, if any amount on SE is for a subcontract and the prime contract has already been included on Line 5C in a prior reporting period, then report the amount going to MBE or WBE subcontractor on line 5E, but exclude the amount from Line 5C. To include the amount on SC again would result in double counting because the prime contract, which includes the subcontract, would have already been reported.

State whether or not sub-awards and/or subcontracts have been issued under the assistance agreement by indicating "yes" or •no".

Where requested, also provide the total dollar amount of all MBEJWBE procurement awarded du~ng this reporting period by the recipient, subrecipients, SRF loan recipients, and prime contractors in the categories of construction, equipment, services and supplies. These amounts include Federal funds plus recipient matching funds and funds from other sources.

*For SRF recipients only: In 5c please enter the total procurement amount for the quarter, or semiannual period, under all of your SRF Assistance Agreements. The figure reported in this section is not directly tied to an individual Assistance Agreement identification number. (SRF state recipients report state procurements In this section)

If there were no MBEIWBE accomplishments this reporting period, please briefly explain what



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7.

specific steps you are taking to achieve the MBEIWBE requirements specified in the terms and conditions of the Assistance Agreement. Name and title of official administrator or designated reporting official.

8. Signature, month, day, and year report submitted.

D. Instructions for Part II:

For each MBEIWBE procurement made under this assistance agreement during the reporting period, provide the following information:

1. Check whether this procurement was made by the recipient, sub-recipient/SRF loan recipient, or the prime contractor.

2. Check either the MBE or WBE column. If a firm is both an MBE and WBE, the recipient may choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The recipient may also divide the total amount of the procurement (using any ratio it so chooses) and count those divided amounts toward its MBE and WBE accomplishments. If the recipient chooses to divide the procurement amount and count portions toward its MBE and WBE accomplishments, please state the appropriate amounts under the MBE and WBE columns on the form. The combined MBE and WBE amounts for that MBEJWBE contractor must not exceed the "Value of the Procurement" reported in column #3

3. Dollar value of procurement.

4. Date of procurement, shown as month, day, year. Date of procurement is defined as the date the contract or procurement was awarded, not the date the contractor received payment under the awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing Is the procurement method, the date of procurement is the date the purchase was made)

5. Using codes at the bottom of the form, identify type of product or service acquired through this procurement (e.g., enter 1 if construction, 2 if supplies, etc).

6. Name, address, and telephone number of MBEIWBE firm.

··This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Part 30, 31,

and 33); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided.

The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address.

XII - Changes to Approved DBE Compliance Form


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Loan Recipient: ___________ _ SRF Loan Number:-------~

CERTIFICATIONS: I certify that the information submitted on and with this form is true and accurate and that this firm has met and will continue to meet the conditions of this construction contract regarding DBE solicitation and utilization. I further certify that criteria used in selecting subcontractors and suppliers were applied equally to all potential participants.

Date. ____ _ (Prime Contractor signature)

(Printed name and title)

I certify that I have reviewed the information submitted on and with this form and that it meets the requirements of the Owner's State Revolving Fund loan contract.

Date. ____ _ (Signature of Owner or Owner's representative)

(Printed name and title)

GENERAL INFORMATION:

(1) If an approved subcontractor is terminated or replaced, please identify this company and briefly state reason.

(2) For new or additional subcontractors, list name, trade, address, telephone number, contact person, dollar amount of subcontract, and DBE status.

(3) Attach proof of certification by EPA, SBA, DOT (or by state, local, Tribal, or private entities whose certification criteria match EPA's) for each subcontractor listed as a DBE, MBE, or WBE.

(4) Attach documentation of solicitation effort for prospective DBE firms, such as fax confirmation sheets, copies. of solicitation letters/emails, printouts of the online solicitations, printouts of online search results, affidavits of publication in newspapers, etc. The prime contractor is strongly encouraged to follow up each solicitation with at least 1 logged phone call. Whenever possible, post solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

(5) Provide justification for not selecting a certified DBE subcontractor that submitted a low bid for any subcontract area.

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City of Evergreen

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CS010335-05

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Pete Wolff III, Mayor

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XIII – Certification Regarding Equal Employment Opportunity

The contractor is required to comply with Executive Order 112-46 of September 24, 1965 entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967. The contract for the work under this proposal will obligate the prime contractor and its subcontractors not to discriminate in employment practices. The contractor shall not maintain or provide for his/her employees the facilities, which are segregated on a basis of race, creed, color or national origin, whether such facilities are segregated by directive or on a de facto basis. The contractor must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain his/her eligibility to receive the award of the contract. The contractor must be prepared to comply in all respects with any contract provisions regarding non-discrimination stipulated in conjunction with labor standards. CONTRACTOR'S CERTIFICATION: Contractor's Name: Address:

1. Bidder has participated in a previous contract or

subcontract subject to the Equal Opportunity Clause. 2. Compliance Reports were required to be filed in

connection with such contract or subcontract. 3. Bidder has filed all compliance reports due under

applicable contract requirements. If answer to item 3 is “No”, please explain in detail on reverse side of this certification.

Yes____ No____ Yes____ No____ Yes____ No____

Certification - The information above is true and complete to the best of my knowledge and belief. Signature of Authorized Official: Title: Date:


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XIV – Debarred Firms Certification All prime construction contractors shall certify that Subcontracts have not and will not be awarded to any firm that is currently on the General Service Administration's Master List of Debarred, Suspended and Voluntarily Excluded Persons, in accordance with the provisions of ADEM Administrative Code 335-6-14-.35. Debarment action is taken against a firm for noncompliance with Federal Law. All bidders shall complete this certification in duplicate and submit both copies to the owner with the bid proposal. The owner shall transmit one copy to ADEM within 14 days after the bid opening. Project Name: SRF Project No.: The undersigned hereby certifies that the firm of

has not and will not award a subcontract, in

connection with any contract awarded to it as the result of this bid, to any firm that

is currently on the General Service Administration's Master List of Debarred,

Suspended, and Voluntarily Excluded Persons.

Signature of Authorized Official: Title: Date:


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CS010335-05

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XV – Davis-Bacon and Related Acts Labor Standards Provisions for Federally Assisted Contracts Wage Rate Requirements Under FY 2013 Continuing Appropriation I. Requirements under the Consolidated and Further Continuing Appropriations Act. 2013 (P.L. 113-6) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient. If a State recipient needs guidance, the recipient may contact Cynthia Y. Edwards at [email protected] or at 404-562-9340 of EPA, Region 4 Grants and SRF Management Section, for guidance. The recipient or subrecipient may also obtain additional guidance from DOL's web site at http://www.dol.gov/whd/ 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations.


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(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3. Contract Subcontract Provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2010 appropriation , the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and


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(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.


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(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA , the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.


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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.


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If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.


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4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.


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5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the subrecipient should conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor’s submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract . Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/esa/contacts/whd/america2.htm.


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(Insert applicable wage rate determination here.) Wage Rates are county specific for Heavy Construction and can be found at: http://www.gpo.gov/davisbacon/al.html .


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http://www.gpo.gov/davisbacon/al.html�

General Decision Number: AL190070 01/04/2019 AL70 Superseded General Decision Number: AL20180128 State: Alabama Construction Type: Heavy Including Water and Sewer Line Construction Counties: Choctaw, Clarke, Conecuh, Escambia, Marengo, Monroe, Perry, Sumter, Washington and Wilcox Counties in Alabama. Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 ENGI0312-010 09/01/2011 PERRY and SUMTER COUNTY Rates Fringes Operating Engineers: Crane and Cherry Picker.....$ 25.90 10.65 Oiler.......................$ 22.83 10.65 Cranes with 100 ft. or more boom receive $0.25 extra per hour, Cranes with 200 ft. or more boom receive $0.50 extra per hour,

Cranes with 350 ft. or more boom recieve $1.10 extra per hour, Cranes with 500 ft. or more boom receive $1.45 extra per hour, Tower Cranes, Derricks, Climbing Cranes, Ringer Cranes shall receive $0.35 in addition to A-rate and boom pay per hour ---------------------------------------------------------------- * ENGI0653-007 10/01/2016 CHOCTAW, CLARKE, CONECUH, ESCAMBIA, MARENGO, MONROE, WASHINGTON, and WILCOX COUNTIES Rates Fringes Operating Engineers: Crane (Conventional & Hydraulic 100 to 400 Tons), and Tower Cranes.....$ 28.30 12.08 Crane (Conventional & Hydraulic up to 100 Tons), and Derrick (Stationary Crane with 2 or more drums).$ 27.30 12.08 Cranes with 350 feet or more boom and/or 400 to 600 ton capacity............$ 29.40 12.08 Cranes with 500 feet Boom and/or 600 ton capacity.....$ 29.75 12.08 Oiler.......................$ 25.45 12.08 ---------------------------------------------------------------- SUAL2007-155 11/28/2007 Rates Fringes BOILERMAKER......................$ 21.85 9.24 ELECTRICIAN......................$ 15.24 2.50 LABORER: Common or General......$ 7.63 0.00 LABORER: Pipelayer..............$ 9.96 0.00 OPERATOR: Backhoe...............$ 12.00 0.00 OPERATOR: Bulldozer.............$ 18.89 0.00 OPERATOR: Drill.................$ 9.50 2.36 OPERATOR: Grader/Blade..........$ 12.59 1.33 OPERATOR: Loader (Front End)....$ 11.67 0.00 OPERATOR: Roller................$ 9.45 0.00 OPERATOR: Scraper...............$ 9.78 0.18 OPERATOR: Trackhoe..............$ 12.00 0.00

TRUCK DRIVER.....................$ 10.65 1.36 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

XVI – American Iron and Steel Requirement Section 4.13 Compliance with 2014 Appropriations Act. (a) The Loan Recipient agrees to comply with all federal requirements applicable to the Authority Loan (including those imposed by P.L. 113-76, Consolidated Appropriations Act (the "2014 Appropriations Act") and related SRF Policy Guidelines) which the Loan Recipient understands includes, among other things, requirements that all of the iron and steel products used in the Project are to be produced in the United States ("American Iron and Steel") unless (i) the Loan Recipient has requested and obtained a waiver from the U.S. Environmental Protection Agency pertaining to the Project or (ii) the Authority has otherwise advised the Loan Recipient in writing that the Buy American Requirement is not applicable to the Project. . (b) The Loan Recipient also agrees to comply with all recordkeeping and reporting requirements under the Clean Water Act (codified generally under 33 U.S.C. §1251 et seq.) (the "Clean Water Act"), including any reports required by a federal agency or the Authority such as performance indicators of program deliverables, information on costs and Project progress. The Loan Recipient understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities, and (ii) failure to comply with the Clean Water Act and this Agreement may be an Event of Default hereunder that results in a repayment of the Authority Loan in advance of the maturity of the Evidence of Indebtedness and/or other remedial actions. The Loan Recipient agrees to cause all contractors and subcontractors to comply with (through the inclusion of appropriate terms and conditions in all contracts, subcontracts and lower tiered transactions, such terms and conditions to be in substantially the form set forth in connection with the development and construction of the project The Contractor acknowledges to and for the benefit of the , Alabama ("Purchaser"), and the Alabama Water Pollution Control Authority or the Drinking Water Finance Authority (the "State Authority") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel") including iron and steel products provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State Authority that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State Authority to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State Authority or any damages owed to the State Authority by the Purchaser). While the Contractor has no direct contractual privity with the State Authority, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State Authority is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State Authority.


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City of Evergreen

XVII – Project Sign Detail - CWSRF 1. Sign is to be constructed of ½” MDO plywood, 4’ x 8’. 2. Paint with two (2) coats oil-base enamel before lettering. 3. Background color white; lettering black. 4. Lettering may be painted or vinyl. All lettering sizes to be proportionate to sign

layout. 5. Sign shall be attached to 4” x 4” x 8’ treated posts. 6. Sign shall be placed in prominent location, easily readable from existing street or

roadway. 7. Sign shall be maintained in good condition until completion of project.

STATE OF ALABAMA Honorable (name), Governor

ALABAMA WATER POLLUTION CONTROL AUTHORITY

POLLUTION CONTROL PROJECT

(NAME OF OWNER) (NAME OF PROJECT)

$(amount) STATE REVOLVING FUND LOAN

(NAME OF CONTRACTOR) • CONTRACTOR

(NAME OF ENGINEER) • CONSULTING ENGINEER

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT U.S. ENVIRONMENTAL PROTECTION AGENCY


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XVIII – Project Sign Detail - DWSRF 1. Sign is to be constructed of ½” MDO plywood, 4’ x 8’. 2. Paint with two (2) coats oil-base enamel before lettering. 3. Background color white; lettering black. 4. Lettering may be painted or vinyl. All lettering sizes to be proportionate to sign

layout. 5. Sign shall be attached to 4” x 4” x 8’ treated posts. 6. Sign shall be placed in prominent location, easily readable from existing street or

roadway. 7. Sign shall be maintained in good condition until completion of project.

STATE OF ALABAMA

Honorable (Name), Governor

ALABAMA DRINKING WATER FINANCE AUTHORITY INFRASTRUCTURE PROJECT

(NAME OF OWNER)

(NAME OF PROJECT)

$(amount) STATE REVOLVING FUND LOAN

(NAME OF CONTRACTOR) • CONTRACTOR (NAME OF ENGINEER) • CONSULTING ENGINEER

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

U.S. ENVIRONMENTAL PROTECTION AGENCY


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Not Applicable

XIX – Construction Contract Requirements This checklist is to be completed by the Owner/Engineer when submitting plans and specifications to the SRF and Operator Certification Section for review. It affirms to the SRF reviewer that the Owner/Engineer has addressed these items (in boilerplate form) within the specifications manual. Contract Satisfied Page No. Yes/No Bid Advertisement (including date, time, and location of bid opening). Bid Bond. Performance Bond (100%). Payment Bond (Not less than 50%). Contract Length. Liquidated Damages. Liability Insurance (including workman’s comp, public liability, and builder’s risk, if applicable). Method of Award (i.e. lowest, responsive, responsible bidder). Air testing of gravity sewers (if applicable). Within 14 days after bid opening, the Owner/Engineer is to prepare the Project Review and Cost Summary (page SGC-37) and submit it to the SRF and Operator Certification Section of ADEM. Upon completion of review, an Approval to Award will be issued. Note: The Owner assumes all financial risk if the construction contract is awarded prior to the issuance of an Approval to Award by the SRF and Operator Certification Section.


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XX – Project Review and Cost Summary This form is to be completed and sent with supporting documentation to ADEM within 14 days after bid opening. Following review, an Approval to Award letter will be issued. Upon award of the contract, a complete, bound set of the contract documents should be forwarded to ADEM for review. Loan Applicant: Project Number: Contract Number/Name: 1. Date of plans and specifications concurrence letter from ADEM:

Date of construction permit issuance from ADEM: 2. Attach copies of the following documents:

a. Bid advertisement with certification by publisher and date(s) of publication.

b. Certified bid tabulation.

c. Proposal of the selected bidder.

d. Bid bond.

e. Engineer’s letter to loan applicant recommending award of the contract. If the award is made to other than the low bidder, provide justification.

f. Site certificates for the project if not previously submitted with SRF loan application.

g. Documentation from the owner and contractor. The list of required documents can be

found in Part III, page SGC-3 of the ADEM Supplemental General Conditions for SRF Assisted Public Drinking Water and Wastewater Facilities Construction Contracts (ADEM FORM 341).

h. Copy of the wage determination used in bidding.

i. Any addenda that have been issued after ADEM review of the plans and specifications.

Comments:

Form Revised 03 -10-10

Alabama Department of Environmental Management ADEM SRF Project Review and Cost Summary


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City of Evergreen

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CS010335-05

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1 / Evergreen WWTP Upgrade

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EJCDC® C-800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,


SUPPLEMENTAL GENERAL CONDITIONS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC-1.01 Defined Terms

A. If the Contract will include a Geotechnical Baseline Report (see Article 5 below), include the following definitions:

SC-1.01. Add to the list of definitions in Paragraph 1.01.A by inserting the following as numbered items in their proper alphabetical positions:

Geotechnical Data Report (GDR) — The factual report that collects and presents data regarding actual subsurface conditions at or adjacent to the Site, including Technical Data and other geotechnical data, prepared by or for Owner in support of the Geotechnical Baseline Report. The GDR’s content may include logs of borings, trenches, and other site investigations, recorded measurements of subsurface water levels, the results of field and laboratory testing, and descriptions of the investigative and testing programs. The GDR does not include an interpretation of the data. If opinions, or interpretive or speculative non-factual comments or statements appear in a document that is labeled a GDR, such opinions, comments, or statements are not operative parts of the GDR and do not have contractual standing. Subject to that exception, the GDR is a Contract Document.

ARTICLE 2 – PRELIMINARY MATTERS

SC-2.01 Delivery of Bonds and Evidence of Insurance

SC-2.02 Copies of Documents

SC-2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows:

Owner shall furnish to Contractor [3] copies of the Contract Documents (including one fully executed counterpart of the Agreement).

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

SC-5.03 Subsurface and Physical Conditions

SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.B:

C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner:

1. Report dated August 20, 2018 prepared by Goodwyn, Mills and Cawood, Inc. – Geotechnical Division entitled: “Report of Geotechnical Exploration – Evergreen WWTP and Lift Station Upgrade - Evergreen, Alabama.”



SC-5.06 Hazardous Environmental Conditions

SC 5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.

B. Not Used.


SC-6.02 Insurance—General Provisions

SC-6.02 Add the following paragraph immediately after Paragraph 6.02.B:

1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months.

SC-6.03 Contractor’s Liability Insurance

SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:

State: Statutory

Federal, if applicable (e.g., Longshoreman’s): Statutory

Jones Act coverage, if applicable: Not applicable

Employer’s Liability:

Bodily injury, each accident $ 500,000

Bodily injury by disease, each employee $ 500,000

Bodily injury/disease aggregate $ 500,000

2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions:

General Aggregate $ 2,000,000

Products - Completed Operations Aggregate $ 2,000,000

Personal and Advertising Injury $ 1,000,000



Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Bodily Injury:

Each person $ 1,000,000

Each accident $ 1,000,000

Property Damage:

Each accident $ 500,000

[or]

Combined Single Limit of $ 1,000,000

4. Excess or Umbrella Liability:

Per Occurrence $ 4,000,000

General Aggregate $ 4,000,000

5. Contractor’s Pollution Liability:

Each Occurrence $ N/A

General Aggregate $ N/A

If box is checked, Contractor is not required to provide Contractor’s Pollution Liability insurance under this Contract

6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following:

Owner: City of Evergreen P. O. Box 229 Evergreen, AL 36401 Engineer: Goodwyn, Mills & Cawood, Inc. 207 Church Street Andalusia, AL 36420

7. All insurance certificates shall provide for “Waiver of Subrogation” against the Owner, Engineer and their Consultants, by the Contractor, Subcontractor, and their insurers.



SC-6.05.A. Delete Paragraph 6.05.A of the General Conditions and substitute the following in its place:

Contractor shall provide and maintain installation floater insurance for property under the care, custody, or control of Contractor. The installation floater insurance shall be a broad form or “all risk” policy providing coverage for all materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work. Coverage under the Contractor’s installation floater will include:

1. any loss to property while in transit,

2. any loss at the Site, and

3. any loss while in storage, both on-site and off-site.

Coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. The Contractor will be solely responsible for any deductible carried under this coverage and claims on materials, supplies, machinery, fixture, and equipment that will be incorporated into the Work while in transit or in storage. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them.

7 – CONTRACTOR’S RESPONSIBILITIES

SC-7.02 Labor; Working Hours

SC-7.02.B. Amend the first and second sentences of Paragraph 7.02.B to state “…all Work at the Site shall be performed during regular working hours, [M] through [F]. Contractor will not perform Work on [weekends], or any legal holiday.”

SC-7.09 Taxes

SC 7.09 Add a new paragraph immediately after Paragraph 7.09.A:

B. Owner is exempt from payment of sales and compensating use taxes of the State of Alabama and of cities and counties thereof on all materials to be incorporated into the Work to the extent allowed by Alabama Department of Revenue rule number 810-6-3-.46.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

SC-10.03 Project Representative

SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A:

B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.

1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer.



2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability.

3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof.

4. Liaison:

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations.

c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer.

6. Shop Drawings and Samples:

a. Record date of receipt of Samples and Contractor-approved Shop Drawings.

b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination.

c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer.

7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer.

8. Review of Work and Rejection of Defective Work:

a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be



uncovered for observation, or requires special testing, inspection or approval.

9. Inspections, Tests, and System Start-ups:

a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups.

10. Records:

a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer.

b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

c. Maintain records for use in preparing Project documentation.

11. Reports:

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor.

c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition.

12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these



documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.

14. Completion:

a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected.

b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied.

c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work.

C. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work.

5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.

8. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

SC-15.03 Substantial Completion

SC 15.03.B Add the following new subparagraph to Paragraph 15.03.B:

1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.



ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.

SC-17.02 Arbitration

A. All matters subject to final resolution under this Article will be decided by arbitration in accordance with the rules of [insert name of selected arbitration agency], subject to the conditions and limitations of this paragraph. 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 specific time required in this Article, or if no specified time is applicable within a reasonable time after the 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 matter in question would be barred by the applicable statute of limitations. The demand for arbitration should include specific reference to Paragraph SC-17.02.D below.

C. No arbitration arising out of or relating to the Contract 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, and a written explanation of the award specifically citing the Contract provisions deemed applicable and relied on in making the award.

E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations 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.

SC-17.03 Attorneys’ Fees

SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.

SC-17.02 Attorneys’ Fees: For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the



final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result.




EJCDC® C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 2

Work Change Directive No. Date of Issuance: _____ / _____ / _____ Effective Date: _____ / _____ / _____

Owner: City of Evergreen Owner’s Contract No.: CS010335-05


Engineer: GMC Engineer's Project No.: CMGM170037


Contractor is directed to proceed promptly with the following change(s): Description:

Attachments: [List documents supporting change]

Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] 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:

EJCDC® C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2 of 2

EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 2

Change Order No. Date of Issuance: _____ / _____ / _____ Effective Date: _____ / _____ / _____ Owner: City of Evergreen Owner's Contract No.: CS010335-05 Contractor: Contractor’s Project No.: Engineer: GMC Engineer's Project No.: CMGM170037 Project: Evergreen Lagoon Upgrade Contract Name: Evergreen Lagoon Upgrade The Contract is modified as follows upon execution of this Change Order:

Description:

Attachments: [List documents supporting change]

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable]

Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment:

days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. :

[Increase] [Decrease] from previously approved Change Orders No. to No. :

Substantial Completion: $ Ready for Final Payment:

days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment:

days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment:

days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment:

days or dates RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By: Engineer (if required) Owner (Authorized

Contractor (Authorized

Title: Title

Title

Date: Dat

Dat

Approved by Funding Agency (if applicable) By: Date: Title:

EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2 of 2

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: City of Evergreen Owner’s Contract No.: CS010335-05


Engineer: GMC Engineer's Project No.: CMGM170037


Contractor is hereby directed to promptly 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

EJCDC® C-942, Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 2 of 2

EVERGREEN LAGOON UPGRADE CITY OF EVERGEEN EVERGREEN, ALABAMA

GOODWYN, MILLS & CAWOOD, INC. SUMMARYGMC PROJECT NO. CMGM170037 01 10 00 - 1 of 7

SECTION 01 10 00 - SUMMARY

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Project information.2. Work covered by Contract Documents.3. Phased construction.4. Contractor-furnished.5. Access to site.6. Coordination with occupants.7. Work restrictions.8. Specification and drawing conventions.9. Miscellaneous provisions.

B. Related Requirements:

1. Section 01 50 00 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.3 PROJECT INFORMATION

A. Project Identification: Evergreen Lagoon Upgrade/SRF Project No.: CS010335-05

1. Project Location: Evergreen, Alabama

B. Owner: City of Evergreen

1. Owner's Representative: Darrell Davis

C. Engineer: Goodwyn Mills & Cawood; Montgomery, Alabama

D. Engineer’s Consultants: The Engineer has retained the following design professionals who have prepared designated portions of the Contract Documents:

1. Structural Engineering: Weatherford & Day Engineering; Montgomery, Alabama

E. Contractor: TBD.



1.4 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of Project is defined by the Contract Documents and consists of the following:

1. The construction and modifications consist of the following:

a. Clearing and grubbing, civil/site work, etc. b. Construction of new influent lift station and influent gravity line modificationsc. Primary lagoon solids relocationd. Installation of new floating aeratorse. Re-grading of lagoon sideslopesf. Installation of concrete liner on lagoon sideslopesg. Installation of Dissolved Air Flotation (DAF) equipmenth. Construction of DAF Influent Pump Station and Sludge Pump Stationi. Miscellaneous valving and pipingj. Electrical work and controls

B. Type of Contract:

1. Project will be constructed as a design-bid-build contract.

1.5 CONTRACTOR-FURNISHED AND INSTALLED PRODUCTS

A. Contractor shall furnish all products indicated in the bid documents. The Work includes unloading, handling, storing, and protecting Contractor-furnished products as directed and turning them over to Owner at Project closeout.

1.6 WORK BY OWNER

A. General: Cooperate fully with Owner so that work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner.

1.7 CONTRACTOR-FURNISHED AND INSTALLED PRODUCTS

A. Contractor shall furnish all products indicated in the bid documents. The Work includes unloading, handling, storing, and protecting Contractor-furnished products as directed and turning them over to Owner at Project closeout.

1.8 ACCESS TO SITE

A. General: Contractor shall have full use of Project site for construction operations during construction period. Contractor’s use of Project site is limited only by Owner's right to perform work or to retain other Contractors on portions of Project.

B. Use of Site: Limit use of Project site to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.



1. Driveways, Walkways and Entrances: Keep driveways and loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

a. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

1.9 COORDINATION WITH OCCUPANTS

A. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work.

1. Engineer will prepare a Certificate of Substantial Completion for each specific phase of the project.

2. Before limited Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of Work.

1.10 WORK RESTRICTIONS

A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

B. On-Site Work Hours: Working hours shall be generally limited to 7am to 5pm; Contractor shall contact the Engineer/Owner when working hours are extended beyond normal business hours or when weekend construction is expected to occur.

C. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to neighbors with the Owner.

1. Obtain Engineer’s written permission before proceeding with disruptive operations.

D. Employee Screening: Comply with Owner's requirements for drug and background screening of Contractor personnel working on Project site.

1.11 ADVERSE WEATHER

A. General

1. Notice of rain delay days with the documentation of the aforementioned sources herein and on-site records must be submitted by the Contractor to the Inspector/Engineer on the



first working day of every month for the previous month or at the monthly construction meeting as determined at the preconstruction meeting.

B. Definition

1. Adverse weather is defined as the occurrence of a condition that prevents construction activity exposed to weather conditions or access to the site for more than four (4) hours in a day.

2. Adverse weather may also include, if appropriate, “dry-out” or “mud” days.3. Adverse weather includes days that temperature does not rise above the required

temperature for a construction activity.

C. Qualifications

1. Adverse weather conditions having a direct effect due to precipitation are as follows:

a. Precipitation of 0.10 inch or more for a city within a 100-mile radius of the project’s location.

1) If the 100-mile radius overlaps with a nearby city, then the city with the shortest radius from the project location shall be used.

2) If the project location does not fall within a 100-mile radius, the following schedule shall be used as the default:

Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec

6 6 7 5 6 6 8 6 4 4 4 8

(Data from NOAA, >0.10” Daily Precipitation, January 2007 – December 2017, Montgomery, AL)

b. Precipitation of 0.10 inches or more shall be determined by the precipitation gauge on-site and both logged and confirmed by the Owner/Inspector.

2. Adverse weather conditions having an indirect effect due to precipitation are as follows:

a. Precipitation that occurs beyond the standard baseline which results in “dry-out” or “mud” days.

1) The standard baseline is based on the NOAA’s Point Precipitation Frequency (PPF) Estimate for the construction area using the latitude and longitude for a 1-year average recurrence interval and a 60-min time period. This can be found at http://dipper.nws.noaa.gov/hdsc/pfds/.

3. Adverse weather conditions due to temperature are as follows:

1) Cold Weather concreting shall be per ACI 306.

a) The Contractor shall have a calibrated thermometer onsite which is logged by the inspector and Contractor prior to any concrete pours during cold weather.

http://dipper.nws.noaa.gov/hdsc/pfds/





4. Adverse weather conditions due to wind speeds are as follows:

a. Wind speeds exceeding those permissible to use equipment or to perform certain tasks safely, including but not limited to operating crane(s) or other aerial equipment for construction or erection of a building structure.

1) The Contractor shall have a calibrated wind speed gauge on-site.

5. Adverse weather conditions resulting in compromised project site conditions are as follows:a. Project site conditions such as mud, pooling of water, ice, or standing snow

subsequent to the actual precipitation days, prevent the performance of activities such as, but not limited to, mass grading, building pad grading, foundations, piping, excavations, backfill, concrete, masonry, etc. operations.

D. Weather Delay Days

1. Adverse weather delay day may be counted if adverse weather prevents work on the project during an event where:

a. Precipitation days for a specific month is greater than the recorded monthly average for a project location indicated above.

1) The number of average rain days shall be subtracted from the number of recorded rain days and the difference shall be the allotted time.

b. Precipitation for a given day is greater than the NOAA’s PFF estimate indicated above.

1) One (1) day for each day or consecutive days of precipitation that exceeds the standard baseline.

c. Precipitation of 3.0 inches over a 24-hour period.

1) The number of allotted days shall be at the discretion of the Engineer/Owner based on site conditions, working conditions, and type of construction.

2) Temperature per ACI 306.

E. Exceptions

1. The Contractor shall take into account that certain construction activities are more affected by adverse weather and seasonal conditions than other activities, and that “dry-out” or “mud” days are not eligible to be counted as an Adverse Weather Delay Day until the standard baseline is exceeded. Hence, the Contractor should allow for an appropriate number of additional days associated with the Standard Baseline days in which such applicable construction activities are expected to be prevented and suspended.

F. Record Keeping

1. All Adverse Weather events shall be recorded by the on-site management team.



2. On-site records of daily rain and/or temperature readings shall be kept by the Contractor and may be accepted to verify weather and/or temperature variations which prevent earthwork, foundation and slabs, and/or roofing materials installation. The Inspector shall also be required to maintain on-site records of daily rain and/or temperature.

1.12 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations.

1.13 WARRANTIES

A. Warranties shall conform to the requirements of the General Conditions.

B. All equipment supplied by the Contractor under these Specifications shall be warranted by the Contractor and the equipment manufacturers for a period of one (1) year. Warranty period shall commence on the date of Substantial Completion.

C. The equipment shall be warranted to be free from defects in workmanship, design and materials. If any part of the equipment should fail due to workmanship, design and materials during the warranty period, it shall be replaced by the Contractor and the unit(s) restored to service at no expense to the Owner.

D. The manufacturer’s warranty period shall run concurrently with the Contractor’s warranty or guarantee period. No exception to this provision shall be allowed. The Contractor shall be responsible for obtaining equipment warranties from each of the respective suppliers or manufacturers for all the equipment specified.



1.14 CONSTRUCTION SEQUENCE

A. The following is a suggested construction sequence. Contractor may use a different sequence, but the wastewater shall be adequately treated during all construction phases.

1. Phase 1

a. Drain one (1) of Primary Lagoons and perform all work inside the lagoon (sludge spreading, rebuild sideslopes, and install concrete liner on sideslope).

b. Divert all flow to the lagoon that work was just completed for, drain the other Primary Lagoon, and perform all work inside this lagoon.

c. Aerator wiring, disconnects, and mooring posts can be installed in this phase while each lagoon is offline.

d. Install 16” bypass line at the Polishing Ponds influent and install 20” valve on existing line.

1) The tie in to the existing manhole on the Polishing Ponds effluent line prior to the parshall flume shall to be made in this step. Cap the 16” wye that ties in to the DAF effluent line until that connection is made.

e. After bypass line is constructed, shut off flow to the polishing ponds and perform the work inside (rebuild sideslopes and install concrete liner on sideslopes).

f. Aerator wiring, disconnects, and mooring posts can be installed in this phase while the lagoons are offline.

2. Phase II

a. Construct Influent Pump Station and new influent gravity lines without making the tie in to the existing lines.

b. Install MCC-1, and new Automatic Transfer Switch. c. Install new aerators.d. Connect power to Influent Pump Station and aerators.e. Connect new influent gravity sewer lines to existing influent lines.

1) Contractor may elect to bypass pump from each upstream manhole on the two influent lines to the Primary Lagoons to make the tie in.

3. The DAF Pumps Station, DAF Canopy, Chemical Building, Sludge Pump Station, and Sludge Dewatering Bag can be constructed anytime as these items do not interfere with any of the plant’s existing operations.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 01 10 00


EVERGREEN LAGOON UPGRADE CITY OF EVERGREEN EVERGREEN, ALABAMA

GOODWYN, MILLS & CAWOOD, INC. ALLOWANCES GMC PROJECT NO.: CMGM170037 01 21 00 - 1 of 5

SECTION 01 21 00 - ALLOWANCES

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes administrative and procedural requirements governing allowances.

1. Certain items are specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when additional information is available for evaluation. If necessary, additional requirements will be issued by Change Order.

B. Types of allowances include the following:

1. Lump-sum allowances. 2. Testing and inspecting allowances.

1.2 RELATED DOCUMENTS:

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.

B. Related work specified elsewhere includes:

1. Divisions 2 through 50

1.3 SELECTION AND PURCHASE

A. At the earliest practical date after award of the Contract, advise Engineer of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work.

B. At Engineer’s request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work.

C. Purchase products and systems selected by Engineer from the designated supplier.

1.4 SUBMITTALS

A. Submit proposals for purchase of products or systems included in allowances, in the form specified by Engineer.

B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance.

C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work.



1.5 COORDINATION

A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation.

1.6 ALLOWANCES

A. Lump Sum 1. Allowance shall include cost to Contractor of specific products and materials ordered by

Owner under allowance and shall include taxes, freight, and delivery to Project site. 2. Contractor's costs for receiving and handling at Project site, labor, installation, overhead

and profit, and similar costs related to products and materials ordered by Owner under allowance shall be included as part of the Contract Sum and not part of the allowance.

3. At Project closeout, credit unused amounts remaining in these allowances to Owner by Change Order.

B. Testing and Inspection 1. Testing and inspecting allowances include the cost of engaging testing agencies, actual

tests and inspections, and reporting results. 2. The allowance does not include incidental labor required to assist the testing agency or

costs for retesting if previous tests and inspections result in failure. The cost for incidental labor to assist the testing agency shall be included in the Contract Sum.

3. Costs of services not required by the Contract Documents are not included in the allowance.

4. At Project closeout, credit unused amounts remaining in the testing and inspecting allowance to Owner by Change Order.

5. The material testing allowance covers all soil, concrete, masonry, and steel testing.

1.7 UNUSED MATERIALS

A. Return unused materials purchased under an allowance to manufacturer or supplier for credit to Owner, after installation has been completed and accepted.

1. If requested by Engineer, prepare unused material for storage by Owner when it is not economically practical to return the material for credit. If directed by Engineer, deliver unused material to Owner's storage space. Otherwise, disposal of unused material is Contractor's responsibility.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement.

3.2 PREPARATION



A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work.

3.3 SCHEDULE OF ALLOWANCES

A. The following allowances shall be included in Contract Sum in accordance with the allowance type described above. Should the below allowances not be shown on the project proposal, the Contractor shall include them in the total bid cost.

Allowance No. Description Allowance Type Amount

1. Construction Staking Lump Sum $5,000.00 2. Engineering Startup Lump Sum $10,000.00

3. Materials Testing Testing and Inspection $100,000.00

4. Erosion Control Inspection Lump Sum $5,000.00

B. Engineering Startup

1. Startup and commissioning is a systematic process of ensuring that all systems perform interactively according to the design intent and the Owner’s operational needs.

2. The startup and commissioning process shall verify that applicable equipment and systems are installed according to the manufacturer’s recommendations and to industry accepted minimum standards and that they receive adequate operational checkout by installing contractors.

3. The objective of functional performance testing is to demonstrate that each system is operating according to the Contract Documents.

4. Functional testing facilitates bringing the systems from a state of substantial completion to full operation.

5. The testing process shall identify areas of deficient performance and these areas shall be corrected, improving the operation and functioning of the systems.

6. The allowance set forth herein shall include assistance with Engineering startup and commissioning activities to ensure areas of deficient performed are operation and functioning as designed and intended.

C. Construction Staking

1. Related Documents

a. Drawings and provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.

b. Related work specified elsewhere includes:

1) Specification Section 01 70 00 – Execution and Closeout Requirements

2. Initial Construction Staking shall include the setting of benchmarks and the initial coordinate system for the Contractor’s use which has already been performed and can be found on the plans.

3. The allowance set forth herein shall include all other construction staking which shall be the responsibility of the Contractor.



D. Materials Testing




1) Division 2 – Existing Conditions 2) Division 3 – Concrete 3) Division 4 – Masonry 4) Division 5 – Metals 5) Division 31 – Earthwork

2. General

a. The allowance set forth herein shall include all materials testing which shall be the responsibility of the Contractor.

b. All materials testing (geotechnical, concrete, etc.) shall be paid for by the Contractor and included in the base bid (including the allowance).

c. The following information regarding Employment of and Payment for Testing Services under the work of Specifications shall take precedence over any conflicting statement otherwise, which may have remained in the Project Manual after editing:

1) Initial testing required by the Contract Documents for Divisions 2, 3, 4 and 5 shall be provided by a testing agency pre-approved by the Owner & Contractor, and employed, and paid by the Contractor, from the Materials Testing Allowance for testing.

2) Any retesting required (due to questionable materials or construction methods, for verification purposes, and etc.) shall be at the Contractor’s expense when the results of such retesting indicate any work or materials do not comply with requirements of the Contract Documents.

3) Any retesting under the above provisions shall be performed by the same Owner accepted testing agency.

d. The Contractor shall be responsible for contacting and directions to the accepted testing agency and for any follow-up communications required, for all testing required by the Contract Documents. Contractor shall copy Engineer on all materials testing correspondence and testing results.

e. No unsuitable or unsatisfactory existing soils or building materials (other than work in Contract) shall be removed without either the presence of or concurrence of and prior approval of the Engineer and the accepted testing agency, so as to assure quality of the Work is maintained.

f. Contractor shall be required to have geotechnical analysis performed on any fill material to ensure it meets the earthwork/backfill specifications.

g. The Contractor may contact Kevin Wales at Goodwyn, Mills, & Cawood (205-879-4462) in Birmingham, Alabama for assistance with materials testing.

E. Erosion Control Inspection






1) Specification Section 31 25 00 – Erosion and Sedimentation Controls

2. General

a. The allowance set forth herein shall include all stormwater inspection which shall be the responsibility of the Contractor.

b. All stormwater permitting, inspection, and BMP plan shall be paid for by the Contractor and included in the base bid (including the allowance).

c. The Contractor shall be responsible for compliance with all Federal and State regulations and statutes as relate to Stormwater Permitting, erosion control and compliance with a BMP plan. This shall include all permitting, BMP plan, and required inspections.

d. All stormwater field materials, appurtenances, and labor shall be included in the price bid, separately from the allowance herein for erosion control permitting and allowance.

e. The Contractor may contact Evan Reid at Goodwyn, Mills, & Cawood (251-460-4006) in Mobile, Alabama for assistance with stormwater permitting, inspection, and BMP plan.




SUBSTITUTION OF MAJOR EQUIPMENT GOODWYN, MILLS & CAWOOD, INC. ITEMS AND PRODUCTS GMC PROJECT NO. CMGM170037 01 25 00 - 1 of 3

SECTION 01 25 00 - SUBSTITUTION OF MAJOR EQUIPMENT ITEMS & PRODUCTS

PART 1 - GENERAL



1.2 GENERAL REQUIREMENTS

A. This section of the specifications outlines the procedure for proposal of substitute of ‘Major Equipment Items’ items by “alternate” manufacturers. This format protects the Owner and bidders so that no one bidder gains an unfair bid price advantage by quoting a lower price for a major equipment item or product which is not “or equal”. This format is intended to assure that the Owner receives full benefit of the savings in cost involved in any substitution of a major equipment item or product.

B. The proposal for the bid is based on a total bid price contract using “Basis of Bid” major equipment items and products which have been identified and described in the specifications. Manufacturers of major equipment items and products identified in “Manufacturer” column in the proposal are considered “Basis of Bid” items. Specification sections defining “Basis of Bid” major equipment items or products include the following:

1. Section 13 31 00 – FRP Building Enclosure 2. Section 26 24 19 – Motor Control Centers 3. Section 40 05 62 – Plug Valves 4. Section 40 05 65 – Swing Check Valves 5. Section 43 12 51 – Rotary Screw Compressors 6. Section 43 23 40 – Horizontal Self-Priming Centrifugal Pumps 7. Section 43 25 13 – Submersible Non-Clog Centrifugal Pumps 8. Section 43 26 50 – Air Diaphragm Pumps 9. Section 46 33 33 – Polymer Blending and Feed Equipment 10. Section 46 41 26 – Floating Mechanical Aerators 11. Section 46 43 63 – Dissolved Air Flotation Equipment

C. The TOTAL BID PRICE noted in the proposal shall include the installed prices of only “Basis of Bid” major equipment items or products. The bidder shall note the installed price of each “Basis of Bid” major equipment item or product in the space provided in the “Total Price” column in the proposal. The installed price shall include the labor and material cost, profit and overhead, plus the cost for all necessary appurtenances to provide a complete system. The installed price is for the equipment and installation and does not include associated structures, pipe, valves, etc.

D. Pursuant to Federal Regulations 40 CFR, Parts 33 and 35, it is not the intent of the Contract Documents to contain proprietary, exclusionary, of discriminatory requirements other than those based on performance. Manufacturers who believe that their equipment can meet the



performance requirements and, with the exception of minor details the technical requirements of the Contract Documents, are encouraged to submit a quotation to a Bidder for a substitute major equipment item or product. Model number designations for the major equipment items are included for information purposes. Proposed “Basis of Bid” major equipment items and “Alternate” major equipment items will be evaluated on the basis of the requirements contained in the contract documents.

E. Bidder’s desiring to quote a price for a substitute major equipment item or product in lieu of a “Basis of Bid” item shall submit 14 days prior to the Bid Date a “Qualification Package” for each “Alternate” major equipment item or product which the Bidder proposes to furnish in lieu of a “Basis of Bid” major equipment item or product identified in the “Manufacturer” column. The bidder shall submit each Qualification Package under separate cover. Each Qualification Package shall be bound with protective cover, identify the specification section number and title, and the product manufacturer’s name on a cover sheet.

F. The “Qualification Package” for the “Alternate” major equipment items shall include but not be limited to the following information:

1. A complete set of drawings, specifications, catalog cut sheets of the proposed major equipment items or products, to identify all technical and performance requirements as contained in the drawings and specifications.

2. Detailed information shall be submitted for all buy-out items such as hardware, motors, motor controllers and instrumentation (field device, major control panel device, and anticipated control panel layout).

3. List showing materials of construction of all components, including all buy-out items. 4. List manufacturer’s recommended spare parts, including all buy-out items. 5. Information on equipment field erection requirements including total weight of

assembled components and weight of each sub assembly. 6. Process equipment electrical requirements and schematic diagrams. Examples of reports

and hard copies of CRT displays similar to those required by the project. 7. Detailed written documentation with discussion of all durations of equipment, including

all buy-out items, from the Contract Documents.

G. If the Bidder fails to furnish all the preceding information which has been deemed necessary by the Engineer to evaluate a proposed “Alternate” major equipment item or product for equivalency with the “Basis of Bid” major equipment item or product, the proposed “Alternate” qualification package may be rejected by the Engineer. If the “Alternate” qualification package is rejected by the Engineer, the Bidder shall furnish the “Basis of Bid” major equipment item or product for the installed price noted in “TOTAL PRICE” Column of the Bid Proposal Form.

H. No proposal “Alternate” major equipment item or product will be considered unless, in the opinion of the Engineer, it conforms to the Contract Documents in all respects, except for make and manufacturer and minor details.

I. The Engineer shall be the sole authority for determining conformance of a proposed “Alternate” major equipment item or product with the Contract Documents. Under no circumstances will the Engineer be required to prove that an “Alternate” major equipment item or product is not equal to the “Base of Bid” major equipment item or product.



J. If a proposed “Alternate” qualification package is received, the Engineer and Owner will evaluate the proposed “Alternate” and determine the responsive, responsible, qualified Bidder after the Bid Date.

K. Award of the Contract will be made on the basis of the Bid Proposal Form from the lowest responsive, responsible, qualified Bidder using the TOTAL BASE BID PRICE plus additive bid items.

L. Acceptance of a proposed “Alternate” major equipment item or product “Qualification Package”, or naming of “Basis of Bid” equipment, does not eliminate the need for shop drawing submittals and reviews during construction, nor does it eliminate the requirements that the equipment manufacturer satisfy the requirements of the Contract Documents.

M. Should the Bidder furnish a major equipment item or product requiring changes to the Contract Documents, he shall notify the Engineer in writing of all dimensional, mechanical, electrical and structural changes and/or requirements for the major equipment item’s use in this Project and shall reimburse the Owner for any associated redesign and/or construction drawings. The Bidder shall consider all costs associated in furnishing and installing a major equipment item or product in his installed price proposal. Redesign and contract drawing revisions to accommodate equipment or products will be prepared by the Engineer during the shop drawing review process. Reimbursement shall be based on 2.5 times the Engineer’s salary cost plus reimbursement expenses at cost.

N. The bidder shall not use the installed price for any proposed “Alternate” major equipment item or product in preparing the TOTAL BID PRICE unless approved by Engineer through an addendum.

O. An electronic submittal will not be accepted unless it is submitted formally with a single PDF divided appropriately to identify the above referenced requirements. Manufacturer’s standard sales literature is not acceptable for submission and will be rejected, as well as unorganized submissions with multiple attachments.

P. If a discrepancy appears between the written and the numerical, the written words will be used as the quoted price. If an error appears in an extension or the addition of items, the corrected extension or total of the parts shall govern.

Q. It is understood and agreed that a Bid Proposal Form cannot be withdrawn within ninety (90) days without the consent of the City, Board, or Authority of which the bid documents herein are prepared and that the said City, Board or Authority of has the right to accept or reject any or all Bid Proposal Forms and to waive any irregularities and informalities.

PART 2 - PRODUCTS - Not Used

PART 3 - EXECUTION - Not Used




GOODWYN, MILLS & CAWOOD, INC. CONTRACT MODIFICATION PROCEDURES GMC PROJECT NO. CMGM170037 01 26 00 - 1 of 2

SECTION 01 26 00 - CONTRACT MODIFICATION PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for handling and processing Contract modifications.


1. Division 1 – General Requirements

1.3 MINOR CHANGES IN THE WORK

A. Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time.

1.4 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications.

1. Work Change Proposal Requests issued by Engineer are not instructions either to stop work in progress or to execute the proposed change.

2. Within 10 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.

a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of

the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

e. Quotation Form: Use forms acceptable to Engineer.


GOODWYN, MILLS & CAWOOD, INC. CONTRACT MODIFICATION PROCEDURES GMC PROJECT NO. CMGM170037 01 26 00 - 2 of 2

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Engineer.

1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.

2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the

change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

6. Proposal Request Form: Use form acceptable to the Engineer.

1.5 CHANGE ORDER PROCEDURES

A. Change Order Procedures shall conform to the requirements of the General Conditions.

B. A change in the project work that is consistent with the objective of the project and outside the scope of the project requires the execution and approval of a Change Order.

C. On Owner's approval of a Work Changes Proposal Request, Engineer will issue a Change Order for signatures of Owner and Contractor on form included in the bid documents.





GOODWYN, MILLS & CAWOOD, INC. PAYMENT PROCEDURES GMC PROJECT NO. CMGM170037 01 29 00 - 1 of 5

SECTION 01 29 00 - PAYMENT PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment.


1. Section 01 26 00 - Contract Modification Procedures, for administrative procedures for handling changes to the Contract.

2. Section 01 32 00 - Construction Progress Documentation, for administrative requirements governing the preparation and submittal of the Contractor's construction schedule.

1.3 DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.

1.4 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule.

1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following:

a. Application for Payment forms with continuation sheets. b. Submittal schedule. c. Items required to be indicated as separate activities in Contractor's construction

schedule.

2. Submit the schedule of values to Engineer at earliest possible date, but no later than 14 days before the date scheduled for submittal of initial Applications for Payment.

3. Subschedules for Phased Work: Where the Work is separated into phases requiring separately phased payments, provide subschedules showing values coordinated with each phase of payment.



4. Subschedules for Separate Elements of Work: Where the Contractor's construction schedule defines separate elements of the Work, provide subschedules showing values coordinated with each element.

B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section where a submittal is required.

1. Identification: Include the following Project identification on the schedule of values:

a. Project name and location. b. Name of Engineer. c. Engineer's project number. d. Contractor's name and address. e. Date of submittal.

2. Arrange schedule of values consistent with format of Contract Documents used (EJCDC, AIA, etc.).

3. Arrange the schedule of values in tabular form with separate columns to indicate the following for each item listed:

a. Related Specification Section or Division. b. Description of the Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-

hundredth percent, adjusted to total 100 percent.

1) Labor. 2) Materials. 3) Equipment.

4. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent of the Contract Sum.

a. Include separate line items under contractor and principal subcontracts for Project closeout requirements in an amount totaling no less than 2.5% of the Contract Sum and subcontract amount.

5. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 6. Provide a separate line item in the schedule of values for each part of the Work where

Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.

a. Differentiate between items stored on-site and items stored off-site. If required, include evidence of insurance.



7. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

8. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities.

9. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item.

a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option.

10. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum.

1.5 APPLICATIONS FOR PAYMENT

A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Engineer and contractor and paid for by Owner.

1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements.

B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement.

C. Payment Application Times: Submit Application for Payment to Engineer by the 25th day of the month. The period covered by each Application for Payment is one month, ending on the last day of the month.

1. Submit draft copy of Application for Payment five days prior to due date for review by Engineer.

D. Application for Payment Forms: Use form consistent with Contract Documents (EJCDC, AIA, etc.) for Applications for Payment.

E. Application for Payment Forms: Use forms provided by Owner for Applications for Payment. Sample copies are included in Project Manual.

F. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor.

1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made.



2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment.

3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.

G. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site.

1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials.

2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials.

3. Provide summary documentation for stored materials indicating the following:

a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment.

b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment.

c. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment.

H. Transmittal:

1. Deliverable:

a. Digital: Submit one (1) signed and notarized copy of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required.

2. Contractor’s Affidavit of Payment to Subcontractors

a. Shall be submitted with each Application for Payment.

3. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application.

I. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Products list (preliminary if not final). 5. List of Contractor's staff assignments. 6. Copies of building and other local/state permits. 7. Copies of authorizations and licenses from authorities having jurisdiction for

performance of the Work. 8. Report of preconstruction conference.



9. Certificates of insurance and insurance policies. 10. Performance and payment bonds. 11. Data needed to acquire Owner's insurance.

J. Application for Payment at Substantial Completion: After Engineer issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.

2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner occupancy of designated portions of the Work.

K. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following:

1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof

that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. "Contractor's Affidavit of Payment of Debts and Claims." 5. "Contractor's Affidavit of Release of Liens." 6. "Consent of Surety to Final Payment." 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of

date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work.

9. Final liquidated damages settlement statement.






GOODWYN, MILLS & CAWOOD, INC. PROJECT MANAGEMENT AND COORDINATION GMC PROJECT NO. CMGM170037 01 31 00 - 1 of 8

SECTION 01 31 00 - PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following:

1. General coordination procedures. 2. Coordination drawings. 3. Requests for Information (RFIs). 4. Project meetings.

B. Each contractor shall participate in coordination requirements.

C. Related Requirements:

1. Section 01 32 00 - Construction Progress Documentation, for preparing and submitting Contractor's construction schedule.

2. Section 01 70 00 - Execution and Closeout Procedures, for coordinating closeout of the Contract.

1.3 DEFINITIONS

A. RFI: Request from Engineer seeking information required by or clarifications of the Contract Documents.

1.4 INFORMATIONAL SUBMITTALS

A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form:

1. Name, address, and telephone number of entity performing subcontract or supplying products.

2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract.

B. Key Personnel Names: No less than 15 days prior to starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at



Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and e-mail addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project.

1. Post copies of list in project meeting room, in temporary field office and at existing treatment facility. Keep list current at all times.

1.5 GENERAL COORDINATION PROCEDURES

A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.

2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair.

3. Make adequate provisions to accommodate items scheduled for later installation.

B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings.

1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required.

C. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste.

1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as Owner's property.

1.6 REQUESTS FOR INFORMATION (RFIs)

A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified.

1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response.

2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.

B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:



1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the

Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop

Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

C. RFI Forms: As acceptable to the Engineer.

1. Attachments shall be electronic files in Adobe Acrobat PDF format.

D. Engineer Action: Engineer will review each RFI, determine action required, and respond. Allow seven working days for Engineer’s response for each RFI. RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:

a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract

Documents. e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Engineer's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs.

2. Engineer's action may include a request for additional information, in which case Engineer's time for response will date from time of receipt of additional information.

3. Engineer's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 01 26 00 - Contract Modification Procedures.

a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within five days of receipt of the RFI response.

E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log monthly. Include the following:



1. Project name. 2. Name and address of Contractor. 3. Name and address of Engineer 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. 7. Date Engineer's response was received.

F. On receipt of Engineer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within five days if Contractor disagrees with response.

1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate.

2. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.

1.7 PROJECT MEETINGS

A. General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated.

1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Engineer of scheduled meeting dates and times.

2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Entity responsible for conducting meeting will record significant discussions

and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Engineer, within seven days of the meeting.

B. Preconstruction Conference: Engineer will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than 15 days before mobilization.

1. Conduct the conference to review responsibilities and personnel assignments. 2. Attendees: Authorized representatives of Owner, Engineer, and their consultants;

Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect progress, including the following:

a. Tentative construction schedule. b. Phasing. c. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Lines of communications. f. Procedures for processing field decisions and Change Orders. g. Procedures for RFIs. h. Procedures for testing and inspecting. i. Procedures for processing Applications for Payment.



j. Distribution of the Contract Documents. k. Submittal procedures. l. Sustainable design requirements. m. Preparation of record documents. n. Use of the premises. o. Work restrictions. p. Working hours. q. Owner's occupancy requirements. r. Responsibility for temporary facilities and controls. s. Procedures for moisture and mold control. t. Procedures for disruptions and shutdowns. u. Construction waste management and recycling. v. Parking availability. w. Office, work, and storage areas. x. Equipment deliveries and priorities. y. First aid. z. Security. aa. Progress cleaning.

4. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.

C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction.

1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Engineer and owner of scheduled meeting dates.

2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following:

a. Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Sustainable design requirements. i. Review of mockups. j. Possible conflicts. k. Compatibility requirements. l. Time schedules. m. Weather limitations. n. Manufacturer's written instructions. o. Warranty requirements. p. Compatibility of materials. q. Acceptability of substrates. r. Temporary facilities and controls. s. Space and access limitations.



t. Regulations of authorities having jurisdiction. u. Testing and inspecting requirements. v. Installation procedures. w. Coordination with other work. x. Required performance results. y. Protection of adjacent work. z. Protection of construction and personnel.

3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions.

4. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information.

5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date.

D. Project Closeout Conference: Schedule and conduct a project closeout conference, at a time convenient to Owner and Engineer, but no later than 90 days prior to the scheduled date of Substantial Completion.

1. Conduct the conference to review requirements and responsibilities related to Project closeout.

2. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following:

a. Preparation of record documents. b. Procedures required prior to inspection for Substantial Completion and for final

inspection for acceptance. c. Submittal of written warranties. d. Requirements for completing sustainable design documentation. e. Requirements for preparing operations and maintenance data. f. Requirements for delivery of material samples, attic stock, and spare parts. g. Requirements for demonstration and training. h. Preparation of Contractor's punch list. i. Procedures for processing Applications for Payment at Substantial Completion and

for final payment. j. Submittal procedures.

4. Minutes: Entity conducting meeting will record and distribute meeting minutes.

E. Progress Meetings: Conduct progress meetings at minimum monthly intervals.

1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Engineer, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these



meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

1) Review schedule for next period.

b. Review present and future needs of each entity present, including the following:

1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests.

4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information.

a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

F. Coordination Meetings: Conduct Project coordination meetings as necessary. Project coordination meetings are in addition to specific meetings held for other purposes, such as progress meetings and preinstallation conferences.

1. Attendees: In addition to representatives of Owner and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these



meetings. All participants at the meetings shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Review and correct or approve minutes of the previous coordination meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.

a. Combined Contractor's Construction Schedule: Review progress since the last coordination meeting. Determine whether each contract is on time, ahead of schedule, or behind schedule, in relation to combined Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

b. Schedule Updating: Revise combined Contractor's construction schedule after each coordination meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with report of each meeting.

c. Review present and future needs of each contractor present, including the following:

1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Change Orders.

3. Reporting: Record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting.





GOODWYN, MILLS & CAWOOD, INC. CONSTRUCTION PROGRESS DOCUMENTATION GMC PROJECT NO. CMGM170037 01 32 00 - 1 of 4

SECTION 01 32 00 - CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following:

1. Startup construction schedule. 2. Contractor's construction schedule. 3. Construction schedule updating reports. 4. Weekly construction reports. 5. Material location reports. 6. Site condition reports. 7. Special reports. 8. Preconstruction photographs. 9. Periodic construction photographs. 10. Final completion construction photographs. 11. Preconstruction video recordings. 12. Periodic construction video recordings. 13. Web-based construction photographic documentation.


1. Section 01 33 00 - Submittal Procedures, for submitting schedules and reports. 2. Section 01 40 00 - Quality Requirements, for submitting a schedule of tests and

inspections. 3. Section 01 70 00 - Execution and Closeout Procedures, for submitting photographic

documentation as project record documents at Project closeout. 4. Section 01 79 00 - Demonstration and Training, for submitting video recordings of

demonstration of equipment and training of Owner's personnel.


A. Format for Submittals: Submit required submittals in the following format:

1. PDF electronic file.

B. Startup construction schedule.



C. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period.

D. Construction Reports: Submit, at minimum, monthly intervals.

E. Material Location Reports: Submit at monthly intervals.

F. Site Condition Reports: Submit at time of discovery of differing conditions.

G. Special Reports: Submit at time of unusual event.

PART 2 - PRODUCTS

2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL

A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion.

1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.

B. Activities: Treat each process or separate area as a separate numbered activity for each main element of the Work. Comply with the following:

1. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery.

2. Submittal Review Time: Include review and resubmittal times indicated in Section 01 33 00 "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's construction schedule with submittal schedule.

3. Startup and Testing Time: Include no fewer than 30 for startup and testing. 4. Substantial Completion: Indicate completion in advance of date established for

Substantial Completion, and allow time for Engineer's administrative procedures necessary for certification of Substantial Completion.

5. Punch List and Final Completion: Include not more than 30 days for completion of punch list items and final completion.

C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected.

1. Phasing: Arrange list of activities on schedule by phase. 2. Work Restrictions: Show the effect of the following items on the schedule:

a. Coordination with existing construction. b. Limitations of continued occupancies. c. Uninterruptible services. d. Partial occupancy before Substantial Completion.



e. Use of premises restrictions. f. Environmental control.

D. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion.

E. Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished.

2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART)

A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-chart-type, Contractor's construction schedule within 30 days of date established for the Notice to Proceed. Base schedule on the startup construction schedule and additional information received since the start of Project.

B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line.

1. For construction activities that require three months or longer to complete, indicate an estimated completion percentage in 10% percent increments within time bar.

2.3 REPORTS

A. Monthly Construction Reports: Prepare a Monthly construction report recording the following information concerning events at Project site:

1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or

snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events (see special reports). 10. Stoppages, delays, shortages, and losses. 11. Emergency procedures. 12. Orders and requests of authorities having jurisdiction. 13. Change Orders received and implemented. 14. Work Directives received and implemented. 15. Services connected and disconnected. 16. Equipment or system tests and startups. 17. Partial completions and occupancies. 18. Substantial Completions authorized.



B. Material Location Reports: At monthly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. Indicate the following categories for stored materials:

1. Material stored prior to previous report and remaining in storage. 2. Material stored prior to previous report and since removed from storage and installed. 3. Material stored following previous report and remaining in storage.

C. Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents.

2.4 SPECIAL REPORTS

A. General: Submit special reports directly to Owner within two day(s) of an occurrence. Distribute copies of report to parties affected by the occurrence.

B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable.

PART 3 - EXECUTION

3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE

A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule two days before each regularly scheduled progress meeting.

1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting.

2. As the Work progresses, indicate final completion percentage for each activity.

B. Distribution: Distribute copies of approved schedule to Engineer, Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility.



GOODWYN, MILLS & CAWOOD, INC. SUBMITTAL PROCEDURES GMC PROJECT NO. CMGM170037 01 33 00 - 1 of 11

SECTION 01 33 00 - SUBMITTAL PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.


1. Section 01 29 00 - Payment Procedures, for submitting Applications for Payment and the schedule of values.

2. Section 01 32 00 - Construction Progress Documentation, for submitting schedules and reports, including Contractor's construction schedule.

3. Section 01 78 23 - Operation and Maintenance Data, for submitting operation and maintenance manuals.

4. Section 01 78 39 - Project Record Document, for submitting record Drawings, record Specifications, and record Product Data.

5. Section 01 79 00 - Demonstration and Training, for submitting video recordings of demonstration of equipment and training of Owner's personnel.

1.3 DEFINITIONS

A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals."

B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals."

C. File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols. An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files.

D. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolution-independent fixed-layout document format.



1.4 SUBMITTAL ADMINISTRATIVE REQUIREMENTS

A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Engineer and additional time for handling and reviewing submittals required by those corrections.

1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule.

2. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule.

a. Submit revised submittal schedule to reflect changes in current status and timing for submittals.

3. Format: Arrange the following information in a tabular format:

a. Scheduled date for submittal. b. Specification Section number and title. c. Submittal category: Action; informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled date of fabrication.

B. Engineer's Digital Data Files: Electronic digital data files of the Contract Drawings will be provided by Engineer for Contractor's use in preparing submittals.

1. Engineer will furnish Contractor one set of digital data drawing files of the Contract Drawings for use in preparing Shop Drawings and record documents.

a. Engineer makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings.

b. Digital Drawing Software Program: The Contract Drawings are available in Revit and CAD files.

C. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.

3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.

4. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination.



a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

D. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer’s receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow 14 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination.

2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal.

3. Resubmittal Review: Allow 15 days for review of each resubmittal. 4. Sequential Review: Where sequential review of submittals by Engineer's consultants,

Owner, or other parties is indicated, allow 21 days for initial review of each submittal.

E. Paper Submittals: Place a permanent label or title block on each submittal item for identification.

1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space on label or beside title block to record Contractor's review and approval

markings and action taken by Engineer. 3. Include the following information for processing and recording action taken:

a. Project name. b. Date. c. Name of Engineer. d. Name of Construction Manager. e. Name of Contractor. f. Name of subcontractor. g. Name of supplier. h. Name of manufacturer. i. Submittal number or other unique identifier, including revision identifier.

1) Submittal number shall use Specification Section number followed by a decimal and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A).

j. Number and title of appropriate Specification Section. k. Drawing number and detail references, as appropriate. l. Location(s) where product is to be installed, as appropriate. m. Other necessary identification.

4. Additional Paper Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal.

a. Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Engineer.



5. Transmittal for Paper Submittals: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form.

a. Transmittal Form for Paper Submittals: Provide locations on form for the following information:

1) Project name. 2) Date. 3) Destination (To:). 4) Source (From:). 5) Name and address of Engineer. 6) Name of Construction Manager. 7) Name of Contractor. 8) Name of firm or entity that prepared submittal. 9) Names of subcontractor, manufacturer, and supplier. 10) Category and type of submittal. 11) Submittal purpose and description. 12) Specification Section number and title. 13) Specification paragraph number or drawing designation and generic name

for each of multiple items. 14) Drawing number and detail references, as appropriate. 15) Indication of full or partial submittal. 16) Transmittal number 17) Submittal and transmittal distribution record. 18) Remarks. 19) Signature of transmitter.

F. Electronic Submittals: Identify and incorporate information in each electronic submittal file as follows:

1. Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item.

2. Name file with submittal number or other unique identifier, including revision identifier.

a. File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS-061000.01.A).

3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Engineer.

4. Transmittal Form for Electronic Submittals: Use electronic form acceptable to Owner, containing the following information:

a. Project name. b. Date. c. Name and address of Engineer. d. Name of Construction Manager. e. Name of Contractor. f. Name of firm or entity that prepared submittal.



g. Names of subcontractor, manufacturer, and supplier. h. Category and type of submittal. i. Submittal purpose and description. j. Specification Section number and title. k. Specification paragraph number or drawing designation and generic name for each

of multiple items. l. Drawing number and detail references, as appropriate. m. Location(s) where product is to be installed, as appropriate. n. Related physical samples submitted directly. o. Indication of full or partial submittal. p. Transmittal number. q. Submittal and transmittal distribution record. r. Other necessary identification. s. Remarks.

5. Metadata: Include the following information as keywords in the electronic submittal file metadata:

a. Project name. b. Number and title of appropriate Specification Section. c. Manufacturer name. d. Product name.

G. Options: Identify options requiring selection by Engineer.

H. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal.

I. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of

revision. 3. Resubmit submittals until they are marked with approval notation from Engineer's action

stamp.

J. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.

K. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Engineer's action stamp.



1.5 SUBMITTAL PROCEDURES

A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections.

1. Submit electronic submittals via email as PDF electronic files.

a. Engineer will return annotated file. Annotate and retain one copy of file as an electronic Project record document file.

2. Action Submittals: Submit one paper copies of each submittal unless otherwise indicated. Engineer will not return copies.

3. Informational Submittals: Submit one paper copies of each submittal unless otherwise indicated. Engineer will not return copies.

4. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity.

a. Provide a digital signature with digital certificate on electronically submitted certificates and certifications where indicated.

B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable:

a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information.

4. For equipment, include the following in addition to the above, as applicable:

a. Wiring diagrams showing factory-installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop

Drawings.

5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format:



a. PDF electronic file. b. One paper copies of Product Data unless otherwise indicated. Engineer will not

return paper copies.

C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal based on Engineer's digital data drawing files is otherwise permitted.

1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:

a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified.

2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 42 inches.

3. Submit Shop Drawings in the following format:

a. PDF electronic file. b. One opaque (bond) copies of each submittal.

D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed.

1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package.

2. Identification: Attach label on unexposed side of Samples that includes the following:

a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. e. Specification paragraph number and generic name of each item.

3. For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record.

4. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set.

a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use.



b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor.

5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection.

a. Number of Samples: Submit 1 set of samples to the Engineer and Owner for review.

1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated.

2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations.

E. Coordination Drawing Submittals: Comply with requirements specified in Section 01 31 00 "Project Management and Coordination."

F. Contractor's Construction Schedule: Comply with requirements specified in Section 01 32 00 "Construction Progress Documentation."

G. Application for Payment and Schedule of Values: Comply with requirements specified in Section 01 29 00 "Payment Procedures."

H. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Section 01 40 00 "Quality Requirements."

I. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Section 01 70 00 "Execution and Closeout Procedures."

J. Maintenance Data: Comply with requirements specified in Section 01 78 23 "Operation and Maintenance Data."

K. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified.

L. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified.



M. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.

N. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.

O. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.

P. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.

Q. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.

R. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.

S. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:

1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use.

T. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.

U. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.

V. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.

W. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads.



Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers.

1.6 DELEGATED-DESIGN SERVICES

A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated.

1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Engineer.

B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF electronic file, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional.

1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services.


PART 3 - EXECUTION

3.1 CONTRACTOR'S REVIEW

A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer.

B. Project Closeout and Maintenance Material Submittals: See requirements in Section 01 70 00 "Execution and Closeout Procedures."

C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.

3.2 ENGINEER'S ACTION

A. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or revisions required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action.



B. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party.

C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer.

D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review.

E. Submittals not required by the Contract Documents may be returned by the Engineer without action.




GOODWYN, MILLS & CAWOOD, INC. QUALITY REQUIREMENTS GMC PROJECT NO. CMGM170037 01 40 00 - 1 of 8

SECTION 01 40 00 - QUALITY REQUIREMENTS

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes:

1. Quality control 2. Testing and inspection services 3. Manufacturers' field services

B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements.

1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products.

2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements.

3. Requirements for Contractor to provide quality-assurance and -control services required by Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section.

4. Specific test and inspection requirements are not specified in this Section.

1.3 DEFINITIONS

A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.

B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Engineer.

C. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria.



D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.

E. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop.

F. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.

G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.

H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.

1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).

I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.

1.4 CONFLICTING REQUIREMENTS

A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding.

1.5 ACTION SUBMITTALS

A. Shop Drawings: For integrated exterior mockups, provide plans, sections, and elevations, indicating materials and size of mockup construction.

1. Indicate manufacturer and model number of individual components.


A. Contractor's Quality-Control Plan: For quality-assurance and quality-control activities and responsibilities.

B. Qualification Data: For Contractor's quality-control personnel.



C. Contractor's Statement of Responsibility: When required by authorities having jurisdiction, submit copy of written statement of responsibility sent to authorities having jurisdiction before starting work on the following systems:

1. Seismic-force-resisting system, designated seismic system, or component listed in the designated seismic system quality-assurance plan prepared by Engineer.

2. Main wind-force-resisting system or a wind-resisting component listed in the wind-force-resisting system quality-assurance plan prepared by Engineer.

D. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.

E. Schedule of Tests and Inspections: Prepare in tabular form and include the following:

1. Specification Section number and title. 2. Entity responsible for performing tests and inspections. 3. Description of test and inspection. 4. Identification of applicable standards. 5. Identification of test and inspection methods. 6. Number of tests and inspections required. 7. Time schedule or time span for tests and inspections. 8. Requirements for obtaining samples. 9. Unique characteristics of each quality-control service.

1.7 CONTRACTOR'S QUALITY-CONTROL PLAN

A. Quality-Control Plan, General: Submit quality-control plan within 10 days of Notice to Proceed, and not less than five days prior to preconstruction conference. Submit in format acceptable to Engineer. Identify personnel, procedures, controls, instructions, tests, records, and forms to be used to carry out Contractor's quality-assurance and quality-control responsibilities. Coordinate with Contractor's construction schedule.

B. Quality-Control Personnel Qualifications: Engage qualified personnel trained and experienced in managing and executing quality-assurance and quality-control procedures similar in nature and extent to those required for Project.

C. Submittal Procedure: Describe procedures for ensuring compliance with requirements through review and management of submittal process. Indicate qualifications of personnel responsible for submittal review.

D. Testing and Inspection: In quality-control plan, include a comprehensive schedule of Work requiring testing or inspection, including the following:

1. Contractor-performed tests and inspections including subcontractor-performed tests and inspections. Include required tests and inspections and Contractor-elected tests and inspections.

2. Special inspections required by authorities having jurisdiction and indicated on the "Statement of Special Inspections."

3. Owner-performed tests and inspections indicated in the Contract Document.



E. Continuous Inspection of Workmanship: Describe process for continuous inspection during construction to identify and correct deficiencies in workmanship in addition to testing and inspection specified. Indicate types of corrective actions to be required to bring work into compliance with standards of workmanship established by Contract requirements and approved mockups.

F. Monitoring and Documentation: Maintain testing and inspection reports including log of approved and rejected results. Include work Engineer has indicated as nonconforming or defective. Indicate corrective actions taken to bring nonconforming work into compliance with requirements. Comply with requirements of authorities having jurisdiction.

1.8 REPORTS AND DOCUMENTS

A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following:

1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and

inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with

the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting.

B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following:

1. Name, address, and telephone number of technical representatives making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with

requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections.

C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following:



1. Name, address, and telephone number of factory-authorized service representative making report.

2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 4. Statement whether conditions, products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections.

D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work.

1.9 QUALITY ASSURANCE

A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.

B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.

E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.

F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated.

1. Requirements of authorities having jurisdiction shall supersede requirements for specialists.

G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities.

1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7.



2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program.

H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

J. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not.

1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not.

2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services.

a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner.

3. Notify testing agencies at least 48 hours in advance of time when Work that requires testing or inspecting will be performed.

4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service.

5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility.

6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.

K. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 01 33 00 "Submittal Procedures."

L. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.

M. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.



N. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.

1. Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.

2. Determine the location from which test samples will be taken and in which in-situ tests are conducted.

3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements.

4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor.

5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work.

6. Do not perform any duties of Contractor.

O. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following:

1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and

inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing

agency.

P. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting.

1. Schedule times for tests, inspections, obtaining samples, and similar activities.

Q. Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar quality-control services required by the Contract Documents as a component of Contractor's quality-control plan. Coordinate and submit concurrently with Contractor's construction schedule. Update as the Work progresses.

1. Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required.




PART 3 - EXECUTION

3.1 ACCEPTABLE TESTING AGENCIES

A. Goodwyn Mills & Cawood; Montgomery, AL

3.2 TEST AND INSPECTION LOG

A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following:

1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Engineer. 4. Identification of testing agency or special inspector conducting test or inspection.

B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Engineer's reference during normal working hours.

3.3 REPAIR AND PROTECTION

A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.

1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 01 70 00 - Execution and Closeout Requirements.

B. Protect construction exposed by or for quality-control service activities.

C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.



GOODWYN, MILLS & CAWOOD, INC. REFERENCES GMC PROJECT NO. CMGM170037 01 42 00 - 1 of 3

SECTION 01 42 00 - REFERENCES

PART 1 - GENERAL



1.2 DEFINITIONS

A. General: Basic Contract definitions are included in the Conditions of the Contract.

B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract.

C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed."

D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated."

E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.

F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.

G. "Install": Unload, temporarily store, unpack, assemble, erect, place, anchor, apply, work to dimension, finish, cure, protect, clean, and similar operations at Project site.

H. "Provide": Furnish and install, complete and ready for the intended use.

I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built.

1.3 INDUSTRY STANDARDS

A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.



B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated.

C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents.

1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source.

1.4 ABBREVIATIONS AND ACRONYMS

A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.

B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities. This information is believed to be accurate as of the date of the Contract Documents.

C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities. Information is subject to change and is up to date as of the date of the Contract Documents.

1. COE - Army Corps of Engineers; www.usace.army.mil. 2. CPSC - Consumer Product Safety Commission; www.cpsc.gov. 3. DOC - Department of Commerce; National Institute of Standards and Technology;

www.nist.gov. 4. DOD - Department of Defense; www.quicksearch.dla.mil. 5. DOE - Department of Energy; www.energy.gov. 6. EPA - Environmental Protection Agency; www.epa.gov. 7. FAA - Federal Aviation Administration; www.faa.gov. 8. FG - Federal Government Publications; www.gpo.gov/fdsys. 9. GSA - General Services Administration; www.gsa.gov. 10. HUD - Department of Housing and Urban Development; www.hud.gov. 11. LBL - Lawrence Berkeley National Laboratory; Environmental Energy Technologies

Division; www.eetd.lbl.gov. 12. OSHA - Occupational Safety & Health Administration; www.osha.gov. 13. SD - Department of State; www.state.gov. 14. TRB - Transportation Research Board; National Cooperative Highway Research

Program; The National Academies; www.trb.org. 15. USDA - Department of Agriculture; Agriculture Research Service; U.S. Salinity

Laboratory; www.ars.usda.gov. 16. USDA - Department of Agriculture; Rural Utilities Service; www.usda.gov. 17. USDJ - Department of Justice; Office of Justice Programs; National Institute of Justice;

www.ojp.usdoj.gov. 18. USP - U.S. Pharmacopeial Convention; www.usp.org. 19. USPS - United States Postal Service; www.usps.com.

http://www.usace.army.mil/

http://www.cpsc.gov/

http://www.nist.gov/

http://www.quicksearch.dla.mil/

http://www.energy.gov/

http://www.epa.gov/

http://www.faa.gov/

http://www.gpo.gov/fdsys

http://www.gsa.gov/

http://www.hud.gov/

http://www.eetd.lbl.gov/

http://www.osha.gov/

http://www.state.gov/

http://www.trb.org/

http://www.ars.usda.gov/

http://www.usda.gov/

http://www.ojp.usdoj.gov/

http://www.usp.org/

http://www.usps.com/



D. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.

E. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.






GOODWYN, MILLS & CAWOOD, INC. TEMPORARY FACILITIES AND CONTROLS GMC PROJECT NO. CMGM170037 01 50 00 - 1 of 6

SECTION 01 50 00 - TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.


1. Section 01 10 00 – Summary, for work restrictions and limitations on utility interruptions.

1.3 USE CHARGES

A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to Engineer, testing agencies, and authorities having jurisdiction.

B. Sewer Service: Sewer service shall be by the Contractor utilizing portable facilities.

C. Water Service: Pay water-service use charges for water used by all entities for construction operations.

D. Electric Power Service: Pay electric-power-service use charges for electricity used by all entities for construction operations.


A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel.

B. Erosion- and Sedimentation-Control Plan: Show compliance with requirements of EPA Construction General Permit or authorities having jurisdiction (ADEM), whichever is more stringent.

C. Moisture-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage.



1. Describe delivery, handling, and storage provisions for materials subject to water absorption or water damage.

2. Indicate procedures for discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water-damaged Work.

3. Indicate sequencing of work that requires water, such as sprayed fire-resistive materials, plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials.


A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.

PART 2 - PRODUCTS

2.1 TEMPORARY FACILITIES

A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading.

B. Contractor’s Field Office(s): Of sufficient size to accommodate needs of Contractor and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections. Keep office clean and orderly. Furnish and equip offices as follows:

1. Furniture required for Project-site documents including file cabinets, plan tables, plan racks, and bookcases.

2. Conference room of sufficient size to accommodate meetings of 10 individuals. Provide electrical power service and 120-V ac duplex receptacles, with no fewer than one receptacle on each wall. Furnish room with conference table, chairs, and 4 foot square tack and marker boards.

3. Drinking water and private restroom, provide water supply for restroom. 4. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68

to 72 deg F. 5. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height.

2.2 EQUIPMENT

A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.

B. HVAC Equipment: Provide electrically powered heating and air-conditioning units with air filtration and thermostatic control.



1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work.

B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.

3.2 TEMPORARY UTILITY INSTALLATION

A. General: Install temporary service or connect to existing service.

1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services.

B. Sewers and Drainage: Provide temporary utilities to remove sewage lawfully.

1. Connect temporary sewers to system as directed by authorities having jurisdiction.

C. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction.

D. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. Contractor’s personnel may not use Owner’s or Engineer’s restrooms.

E. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations.

1. Install electric power service overhead or underground or as required for construction.

F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions.

1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system.

G. Telephone Service: Provide temporary telephone service as required for use by Contractor. Telephone service is not available from Owner.



3.3 SUPPORT FACILITIES INSTALLATION

A. General: Comply with the following:

1. Maintain support facilities until Engineer schedules Substantial Completion inspection. Remove before Final Completion.

B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. Locate temporary roads and paved areas within construction limits indicated on Drawings.

1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust.

C. Temporary Use of Permanent Roads and Paved Areas: Locate temporary roads and paved areas in same location as permanent roads and paved areas. Construct and maintain temporary roads and paved areas adequate for construction operations. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations.

1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas.

2. Prepare subgrade and install subbase and base for temporary roads. 3. Recondition base after temporary use, including removing contaminated material,

regrading, proof rolling, compacting, and testing. 4. Delay installation of final course of permanent hot-mix asphalt pavement until

immediately before Substantial Completion. Repair hot-mix asphalt base-course pavement before installation of final course according to Section 32 12 16 "Asphalt Paving."

D. Traffic Controls: Comply with requirements of authorities having jurisdiction.

1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants.

E. Parking: Provide temporary parking areas for construction personnel.

F. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. Subcontractors are not authorized to have signage.

1. Identification Signs: Provide Project identification signs as indicated on Drawings. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and

individuals seeking entrance to Project.

a. Provide temporary construction signs as required by funding agencies.

b. Provide temporary, directional signs for construction personnel and visitors.

3. Maintain and touchup signs so they are legible at all times.

G. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction.



Comply with progress cleaning requirements in Section 01 70 00 "Execution and Closeout Requirements."

3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION

A. Protection of Existing Properties: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing properties.

B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.

1. Comply with work restrictions specified in Section 01 10 00 "Summary."

C. Temporary Erosion and Sedimentation Control: Comply with authorities having jurisdiction, and requirements specified in Section 31 25 00 “Erosion and Sedimentation Controls.”

D. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains.

E. Pest Control: Engage pest-control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Perform control operations lawfully, using environmentally safe materials.

F. Site Enclosure Fence: Before construction operations begin furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates.

1. Extent of Fence: As required to enclose entire Project site or portion determined sufficient to accommodate construction operations.

G. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.

H. Temporary Egress: As may be required, maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.

I. Temporary Enclosures: Provide temporary enclosures as required for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities.

3.5 OPERATION, TERMINATION, AND REMOVAL

A. Maintenance: Maintain temporary facilities in good operating condition until removal.



B. Termination and Removal: Remove each temporary facility when need for its service has ended, or no later than Substantial Completion. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs.

2. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns.

3. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 01 70 00 "Execution and Closeout Requirements."



GOODWYN, MILLS & CAWOOD, INC. PRODUCT REQUIREMENTS GMC PROJECT NO. CMGM170037 01 60 00 - 1 of 4

SECTION 01 60 00 - PRODUCT REQUIREMENTS

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.

1.3 DEFINITIONS

A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents.

2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.

3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification.


A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.



1. Include data to indicate compliance with the requirements specified in "Comparable Products" Article.

2. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Engineer will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later.

a. Form of Approval: As specified in Section 01 33 00 - Submittal Procedures. b. Use product specified if Engineer does not issue a decision on use of a comparable

product request within time allocated.

B. Basis-of-Design Product Specification Submittal: Comply with requirements in Section 01 33 00 - Submittal Procedures. Show compliance with requirements.


A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.

1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.

B. Delivery and Handling:

1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces.

2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.

3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.

4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.

C. Storage:

1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight

enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of

installation and concealment.



5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage.

6. Protect stored products from damage and liquids from freezing.

1.7 PRODUCT WARRANTIES

A. Warranty requirements shall conform with the General Conditions followed by Specification Section 011000.

1.8 PRODUCT SELECTION PROCEDURES

A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.

2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.

3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

4. Where products are accompanied by the term "as selected," Engineer will make selection. 5. Descriptive, performance, and reference standard requirements in the Specifications

establish salient characteristics of products. 6. Or Equal: For products specified by name and accompanied by the term "or equal," or "or

approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product.

B. Product Selection Procedures:

1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

3. Products:

a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered.

4. Manufacturers:

a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with



requirements. Comparable products or substitutions for Contractor's convenience will be considered,

5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers.

C. Visual Matching Specification: Where Specifications require "match Engineer's sample", provide a product that complies with requirements and matches Engineer's sample. Engineer's decision will be final on whether a proposed product matches.

1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 01 25 00 "Substitution of Major Equipment Items and Products" for proposal of product.

D. Visual Selection Specification: Where Specifications include the phrase "as selected by Engineer from manufacturer's full range" or similar phrase, select a product that complies with requirements. Engineer will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items.

1.9 COMPARABLE PRODUCTS

A. Conditions for Consideration: Engineer will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may return requests without action, except to record noncompliance with these requirements:

1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work.

2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated.

3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and

names and addresses of Engineers and owners, if requested. 5. Samples, if requested. 6. The Contractor shall also include in the price bid the modifications necessary for the

comparable product to be utilized. This includes but is not limited to, electrical and mechanical changes, engineering time to assess the changes, modifications to buildings, programmable controls and structural modifications.

PART 2 - EXECUTION (Not Used) END OF SECTION 01 60 00


GOODWYN, MILLS & CAWOOD, INC. EXECUTION AND CLOSEOUT REQUIREMENTS GMC PROJECT NO. CMGM170037 01 70 00 - 1 of 9

SECTION 01 70 00 - EXECUTION AND CLOSEOUT REQUIREMENTS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes:

1. Field engineering. 2. Closeout procedures. 3. Starting of systems. 4. Demonstration and instructions. 5. Testing, adjusting, and balancing. 6. Project record documents. 7. Operation and maintenance data. 8. Manual for materials and finishes. 9. Manual for equipment and systems. 10. Spare parts and maintenance products. 11. Product warranties and product bonds. 12. Examination. 13. Preparation. 14. Execution. 15. Cutting and patching. 16. Protecting installed construction. 17. Final cleaning.


1. Section 01 33 00 - Submittal Procedures, for submitting copies of submittals for operation and maintenance manuals.

2. Section 01 78 23 - Operation and Maintenance Data, for submitting operation and maintenance manuals.

1.2 FIELD ENGINEERING

A. Employ land surveyor registered in state of Alabama acceptable to Engineer.

B. Locate protect survey control and reference points. Promptly notify Engineer of discrepancies discovered.

C. Control datum for survey is indicated on Drawings.

D. Verify setbacks and easements; confirm Drawing dimensions and elevations.

E. Provide field engineering services. Establish elevations, lines, and levels using recognized engineering survey practices.



F. Submit copy of certificate signed by land surveyor certifying elevations and locations of the Work are in conformance with Contract Documents.

G. Protect survey control points prior to starting Site Work; preserve permanent reference points during construction.

H. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Engineer.

1.3 CLOSEOUT PROCEDURES

A. Prerequisites to Substantial Completion: Complete following items before requesting Certification of Substantial Completion, either for entire Work or for portions of Work:

1. Submit operation and maintenance manuals, Project record documents, and other similar final record data in compliance with this Section.

2. Complete facility startup, testing, adjusting, balancing of systems and equipment, demonstrations, and instructions to Owner's operating and maintenance personnel as specified in compliance with this Section.

3. Conduct inspection to establish basis for request that Work is substantially complete. Create comprehensive list (initial punch list) indicating items to be completed or corrected, value of incomplete or nonconforming Work, reason for being incomplete, and date of anticipated completion for each item. Include copy of list with request for Certificate of Substantial Completion.

4. Obtain and submit releases enabling Owner's full, unrestricted use of Project and access to services and utilities. Include certificate of occupancy, operating certificates, and similar releases from authorities having jurisdiction and utility companies.

5. Deliver tools, spare parts, extra stocks of material, and similar physical items to Owner. 6. Make final change-over of locks and transmit keys directly to Owner. Advise Owner's

personnel of change-over in security provisions. 7. Discontinue or change over and remove temporary facilities and services from Project

Site, along with construction tools, mockups, and similar elements. 8. Perform final cleaning according to this Section.

B. Substantial Completion Inspection:

1. When Contractor considers Work to be substantially complete, submit to Engineer:

a. Written certificate that Work, or designated portion, is substantially complete. b. List of items to be completed or corrected (initial punch list).

2. Within seven days after receipt of request for Substantial Completion, Engineer will make inspection to determine whether Work or designated portion is substantially complete.

3. Should Engineer determine that Work is not substantially complete:

a. Engineer will promptly notify Contractor in writing, stating reasons for its opinion. b. Contractor shall remedy deficiencies in Work and send second written request for

Substantial Completion to Engineer. c. Engineer will re-inspect Work.



d. Redo and Inspection of Deficient Work: Repeated until Work passes Engineer and Owner’s inspection.

4. When Engineer finds that Work is substantially complete, Engineer will:

a. Prepare Certificate of Substantial Completion on EJCDC C-625 - Certificate of Substantial Completion accompanied by Contractor's list of items to be completed or corrected as verified and amended by Engineer and Owner (final punch list).

b. Submit Certificate to Owner and Contractor for their written acceptance of responsibilities assigned to them in Certificate.

5. After Work is substantially complete, Contractor shall:

a. Allow Owner occupancy of Project under provisions stated in Certificate of Substantial Completion.

b. Complete Work listed for completion or correction within time period stipulated.

C. Prerequisites for Final Completion: Complete following items before requesting final acceptance and final payment.

1. When Contractor considers Work to be complete, submit written certification that:

a. Contract Documents have been reviewed. b. Work has been examined for compliance with Contract Documents. c. Work has been completed according to Contract Documents. d. Work is completed and ready for final inspection.

2. Submittals: Submit following:

a. Final punch list indicating all items have been completed or corrected. b. Final payment request with final releases and supporting documentation not

previously submitted and accepted. Include certificates of insurance for products and completed operations where required.

c. Specified warranties, workmanship/maintenance bonds, maintenance agreements, and other similar documents.

d. Accounting statement for final changes to Contract Sum. e. Contractor's affidavit of payment of debts. f. Contractor affidavit of release of liens. g. Consent of surety to final payment.

3. Perform final cleaning for Contractor-soiled areas according to this Section.

D. Final Completion Inspection:

1. Within seven days after receipt of request for final inspection, Owner and Engineer will make inspection to determine whether Work or designated portion is complete.

2. Should Engineer consider Work to be incomplete or defective:

a. Engineer will promptly notify Contractor in writing, listing incomplete or defective Work.



b. Contractor shall remedy stated deficiencies and send second written request to Work is complete.

c. Engineer will re-inspect Work. d. Redo and Inspection of Deficient Work: Repeated until Work passes inspection.

1.4 STARTING OF SYSTEMS

A. Coordinate schedule for startup of various equipment and systems.

B. Notify Engineer and owner seven days prior to startup of each item.

C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions which may cause damage.

D. Verify that tests, meter readings, and electrical characteristics agree with those required by equipment or system manufacturer.

E. Verify that wiring and support components for equipment are complete and tested.

F. Execute startup under supervision of manufacturer's representative or Contractors' personnel according to manufacturer's instructions.

G. When specified in individual Specification Sections, require manufacturer to provide authorized representative who will be present at Site to inspect, check, and approve equipment or system installation prior to startup and will supervise placing equipment or system in operation.

H. Submit a written report that equipment or system has been properly installed and is functioning correctly, as well as a certificate/field report from the manufacturer from his inspection of the installation.

1.5 DEMONSTRATION AND INSTRUCTIONS

A. Demonstrate operation and maintenance of products to Owner's personnel as equipment becomes available for use and not later than 14 days prior to date of Substantial Completion.

B. Demonstrate Project equipment and instruct in classroom environment located at the facility. Class shall be instructed by qualified manufacturer's representative who is knowledgeable about the Project.

C. Use operation and maintenance manuals as basis for instruction. Review contents of manual with Owner's personnel in detail to explain all aspects of operation and maintenance.

D. Demonstrate startup, operation, control, adjustment, troubleshooting, servicing, maintenance, and shutdown of each item of equipment at scheduled time, at designated location.

E. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction.



1.6 TESTING, ADJUSTING, AND BALANCING

A. Contractor with Engineer approval will appoint and employ services of independent firm to perform testing, adjusting, and balancing. Contractor shall pay for services.

B. Reports will be submitted by independent firm to Engineer indicating observations and results of tests and indicating compliance or noncompliance with requirements of Contract Documents.

1.7 PROJECT RECORD DOCUMENTS

A. Maintain on Site one set of the following record documents; record actual revisions to the Work:

1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, product data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting.

B. Ensure entries are complete and accurate, enabling future reference by Owner.

C. Store record documents separate from documents used for construction.

D. Record information concurrent with construction progress, not less than weekly.

E. Specifications: Legibly mark and record, at each product Section, description of actual products installed, including the following:

1. Manufacturer's name and product model and number. 2. Product substitutions or alternates used. 3. Changes made by Addenda and modifications.

F. Record Drawings: Legibly mark each item to record actual construction as follows:

1. Include Contract modifications such as Addenda, supplementary instructions, change directives, field orders, minor changes in the Work, and change orders.

2. Include locations of concealed elements of the Work. 3. Identify depth of buried utility lines and provide dimensions showing distances from

permanent facility components that are parallel to utilities. 4. Dimension ends, corners, and junctions of buried utilities to permanent facility

components using triangulation. 5. Identify and locate existing buried or concealed items encountered during Project. 6. Measured depths of foundations in relation to finish floor datum. 7. Measured horizontal and vertical locations of underground utilities and appurtenances,

referenced to permanent surface improvements. 8. Measured locations of internal utilities and appurtenances concealed in construction,

referenced to visible and accessible features of the Work. 9. Field changes of dimension and detail. 10. Details not on original Drawings.



G. Submit marked-up paper copy documents to Engineer with claim for final Application for Payment.

1.8 OPERATION AND MAINTENANCE DATA

A. See Section 01 78 23 - Operation and Maintenance Data, for operation and maintenance manuals.

PART 2 - PRODUCTS - Not Used

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that existing Site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions.

B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached.

C. Examine and verify specific conditions described in individual Specification Sections.

D. Verify that utility services are available with correct characteristics and in correct locations.

3.2 PREPARATION

A. Clean substrate surfaces prior to applying next material or substance according to manufacturer's instructions.

B. Seal cracks or openings of substrate prior to applying next material or substance.

C. Apply manufacturer-required or -recommended substrate primer, sealer, or conditioner prior to applying new material or substance in contact or bond.

3.3 EXECUTION

A. Comply with manufacturer's installation instructions, performing each step in sequence. Maintain one set of manufacturer's installation instructions at Project Site during installation and until completion of construction.

B. When manufacturer's installation instructions conflict with Contract Documents, request clarification from Engineer before proceeding.

C. Verify that field measurements are as indicated on approved Shop Drawings or as instructed by manufacturer.



D. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement.

1. Secure Work true to line and level and within specified tolerances, or if not specified, industry-recognized tolerances.

2. Physically separate products in place, provide electrical insulation, or provide protective coatings to prevent galvanic action or corrosion between dissimilar metals.

3. Exposed Joints: Provide uniform joint width and arrange to obtain best visual effect. Refer questionable visual-effect choices to Engineer for final decision.

E. Allow for expansion of materials and building movement.

F. Climatic Conditions and Project Status: Install each unit of Work under conditions to ensure best possible results in coordination with entire Project.

1. Isolate each unit of Work from incompatible Work as necessary to prevent deterioration. 2. Coordinate enclosure of Work with required inspections and tests to minimize necessity

of uncovering Work for those purposes.

G. Mounting Heights: Where not indicated, mount individual units of Work at industry recognized standard mounting heights for particular application indicated.

1. Refer questionable mounting heights choices to Engineer for final decision. 2. Elements Identified as Accessible to Handicapped: Comply with applicable codes and

regulations.

H. Adjust operating products and equipment to ensure smooth and unhindered operation.

I. Clean and perform maintenance on installed Work as frequently as necessary through remainder of construction period. Lubricate operable components as recommended by manufacturer.

3.4 CUTTING AND PATCHING

A. Employ skilled and experienced installers to perform cutting and patching.

B. Submit written request in advance of cutting or altering elements affecting:

1. Structural integrity of element. 2. Integrity of weather-exposed or moisture-resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight-exposed elements. 5. Work of Owner or separate contractor.

C. Execute cutting, fitting, and patching including excavation and fill to complete Work and to:

1. Fit the several parts together, to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and nonconforming Work. 4. Remove samples of installed Work for testing.



5. Provide openings in elements of Work for penetrations of mechanical and electrical Work.

D. Execute Work by methods to avoid damage to other Work and to provide proper surfaces to receive patching and finishing.

E. Cut masonry and concrete materials using masonry saw or core drill.

F. Restore Work with new products according to requirements of Contract Documents.

G. Fit Work tight to pipes, sleeves, ducts, conduits, and other penetrations through surfaces.

H. Maintain integrity of wall, ceiling, or floor construction; completely seal voids.

I. At penetrations of fire-rated walls, partitions, ceiling, or floor construction, completely seal voids with fire-rated material to full thickness of penetrated element.

J. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for assembly, refinish entire unit.

K. Identify hazardous substances or conditions exposed during the Work to Engineer for decision or remedy.

3.5 PROTECTING INSTALLED CONSTRUCTION

A. Protect installed Work and provide special protection where specified in individual Specification Sections.

B. Provide temporary and removable protection for installed products. Control activity in immediate Work area to prevent damage.

C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.

D. Use durable sheet materials to protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects.

E. Prohibit traffic or storage upon waterproofed or roofed surfaces. When traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

F. Prohibit traffic from landscaped areas.

3.6 FINAL CLEANING

A. Execute final cleaning prior to final Project assessment.

1. Employ experienced personnel or professional cleaning firm.



B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains, and foreign substances; polish transparent and glossy surfaces, and vacuum carpeted and soft surfaces.

C. Clean equipment and fixtures to sanitary condition with appropriate cleaning materials.

D. Clean filters of operating equipment.

E. Clean debris from roofs, gutters, downspouts, and drainage systems.

F. Clean Site; sweep paved areas, rake clean landscaped surfaces.

G. Remove waste and surplus materials, rubbish, and construction facilities from Site.




GOODWYN, MILLS & CAWOOD, INC. OPERATION AND MAINTENANCE DATA GMC PROJECT NO. CMGM170037 01 78 23 - 1 of 8

SECTION 01 78 23 - OPERATION AND MAINTENANCE DATA

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following:

1. Operation and maintenance documentation directory. 2. Emergency manuals. 3. Operation manuals for systems, subsystems, and equipment. 4. Product maintenance manuals. 5. Systems and equipment maintenance manuals.


1. Section 01 33 00 - Submittal Procedures, for submitting copies of submittals for operation and maintenance manuals.

1.3 DEFINITIONS

A. System: An organized collection of parts, equipment, or subsystems united by regular interaction.

B. Subsystem: A portion of a system with characteristics similar to a system.

1.4 CLOSEOUT SUBMITTALS

A. Manual Content: Operations and maintenance manual content is specified in individual Specification Sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted and organized as required by this Section.

1. Engineer will comment on whether content of operations and maintenance submittals are acceptable.

2. Where applicable, clarify and update reviewed manual content to correspond to revisions and field conditions.

B. Format: Submit operations and maintenance manuals in the following format:



1. PDF electronic file. Assemble each manual into a composite electronically indexed file. Submit on digital media acceptable to Engineer.

a. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically linked operation and maintenance directory.

b. Enable inserted reviewer comments on draft submittals.

2. Two paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves.

C. Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Engineer will return copy with comments.

1. Correct or revise each manual to comply with Engineer's comments. Submit copies of each corrected manual within 15 days of receipt of Engineer's comments and prior to commencing demonstration and training.

PART 2 - PRODUCTS

2.1 OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY

A. Directory: Prepare a single, comprehensive directory of emergency, operation, and maintenance data and materials, listing items and their location to facilitate ready access to desired information. Include a section in the directory for each of the following:

1. List of documents. 2. List of systems. 3. List of equipment. 4. Table of contents.

B. List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system.

C. List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list.

D. Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual.

E. Identification: In the documentation directory and in each operation and maintenance manual, identify each system, subsystem, and piece of equipment with same designation used in the Contract Documents. If no designation exists, assign a designation according to ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building Systems."



2.2 REQUIREMENTS FOR EMERGENCY, OPERATION, AND MAINTENANCE MANUALS

A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed:

1. Title page. 2. Table of contents. 3. Manual contents.

B. Title Page: Include the following information:

1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name and contact information for Contractor. 6. Name and contact information for Construction Manager. 7. Name and contact information for Engineer. 8. Names and contact information for major consultants to the Engineer that designed the

systems contained in the manuals. 9. Cross-reference to related systems in other operation and maintenance manuals.

C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual.

1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set.

D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder.

E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required.

1. Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size.

2. File Names and Bookmarks: Enable bookmarking of individual documents based on file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel on opening file.

F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes.



1. Binders: Heavy-duty, three-ring, vinyl-covered, binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch and 11 x 17 paper (Z folded); with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets.

a. If two or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system.

b. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name and subject matter of contents, and indicate Specification Section number on bottom of spine. Indicate volume number for multiple-volume sets.

2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual.

3. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text.

a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts.

b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations.

2.3 OPERATION MANUALS

A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information:

1. System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents.

2. Performance and design criteria if Contractor has delegated design responsibility. 3. Operating standards. 4. Operating procedures. 5. Operating logs. 6. Wiring diagrams. 7. Control diagrams. 8. Piped system diagrams. 9. Precautions against improper use. 10. License requirements including inspection and renewal dates.

B. Descriptions: Include the following:

1. Product name and model number. Use designations for products indicated on Contract Documents.

2. Manufacturer's name. 3. Equipment identification with serial number of each component.



4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts.

C. Operating Procedures: Include the following, as applicable:

1. Startup procedures. 2. Equipment or system break-in procedures. 3. Routine and normal operating instructions. 4. Regulation and control procedures. 5. Instructions on stopping. 6. Normal shutdown instructions. 7. Seasonal and weekend operating instructions. 8. Required sequences for electric or electronic systems. 9. Special operating instructions and procedures.

D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed.

E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification.

2.4 PRODUCT MAINTENANCE MANUALS

A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below.

B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.

C. Product Information: Include the following, as applicable:

1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products.

D. Maintenance Procedures: Include manufacturer's written recommendations and the following:

1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product.



4. Schedule for routine cleaning and maintenance. 5. Repair instructions.

E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services.

F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds.

1. Include procedures to follow and required notifications for warranty claims.

2.5 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS

A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below.

B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.

C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment:

1. Standard maintenance instructions and bulletins. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly

and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts.

D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures:

1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training video recording, if available.

E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment.

1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies.



2. Maintenance and Service Record: Include manufacturers' forms for recording maintenance.

F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services.

G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent.

H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds.

1. Include procedures to follow and required notifications for warranty claims.

PART 3 - EXECUTION

3.1 MANUAL PREPARATION

A. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work.

B. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system.

1. Engage a factory-authorized service representative to assemble and prepare information for each system, subsystem, and piece of equipment not part of a system.

2. Prepare a separate manual for each system and subsystem, in the form of an instructional manual for use by Owner's operating personnel.

C. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable.

1. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems.

D. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation.

1. Do not use original project record documents as part of operation and maintenance manuals.



2. Comply with requirements of newly prepared record Drawings in Section 01 78 39 "Project Record Documents."

E. Comply with Section 01 70 00 "Execution and Closeout Procedures" for schedule for submitting operation and maintenance documentation.



GOODWYN, MILLS & CAWOOD, INC. PROJECT RECORD DOCUMENTS GMC PROJECT NO. CMGM170037 01 78 39 - 1 of 4

SECTION 01 78 39 - PROJECT RECORD DOCUMENTS

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for project record documents, including the following:

1. Record Drawings. 2. Record Specifications. 3. Record Product Data. 4. Miscellaneous record submittals.


1. Section 01 70 00 - Execution and Closeout Procedures, for general closeout procedures. 2. Section 01 78 23 - Operation and Maintenance Data, for operation and maintenance

manual requirements.


A. Record Drawings: Comply with the following:

1. Number of Copies: Submit one set(s) of marked-up record prints. 2. Number of Copies: Submit copies of record Drawings as follows:

a. Final Submittal:

1) Submit one paper-copy set(s) of marked-up record prints. 2) Submit PDF electronic files of scanned record prints and one set(s) of prints. 3) Print each drawing, whether or not changes and additional information were

recorded.

B. Miscellaneous Record Submittals: See other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities.



PART 2 - PRODUCTS

2.1 RECORD DRAWINGS

A. Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings and Shop Drawings, incorporating new and revised drawings as modifications are issued. Contractor shall maintain a set of marked up prints on the job site for review prior to pay request approval.

1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints.

a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later.

b. Accurately record information in an acceptable drawing technique. c. Record data as soon as possible after obtaining it. d. Record and check the markup before enclosing concealed installations. e. Cross-reference record prints to corresponding archive photographic

documentation.

2. Content: Types of items requiring marking include, but are not limited to, the following:

a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Depths of foundations below first floor. d. Locations and depths of underground utilities. e. Revisions to routing of piping and conduits. f. Revisions to electrical circuitry. g. Actual equipment locations. h. Duct size and routing. i. Locations of concealed internal utilities. j. Changes made by Change Order or Work Change Directive. k. Changes made following Engineer's written orders. l. Details not on the original Contract Drawings. m. Field records for variable and concealed conditions. n. Record information on the Work that is shown only schematically.

3. Mark the Contract Drawings and Shop Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked-up record prints.

4. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location.

5. Mark important additional information that was either shown schematically or omitted from original Drawings.

6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable.

B. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location.



1. Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets.

2. Format: Annotated PDF electronic file with comment function enabled. 3. Record Digital Data Files: Organize digital data information into separate electronic files

that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each digital data file.

4. Identification: As follows:

a. Project name. b. Date. c. Designation "PROJECT RECORD DRAWINGS." d. Name of Engineer. e. Name of Contractor.

2.2 MISCELLANEOUS RECORD SUBMITTALS

A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference.

B. Format: Submit miscellaneous record submittals as PDF electronic file.

1. Include miscellaneous record submittals directory organized by Specification Section number and title, electronically linked to each item of miscellaneous record submittals.

PART 3 - EXECUTION

3.1 RECORDING AND MAINTENANCE

A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and revisions to project record documents as they occur; do not wait until end of Project.

B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Engineer's reference during normal working hours.





GOODWYN, MILLS & CAWOOD, INC. DEMONSTRATION AND TRAINING GMC PROJECT NO. CMGM170037 01 79 00 - 1 of 4

SECTION 01 79 00 - DEMONSTRATION AND TRAINING

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes administrative and procedural requirements for instructing Owner's personnel, including the following:

1. Demonstration of operation of systems, subsystems, and equipment. 2. Training in operation and maintenance of systems, subsystems, and equipment.

B. Furnish demonstration and training instruction time as a subsidiary obligation of the price bid.


A. Facilitator Qualifications: A firm or individual experienced in training or educating maintenance personnel in a training program similar in content and extent to that indicated for this Project, and whose work has resulted in training or education with a record of successful learning performance.

B. Instructor Qualifications: A factory-authorized service representative, complying with requirements in Section 01 40 00 "Quality Requirements," experienced in operation and maintenance procedures and training.

1.4 COORDINATION

A. Coordinate instruction schedule with Owner's operations. Adjust schedule as required to minimize disrupting Owner's operations and to ensure availability of Owner's personnel.

B. Coordinate instructors, including providing notification of dates, times, length of instruction time, and course content.

C. Coordinate content of training modules with content of approved emergency, operation, and maintenance manuals. Do not submit instruction program until operation and maintenance data has been reviewed and approved by Engineer.



PART 2 - PRODUCTS

2.1 INSTRUCTION PROGRAM

A. Program Structure: Develop an instruction program that includes individual training modules for each system and for equipment not part of a system, as required by individual Specification Sections.

B. Training Modules: Develop a learning objective and teaching outline for each module. Include a description of specific skills and knowledge that participant is expected to master. For each module, include instruction for the following as applicable to the system, equipment, or component:

1. Basis of System Design, Operational Requirements, and Criteria: Include the following:

a. System, subsystem, and equipment descriptions. b. Performance and design criteria if Contractor is delegated design responsibility. c. Operating standards. d. Regulatory requirements. e. Equipment function. f. Operating characteristics. g. Limiting conditions. h. Performance curves.

2. Documentation: Review the following items in detail:

a. Emergency manuals. b. Operations manuals. c. Maintenance manuals. d. Project record documents. e. Identification systems. f. Warranties and bonds. g. Maintenance service agreements and similar continuing commitments.

3. Emergencies: Include the following, as applicable:

a. Instructions on meaning of warnings, trouble indications, and error messages. b. Instructions on stopping. c. Shutdown instructions for each type of emergency. d. Operating instructions for conditions outside of normal operating limits. e. Sequences for electric or electronic systems. f. Special operating instructions and procedures.

4. Operations: Include the following, as applicable:

a. Startup procedures. b. Equipment or system break-in procedures. c. Routine and normal operating instructions. d. Regulation and control procedures. e. Control sequences.



f. Safety procedures. g. Instructions on stopping. h. Normal shutdown instructions. i. Operating procedures for emergencies. j. Operating procedures for system, subsystem, or equipment failure. k. Seasonal and weekend operating instructions. l. Required sequences for electric or electronic systems. m. Special operating instructions and procedures.

5. Adjustments: Include the following:

a. Alignments. b. Checking adjustments. c. Noise and vibration adjustments. d. Economy and efficiency adjustments.

6. Troubleshooting: Include the following:

a. Diagnostic instructions. b. Test and inspection procedures.

7. Maintenance: Include the following:

a. Inspection procedures. b. Types of cleaning agents to be used and methods of cleaning. c. List of cleaning agents and methods of cleaning detrimental to product. d. Procedures for routine cleaning e. Procedures for preventive maintenance. f. Procedures for routine maintenance. g. Instruction on use of special tools.

8. Repairs: Include the following:

a. Diagnosis instructions. b. Repair instructions. c. Disassembly; component removal, repair, and replacement; and reassembly

instructions. d. Instructions for identifying parts and components. e. Review of spare parts needed for operation and maintenance.

PART 3 - EXECUTION

3.1 PREPARATION

A. Assemble educational materials necessary for instruction, including documentation and training module. Assemble training modules into a training manual organized in coordination with requirements in Section 01 78 23 "Operation and Maintenance Data."

B. Set up instructional equipment at instruction location.



3.2 INSTRUCTION

A. Facilitator: Engage a qualified facilitator to prepare instruction program and training modules, to coordinate instructors, and to coordinate between Contractor and Owner for number of participants, instruction times, and location.

B. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system.

1. Engineer will furnish an instructor to describe basis of system design, operational requirements, criteria, and regulatory requirements.

2. Owner will furnish an instructor to describe Owner's operational philosophy. 3. Owner will furnish Contractor with names and positions of participants.

C. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season.

1. Schedule training with Owner, through Engineer with at least seven days' advance notice.

D. Training Location and Reference Material: Conduct training on-site in the completed and fully operational facility using the actual equipment in-place. Conduct training using final operation and maintenance data submittals.

E. Cleanup: Restore systems and equipment to condition existing before initial training use.


17999 - 1 Special Specifications

SECTION 17999

SPECIAL SPECIFICATIONS FOR THE

EVERGREEN LAGOON UPGRADE FOR THE

CITY OF EVERGREEN, ALABAMA 1. GENERAL

1.1 Questions can ONLY be submitted by email to [email protected] up until two (2) business days before the bid date. No questions will be accepted after the mandated deadline.

1.2 All bidders submitting proposals for the work included in this contract shall file

with their proposals a record of past experience indicating location, contract awarding authority, date work performed and referenced. The Contractor Statement of Qualifications (Section 00400) for the project shall be completed and very specific.

1.3 In the event that bids exceed the funds available, the Owner reserves the right to

exercise all or any combination of deleting entire sections or parts thereof to bring the construction cost within the funds available.

1.4 The work covered by this contract consists of furnishing all labor, materials,

equipment and supplies necessary for the construction and testing of the project as shown on the plans, and as directed by the Engineer. For all pay items defined herein, the intent is for the contractor to provide a complete and usable product, whether explicitly called for or not.

1.5 If any discrepancy is encountered between the General Specifications and the

Special Specifications, the Special Specifications shall have precedent over the General Specifications. If no clarification is determined before bidding, the contractor shall prepare his bid based upon the more expensive of the available alternatives.

1.6 The Contractor shall be required to visit and assess the project area prior to

preparing the bid package. The Contractor shall contact the Evergreen Utilities Department in order to access the treatment plant. Call 251-578-7216 or 251-2227-1639. The Contractor is required to notify the Engineer of any clarifications, and/or omissions needed prior to bidding in order for a suitable addendum to be issued. Failure to follow instructions or procedures as outlined in the project manual may waive the contractor’s claim to additional compensation after bidding.

1.7 It is possible that there will be below grade interferences that will be discovered during excavation. The contractor shall immediately notify the Engineer’s representative upon encountering such an interference. The contractor shall not vary from the plans without prior approval from the Engineer’s representative.



1.8 Two soil borings have been made near the pump station construction site. The

results of those borings are included in these specifications. These borings accurately reflect the conditions found at the bore holes, and may not reflect soil conditions at other locations on the project site. It is the Contractor’s responsibility to make any additional investigations of the project he feels necessary to properly prepare his bid. The Owner will provide the Contractor with access to the site for any investigations the Contractor cares to make.

1.9 This Project will upgrade all units of the Evergreen Wastewater Treatment System. Virtually all the existing units will be taken out of service at some point during the project. The Contractor shall not allow the discharge of untreated or partially treated wastewater at any time during this project. Any permit violation caused by the Contractor shall be solely his responsibility, and he shall be responsible for “all” costs related to that violation, whether charged directly to him, or to the City of Evergreen.

2. ALIGNMENT CONTROL AND PAYMENT

2.1 As-Built plans shall be the responsibility of the Contractor. The Contractor shall

be responsible for keeping an accurate record of the project. Upon completion of construction, the Contractor shall survey all improvements installed to accurately identify alignment, elevations, centerline stations, and other field information to properly document project location. Horizontal locations shall be tied to monuments on or near the project site which the Engineer has established, and for which horizontal coordinates are known. Upon completion of the project and when so directed, prepare and deliver to the Engineer a copy of this record. During installation, do not cover up any item until properly recorded.

2.2 The price bid for “Final Asbuilt Submittal” shall include a clean, marked-up copy

(in red ink or red pencil) of the construction drawings, which must thoroughly show all deviations from the original drawings, as well as information from a final survey provided on a CD, containing a text file with survey shots of all permanent structures constructed by the contractor. The point file shall be comma delimited, and in PNEZD format. This submittal shall include all work completed under this contract.

2.3 Detailed Layout. From the alignment and bench mark information described

above, the Contractor, with his own forces, shall perform the detailed layout work required to construct the proposed improvements.

2.4 Construction Staking: The Contractor shall notify the Engineer when he is ready

for preliminary survey work to be performed. The Engineer will survey in the benchmarks. The engineer is not responsible for restaking the alignment after the initial survey, reestablishing benchmarks or property pins, or asbuilt surveys. Contractor’s survey work is to be included in the cost bid for the various line.


3. TRAFFIC CONTROL

3.1 The Project work will be entirely inside the fenced Treatment Plant site, however the Contractor shall have a plan for accessing the site that fully meets all traffic laws and rules, and protects the City of Evergreen.

4. CLEARING, GRUBBING & EROSION CONTROL

4.1 The Contractor shall provide all necessary clearing and grubbing necessary to

complete the Project. This item shall also include all project cleanup, and shall be bid as a Lump Sum.

4.2 The Contractor shall be responsible for compliance with all Federal and State

regulations and statutes as relate to Storm Water Permitting, erosion control and compliance with a BMP plan. The Contractor shall acquire a Storm Water Permit shortly after the time of Award. The Contractor shall notify the Owner and Engineer before actual construction begins, to establish a schedule for inspections of his BMPs. The Contractor shall be responsible for the required inspections and costs over the course of the original contract period; however, if the Contractor does not complete the project by the original completion date, the Contractor shall be responsible for all inspection costs beyond the original completion date.

4.3 After the project has been completed and all related construction cleanup has

been done, all disturbed areas shall be graded smooth and grassed in accordance with these Specifications.

5. EXISTING UTILITIES

5.1 The Contractor shall be responsible for locating all existing utilities. All costs associated with locating existing utilities and working around them shall be included in the bid prices. The Contractor shall conduct a thorough and complete investigation to determine the exact location of all existing utilities before beginning work.

5.2 If at any time the existing utilities come in conflict with the proposed work (i.e.

proposed line intersects an existing utility), all work in that area shall stop and the Contractor and/or his agent shall notify the Engineer immediately. Neither the Contractor nor his agents shall take it upon themselves to lower or raise the proposed line.

5.3 The contractor is to use extreme care in protection of all utilities and drainage

structures throughout the work process. The Contractor shall be responsible for repair, or replacement, of any utilities or drainage structures damaged during construction.

6. DAILY CLEANUP

6.1 All costs associated with cleanup shall be included in the bid items listed. A

general cleanup of the work site shall be completed daily.


6.2 All trash and debris shall be cleaned up on a daily basis and backfill graded

smooth. Processing of all pay requests will be contingent upon this item being a priority.

7. SUBMITTAL AND SHOP DRAWING APPROVAL

7.1 All submittals, shop drawings and other similar documents submitted to the Engineer for approval shall first be reviewed and approved by the Contractor. Each document submitted to the Engineer shall contain the following wording: “The Contractor hereby represents that all field measurements, field construction criteria, materials, dimensions, catalog numbers and other similar data have been determined and verified and that each shop drawing and sample has been checked and coordinated with the requirements of the work and of the contract documents.”

8. PLANS AND SPECIFICATIONS

8.1 The Contractor will be furnished with three complete sets of plans and specifications. Any additional sets required can be purchased for the payment fee as stipulated in the Advertisement for Bids.

9. ACCIDENT PREVENTION, SAFETY, AND PROTECTION OF PROPERTY

9.1 The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Owner will require that caution be exercised by the Contractor at all times for the protection of persons (including employees) and property and that the contractor comply with safety provisions of applicable laws and building codes. The Contractor shall comply with all applicable OSHA criteria and shall maintain a safety program as outlined in the Manual of Accident prevention in Construction published by the Associated General Contractors of America.

9.2 The Contractor and he alone shall be liable for any claims or lawsuits made or

filed in connection with damages, injuries, loss of life, or other accidents caused by his construction operations or due to his negligence or to the negligence of his employees in taking proper and adequate precautions to insure the safety of the general public, his own employees, or any other person or property, or due to unforeseen accidents incident to the work such as trench cave-ins, ruptured utility lines and conduits, etc. The Contractor shall indemnify and save harmless the Owner, the Owner’s Engineer, and all other agents, officials, or employees of the Owner, against any claims or lawsuits made or filed against him in connection with his work under this contract.

9.3 Prior to beginning construction work, the Contractor shall thoroughly document

the condition of all existing landscaping, structures, and other improvements located along the lines of construction work. This documentation shall as a minimum consist of a videotape of the project with audio describing the area and tying the location to the project stationing. A complete set of video tapes and other documentation will be available on the job site to help determine the


restoration work that is required to return the disturbed property to its original condition and to settle disputes concerning the original conditions of any property. Two copies shall also be provided to the Engineer.

10. LICENSE AND PERMITS

10.1 The Contractor shall be responsible for the purchase of all licenses and permits required by the City, County, State or Federal government, and shall comply with all laws, ordinances, or regulations of those governments in pursuance of the work spelled out in this Contract.

11. MISCELLANEOUS CONCRETE

11.1 An item is provided in the proposal for Miscellaneous Concrete. This shall be used for minor concrete structures as directed by the Engineer. The concrete shall be 3000 psi mix and shall contain either steel or fiber reinforcement as directed by the Engineer. The price bid for Miscellaneous Concrete shall be complete compensation for all labor, materials, and equipment necessary to complete the minor structures directed by the Engineer.

12. MOBILIZATION

12.1 A Lump Sum Item is provided in the Proposal for Mobilization. This item will be paid proportionately during the project. The final payment for Mobilization will be made on the FINAL PAY ESTIMATE.

13. SELECT BACKFILL

13.1 The Contractor shall provide select backfill for all excavation related to this project. The backfill material shall be approved by the Engineer, and shall be from an approved and properly permitted source. Payment for Select Backfill shall be by Per Cubic Yard, Truck Bed Measure.

13.2 All Backfill shall be compacted in 6” layers to 95% of Standard Proctor Density.

The Contractor shall provide a testing lab approved by the Engineer to test and approve all Select Backfill and compaction.

14. MISCELLANEOUS

14.1 Items have been included in the Proposal for Silt Fence measured by the linear foot, Grassing measured by acre, wattles measured per each, and mulching pre acre. These items are to be used on the project to provide necessary BMPs to prevent all erosion from leaving the project site.

14.2 Several other items such as, stone and engineering fabric are included in the

Proposal and shall be used as needed and directed by the Engineer to facilitate a successful project.

14.3 The items in the Proposal are intended to provide full compensation to the

Contractor for providing a complete and functional wastewater treatment plant.


Any major items that are found by proposed bidders that do not cover any portion to the bid so that an Addendum can be issued. Payment for any minor items necessary to satisfactorily complete the project that are not listed in the Proposal shall be included in the prices bid for other items in the Proposal. No additional payment will be made for these minor items.

15. VALVES 15.1 A number of valves of various sizes and types are required to complete this

project. A Valve Schedule is provided on Sheet D-906 of the Plans. Each valve is coded as shown in the schedule, and that code is used in the plan drawings to identify where the valve will be used. Separate unit prices are provided in the Proposal for the valves on the influent lines into the Primary Ponds, and for the Bypass lines near the secondary ponds. A lump sum bid item is provided in the Proposal for the remaining valves included in the valve chart on Page D-906 of the Plans. This bid amount shall cover the costs of all valves not included with either pump station, or the DAF unit.

16. INFLUENT PUMP STATION 16.1 The Contractor shall construct a new Influent Submersible Pump Station and

reroute the two influent lines to the station as shown in the Plans. The lump sum bid for the pump station shall include all cost for equipment, labor, and materials necessary to construction of the station within the boundaries of the concrete slab, plus all electrical and control facilities required to make a function station.

17. ABANDON EXISTING INFLUENT PUMPING STATION 17.1 The Contractor shall abandon the existing pumping station by plugging the

influent sewers downstream of the doghouse manholes, and at the manhole at the station. No other actions will be required of the Contractor.

18. REHABILITATION OF PRIMARY PONDS 18.1 The two primary ponds shall be completely refurbished. This will be

accomplished by: draining each pond while keeping the other in service; removing / spreading the debris that has accumulated in the pond; completely replacing the aerators including anchors and all electrical wiring and equipment; rebuilding the interior of the pond dikes to a 3:1 slope; replacing the influent piping; and constructing a four (4) foot wide concrete liner around the pond dike at the water line. Unit prices are included in the Proposal for all these items of work.

18.2 The ponds can be drained by operating the valves in the cross-drain and effluent

box, and by diverting influent into only one pond at the influent pump station. It may be necessary to pump a portion of the water from one pond to the other in order to completely dry out the ponds. The cost of this pumping shall be included in the price bid to drain the ponds.


18.3 The Concrete liner shall be constructed as per the details on Page S-131. The Concrete shall be 3000 psi mix with 2 lbs fiber reinforcement per cubic yard. Expansion joints shall be provided at a minimum of 20 foot intervals, and all joints shall be provided with dowel bars and sleeves. The liner shall be 4 feet wide except on the south dikes, where is shall be 5 feet wide.

19. REHABILITATION OF SECONDARY PONDS 19.1 The secondary ponds shall be rehabilitated by: installing a bypass line to divert

flow from the ponds, draining the ponds using existing valves, and possibly pumping; repairing the dike interior to a 3:1 slope; installing a four (4) foot concrete liner at the water line of the dike interior; and installing aerators. Unit prices are included in the Proposal for all these items of work.

20. BYPASS PUMPING 20.1 The Contractor may need to provide bypass pumping around certain units in

order to keep the plant operating. The item only includes moving the existing wastewater flow through the plant and does not include draining work areas, including the four ponds, for the Contractor’s convenience.

21. STORMWATER PERMITTING AND MONITORING 21.1 The Contractor shall obtain a Storm Water Permit from ADEM in his name, and

shall be fully responsible for compliance with the Permit. An allowance is provided to pay for obtaining the Permit. The Contractor shall hire a qualified Stormwater Professional to apply for the permit and to provide all the required monitoring. This Stormwater Professional shall be approved by the Engineer and Owner. The Contractor shall use the Allowance in the Proposal for payment of these costs.

22. CONCLUSION

22.1 The technical specifications, together with the plans are intended to provide the Owner with a complete and workable system for the amount bid in the Proposal. These prices shall therefore include all minor items which are not specified in detail but which would normally be provided, such as auxiliary piping, unions, fittings, and other small accessories. 22.2 The foregoing clause is intended to cover minor items. Any bidder or

manufacturer of equipment who should discover a major omission in the plans and specifications is requested to so notify the Engineer before bids are received in order that a suitable addendum may be issued. Failure to notify the engineer may waive the contractor’s claim to additional compensation.

END OF SECTION




GOODWYN, MILLS & CAWOOD, INC. GEOTECHNICAL DATA GMC PROJECT NO. CMGM170037 01 81 00 - 1 of 2

SECTION 01 81 00 – GEOTECHNICAL DATA

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Report of explorations and tests of subsurface conditions at the site.

1.2 RELATED SECTION

A. Section 31 20 00 – Earth Moving

B. Section 31 23 19 – Dewatering

C. Section 31 50 00 – Excavation Support and Protection

1.3 INVESTIGATION

A. Soil and subsurface investigations were conducted at the site, the results of which are to be found in the Report of Geotechnical Exploration issued by Goodwyn, Mills, & Cawood, Inc. (GMC), dated August 20, 2018, GMC Project Number CMGM170037, in Appendix A.

B. Bidders are urged to examine soils investigation data and to make their own investigation of the site before bidding.

C. Boring results are included in the plans.

1.4 INTERPRETATION

A. Soil investigation data is provided only for information and the convenience of bidders.

B. Owner and Engineer disclaim responsibility for interpretations of geotechnical data by bidders, as in projecting soil-bearing values, rock profiles, soil stability and the presence, level, and extent of underground water.

C. Bidders are urged to examine the GMC Geotechnical Report that addresses the purpose, basis, and warranties relevant to that report.

D. Owner and Engineer disclaim all responsibility for the existence of other soil and subsurface investigations previously prepared for Owner, Engineer, or others. It is the sole responsibility of the Bidder to obtain other soil and subsurface investigations that may be available for interpretation, at no additional cost to the Owner.


GOODWYN, MILLS & CAWOOD, INC. GEOTECHNICAL DATA GMC PROJECT NO. CMGM170037 01 81 00 - 2 of 2


PART 3 - EXECUTION (NOT USED)



GOODWYN, MILLS & CAWOOD, INC. SELECTIVE DEMOLITION GMC PROJECT NO. CMGM170037 02 41 19 - 1 of 6

SECTION 02 41 19 - SELECTIVE DEMOLITION

PART 1 - GENERAL


A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY


1. Demolition and removal of selected portions of building or structure 2. Demolition and removal of selected site elements 3. Salvage of existing items to be reused or recycled 4. Protecting existing work to remain 5. Cleaning soled materials that are to remain 6. Disconnecting and capping utilities 7. Removing debris and equipment 8. Removal of items indicated on Drawings 9. Salvageable items to be retained by the Owner as indicated on the Drawings and during

pre-construction meeting.


1. Section 01 10 00 – Summary, for restrictions on use of the premises, Owner-occupancy requirements, and phasing requirements.

1.3 DEFINITIONS

A. Remove: Detach items from existing construction and dispose of them off-site unless indicated to be salvaged or reinstalled.

B. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage, and deliver to Owner ready for reuse.

C. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated.

D. Demolish: To forcefully tear down or take apart a structure.

1.4 MATERIALS OWNERSHIP

A. Unless otherwise indicated, demolition waste becomes property of Contractor.



B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner.

1. Carefully salvage in a manner to prevent damage and promptly return to Owner.

1.5 FIELD CONDITIONS

A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted.

B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

C. Notify Engineer of discrepancies between existing conditions and Drawings before proceeding with selective demolition.

D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.

1. If suspected hazardous materials are encountered, do not disturb; immediately notify Engineer and Owner. Hazardous materials will be removed by Owner under a separate contract.

E. Storage or sale of removed items or materials on-site is not permitted.

F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations.

1.6 WARRANTY

A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials and using approved contractors so as not to void existing warranties. Notify warrantor before proceeding.

B. Notify warrantor on completion of selective demolition, and obtain documentation verifying that existing system has been inspected and warranty remains in effect. Submit documentation at Project closeout.

1.7 COORDINATION

A. Arrange selective demolition schedule so as not to interfere with Owner's operations.



PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ASSE A10.6 and NFPA 241.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that utilities have been disconnected and capped before starting selective demolition operations.

B. Review Project Record Documents of existing construction or other existing condition and hazardous material information provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in Project Record Documents.

C. Perform an engineering survey of condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective building demolition operations.

1. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities.

D. Steel Tendons: Locate tensioned steel tendons and include recommendations for de-tensioning.

E. Verify that hazardous materials have been remediated before proceeding with building demolition operations.

3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS

A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage.

B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off utility services and mechanical/electrical systems serving areas to be selectively demolished.

1. Owner will arrange to shut off indicated services/systems when requested by Contractor. 2. Arrange to shut off utilities with utility companies. 3. If services/systems are required to be removed, relocated, or abandoned, provide

temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building.



4. Disconnect, demolish, and remove fire-suppression systems, plumbing, and HVAC systems, equipment, and components indicated on Drawings to be removed.

a. Piping to Be Removed: Remove portion of piping indicated to be removed and cap or plug remaining piping with same or compatible piping material.

b. Piping to Be Abandoned in Place: Drain piping and cap or plug piping with same or compatible piping material and leave in place.

c. Equipment to Be Removed: Disconnect and cap services and remove equipment. d. Equipment to Be Removed and Reinstalled: Disconnect and cap services and

remove, clean, and store equipment; when appropriate, reinstall, reconnect, and make equipment operational.

e. Equipment to Be Removed and Salvaged: Disconnect and cap services and remove equipment and deliver to Owner.

3.3 PROTECTION

A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building.

2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas.

3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations.

B. Temporary Shoring: Design, provide, and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.

1. Strengthen or add new supports when required during progress of selective demolition.

C. Remove temporary barricades and protections where hazards no longer exist.

3.4 SELECTIVE DEMOLITION, GENERAL

A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows:

1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain.

2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.



3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame-cutting operations.

4. Maintain fire watch during and for at least two hours after flame-cutting operations. 5. Maintain adequate ventilation when using cutting torches. 6. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and

promptly dispose of off-site. 7. Remove structural framing members and lower to ground by method suitable to avoid

free fall and to prevent ground impact or dust generation. 8. Locate selective demolition equipment and remove debris and materials so as not to

impose excessive loads on supporting walls, floors, or framing. 9. Dispose of demolished items and materials promptly.

B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

C. Work in Historic Areas: Selective demolition may be performed only in areas of Project that are not designated as historic. In historic spaces, areas, and rooms, or on historic surfaces, the terms "demolish" or "remove" shall mean historic "removal" or "dismantling."

D. Removed and Salvaged Items:

1. Clean salvaged items. 2. Pack or crate items after cleaning. Identify contents of containers. 3. Store items in a secure area until delivery to Owner. 4. Transport items to Owner's storage area designated by Owner. 5. Protect items from damage during transport and storage.

E. Removed and Reinstalled Items:

1. Clean and repair items to functional condition adequate for intended reuse. 2. Pack or crate items after cleaning and repairing. Identify contents of containers. 3. Protect items from damage during transport and storage. 4. Reinstall items in locations indicated. Comply with installation requirements for new

materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated.

F. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Engineer, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete.

3.5 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS

A. Concrete: Demolish in small sections. Using power-driven saw, cut concrete to a depth of at least 3/4 inch at junctures with construction to remain. Dislodge concrete from reinforcement at perimeter of areas being demolished, cut reinforcement, and then remove remainder of concrete. Neatly trim openings to dimensions indicated.



B. Concrete: Demolish in sections. Cut concrete full depth at junctures with construction to remain and at regular intervals using power-driven saw, and then remove concrete between saw cuts.

C. Concrete Slabs-on-Grade: Saw-cut perimeter of area to be demolished, and then break up and remove.

3.6 DISPOSAL OF DEMOLISHED MATERIALS

A. Remove demolition waste materials from Project site [and dispose of them in an EPA-approved construction and demolition waste landfill acceptable to authorities having jurisdiction and/or recycle or dispose of them.

1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces

and areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that

will convey debris to grade level in a controlled descent.

B. Burning: Do not burn demolished materials.

3.7 CLEANING

A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.



GOODWYN, MILLS & CAWOOD, INC. ANCHORAGE IN CONCRETE GMC PROJECT NO. CMGM170037 03 20 00 - 1 of 3

SECTION 03 20 00 – ANCHORAGE IN CONCRETE

PART 1 - GENERAL

1.1 SUMMARY

A. This section includes the requirements for cast-in-place, mechanical, and adhesive anchors for concrete.




1. Section 03 30 00 – Cast-in-Place Concrete 2. Division 26 – Electrical 3. Division 43 – Process Gas and Liquid Handling, Purification and Storage Equipment 4. Division 46 – Water and Wastewater Equipment

1.3 SUBMITTALS

A. Submit product information to the Engineer for approval in accordance with Section 013300.

PART 2 - PRODUCTS

2.1 WEDGE TYPE ANCHORS

A. Anchors shall feature a stainless-steel split expansion ring; a threaded stud body; and integral cone expander, nut and washer.

B. Anchor bodies smaller than 3/4 inch, excluding countersunk anchors, shall be made from AISI 316 and shall have the following minimum bolt fracture loads:

Anchor Diameter (in.) Minimum Fracture Load (lb)

1/4 2,900 3/8 7,200 1/2 12,400 5/8 21,900



2.2 Anchor bodies 3/4 inch and larger, and all stainless-steel post nut anchor bodies, shall be made from AISI 316 stainless steel and shall have the following minimum mechanical properties:

Anchor Diameter (in.) Min. Tensile Strength (ksi) Min. Yield Strength (ksi)

≤5/8 90 76 ≥3/4 76 64

A. All nuts shall meet the dimensional requirements of ASTM F 594.

B. Washers shall meet the dimensional requirements of ANSI B18.22.1, Type A, plain.

C. Expansion sleeve for anchors shall be made from AISI 316. All nuts and washers shall be made from AISI 316.

D. Anchor size and depth shall be as shown on drawings.

E. Manufacturers:

1. Trubolt as manufactured by ITW-Redhead, Inc. 2. Kwik Bolt 3 as manufactured by Hilti, Inc. 3. Or equal

2.3 ADHESIVE ANCHOR SYSTEM

A. Adhesive anchor system shall consist of an injectable two-part epoxy.

B. Application system shall be in accordance with manufacturer’s recommendations. System shall keep the two components separated until application of product directly into drilled hole.

C. System shall thoroughly blend the two parts by means of a static mixer nozzle.

D. Injection adhesive shall be formulated to include resin and hardener to provide optimal curing speed as well as high strength and stiffness.

E. Anchor rods shall be as shown on drawings or as specified in other sections of these specifications.

1. Anchor rods shall be furnished with chamfered ends so that either end will accept a nut and washer.

2. Alternately, anchor rods shall be furnished with a 45° chisel point on one end to allow for easy insertion into the adhesive-filled hole.

F. Nuts and washers shall be provided for anchor rods in the same material as the anchor rod.

G. Manufactures

1. HIT RE 500 Epoxy Adhesive Anchor as manufactured by Hilti, Inc. 2. G5 Adhesive Anchoring System as manufactured by ITW-Redhead, Inc.



3. Or equal

2.4 CAST-IN-PLACE ANCHORS BOLTS

A. Cast-in-place anchors shall be made of corrosion resistant material in accordance with the dimensions shown on drawings.

1. As a minimum, provide A36 steel cast-in-place anchors. 2. If anchor bolt size is not shown on drawings, Contractor shall provide anchors capable of

providing four (4) times the load applied to the bolt.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Layout anchors before drilling into concrete to ensure proper placement. Following manufacturer’s recommendation for spacing of anchors. Notify Engineer of conflicts between existing conditions and requirements by manufacturer.

B. Install anchors per manufacturer’s recommendations.

C. Embedment length shall be per manufacturer’s recommendations for load conditions.

D. Check all equipment anchors after equipment has operated. Retighten any loose anchors.




GOODWYN, MILLS & CAWOOD, INC. CAST-IN-PLACE CONCRETE GMC PROJECT NO. CMGM170037 03 30 00 - 1 of 25

SECTION 03 30 00 - CAST-IN-PLACE CONCRETE

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes cast-in-place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes.


1. Section 03 39 00 – Concrete Curing 2. Division 31 – Earthwork

1.3 DEFINITIONS

A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash, slag cement, other pozzolans, and silica fume; materials subject to compliance with requirements.

B. W/C Ratio: The ratio by weight of water to cementitious materials.


A. Product Data: For each type of product.

B. Design Mixtures: For each concrete mixture. Submit alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.

1. Indicate amounts of mixing water to be withheld for later addition at Project site.

C. Steel Reinforcement Shop Drawings: Placing Drawings that detail fabrication, bending, and placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement.

D. Construction Joint Layout: Indicate proposed construction joints required to construct the structure.

1. Location of construction joints is subject to approval of the Engineer.




A. Qualification Data: For Installer and testing agency.

B. Material Certificates: For each of the following, signed by manufacturers:

1. Cementitious materials 2. Admixtures 3. Form materials and form-release agents 4. Steel reinforcement and accessories 5. Waterstops 6. Curing compounds 7. Floor and slab treatments 8. Bonding agents 9. Adhesives 10. Vapor retarders 11. Semi-rigid joint filler 12. Joint-filler strips 13. Repair materials

C. Material Test Reports: From a qualified testing agency.

D. Floor surface flatness and levelness measurements indicating compliance with specified tolerances.

E. Field quality-control reports


A. Installer Qualifications: A qualified installer who employs on Project personnel qualified as ACI-certified Flatwork Technician and Finisher and a supervisor who is an ACI-certified Concrete Flatwork Technician.

B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94 requirements for production facilities and equipment.

1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete Production Facilities."

C. Testing Agency Qualifications: Acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated.

1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program.

2. Personnel performing laboratory tests shall be ACI-certified Concrete Strength Testing Technician and Concrete Laboratory Testing Technician, Grade I. Testing agency laboratory supervisor shall be an ACI-certified Concrete Laboratory Testing Technician, Grade II.



1.7 DELIVERY, STORAGE, AND HANDLING

A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage. Avoid damaging coatings on steel reinforcement.

B. Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other contaminants.


A. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.

1. When average high and low temperature is expected to fall below 40 deg F for three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301.

2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials.

3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs.

B. Hot-Weather Placement: Comply with ACI 301 and as follows:

1. Maintain average concrete temperature below 90 deg F at time of placement. Maximum concrete temperature at time of placement shall be 95 deg F. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.

2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas.

PART 2 - PRODUCTS

2.1 CONCRETE, GENERAL

A. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents:

1. ACI 301 2. ACI 117 3. ACI 350 4. ACI 308



2.2 FORM-FACING MATERIALS

A. Smooth-Formed Finished Concrete: Form-facing panels that provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints.

1. Plywood, metal, or other approved panel materials. 2. Exterior-grade plywood panels, suitable for concrete forms, complying with DOC PS 1,

and as follows:

a. High-density overlay, Class 1 or better. b. B-B (Concrete Form), Class 1 or better; mill oiled and edge sealed.

3. Overlaid Finnish birch plywood.

B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit.

C. Forms for Cylindrical Columns, Pedestals, and Supports: Metal, glass-fiber-reinforced plastic, paper, or fiber tubes that produce surfaces with gradual or abrupt irregularities not exceeding specified formwork surface class. Provide units with sufficient wall thickness to resist plastic concrete loads without detrimental deformation.

D. Pan-Type Forms: Glass-fiber-reinforced plastic or formed steel, stiffened to resist plastic concrete loads without detrimental deformation.

E. Void (Carton) Forms: Biodegradable paper surface, treated for moisture resistance, structurally sufficient to support weight of plastic concrete and other superimposed loads.

F. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum.

G. Rustication Strips: Wood, metal, PVC, or rubber strips, kerfed for ease of form removal.

H. Form-Release Agent: Commercially formulated (maximum VOC content of 350 mg/L) form-release agent that does not bond with, stain, or adversely affect concrete surfaces and does not impair subsequent treatments of concrete surfaces.

1. Formulate form-release agent with rust inhibitor for steel form-facing materials.

I. Form Ties: Factory-fabricated, removable or snap-off glass-fiber-reinforced plastic or metal form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal.

1. Furnish ties that, when removed, leave holes no larger than 1 inch in diameter in concrete surface.

2.3 STEEL REINFORCEMENT

A. Reinforcing Bars: ASTM A 615, Grade 60, deformed.



B. Steel Bar Mats: ASTM A 184, fabricated from ASTM A 615, Grade 60, deformed bars, assembled with clips.

C. Plain-Steel Wire: ASTM A 1064, as drawn.

D. Deformed-Steel Wire: ASTM A 1064

E. Plain-Steel Welded-Wire Reinforcement: ASTM A 1064, plain, fabricated from as-drawn steel wire into flat sheets.

F. Deformed-Steel Welded-Wire Reinforcement: ASTM A 1064, flat sheet.

G. Galvanized-Steel Welded-Wire Reinforcement: ASTM A 1064, plain, fabricated from galvanized-steel wire into flat sheets.

2.4 REINFORCEMENT ACCESSORIES

A. Joint Dowel Bars: ASTM A 615, Grade 60, plain-steel bars, cut true to length with ends square and free of burrs.

B. Zinc Repair Material: ASTM A 780

C. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded-wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows:

1. For concrete surfaces exposed to view, where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected steel wire or CRSI Class 2 stainless-steel bar supports.

2. For slabs-on-grade, use supports with sand plates or horizontal runners where base material will not support chair legs.

2.5 CONCRETE MATERIALS

A. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer.

B. Cementitious Materials:

1. Portland Cement: ASTM C 150, Type I or Type II

a. The cement shall be low alkali, less than 0.60 percent. All cement used in concrete that will be in contact with wastewater shall have a tricalcium aluminate (Ca3Al2O6) content of less than 8 percent.

b. Use one brand of cement throughout the Project unless otherwise acceptable to the Engineer.

2. Fly Ash: ASTM C 618, Class F or C.



C. Normal-Weight Aggregates: ASTM C 33, coarse aggregate or better, graded. Provide aggregates from a single source with documented service record data of at least 10 years' satisfactory service in similar applications and service conditions using similar aggregates and cementitious materials. Normal weight river gravel and natural sand are acceptable for use as aggregate materials in concrete. All normal weight aggregates shall conform to ASTM C33.

1. Maximum Coarse-Aggregate Size: 1-1/2 inches nominal.

D. Lightweight Aggregate: ASTM C 330, 1-inch nominal maximum aggregate size.

E. Air-Entraining Admixture: ASTM C 260.

F. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride.

1. Water-Reducing Admixture: ASTM C 494, Type A. 2. Retarding Admixture: ASTM C 494, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017, Type II.

G. Water: ASTM C 94 and potable.

2.6 FIBER REINFORCEMENT

A. Synthetic Micro-Fiber: Monofilament polypropylene micro-fibers engineered and designed for use in concrete, complying with ASTM C 1116, Type III, 1/2 to 1-1/2 inches long.

B. Synthetic Micro-Fiber: Fibrillated polypropylene micro-fibers engineered and designed for use in concrete, complying with ASTM C 1116, Type III, 1/2 to 1-1/2 inches long.

2.7 WATERSTOPS

A. Flexible Rubber Waterstops: CE CRD-C 513, for embedding in concrete to prevent passage of fluids through joints. Factory fabricated corners, intersections, and directional changes.

1. Manufacturers: Subject to compliance with requirements, provide products by the following:

a. Sika Greenstreak b. Williams Products, Inc. c. JP Specialties, Inc. d. OR Equal

2. Profile: Ribbed with center bulb and/or Ribbed without center bulb.

3. Dimensions: 6 inches by 3/8 inch thick; nontapered.

http://www.specagent.com/Lookup?ulid=11012



B. Flexible PVC Waterstops: CE CRD-C 572, for embedding in concrete to prevent passage of fluids through joints. Factory fabricated corners, intersections, and directional changes.

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

a. BoMetals, Inc. b. Sika Greenstreak. c. JP Specialties, Inc. d. OR Equal

2. Profile: Ribbed with center bulb and/or Ribbed without center bulb.

3. Dimensions: 6 inches by 3/8 inch thick; nontapered.

C. Self-Expanding Butyl Strip Waterstops: Manufactured rectangular or trapezoidal strip, butyl rubber with sodium bentonite or other hydrophilic polymers, for adhesive bonding to concrete, 3/4 by 1 inch.


a. Barrier-Bac; Inteplast Group, Ltd. b. JP Specialties, Inc. c. Sika Greenstreak. d. OR Equal.

D. Self-Expanding Rubber Strip Waterstops: Manufactured rectangular or trapezoidal strip, bentonite-free hydrophilic polymer-modified chloroprene rubber, for adhesive bonding to concrete, 3/8 by 3/4 inch.


a. Adeka Ultra Seal/OCM, Inc. b. Sika Greenstreak. c. OR Equal.

2.8 VAPOR RETARDERS

A. Sheet Vapor Retarder: Polyethylene sheet, ASTM D 4397, not less than 10 mils thick.

2.9 CURING MATERIALS

A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete.



http://www.specagent.com/Lookup?uid=123456999178












a. BASF Corporation; Construction Systems. b. Euclid Chemical Company (The); an RPM company. c. Kaufman Products, Inc. d. Sika Corporation. e. SpecChem, LLC. f. OR Equal

B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. when dry.

C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.

D. Water: Potable

E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating.


a. BASF Corporation; Construction Systems. b. Euclid Chemical Company (The); an RPM company. c. W. R. Meadows, Inc.

F. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, nondissipating, certified by curing compound manufacturer to not interfere with bonding of floor covering.


a. BASF Corporation; Construction Systems. b. Euclid Chemical Company (The); an RPM company. c. L&M Construction Chemicals, Inc. d. TK Products.

G. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, 18 to 25 percent solids, nondissipating, certified by curing compound manufacturer to not interfere with bonding of floor covering.


a. BASF Corporation; Construction Systems. b. Dayton Superior. c. Euclid Chemical Company (The); an RPM company. d. L&M Construction Chemicals, Inc. e. W. R. Meadows, Inc.

H. Clear, Solvent-Borne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A.
























a. BASF Corporation; Construction Systems. b. Dayton Superior. c. Euclid Chemical Company (The); an RPM company. d. L&M Construction Chemicals, Inc. e. W. R. Meadows, Inc.

I. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A.


a. Dayton Superior. b. Euclid Chemical Company (The); an RPM company. c. L&M Construction Chemicals, Inc. d. W. R. Meadows, Inc.

2.10 RELATED MATERIALS

A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber.

B. Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a Type A shore durometer hardness of 80 according to ASTM D 2240.

C. Bonding Agent: ASTM C 1059, Type II, nonredispersible, acrylic emulsion or styrene butadiene.

D. Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid curing and bonding to damp surfaces, of class suitable for application temperature and of grade to suit requirements, and as follows:

1. Types I and II, nonload bearing or Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete.

E. Reglets: Fabricate reglets of not less than 0.022-inch-thick, galvanized-steel sheet. Temporarily fill or cover face opening of reglet to prevent intrusion of concrete or debris.

F. Dovetail Anchor Slots: Hot-dip galvanized-steel sheet, not less than 0.034 inch thick, with bent tab anchors. Temporarily fill or cover face opening of slots to prevent intrusion of concrete or debris.

2.11 REPAIR MATERIALS

A. Repair Overlayment: Cement-based, polymer-modified, self-leveling product that can be applied in thicknesses from 1/4 inch and that can be filled in over a scarified surface to match adjacent floor elevations.














1. Cement Binder: ASTM C 150, portland cement or hydraulic or blended hydraulic cement as defined in ASTM C 219.

2. Primer: Product of topping manufacturer recommended for substrate, conditions, and application.

3. Aggregate: Well-graded, washed gravel, 1/8 to 1/4 inch or coarse sand as recommended by topping manufacturer.

4. Compressive Strength: Not less than 5000 psi at 28 days when tested according to ASTM C 109.

2.12 CONCRETE MIXTURES, GENERAL

A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301.

1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based on laboratory trial mixtures.

B. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows:

1. Fly Ash: 25 percent. 2. Combined Fly Ash and Pozzolan: 25 percent. 3. Slag Cement: 50 percent. 4. Combined Fly Ash or Pozzolan and Slag Cement: 50 percent portland cement minimum,

with fly ash or pozzolan not exceeding 25 percent. 5. Silica Fume: 10 percent. 6. Combined Fly Ash, Pozzolans, and Silica Fume: 35 percent with fly ash or pozzolans not

exceeding 25 percent and silica fume not exceeding 10 percent. 7. Combined Fly Ash or Pozzolans, Slag Cement, and Silica Fume: 50 percent with fly ash

or pozzolans not exceeding 25 percent and silica fume not exceeding 10 percent.

C. Limit water-soluble, chloride-ion content in hardened concrete to 0.10 percent by weight of cement.

D. Admixtures: Use admixtures according to manufacturer's written instructions.

1. Use water-reducing, high-range water-reducing or plasticizing admixture in concrete, as required, for placement and workability.

2. Use water-reducing and -retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions.

3. Use water-reducing admixture in pumped concrete, concrete for heavy-use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a w/c ratio below 0.50.

2.13 CONCRETE MIXTURES FOR BUILDING ELEMENTS

A. Footings: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days.



2. Maximum W/C Ratio: 0.55. 3. Slump Limit: 3 inches. 8 inches for concrete with verified slump of 2 to 4 inches before

adding high-range water-reducing admixture or plasticizing admixture, plus or minus 1 inch.

4. Air Content: 5.5 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch nominal maximum aggregate size.

5. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch nominal maximum aggregate size.

B. Foundation Walls: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.50 3. Slump Limit: 3 inches. 8 inches for concrete with verified slump of 2 to 4 inches before

adding high-range water-reducing admixture or plasticizing admixture plus or minus 1 inch.


5. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch nominal maximum aggregate size.

C. Slabs-on-Grade: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.50 3. Minimum Cementitious Materials Content: 470 lb/cu. yd. 4. Slump Limit: 3 inches, plus or minus 1 inch. 5. Air Content: 5.5 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch

nominal maximum aggregate size. 6. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1-inch nominal

maximum aggregate size. 7. Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent. 8. Maximum W/C Ratio: 0.50.

D. Suspended Slabs: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.50. 3. Minimum Cementitious Materials Content: 470 lb/cu. yd. 4. Slump Limit: 3 inches, plus or minus 1 inch. 5. Air Content: 4 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch

nominal maximum aggregate size. 6. Air Content: 4.5 percent, plus or minus 1.5 percent at point of delivery for 1-inch

nominal maximum aggregate size. 7. Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent. 8. Maximum W/C Ratio: 0.50.

E. Water Retaining Structures

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.45.



3. Minimum Cementitious Materials Content: 535 lb/cu. yd. 4. Slump Limit: 4 inches, plus or minus 1 inch. 5. Air Content: 4.5 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch

nominal maximum aggregate size. 6. Air Content: 4.5 percent, plus or minus 1.5 percent at point of delivery for 1-inch nominal

maximum aggregate size.

F. Concrete Toppings: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Minimum Cementitious Materials Content: 600 lb/cu. yd. 3. Slump Limit: 3 inches, plus or minus 1 inch. 4. Air Content: 5.5 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch

nominal maximum aggregate size. 5. Air Content: Do not allow air content of trowel-finished toppings to exceed 3 percent. 6. Steel-Fiber Reinforcement: Add to concrete mixture, according to manufacturer's written

instructions, at a rate of 50 lb/cu. yd. 7. Synthetic Micro-Fiber: Uniformly disperse in concrete mixture at manufacturer's

recommended rate, but not less than a rate of 1.5 lb/cu. yd.

G. Building Frame Members: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.50. 3. Slump Limit: 4 inches. 8 inches for concrete with verified slump of 2 to 4 inches before



H. Building Walls: Normal-weight concrete

1. Minimum Compressive Strength: As indicated in Structural General Notes at 28 days. 2. Maximum W/C Ratio: 0.50. 3. Slump Limit: 4 inches. 8 inches for concrete with verified slump of 2 to 4 inches before



2.14 FABRICATING REINFORCEMENT

A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."

2.15 CONCRETE MIXING

A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94 and ASTM C 1116, and furnish batch ticket information.



1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes.

B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer.

1. For mixer capacity of 1 cu. yd. or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released.

2. For mixer capacity larger than 1 cu. yd., increase mixing time by 15 seconds for each additional 1 cu. yd.

3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mixture type, mixture time, quantity, and amount of water added. Record approximate location of final deposit in structure.

PART 3 - EXECUTION

3.1 FORMWORK INSTALLATION

A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads.

B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117.

C. Limit concrete surface irregularities, designated by ACI 347 as abrupt or gradual, as follows:

1. Class A, 1/8 inch for smooth-formed finished surfaces. 2. Class B, 1/4 inch for rough-formed finished surfaces.

D. Construct forms tight enough to prevent loss of concrete mortar.

E. Construct forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast-concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical.

1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material.

F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds.

G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.

H. Chamfer exterior corners and edges of permanently exposed concrete.



I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items.

J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete.

K. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment.

L. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions, before placing reinforcement.

3.2 EMBEDDED ITEM INSTALLATION

A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

1. Install anchor rods, accurately located, to elevations required and complying with tolerances in Section 7.5 of AISC 303.

3.3 REMOVING AND REUSING FORMS

A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F for 48 hours after placing concrete with a 72 hour pour back for adjacent pours. Concrete has to be hard enough to not be damaged by form-removal operations, and curing and protection operations need to be maintained.

1. Leave formwork for beam soffits, joists, slabs, and other structural elements that support weight of concrete in place until concrete has achieved at least 70 percent of its 28-day design compressive strength.

2. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores.

B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form-facing material are not acceptable for exposed surfaces. Apply new form-release agent.

C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Engineer.

3.4 SHORING AND RESHORING INSTALLATION

A. Comply with ACI 318 and ACI 301 for design, installation, and removal of shoring and reshoring.



1. Do not remove shoring or reshoring until measurement of slab tolerances is complete.

B. In multistory construction, extend shoring or reshoring over a sufficient number of stories to distribute loads in such a manner that no floor or member will be excessively loaded or will induce tensile stress in concrete members without sufficient steel reinforcement.

C. Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and provide adequate reshoring to support construction without excessive stress or deflection.

3.5 VAPOR-RETARDER INSTALLATION

A. Sheet Vapor Retarders: Place, protect, and repair sheet vapor retarder according to ASTM E 1643 and manufacturer's written instructions.

1. Lap joints 6 inches and seal with manufacturer's recommended tape.

B. Bituminous Vapor Retarders: Place, protect, and repair bituminous vapor retarder according to manufacturer's written instructions.

3.6 STEEL REINFORCEMENT INSTALLATION

A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement.

1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete.

B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that reduce bond to concrete.

C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars.

D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.

E. Install welded-wire reinforcement in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.

3.7 JOINTS

A. General: Construct joints true to line with faces perpendicular to surface plane of concrete.

B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Engineer.



1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs.

2. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 3. Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset

joints in girders a minimum distance of twice the beam width from a beam-girder intersection.

4. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs.

5. Space vertical joints in walls as indicated on Contractor’s submitted and approved construction joint layout. Locate joints beside piers integral with walls, near corners, and in concealed locations where possible.

6. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces.

C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness as follows:

1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces.

2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into concrete as soon as cutting action does not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks.

D. Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated.

1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface unless otherwise indicated.

2. Install joint-filler strips in lengths as long as practicable. Where more than one length is required, lace or clip sections together.

E. Doweled Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt coat one-half of dowel length to prevent concrete bonding to one side of joint.

3.8 WATERSTOP INSTALLATION

A. Flexible Waterstops: Install in construction joints and at other joints indicated to form a continuous diaphragm. Install in longest lengths practicable. Support and protect exposed waterstops during progress of the Work. Field fabricated joints in waterstops according to manufacturer's written instructions.



3.9 CONCRETE PLACEMENT

A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections are completed.

B. Do not add water to concrete during delivery, at Project site, or during placement unless approved by Engineer.

C. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301.

1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture.

D. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete is placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation.

1. Deposit concrete in horizontal layers of depth not to exceed formwork design pressures and in a manner to avoid inclined construction joints.

2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators

vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate.

E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete.

1. Consolidate concrete during placement operations, so concrete is thoroughly worked around reinforcement and other embedded items and into corners.

2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured

surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations.

3.10 FINISHING FORMED SURFACES

A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. N/A.



B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities.

1. Apply to concrete surfaces exposed not exposed to public view.

C. Rubbed Finish: Apply the following to smooth-formed-finished as-cast concrete where indicated:

1. Smooth-Rubbed Finish: Apply to the top of exposed concrete walls and the outside exposed face to 1' below grade on all new concrete structures and new concrete additions.

D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated.

3.11 FINISHING FLOORS AND SLABS

A. General: Comply with ACI 302.1R recommendations for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces.

B. Trowel Finish: After applying float finish, apply first troweling and consolidate concrete by hand or power-driven trowel. Continue troweling passes and restraighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings.

1. Apply a trowel finish to surfaces exposed to view or to be covered with resilient flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin-film-finish coating system.

2. Finish surfaces to the following tolerances, according to ASTM E 1155, for a randomly trafficked floor surface:

a. Specified overall values of flatness, F(F) 35; and of levelness, F(L) 25; with minimum local values of flatness, F(F) 24; and of levelness, F(L) 17; for slabs-on-grade.

b. Specified overall values of flatness, F(F) 30; and of levelness, F(L) 20; with minimum local values of flatness, F(F) 24; and of levelness, F(L) 15; for suspended slabs.

C. Trowel and Fine-Broom Finish: Apply a first trowel finish to surfaces where ceramic or quarry tile is to be installed by either thickset or thinset method. While concrete is still plastic, slightly scarify surface with a fine broom.

1. Comply with flatness and levelness tolerances for trowel-finished floor surfaces.

D. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and elsewhere as indicated.



1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. Coordinate required final finish with Engineer before application.

3.12 MISCELLANEOUS CONCRETE ITEM INSTALLATION

A. Filling In: Fill in holes and openings left in concrete structures after work of other trades is in place unless otherwise indicated. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work.

B. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by steel-troweling surfaces to a hard, dense finish with corners, intersections, and terminations slightly rounded.

C. Equipment Bases and Foundations:

1. Coordinate sizes and locations of concrete bases with actual equipment provided. 2. Construct concrete bases 6 inches high unless otherwise indicated, and extend base not

less than 6 inches in each direction beyond the maximum dimensions of supported equipment unless otherwise indicated or unless required for seismic anchor support.

3. Minimum Compressive Strength: 4000 psi at 28 days. 4. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated,

install dowel rods on 18-inch centers around the full perimeter of concrete base. 5. For supported equipment, install epoxy-coated anchor bolts that extend through concrete

base and anchor into structural concrete substrate. 6. Prior to pouring concrete, place and secure anchorage devices. Use setting drawings,

templates, diagrams, instructions, and directions furnished with items to be embedded. 7. Cast anchor-bolt insert into bases. Install anchor bolts to elevations required for proper

attachment to supported equipment.

D. Steel Pan Stairs: Provide concrete fill for steel pan stair treads, landings, and associated items. Cast-in inserts and accessories as shown on Drawings. Screed, tamp, and trowel finish concrete surfaces.

3.13 CONCRETE PROTECTING AND CURING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing.

B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after



loosening forms. If removing forms before end of curing period, continue curing for remainder of curing period.

D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces.

E. Cure concrete according to ACI 308.1, by one or a combination of the following methods:

1. Moisture Curing: Required for all water retaining structures. Keep surfaces continuously moist for not less than seven days with the following materials:

a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete

surfaces and edges with 12-inch lap over adjacent absorptive covers.

2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period, using cover material and waterproof tape.

a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor coverings.

b. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive penetrating liquid floor treatments.

c. Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or a curing compound that the manufacturer certifies does not interfere with bonding of floor covering used on Project.

3. Curing Compound: For non-liquid retaining structures and floors only. Comply with ASTM C171. Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period.

a. Removal: After curing period has elapsed, remove curing compound without damaging concrete surfaces by method recommended by curing compound manufacturer unless manufacturer certifies in writing that the curing compound does not interfere with bonding of floor covering used on Project.

4. Curing and Sealing Compound: For non-liquid retaining structures and floors only. Comply with ASTM C171. Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period.



3.14 JOINT FILLING

A. Prepare, clean, and install joint filler according to manufacturer's written instructions.

1. Defer joint filling until concrete has aged at least three (3) month(s). Do not fill joints until construction traffic has permanently ceased.

B. Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joints clean and dry.

C. Install semi-rigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed joints. Overfill joint and trim joint filler flush with top of joint after hardening.

3.15 WET TESTING

A. General

1. All new, water-retaining concrete structures shall be tested for water-tightness by the testing procedure described below, which is in accordance with ACI 350.1.

2. All testing work shall be performed by the Contractor in the presence of the Engineer. The Engineer shall be notified at least five (5) days in advance of the time at which testing will be performed.

B. Testing Water

1. Water for wet testing shall be furnished by the Contractor. The source of the water must be approved by the Engineer prior to filling of the structure. As a general rule, plant effluent water is acceptable for use as testing water; however, this must be confirmed by the Engineer.

2. Once testing is complete, testing water shall be disposed of in a manner acceptable to the Engineer and, unless otherwise permitted by the Engineer, shall not be allowed to enter other parts of the system.

C. Test Equipment

1. All temporary equipment needed for wet testing must be provided by the Contractor (e.g. connections between the structure to be tested and the water source, pumping equipment, metering devices, pressure or vacuum gauges, temporary flanges, valves, bulkheads, bracing, blocking, and other equipment that may be necessary to perform the testing).

2. All temporary equipment shall be removed upon satisfactory completion of wet testing.

D. Test Preparation

1. Unless otherwise specified, wet testing shall be performed after installation of pipe sleeves and before placement of backfill, cleaning, disinfection, installation of process equipment, or any other activities that would hinder visual inspection of the structure during the test.

2. Exposed concrete surfaces of the structure (including the floor) shall be cleaned of all foreign material and debris prior to the test. Standing water in or outside the structure that would interfere with the observation of the exposed concrete surfaces of the structure



shall be removed. The concrete surfaces and concrete joints shall be thoroughly inspected for potential points of leakage, and those areas shall be repaired prior to filling the structure with water.

3. Adjacent structures having common walls shall be tested individually at different times to allow examination of the dividing walls for leaks.

4. Pipe connections or openings to structures, if not provided with drip tight valves, shall be temporarily plugged during testing. Where slide gates, sluice gates or similar devices are located, the Contractor shall provide bulkheads or the means to make them drip tight, and shall measure any leakage.

5. Filling of the structure shall not begin before the designed compressive strength of all concrete elements of the structure has been reached or before fourteen (14) days after all concrete walls or base slabs have been placed.

E. Test Procedure

1. Soaking Period: Fill the unlined concrete structure to 1 foot above the maximum operating water surface level and maintain that water level for a minimum of 72 hours, to minimize absorption of water into the concrete during testing. Identify and repair all visible leaks during the soaking period.

2. Testing Period: At the end of this soaking period, once all leaks have been repaired and the water level brought back to the required elevation, the testing period shall begin. Mark the water level with a weight suspended from a string and measure its elevation with a surveyor’s level. Allow the structure to sit for a minimum of 48 hours. Following this period, identify and repair all visible leaks. Record and submit to the Engineer measurements of the water level at the beginning and end of the testing period.

3. Evaporation/Precipitation: During the testing period, suspend a bucket or pan in the structure and fill it halfway with testing water. Record and submit to the Engineer measurements of the water level at the beginning and end of the testing period, for use in accounting for any evaporation and precipitation that may have occurred during testing.

F. Leakage

1. Leakage requiring repair shall be defined as any moisture on the exterior surface of the structure, ranging from damp spots to dripping or trickling to shooting streams of water. All visible leakage is to be repaired even if magnitude is within allowable leakage.

2. Allowable leakage: For unlined tanks with a side-water depth of 25 feet or less, the net loss of water volume (including evaporation/precipitation) shall not exceed 0.1 percent in 24 hours.

G. Test Conclusion

1. If the leakage observed during testing (including evaporation/precipitation) is less than the allowable leakage, the structure shall be considered sufficiently water-tight. If it is greater than the allowable, the structure shall be drained, necessary repairs shall be made, and the structure shall be re-tested.

3.16 CONCRETE SURFACE REPAIRS

A. Defective Concrete: Repair and patch defective areas when approved by Engineer. Remove and replace concrete that cannot be repaired and patched to Engineer's approval.



B. Patching Mortar: Mix dry-pack patching mortar, consisting of 1 part Portland cement to 2-1/2 parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing.

C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning.

1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in any dimension to solid concrete. Limit cut depth to 3/4 inch. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent.

2. Repair defects on surfaces exposed to view by blending white Portland cement and standard Portland cement so that, when dry, patching mortar matches surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface.

3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Engineer.

D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template.

1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions.

2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing

operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete.

4. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations.

5. Repair defective areas, except random cracks and single holes 1 inch or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least a 3/4-inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mixture as original concrete, except without coarse aggregate. Place, compact, and finish blending with adjacent finished concrete. Cure in same manner as adjacent concrete.

6. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours.



E. Perform structural repairs of concrete, subject to Engineer’s approval, using epoxy adhesive and patching mortar.

F. Repair materials and installation not specified above may be used, subject to Engineer’s approval.

3.17 FIELD QUALITY CONTROL

A. Special Inspections: Owner will engage a qualified testing and inspecting agency to perform field tests and inspections and prepare test reports.

B. Testing Agency: Engage a qualified testing and inspecting agency to perform tests and inspections and to submit reports.

C. Inspections:

1. Steel reinforcement placement. 2. Steel reinforcement welding. 3. Headed bolts and studs. 4. Concrete placement, including conveying and depositing. 5. Curing procedures and maintenance of curing temperature.

D. Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements:

1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof.

a. When frequency of testing provides fewer than five compressive-strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

2. Slump: ASTM C 143; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete consistency appears to change.

3. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture.

4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below or 80 deg F and above, and one test for each composite sample.

5. Compression Test Specimens: ASTM C 31.

a. Cast and laboratory cure two sets of two standard cylinder specimens for each composite sample.

b. Cast and field cure two sets of two standard cylinder specimens for each composite sample.

6. Compressive-Strength Tests: ASTM C 39; test one set of two laboratory-cured specimens at 7 days and one set of two specimens at 28 days.



a. Test one set of two field-cured specimens at 7 days and one set of two specimens at 28 days.

b. A compressive-strength test shall be the average compressive strength from a set of two specimens obtained from same composite sample and tested at age indicated.

7. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete.

8. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi.

9. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

10. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Engineer but will not be used as sole basis for approval or rejection of concrete.

11. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Engineer. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as directed by Engineer.

12. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

13. Correct deficiencies in the Work that test reports and inspections indicate do not comply with the Contract Documents.

E. Measure floor and slab flatness and levelness according to ASTM E 1155 within 24 hours of finishing for laboratory and office buildings.

F. For floors required for sloping, the slope must be within 1/16” tolerances of that required in the plans.

3.18 PROTECTION OF LIQUID FLOOR TREATMENTS

A. Protect liquid floor treatment from damage and wear during the remainder of construction period. Use protective methods and materials, including temporary covering, recommended in writing by liquid floor treatments installer.




GOODWYN, MILLS & CAWOOD, INC. CONCRETE CURING GMC PROJECT NO. CMGM170037 03 39 00- 1 of 3

SECTION 03 39 00 - CONCRETE CURING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: Initial and final curing of horizontal and vertical concrete surfaces.


1. Section 03 30 00 - Cast-in-Place Concrete: Cast-in-place or in-situ concrete for structural building frames, slabs on fill or grade, and other concrete components associated with construction.

1.2 REFERENCE STANDARDS

A. American Concrete Institute:

1. ACI 301 - Specifications for Structural Concrete. 2. ACI 302.1 - Guide to Concrete Floor and Slab Construction. 3. ACI 308.1 - Specification for Curing Concrete. 4. ACI 318 - Building Code Requirements for Structural Concrete and Commentary. 5. ACI 350 – Code Requirements for Environmental Engineering Concrete Structures and

Commentary

B. ASTM International:

1. ASTM C171 - Standard Specification for Sheet Materials for Curing Concrete. 2. ASTM C309 - Standard Specification for Liquid Membrane-Forming Compounds for

Curing Concrete. 3. ASTM C1315 - Standard Specification for Liquid Membrane-Forming Compounds

Having Special Properties for Curing and Sealing Concrete. 4. ASTM D2103 - Standard Specification for Polyethylene Film and Sheeting.

1.3 SUBMITTALS

A. Section 01 33 00 - Submittal Procedures: Requirements for submittals.

B. Product Data: Submit manufacturer's information on curing compounds, mats, paper, and film, including compatibilities and limitations.

C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.


A. Perform Work according to ACI 350.



1.5 QUALIFICATIONS

A. Manufacturer: Company specializing in manufacturing products specified in this Section with minimum three years of documented experience.


A. Section 01 60 00 - Product Requirements: Requirements for transporting, handling, storing, and protecting products.

B. Inspection: Accept materials on Site in manufacturer's original packaging and inspect for damage.

C. Store materials according to manufacturer instructions.

D. Protection:

1. Protect materials from moisture and dust by storing in clean, dry location remote from construction operations areas.

2. Provide additional protection according to manufacturer instructions.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Membrane-Curing Compound:

1. Description: Comply with ASTM C171.

B. Water: Potable; not detrimental to concrete.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for application examination.

B. Verify that substrate surfaces are ready to be cured.

3.2 APPLICATION

A. Horizontal Surfaces:

1. Comply with ACI 308.1, using methods approved.



2. Absorptive Mat:

a. Saturate burlap-PE and place burlap-side down over floor slab areas. b. Lap ends and sides. c. Maintain in place for seven days.

3. Membrane-Curing Compound: Apply curing compound in one coat or two coats with second coat applied at right angles to first.

B. Vertical Surfaces:

1. Comply with ACI 308.1, using Water Absorbent Materials method. 2. Spraying: Spray water over surfaces and maintain wet for seven days. 3. Membrane-Curing Compound: Apply compound in two coats with second coat applied at

right angles to first.

3.3 PROTECTION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for protecting finished Work.

B. Do not permit traffic over unprotected floor surfaces.

3.4 ATTACHMENTS

A. Liquid Retaining Structures:

1. Description: Absorptive mats. 2. Type: Burlap-PE.

B. Elevated Slabs:

1. Description: Membrane-curing compound. 2. Type: Acrylic. 3. Color: Clear.

C. Concrete Pavement:

1. Description: Membrane-curing compound. 2. Color: Opaque.

D. Other Floor Areas:

1. Description: Membrane-curing compound. 2. Type: Acrylic. 3. Color: Translucent.




GOODWYN, MILLS & CAWOOD, INC. GROUTING GMC PROJECT NO. CMGM170037 03 60 00 - 1 of 6

SECTION 03 60 00 - GROUTING

PART 1 - GENERAL

1.1 SUMMARY


1. Portland cement grout. 2. Rapid-curing epoxy grout. 3. Nonshrink cementitious grout.


1. Section 03 30 00 - Cast-in-Place Concrete: Cast-in-place or in-situ concrete for structural building frames, slabs on fill or grade, and other concrete components.


A. American Concrete Institute:

1. ACI 301 - Specifications for Structural Concrete for Buildings. 2. ACI 318 - Building Code Requirements for Structural Concrete. 3. ACI 350 – Code Requirements for Environmental Engineering Concrete Structures

B. ASTM International:

1. ASTM C33 - Standard Specification for Concrete Aggregates. 2. ASTM C40 - Standard Test Method for Organic Impurities in Fine Aggregates for

Concrete. 3. ASTM C150 - Standard Specification for Portland Cement. 4. ASTM C191 - Standard Test Methods for Time of Setting of Hydraulic Cement by Vicat

Needle. 5. ASTM C307 - Standard Test Method for Tensile Strength of Chemical-Resistant Mortar,

Grouts, and Monolithic Surfacings. 6. ASTM C531 - Standard Test Method for Linear Shrinkage and Coefficient of Thermal

Expansion of Chemical-Resistant Mortars, Grouts, Monolithic Surfacings, and Polymer Concretes.

7. ASTM C579 - Standard Test Methods for Compressive Strength of Chemical-Resistant Mortars, Grouts, Monolithic Surfacings, and Polymer Concretes.

8. ASTM C827 - Standard Test Method for Change in Height at Early Ages of Cylindrical Specimens of Cementitious Mixtures.

C. U. S. Army Corps of Engineers Concrete Research Division (CRD):

1. CRD-C621 - Non-Shrink Grout.



1.3 SUBMITTALS


B. Product Data: Submit manufacturer information regarding grout.

C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.

D. Manufacturer Instructions: Submit instructions for mixing, handling, surface preparation, and placing epoxy-type and nonshrink grouts.

E. Field Quality-Control Submittals: Indicate results of Contractor-furnished tests and inspections.



B. Inspection: Accept materials on Site in manufacturer's original packaging and inspect for damage.

C. Store materials according to manufacturer instructions.

D. Protection:



1.5 AMBIENT CONDITIONS

A. Section 01 50 00 - Temporary Facilities and Controls: Requirements for ambient condition control facilities for product storage and installation.

B. Maximum Conditions: Do not perform grouting if temperatures exceed manufacturer’s recommendations.

C. Minimum Conditions: Maintain minimum temperature per the manufacturer before, during, and after grouting, until grout has set.

PART 2 - PRODUCTS

2.1 PORTLAND CEMENT GROUT

A. Portland Cement: Comply with ASTM C150, Type I and II.

B. Water:



1. Potable. 2. No impurities, suspended particles, algae, or dissolved natural salts in quantities capable

of causing:

a. Corrosion of steel. b. Volume change increasing shrinkage cracking. c. Efflorescence. d. Excess air entraining.

C. Fine Aggregate:

1. Washed natural sand. 2. Gradation:

a. Comply with ASTM C33. b. Represented by smooth granulometric curve within required limits.

3. Free from injurious amounts of organic impurities according to ASTM C40.

D. Mix:

1. Portland cement, sand, and water. 2. Do not use ferrous aggregate or staining ingredients in grout mixes.

2.2 RAPID-CURING EPOXY GROUT

A. Manufacturers:

1. L&M Construction Chemicals 2. Sika Corporation 3. WR Meadows

B. Description:

1. High-strength, three-component epoxy grout formulated with thermosetting resins and inert fillers.

2. Rapid-curing, high adhesion, and resistant to ordinary chemicals, acids, and alkalis.

C. Performance and Design Criteria:

1. Compressive Strength:

a. 12,000 psi at seven days. b. Comply with ASTM C579.

2. Minimum Tensile Strength:

a. 2,000 psi. b. Comply with ASTM C307.

3. Coefficient of Expansion:



a. 30x10-6 inch per degree F. b. Comply with ASTM C531.

4. Shrinkage:

a. None. b. Comply with ASTM C827.

2.3 NONSHRINK CEMENTITIOUS GROUT

A. Manufacturers:

1. Euclid Chemical Company

2. Sika Corporation

3. L&M Construction Chemicals

B. Description:

1. Pre-mixed and ready-for-use formulation requiring only addition of water. 2. Nonshrink, non-corrosive, nonmetallic, non-gas forming, and no chlorides.

C. Performance and Design Criteria:

1. Certified to maintain initial placement volume or expand after set, and to meet following minimum properties when tested according to CRD-C621 for Type D nonshrink grout:

a. Setting Time:

1) Initial: Approximately two hours. 2) Final: Approximately three hours. 3) Comply with ASTM C191.

b. Maximum Expansion: 0.10 to 0.40 percent. c. Compressive Strength:

1) One-Day: 4,000 psi. 2) Seven-Day: 7,000 psi. 3) 28-Day: 10,000 to 10,800 psi. 4) Comply with CRD-C621.

2.4 FORMWORK

A. As specified in Section 03 30 00 – Cast-In-Place Concrete.

http://www.specagent.com/LookUp/?ulid=8916&mf=04&src=wd



PART 3 - EXECUTION

3.1 EXAMINATION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for installation examination.

B. Verify areas to receive grout.

3.2 PREPARATION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for installation preparation.

B. Remove defective concrete, laitance, dirt, oil, grease, and other foreign material from concrete surfaces by brushing, hammering, chipping, or other similar means until sound and clean concrete surface is achieved.

C. Roughen concrete lightly, but not to interfere with placement of grout.

D. Remove foreign materials from metal surfaces in contact with grout.

E. Align, level, and maintain final positioning of components to be grouted.

F. Saturate concrete surfaces with clean water, and then remove excess water.

3.3 INSTALLATION

A. Formwork:

1. Construct leak proof forms anchored and shored to withstand grout pressures. 2. Install formwork with clearances to permit proper placement of grout. 3. As specified in Section 03 30 00 – Cast-In-Place Concrete.

B. Mixing:

1. Portland Cement Grout:

a. Use proportions of two parts sand and one part cement, measured by volume. b. Prepare grout with water to obtain consistency to permit placing and packing. c. Mix water and grout in two steps:

1) Premix using approximately 2/3 of water. 2) After partial mixing, add remaining water to bring mix to desired placement

consistency and continue mixing two to three minutes.

d. Mix only quantities of grout capable of being placed within 30 minutes after mixing.

e. Do not add additional water after grout has been mixed.



f. Minimum Compressive Strength: 2,400psi in 48 hours and 7,000psi in 28 days.

2. Rapid-Curing Epoxy Grout:

a. Mix and prepare according to manufacturer instructions. b. Minimum Compressive Strength: 2,400 psi in 48 hours and 7,000 psi in 28 days.

3. Nonshrink Cementitious Grout:

a. Mix and prepare according to manufacturer instructions. b. Minimum Compressive Strength: 2,400 psi in 48 hours and 7,000 psi in 28 days.

4. Mix grout components in proximity to Work area and transport mixture quickly and in manner not permitting segregation of materials.

C. Placing of Grout:

1. Place grout material quickly and continuously. 2. Do not use pneumatic-pressure or dry-packing methods. 3. Apply grout from one side only to avoid entrapping air. 4. Do not vibrate placed grout mixture or permit placement if area is being vibrated by

nearby equipment. 5. Thoroughly compact final installation and eliminate air pockets. 6. Do not remove leveling shims for at least 48 hours after grout has been placed.

D. Curing:

1. Prevent rapid loss of water from grout during first 48 hours by use of approved membrane curing compound or by using wet burlap method.

2. Immediately after placement, protect grout from premature drying, excessively hot or cold temperatures, and mechanical injury.

3. After grout has attained its initial set, keep damp for minimum three days.


A. Inspection and Testing:

1. Comply with ACI 301 and as specified in Section. 2. Submit proposed mix design of each class of grout to Engineer of Record for review prior

to commencement of Work. 3. Tests of grout components may be performed to ensure compliance with specified

requirements.



GOODWYN, MILLS & CAWOOD, INC. STRUCTURAL STEEL GMC PROJECT NO. CMGM170037 05 12 00 - 1 of 12

SECTION 05 12 00 – STRUCTURAL STEEL

PART 1 - GENERAL

1.1 SUMMARY

A. This section includes the following:

1. Structural Steel 2. Architecturally exposed structural steel 3. Prefabricated building columns




1. Section 03 20 00 – Anchorage in Concrete 2. Section 03 30 00 – Cast-in-Place Concrete 3. Section 05 50 00 – Metal Fabrication 4. Section 09 96 00 – High Performance Coatings

1.3 DEFINITIONS

A. Structural Steel: Elements of structural-steel frame, as classified by AISC's "Code of Standard Practice for Steel Buildings and Bridges," that support design loads.

B. Architecturally Exposed Structural Steel: Structural steel designated as architecturally exposed structural steel in the Contract Documents.


A. Connections: Provide details of connections required by the Contract Documents to be selected or completed by structural-steel fabricator to withstand ASD-service loads indicated and comply with other information and restrictions indicated.

1. Select and complete connections using AISC’s “ARD/LRFD Steel Construction Manual” 13th Edition.

2. Engineering Responsibility: Fabricator's responsibilities include using a qualified professional engineer to prepare structural analysis data for structural-steel connections.

B. Construction: Type FR, fully restrained.

C. Construction: Type 1, rigid frame.



1.5 SUBMITTALS

A. Product Data: For each type of product indicated. Submit in accordance with Section 01 33 00 – Submittal Procedures.

B. Shop Drawings: Show fabrication of structural-steel components.

1. Include details of cuts, connections, splices, camber, holes, and other pertinent data. 2. Include embedment drawings. 3. Indicate welds by standard AWS symbols, distinguishing between shop and field welds,

and show size, length, and type of each weld. 4. Indicate type, size, and length of bolts, distinguishing between shop and field bolts.

Identify pretensioned and slip-critical high-strength bolted connections. 5. For structural-steel connections indicated to comply with design loads, include structural

analysis data signed and sealed by the qualified professional engineer responsible for their preparation.

C. Welding certificates

D. Mill Test Reports: Signed by manufacturers certifying that the following products comply with requirements:

1. Structural steel including chemical and physical properties. 2. Bolts, nuts, and washers including mechanical properties and chemical analysis. 3. Direct-tension indicators. 4. Tension-control, high-strength bolt-nut-washer assemblies. 5. Shear stud connectors. 6. Shop primers.

E. Source quality-control test reports.


A. Installer Qualifications: A qualified installer who participates in the AISC Quality Certification Program and is designated an AISC-Certified Erector, Category CSE.

B. Fabricator Qualifications: A qualified fabricator who participates in the AISC Quality Certification Program and is designated an AISC-Certified Plant, Category Sbd.

C. Shop-Painting Applicators: Qualified according to AISC's Sophisticated Paint Endorsement P1 or SSPC-QP 3, "Standard Procedure for Evaluating Qualifications of Shop Painting Applicators."

D. Welding: Qualify procedures and personnel according to AWS D1.1, "Structural Welding Code--Steel."

E. Comply with applicable provisions of the following specifications and documents:

1. AISC's "Code of Standard Practice for Steel Buildings and Bridges." 2. AISC's "Seismic Provisions for Structural Steel Buildings" and "Supplement No. 2."



3. AISC's "Specification for Structural Steel Buildings--Allowable Stress Design (ASD)/ Load and Resistance Factor Design (LRFD)."

4. AISC's "Specification for the Design of Steel Hollow Structural Sections." 5. RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts."

F. Mockups: Build mockups of architecturally exposed structural steel to set quality standards for fabrication and installation.

1. Coordinate finish painting requirements with Division 9 painting Sections. 2. Approved mockups may become part of the completed Work if undisturbed at time of

Substantial Completion.

G. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination."


A. Store materials to permit easy access for inspection and identification. Keep steel members off ground and spaced by using pallets, dunnage, or other supports and spacers. Protect steel members and packaged materials from erosion and deterioration.

1. Store fasteners in a protected place. Clean and relubricate bolts and nuts that become dry or rusty before use.

2. Do not store materials on structure in a manner that might cause distortion, damage, or overload to members or supporting structures. Repair or replace damaged materials or structures as directed.

1.8 COORDINATION

A. Furnish anchorage items to be embedded in or attached to other construction without delaying the Work. Provide setting diagrams, sheet metal templates, instructions, and directions for installation.

PART 2 - PRODUCTS

2.1 STRUCTURAL STEEL MATERIALS

A. Recycled Content of Steel Products: Provide products with an average recycled content of steel products so postconsumer recycled content plus one-half of preconsumer recycled content is not less than the following:

1. W-Shapes: 60 percent. 2. Channels, Angles, M, S-Shapes: 60 percent. 3. Plate and Bar: 25 percent. 4. Steel Pipe: 25 percent. 5. All Other Steel Materials: 25 percent.

B. W-Shapes: ASTM A 572, Grade 36.



C. Channels, Angles, M, S-Shapes: ASTM A 36.

D. Plate and Bar: ASTM A 36.

E. Corrosion-Resisting Structural Steel: ASTM A 588, Grade 50 (345).

F. Cold-Formed Hollow Structural Sections: ASTM A 500, Grade B, structural tubing.

G. Corrosion-Resisting Cold-Formed Hollow Structural Sections: ASTM A 847, structural tubing.

H. Steel Pipe: ASTM A 53, Type E or S, Grade B.

1. Weight Class: Standard. 2. Finish: Black, except where indicated to be galvanized

I. Medium-Strength Steel Castings: ASTM A 27, Grade 65-35 (Grade 450-240), carbon steel.

J. High-Strength Steel Castings: ASTM A 148, Grade 80-50 (Grade 550-345), carbon or alloy steel.

K. Welding Electrodes: Comply with AWS requirements.

2.2 BOLTS, CONNECTORS, AND ANCHORS

A. High-Strength Bolts, Nuts, and Washers: ASTM A 325, Type 1, heavy hex steel structural bolts; ASTM A 563 heavy hex carbon-steel nuts; and ASTM F 436 hardened carbon-steel washers.

1. Finish: Hot-dip zinc coating, ASTM A 153, Class C. 2. Direct-Tension Indicators: ASTM F 959, Type 325 compressible-washer type.

a. Finish: Mechanically deposited zinc coating, ASTM B 695, Class 50.

B. High-Strength Bolts, Nuts, and Washers: ASTM A 490, Type 1, heavy hex steel structural bolts or tension-control, bolt-nut-washer assemblies with splined ends; ASTM A 563 heavy hex carbon-steel nuts; and ASTM F 436 hardened carbon-steel washers, plain.

1. Direct-Tension Indicators: ASTM F 959, Type 490 Type 10.9, compressible-washer type, plain.

C. Shear Connectors: ASTM A 108, Grades 1015 through 1020, headed-stud type, cold-finished carbon steel; AWS D1.1, Type B.

D. Unheaded Anchor Rods: Unless otherwise specified or shown on drawings, ASTM A 36.

1. Configuration: Hooked. 2. Nuts: ASTM A 563 heavy hex carbon steel. 3. Plate Washers: ASTM A 36 carbon steel. 4. Washers: ASTM F 436 hardened carbon steel. 5. Finish: Hot-dip zinc coating, ASTM A 153, Class C.



E. Headed Anchor Rods: Unless otherwise specified or shown on drawings, ASTM F 1554, Grade 36, straight.

1. Nuts: ASTM A 563 heavy hex carbon steel. 2. Plate Washers: ASTM A 36 carbon steel. 3. Washers: ASTM F 436 hardened carbon steel. 4. Finish: Hot-dip zinc coating, ASTM A 153, Class C.

F. Threaded Rods: Unless otherwise specified or shown on drawings, ASTM A 193.

1. Nuts: ASTM A 563 heavy hex carbon steel. 2. Washers: ASTM A 36 carbon steel. 3. Finish: Hot-dip zinc coating, ASTM A 153, Class C.

G. Turnbuckles: ASTM A 108, Grade 1035, cold-finished carbon steel.

H. Eye Bolts and Nuts: ASTM A 108, Grade 1030, cold-finished carbon steel.

I. Sleeve Nuts: ASTM A 108, Grade 1018, cold-finished carbon steel.

2.3 PRIMER

A. Primer: Primer shall be in accordance with Section 09900.

B. Galvanizing Repair Paint: MPI#18, MPI#19, or SSPC-Paint 20.

2.4 FABRICATION

A. Structural Steel: Fabricate and assemble in shop to greatest extent possible. Fabricate according to AISC's "Code of Standard Practice for Steel Buildings and Bridges" and AISC's "Specification for Structural Steel Buildings--Allowable Stress Design and Load and Resistance Factor Design, 13th Edition"

1. Camber structural-steel members where indicated. 2. Identify high-strength structural steel according to ASTM A 6 and maintain markings

until structural steel has been erected. 3. Mark and match-mark materials for field assembly. 4. Complete structural-steel assemblies, including welding of units, before starting shop-

priming operations.

B. Architecturally Exposed Structural Steel: Comply with fabrication requirements, including tolerance limits, of AISC's "Code of Standard Practice for Steel Buildings and Bridges" for structural steel identified as architecturally exposed structural steel.

1. Fabricate with exposed surfaces smooth, square, and free of surface blemishes including pitting, rust, scale, seam marks, roller marks, rolled trade names, and roughness.

2. Remove blemishes by filling or grinding or by welding and grinding, before cleaning, treating, and shop priming.

C. Thermal Cutting: Perform thermal cutting by machine to greatest extent possible.



1. Plane thermally cut edges to be welded to comply with requirements in AWS D1.1.

D. Bolt Holes: Cut, drill, mechanically thermal cut, or punch standard bolt holes perpendicular to metal surfaces.

E. Finishing: Accurately finish ends of columns and other members transmitting bearing loads.

F. Cleaning: Clean and prepare steel surfaces that are to remain unpainted according to SSPC-SP 3, "Power Tool Cleaning."

G. Shear Connectors: Prepare steel surfaces as recommended by manufacturer of shear connectors. Use automatic end welding of headed-stud shear connectors according to AWS D1.1 and manufacturer's written instructions.

H. Steel Wall-Opening Framing: Select true and straight members for fabricating steel wall-opening framing to be attached to structural steel. Straighten as required to provide uniform, square, and true members in completed wall framing.

I. Welded Door Frames: Build up welded door frames attached to structural steel. Weld exposed joints continuously and grind smooth. Plug-weld fixed steel bar stops to frames. Secure removable stops to frames with countersunk, cross-recessed head machine screws, uniformly spaced not more than 10 inches (250 mm) o.c., unless otherwise indicated.

J. Holes: Provide holes required for securing other work to structural steel and for passage of other work through steel framing members.

1. Cut, drill, or punch holes perpendicular to steel surfaces. Do not thermally cut bolt holes or enlarge holes by burning.

2. Base-Plate Holes: Cut, drill, mechanically thermal cut, or punch holes perpendicular to steel surfaces.

3. Weld threaded nuts to framing and other specialty items indicated to receive other work.

2.5 SHOP CONNECTIONS

A. High-Strength Bolts: Shop install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts" for type of bolt and type of joint specified.

1. Joint Type: Snug tightened.

B. Weld Connections: Comply with AWS D1.1 for welding procedure specifications, tolerances, appearance, and quality of welds and for methods used in correcting welding work.

1. Remove backing bars or runoff tabs, back gouge, and grind steel smooth. 2. Assemble and weld built-up sections by methods that will maintain true alignment of

axes without exceeding tolerances of AISC's "Code of Standard Practice for Steel Buildings and Bridges" for mill material.

3. Verify that weld sizes, fabrication sequence, and equipment used for architecturally exposed structural steel will limit distortions to allowable tolerances. Prevent weld show-through on exposed steel surfaces.



a. Grind butt welds flush. b. Grind or fill exposed fillet welds to smooth profile. Dress exposed welds.

2.6 PREFABRICATED BUILDING COLUMNS

A. General: Prefabricated building columns consisting of load-bearing structural-steel members encased in manufacturer's standard insulating concrete for fire protection and enclosed in an outer non-load-bearing steel shell.

1. Concrete Fill: Manufacturer's standard-mix structural concrete, with a minimum 28-day compressive strength of 4000 psi (34.5 MPa), machine mixed and mechanically vibrated during placement to produce concrete fill free of voids.

B. Fire-Resistance Ratings: Provide prefabricated building column listed and labeled by UL or another testing and inspecting agency acceptable to authorities having jurisdiction for ratings indicated, based on testing according to ASTM E 119.

1. Fire-Resistance Rating: 2 hours.

C. Column Configuration: Provide columns of sizes and shapes indicated. Fabricate connections to comply with details shown or as required to suit type of structure indicated.

D. Available Manufacturers: Subject to compliance with requirements, manufacturers offering prefabricated building columns that may be incorporated into the Work include, but are not limited to, the following:

E. Manufacturers: Subject to compliance with requirements, provide prefabricated building columns by one of the following:

1. Black Rock Column, Inc. 2. Dean, George H. Inc. 3. Fire-Trol Division; Dean Lally L.P. 4. Or Equal

2.7 SHOP PRIMING

A. Shop prime steel surfaces except the following:

1. Surfaces embedded in concrete or mortar. Extend priming of partially embedded members to a depth of 2 inches (50 mm).

2. Surfaces to be field welded. 3. Surfaces to be high-strength bolted with slip-critical connections. 4. Surfaces to receive sprayed fire-resistive materials. 5. Galvanized surfaces.

B. Surface Preparation: Clean surfaces to be painted. Remove loose rust and mill scale and spatter, slag, or flux deposits. Prepare surfaces according to the following specifications and standards:

1. SSPC-SP 2, "Hand Tool Cleaning."



2. SSPC-SP 3, "Power Tool Cleaning." 3. SSPC-SP 5/NACE No. 1, "White Metal Blast Cleaning." 4. SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." 5. SSPC-SP 7/NACE No. 4, "Brush-Off Blast Cleaning." 6. SSPC-SP 8, "Pickling." 7. SSPC-SP 10/NACE No. 2, "Near-White Blast Cleaning." 8. SSPC-SP 11, "Power Tool Cleaning to Bare Metal." 9. SSPC-SP 14/NACE No. 8, "Industrial Blast Cleaning."

C. Priming: Immediately after surface preparation, apply primer according to manufacturer's written instructions and at rate recommended by SSPC to provide a dry film thickness of not less than 1.5 mils (0.038 mm). Use priming methods that result in full coverage of joints, corners, edges, and exposed surfaces.

1. Stripe paint corners, crevices, bolts, welds, and sharp edges. 2. Apply two coats of shop paint to inaccessible surfaces after assembly or erection.

Change color of second coat to distinguish it from first.

D. Painting: Apply a 1-coat, non-asphaltic primer complying with SSPC-PS Guide 7.00, "Painting System Guide 7.00: Guide for Selecting One-Coat Shop Painting Systems," to provide a dry film thickness of not less than 1.5 mils (0.038 mm).

2.8 GALVANIZING

A. Hot-Dip Galvanized Finish: Apply zinc coating by the hot-dip process to structural steel according to ASTM A 123.

1. Fill vent holes and grind smooth after galvanizing. 2. Galvanize lintel and shelf angles attached to structural-steel frame and located in exterior

walls.

2.9 SOURCE QUALITY CONTROL

A. Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract Documents.

B. Bolted Connections: Shop-bolted connections will be tested and inspected according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts."

C. Welded Connections: In addition to visual inspection, shop-welded connections will be tested and inspected according to AWS D1.1 and the following inspection procedures, at testing agency's option:

1. Liquid Penetrant Inspection: ASTM E 165. 2. Magnetic Particle Inspection: ASTM E 709; performed on root pass and on finished

weld. Cracks or zones of incomplete fusion or penetration will not be accepted. 3. Ultrasonic Inspection: ASTM E 164. 4. Radiographic Inspection: ASTM E 94.



D. In addition to visual inspection, shop-welded shear connectors will be tested and inspected according to requirements in AWS D1.1 for stud welding and as follows:

1. Bend tests will be performed if visual inspections reveal either a less-than- continuous 360-degree flash or welding repairs to any shear connector.

2. Tests will be conducted on additional shear connectors if weld fracture occurs on shear connectors already tested, according to requirements in AWS D1.1.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify elevations of concrete- and masonry-bearing surfaces and locations of anchor rods, bearing plates, and other embedments, with steel erector present, for compliance with requirements.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Provide temporary shores, guys, braces, and other supports during erection to keep structural steel secure, plumb, and in alignment against temporary construction loads and loads equal in intensity to design loads. Remove temporary supports when permanent structural steel, connections, and bracing are in place, unless otherwise indicated.

1. Do not remove temporary shoring supporting composite deck construction until cast-in-place concrete has attained its design compressive strength.

B. ERECTION

C. Set structural steel accurately in locations and to elevations indicated and according to AISC's "Code of Standard Practice for Steel Buildings and Bridges" and "Specification for Structural Steel Buildings--Allowable Stress Design / Load and Resistance Factor Design."

D. Base and Bearing Plates: Clean concrete- and masonry-bearing surfaces of bond-reducing materials, and roughen surfaces prior to setting base and bearing plates. Clean bottom surface of base and bearing plates.

1. Set base and bearing plates for structural members on wedges, shims, or setting nuts as required.

2. Weld plate washers to top of base plate. 3. Snug-tighten anchor rods after supported members have been positioned and plumbed.

Do not remove wedges or shims but, if protruding, cut off flush with edge of base or bearing plate before packing with grout.

4. Promptly pack grout solidly between bearing surfaces and base or bearing plates so no voids remain. Neatly finish exposed surfaces; protect grout and allow to cure. Comply with manufacturer's written installation instructions for shrinkage-resistant grouts.



E. Maintain erection tolerances of structural steel and architecturally exposed structural steel within AISC's "Code of Standard Practice for Steel Buildings and Bridges."

F. Align and adjust various members forming part of complete frame or structure before permanently fastening. Before assembly, clean bearing surfaces and other surfaces that will be in permanent contact with members. Perform necessary adjustments to compensate for discrepancies in elevations and alignment.

1. Level and plumb individual members of structure. 2. Make allowances for difference between temperature at time of erection and mean

temperature when structure is completed and in service.

G. Splice members only where indicated.

H. Remove erection bolts on welded, architecturally exposed structural steel; fill holes with plug welds; and grind smooth at exposed surfaces.

I. Do not use thermal cutting during erection unless approved by Engineer. Finish thermally cut sections within smoothness limits in AWS D1.1.

J. Do not enlarge unfair holes in members by burning or using drift pins. Ream holes that must be enlarged to admit bolts.

K. Shear Connectors: Prepare steel surfaces as recommended by manufacturer of shear connectors. Use automatic end welding of headed-stud shear connectors according to AWS D1.1 and manufacturer's written instructions.

3.3 FIELD CONNECTIONS

A. High-Strength Bolts: Install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts" for type of bolt and type of joint specified.

1. Joint Type: Slip critical.

B. Weld Connections: Comply with AWS D1.1 for welding procedure specifications, tolerances, appearance, and quality of welds and for methods used in correcting welding work.

1. Comply with AISC's "Code of Standard Practice for Steel Buildings and Bridges" and "Specification for Structural Steel Buildings--Allowable Stress Design / Load and Resistance Factor Design Specification” for bearing, adequacy of temporary connections, alignment, and removal of paint on surfaces adjacent to field welds.

2. Remove backing bars or runoff tabs, back gouge, and grind steel smooth. 3. Assemble and weld built-up sections by methods that will maintain true alignment of

axes without exceeding tolerances of AISC's "Code of Standard Practice for Steel Buildings and Bridges" for mill material.

4. Verify that weld sizes, fabrication sequence, and equipment used for architecturally exposed structural steel will limit distortions to allowable tolerances. Prevent weld show-through on exposed steel surfaces.



a. Grind butt welds flush. b. Grind or fill exposed fillet welds to smooth profile. Dress exposed welds.

3.4 PREFABRICATED BUILDING COLUMNS

A. Install prefabricated building columns to comply with AISC's "Specification for Structural Steel Buildings--Allowable Stress Design / Load and Resistance Factor" manufacturer's written recommendations, and requirements of testing and inspecting agency that apply to the fire-resistance rating indicated.


A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to inspect connections and welds as necessary.

B. Bolted Connections: Shop-bolted connections will be tested and inspected according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts."

C. Welded Connections: Field welds will be visually inspected according to AWS D1.1.

1. In addition to visual inspection, field welds will be tested according to AWS D1.1 and the following inspection procedures, at testing agency's option:

a. Liquid Penetrant Inspection: ASTM E 165. b. Magnetic Particle Inspection: ASTM E 709; performed on root pass and on

finished weld. Cracks or zones of incomplete fusion or penetration will not be accepted.

c. Ultrasonic Inspection: ASTM E 164. d. Radiographic Inspection: ASTM E 94.

D. In addition to visual inspection, test and inspect field-welded shear connectors according to requirements in AWS D1.1 for stud welding and as follows:

1. Perform bend tests if visual inspections reveal either a less-than- continuous 360-degree flash or welding repairs to any shear connector.

2. Conduct tests on additional shear connectors if weld fracture occurs on shear connectors already tested, according to requirements in AWS D1.1.

E. Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract Documents.

3.6 REPAIRS AND PROTECTION

A. Repair damaged galvanized coatings on galvanized items with galvanized repair paint according to ASTM A 780 and manufacturer's written instructions.

B. Touchup Painting: After installation, promptly clean, prepare, and prime or reprime field connections, rust spots, and abraded surfaces of prime-painted joists and accessories, bearing plates, and abutting structural steel.



1. Clean and prepare surfaces by SSPC-SP 2 hand-tool cleaning or SSPC-SP 3 power-tool cleaning.

2. Apply a compatible primer of same type as shop primer used on adjacent surfaces.

C. Touchup Painting: Cleaning and touchup painting are specified in Section 09 96 00 – High-Performance Coatings.



GOODWYN, MILLS & CAWOOD, INC. ALUMINUM HANDRAIL GMC PROJECT NO. CMGM170037 05 40 00 - 1 of 3

SECTION 05 40 00 - ALUMINUM HANDRAIL

PART 1 - GENERAL

1.1 SCOPE

A. The work covered by this section includes furnishing all labor, equipment and materials required to furnish and install aluminum component handrail including all fittings, anchors, bases and accessories, as required by the Contract Documents.

B. All guardrails shall be furnished with a toeboard, except where concrete curbs are shown.




1. Section 03 30 00 – Cast-in-Place Concrete 2. Section 05 50 00 – Metal Fabrications

1.3 SUBMITTALS

A. Submit complete shop drawings and product data in accordance with the requirements of Section 01 33 00 – Submittal Procedures.

B. Submit samples which are representative of the material and finish to be provided.

C. Submit structural calculations, including anchorages, if requested by the Engineer.

1.4 STORAGE AND PROTECTION

A. Handrails shall be properly packaged to prevent scratching and denting during shipment, storage and erection. Maintain protective wrapping until project is completed.

PART 2 - PRODUCTS

2.1 DESIGN REQUIREMENTS

A. Component aluminum handrail system shall be designed and constructed in strict compliance with the requirements of OSHA and the International Building Code.



B. Guardrails shall be designed to withstand a uniform horizontal load of 50 pounds per foot with a simultaneous vertical load of 100 pounds per foot applied to the top rail.

C. Handrail and stair rails shall be designed to withstand a uniform horizontal load of 50 pounds per foot applied to the top rail.

D. In addition, guardrails, handrails and stair rails shall be designed to withstand a concentrated load of 200 pounds applied in any direction, at any point on the railing system.

2.2 ACCEPTABLE PRODUCTS/MANUFACTURERS

A. Component aluminum handrail system shall be "TUFrail" by Thompson Fabricating - B'ham., AL., "Interna-Rail" by Hollaender Corp. - Cinn., Ohio, or equal by Alumagard - Denver, CO.

2.3 MATERIAL AND CONSTRUCTION

A. Handrail shall be the product of a company normally engaged in the manufacture of pipe railing. Railing shall be shop assembled in lengths not to exceed 24 feet for field erection.

B. Post spacing shall be a maximum of 6'-0". Posts and rails shall be a minimum of 1 1/2" schedule 40 aluminum pipe, alloy 6063-T6 or 6105-T5, ASTM B-429 or B-221.

C. Handrail shall be made of pipe and fittings mechanically fastened together with stainless steel hardware. Handrail systems which use fittings that are glued or pop-riveted will not be acceptable.

D. Toeboard shall conform to OSHA standards. Toeboard shall be a minimum of 4" high and shall attach to the post using clamps which will allow for expansion and contraction between posts. Toeboard shall be set 1/4" above the walking surface.

E. Wedge anchors shall be spaced 10d apart and 5d edge distance for no reduction in pullout strength. A safety factor of 4 shall be used on pullout values published by the manufacturer. Wedge anchors shall be type 304 stainless steel.

F. Openings in the railing shall guarded by a self-closing gate (OSHA 1910.23). Safety chains are not acceptable.

G. All handrail and components shall be clear anodized per Aluminum Association M10C22A41 (215-R1). The pipe shall be plastic wrapped to protect the finish.

H. All aluminum surfaces in contact with concrete, grout or dissimilar metals will be protected with a coat of bituminous paint, mylar isolators or other approved material.



PART 3 - EXECUTION

3.1 INSTALLATION

I. Field fabrication of the railing system is not permitted.

J. Set handrails plumb within 1/8" of vertical and align horizontally to within 1/8" in 12 feet.

K. Install wedge anchors to proper depth to develop full pullout and shear values. Check all fasteners and bolts in base connections and splices for tightness.

L. Adequate provisions for expansion and contraction shall be incorporated into the rail. Expansion joints shall be placed at 60 foot intervals and at all concrete expansion joints.

M. Toeboards shall be shipped loose and attached to the handrail in the field. Attachment to the posts will be made with clamps which will allow for expansion and contraction while maintaining a straight line.

N. All defective, damaged or otherwise improperly installed handrail shall be removed and replaced with material which complies with this section at no additional cost to the owner.

O. Following installation, aluminum handrail shall be cleaned with a mild soap and clean water. Acid solutions, steel wool or harsh abrasives shall not be used.




GOODWYN, MILLS & CAWOOD, INC. METAL FABRICATIONS GMC PROJECT NO. CMGM170037 05 50 00 - 1 of 16

SECTION 05 50 00 - METAL FABRICATIONS

PART 1 - GENERAL



1.2 SUMMARY


1. Steel framing and supports for overhead doors. 2. Steel framing and supports for mechanical and electrical equipment. 3. Steel framing and supports for applications where framing and supports are not specified

in other Sections. 4. Shelf angles. 5. Alternating tread devices. 6. Metal ships' ladders 7. Metal floor plate and supports. 8. Metal bollards. 9. Metal downspout boots. 10. Loose bearing and leveling plates for applications where they are not specified in other

Sections. 11. Loose Steel Lintels.

B. Products furnished, but not installed, under this Section include the following:

1. Loose steel lintels. 2. Anchor bolts, steel pipe sleeves, slotted-channel inserts, and wedge-type inserts indicated

to be cast into concrete or built into unit masonry. 3. Steel weld plates and angles for casting into concrete for applications where they are not

specified in other Sections.


1. Section 03 30 00 – Cast-in-Place Concrete for installing anchor bolts, steel pipe sleeves, slotted-channel inserts, wedge-type inserts, and other items cast into concrete.

1.3 COORDINATION

A. Coordinate selection of shop primers with topcoats to be applied over them. Comply with paint and coating manufacturers' written recommendations to ensure that shop primers and topcoats are compatible with one another.



B. Coordinate installation of metal fabrications that are anchored to or that receive other work. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.


A. Product Data: For the following:

1. Nonslip aggregates and nonslip-aggregate surface finishes. 2. Prefabricated building columns. 3. Metal nosings and treads. 4. Paint products. 5. Grout.

B. Shop Drawings: Show fabrication and installation details. Include plans, elevations, sections, and details of metal fabrications and their connections. Show anchorage and accessory items. Provide Shop Drawings for the following:

1. Steel framing and supports for overhead doors 2. Steel framing and supports for mechanical and electrical equipment. 3. Steel framing and supports for applications where framing and supports are not specified

in other Sections. 4. Alternating tread devices. 5. Metal ships' ladders 6. Metal floor plate and supports. 7. Miscellaneous steel trim 8. Metal bollards. 9. Downspout guards. 10. Abrasive metal nosings treads and thresholds. 11. Metal downspout boots. 12. Loose steel lintels.

C. Samples for Verification: For each type and finish of extruded nosing and tread.


A. Qualification Data: For professional engineer.

B. Mill Certificates: Signed by stainless-steel manufacturers, certifying that products furnished comply with requirements.

C. Welding certificates.

D. Paint Compatibility Certificates: From manufacturers of topcoats applied over shop primers, certifying that shop primers are compatible with topcoats.

E. Research/Evaluation Reports: For post-installed anchors, from ICC-ES.




A. Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel."

B. Welding Qualifications: Qualify procedures and personnel according to the following:

1. AWS D1.1/D1.1M, "Structural Welding Code - Steel." 2. AWS D1.2/D1.2M, "Structural Welding Code - Aluminum." 3. AWS D1.6/D1.6M, "Structural Welding Code - Stainless Steel."


A. Field Measurements: Verify actual locations of walls and other construction contiguous with metal fabrications by field measurements before fabrication.

PART 2 - PRODUCTS


A. Delegated Design: Engage a qualified professional engineer, as defined in Section 014000 - Quality Requirements, to design ladders.

B. Structural Performance of Aluminum Ladders: Aluminum ladders, including landings, shall withstand the effects of loads and stresses within limits and under conditions specified in ANSI A14.3.

C. Structural Performance of Alternating Tread Devices: Alternating tread devices shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated.

1. Uniform Load: 100 lbf/sq. ft. 2. Concentrated Load: 300 lbf applied on an area of 4 sq. in. 3. Uniform and concentrated loads need not be assumed to act concurrently. 4. Alternating Tread Device Framing: Capable of withstanding stresses resulting from

railing loads in addition to loads specified above.

D. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes acting on exterior metal fabrications by preventing buckling, opening of joints, overstressing of components, failure of connections, and other detrimental effects.

1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces.

2.2 METALS

A. Metal Surfaces, General: Provide materials with smooth, flat surfaces unless otherwise indicated. For metal fabrications exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes.



B. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M.

C. Stainless-Steel Sheet, Strip, and Plate: ASTM A 240/A 240M or ASTM A 666, Type 316L.

D. Stainless-Steel Bars and Shapes: ASTM A 276, Type 316L.

E. Rolled-Steel Floor Plate: ASTM A 786/A 786M, rolled from plate complying with ASTM A 36/A 36M or ASTM A 283/A 283M, Grade C or D.

F. Rolled-Stainless-Steel Floor Plate: ASTM A 793.

G. Steel Tubing: ASTM A 500/A 500M, cold-formed steel tubing.

H. Steel Pipe: ASTM A 53/A 53M, Standard Weight (Schedule 40) unless otherwise indicated.

I. Zinc-Coated Steel Wire Rope: ASTM A 741.

1. Wire-Rope Fittings: Hot-dip galvanized-steel connectors with capability to sustain, without failure, a load equal to minimum breaking strength of wire rope with which they are used.

J. Slotted Channel Framing: Cold-formed metal box channels (struts) complying with MFMA-4.

1. Size of Channels: As indicated. 2. Material: Galvanized steel, ASTM A 653/A 653M, structural steel, Grade 33, with G90

coating; 0.079-inch nominal thickness. 3. Material: Cold-rolled steel, ASTM A 1008/A 1008M, structural steel, Grade 33; 0.0677-

inch minimum thickness; hot-dip galvanized after fabrication.

K. Cast Iron: Either gray iron, ASTM A 48/A 48M, or malleable iron, ASTM A 47/A 47M, unless otherwise indicated.

L. Aluminum Plate and Sheet: ASTM B 209, Alloy 6061-T6.

M. Aluminum Extrusions: ASTM B 221, Alloy 6063-T6.

N. Aluminum-Alloy Rolled Tread Plate: ASTM B 632/B 632M, Alloy 6061-T6.

O. Aluminum Castings: ASTM B 26/B 26M, Alloy 443.0-F.

P. Bronze Extrusions: ASTM B 455, Alloy UNS No. C38500 (extruded architectural bronze).

Q. Bronze Castings: ASTM B 584, Alloy UNS No. C83600 (leaded red brass) or No. C84400 (leaded semired brass).

R. Nickel Silver Extrusions: ASTM B 151/B 151M, Alloy UNS No. C74500.

S. Nickel Silver Castings: ASTM B 584, Alloy UNS No. C97600 (20 percent leaded nickel bronze).



2.3 FASTENERS

A. General: Unless otherwise indicated, provide Type 316 stainless-steel fasteners for exterior use and use in wastewater treatment facilities. Use Zinc-plated fasteners with coating complying with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, at exterior walls. Select fasteners for type, grade, and class required.

1. Provide stainless-steel fasteners for fastening aluminum. 2. Provide stainless-steel fasteners for fastening stainless steel. 3. Provide stainless-steel fasteners for fastening nickel silver. 4. Provide bronze fasteners for fastening bronze.

B. Steel Bolts and Nuts: Regular hexagon-head bolts, ASTM A 307, Grade A; with hex nuts, ASTM A 563; and, where indicated, flat washers.

C. Steel Bolts and Nuts: Regular hexagon-head bolts, ASTM A 325, Type 3; with hex nuts, ASTM A 563, Grade C3; and, where indicated, flat washers.

D. Stainless-Steel Bolts and Nuts: Regular hexagon-head annealed stainless-steel bolts, ASTM F 593; with hex nuts, ASTM F 594; and, where indicated, flat washers; Alloy Group 2.

E. Anchor Bolts: ASTM F 1554, Grade 36, of dimensions indicated; with nuts, ASTM A 563; and, where indicated, flat washers.

1. Hot-dip galvanize or provide mechanically deposited, zinc coating where item being fastened is indicated to be galvanized.

F. Anchors, General: Anchors capable of sustaining, without failure, a load equal to six times the load imposed when installed in unit masonry and four times the load imposed when installed in concrete, as determined by testing according to ASTM E 488/E 488M, conducted by a qualified independent testing agency.

G. Cast-in-Place Anchors in Concrete: Either threaded type or wedge type unless otherwise indicated; galvanized ferrous castings, either ASTM A 47/A 47M malleable iron or ASTM A 27/A 27M cast steel. Provide bolts, washers, and shims as needed, all hot-dip galvanized per ASTM F 2329.

H. Post-Installed Anchors: Torque-controlled expansion anchors.

1. Material for Interior Locations: Carbon-steel components zinc plated to comply with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, unless otherwise indicated.

2. Material for Exterior Locations and Where Stainless Steel Is Indicated: Alloy Group 2 stainless-steel bolts, ASTM F 593, and nuts, ASTM F 594.

I. Slotted-Channel Inserts: Cold-formed, hot-dip galvanized-steel box channels (struts) complying with MFMA-4, 1-5/8 by 7/8 inches by length indicated with anchor straps or studs not less than 3 inches long at not more than 8 inches o.c. Provide with temporary filler and tee-head bolts, complete with washers and nuts, all zinc-plated to comply with ASTM B 633, Class Fe/Zn 5, as needed for fastening to inserts.



2.4 MISCELLANEOUS MATERIALS

A. Shop Primers: Provide primers that comply with manufacturer’s recommendations in Section 09 96 00 – High Performance Coatings.

B. Universal Shop Primer: Fast-curing, lead- and chromate-free, universal modified-alkyd primer complying with MPI#79 and compatible with topcoat.

1. Use primer containing pigments that make it easily distinguishable from zinc-rich primer.

C. Epoxy Zinc-Rich Primer: Complying with MPI#20 and compatible with topcoat.

D. Galvanizing Repair Paint: High-zinc-dust-content paint complying with SSPC-Paint 20 and compatible with paints specified to be used over it.

E. Bituminous Paint: Cold-applied asphalt emulsion complying with ASTM D 1187/D 1187M.

F. Nonshrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107/C 1107M. Provide grout specifically recommended by manufacturer for interior and exterior applications.

G. Concrete: Comply with requirements in Section 03 30 00 - Cast-in-Place Concrete for normal-weight, air-entrained, concrete with a minimum 28-day compressive strength of 3000 psi.

2.5 FABRICATION, GENERAL

A. Shop Assembly: Preassemble items in the shop to greatest extent possible. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation.

B. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch unless otherwise indicated. Remove sharp or rough areas on exposed surfaces.

C. Form bent-metal corners to smallest radius possible without causing grain separation or otherwise impairing work.

D. Form exposed work with accurate angles and surfaces and straight edges.

E. Weld corners and seams continuously to comply with the following:

1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.

2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no

roughness shows after finishing and contour of welded surface matches that of adjacent surface.



F. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners or welds where possible. Where exposed fasteners are required, use Phillips flat-head (countersunk) fasteners unless otherwise indicated. Locate joints where least conspicuous.

G. Fabricate seams and other connections that are exposed to weather in a manner to exclude water. Provide weep holes where water may accumulate.

H. Cut, reinforce, drill, and tap metal fabrications as indicated to receive finish hardware, screws, and similar items.

I. Provide for anchorage of type indicated; coordinate with supporting structure. Space anchoring devices to secure metal fabrications rigidly in place and to support indicated loads.

J. Where units are indicated to be cast into concrete or built into masonry, equip with integrally welded steel strap anchors, 1/8 by 1-1/2 inches, with a minimum 6-inch embedment and 2-inch hook, not less than 8 inches from ends and corners of units and 24 inches o.c., unless otherwise indicated.

2.6 MISCELLANEOUS FRAMING AND SUPPORTS

A. General: Provide steel framing and supports not specified in other Sections as needed to complete the Work.

B. Fabricate units from steel shapes, plates, and bars of welded construction unless otherwise indicated. Fabricate to sizes, shapes, and profiles indicated and as necessary to receive adjacent construction.

1. Fabricate units from slotted channel framing where indicated. 2. Furnish inserts for units installed after concrete is placed.

C. Fabricate supports for operable partitions from continuous steel beams of sizes indicated with attached bearing plates, anchors, and braces as indicated. Drill or punch bottom flanges of beams to receive partition track hanger rods; locate holes where indicated on operable partition Shop Drawings.

D. Fabricate steel girders for wood frame construction from continuous steel shapes of sizes indicated.

1. Provide bearing plates welded to beams where indicated. 2. Drill or punch girders and plates for field-bolted connections where indicated. 3. Where wood nailers are attached to girders with bolts or lag screws, drill or punch holes

at 24 inches o.c.

E. Fabricate steel pipe columns for supporting wood frame construction from steel pipe with steel baseplates and top plates as indicated. Drill or punch baseplates and top plates for anchor and connection bolts and weld to pipe with fillet welds all around. Make welds the same size as pipe wall thickness unless otherwise indicated.

1. Unless otherwise indicated, fabricate from Schedule 40 steel pipe.



2. Unless otherwise indicated, provide 1/2-inch baseplates with four 5/8-inch anchor bolts and 1/4-inch top plates.

F. Galvanize miscellaneous framing and supports where indicated.

G. Prime miscellaneous framing and supports with zinc-rich primer.

2.7 SHELF ANGLES

A. Fabricate shelf angles from steel angles of sizes indicated and for attachment to concrete framing. Provide horizontally slotted holes to receive 3/4-inch bolts, spaced not more than 6 inches from ends and 24 inches o.c., unless otherwise indicated.

1. Provide mitered and welded units at corners. 2. Provide open joints in shelf angles at expansion and control joints. Make open joint

approximately 2 inches larger than expansion or control joint.

B. For cavity walls, provide vertical channel brackets to support angles from backup masonry and concrete.

C. Galvanize shelf angles located in exterior walls.

2.8 METAL LADDERS

A. General:

1. Comply with ANSI A14.3. 2. For elevator pit ladders, comply with ASME A17.1/CSA B44.

B. Steel Ladders:

1. Space siderails 18 inches apart unless otherwise indicated. 2. Siderails: Continuous, 3/8-by-2-1/2-inch steel flat bars, with eased edges. 3. Rungs: 1-inch-diameter or 1-inch-square steel bars. 4. Fit rungs in centerline of siderails; plug-weld and grind smooth on outer rail faces. 5. Provide nonslip surfaces on top of each rung, either by coating rung with aluminum-

oxide granules set in epoxy-resin adhesive or by using a type of manufactured rung filled with aluminum-oxide grout.

6. Provide platforms as indicated fabricated from welded or pressure-locked steel bar grating, supported by steel angles. Limit openings in gratings to no more than 3/4 inch in least dimension.

7. Support each ladder at top and bottom and not more than 60 inches o.c. with welded or bolted steel brackets.

8. Galvanize exterior ladders, including brackets.

C. Aluminum Ladders:



1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Halliday Products. b. O'Keeffe's Inc. c. Precision Ladders, LLC. d. Thompson Fabricating, LLC.

2. Space siderails 16 inches apart unless otherwise indicated. 3. Siderails: Continuous extruded-aluminum channels or tubes, not less than 2-1/2 inches

deep, 3/4 inch wide, and 1/8 inch thick. 4. Rungs: Extruded-aluminum tubes, not less than 3/4 inch deep and not less than 1/8 inch

thick, with ribbed tread surfaces. 5. Fit rungs in centerline of siderails; fasten by welding or with stainless-steel fasteners or

brackets and aluminum rivets. 6. Provide platforms as indicated fabricated from pressure-locked aluminum bar grating or

extruded-aluminum plank grating, supported by extruded-aluminum framing. Limit openings in gratings to no more than 3/4 inch in least dimension.

7. Support each ladder at top and bottom and not more than 60 inches o.c. with welded or bolted aluminum brackets.

8. Provide minimum 72-inch-high, hinged security door with padlock hasp at foot of ladder to prevent unauthorized ladder use.

2.9 LADDER SAFETY CAGES

A. General:

1. Fabricate ladder safety cages to comply with ANSI A14.3. Assemble by welding or with stainless-steel fasteners.

2. Provide primary hoops at tops and bottoms of cages and spaced not more than 20 feet o.c. Provide secondary intermediate hoops spaced not more than 48 inches o.c. between primary hoops.

3. Fasten assembled safety cage to ladder rails and adjacent construction by welding or with stainless-steel fasteners unless otherwise indicated.

B. Steel Ladder Safety Cages:

1. Primary Hoops: 1/4-by-4-inch flat bar hoops. 2. Secondary Intermediate Hoops: 1/4-by-2-inch flat bar hoops. 3. Vertical Bars: 3/16-by-1-1/2-inch flat bars secured to each hoop. 4. Galvanize ladder safety cages, including brackets and fasteners.

C. Aluminum Ladder Safety Cages:

1. Primary Hoops: 1/4-by-4-inch flat bar hoops. 2. Secondary Intermediate Hoops: 1/4-by-2-inch flat bar hoops. 3. Vertical Bars: 1/4-by-2-inch flat bars secured to each hoop.








2.10 METAL SHIPS' LADDERS AND PIPE CROSSOVERS

A. Provide metal ships' ladders and pipe crossovers where indicated. Fabricate of open-type construction with channel or plate stringers and pipe and tube railings unless otherwise indicated. Provide brackets and fittings for installation.

1. Treads shall be not less than 5 inches exclusive of nosing or less than 8-1/2 inches including the nosing, and riser height shall be not more than 9-1/2 inches.

2. Fabricate ships' ladders and pipe crossovers, including railings from aluminum. 3. Fabricate treads and platforms from extruded-aluminum plank grating. Limit openings in

gratings to no more than 3/4 inch in least dimension. 4. Fabricate treads and platforms from rolled-aluminum-alloy tread plate. 5. Comply with applicable railing requirements.

B. Galvanize exterior steel ships' ladders and pipe crossovers, including treads, railings, brackets, and fasteners.

2.11 METAL FLOOR PLATE

A. Fabricate from aluminum diamond floor plate of thickness indicated below:

1. Thickness: As required for loadings indicated.

B. Provide grating sections where indicated fabricated from extruded-aluminum plank grating. Limit openings in gratings to no more than 3/4 inch in least dimension.

C. Provide stainless-steel angle supports as indicated.

D. Include stainless-steel angle stiffeners, and fixed and removable sections as indicated.

E. Provide flush stainless-steel bar drop handles for lifting removable sections, one at each end of each section.

2.12 MISCELLANEOUS STEEL TRIM

A. Unless otherwise indicated, fabricate units from steel shapes, plates, and bars of profiles shown with continuously welded joints and smooth exposed edges. Miter corners and use concealed field splices where possible.

B. Provide cutouts, fittings, and anchorages as needed to coordinate assembly and installation with other work.

1. Provide with integrally welded steel strap anchors for embedding in concrete or masonry construction.

C. Galvanize exterior miscellaneous steel trim.



2.13 METAL BOLLARDS

A. Fabricate metal bollards from Schedule 40 steel pipe.

1. Cap bollards with 1/4-inch-thick steel plate. 2. Where bollards are indicated to receive controls for door operators, provide cutouts for

controls and holes for wire. 3. Where bollards are indicated to receive light fixtures, provide cutouts for fixtures and

holes for wire.

B. Fabricate bollards with 3/8-inch-thick steel baseplates for bolting to concrete slab. Drill baseplates at all four corners for 3/4-inch anchor bolts.

1. Where bollards are to be anchored to sloping concrete slabs, angle baseplates for plumb alignment of bollards.

C. Fabricate sleeves for bollard anchorage from steel pipe or tubing with 1/4-inch-thick steel plate welded to bottom of sleeve. Make sleeves not less than 8 inches deep and 3/4 inch larger than OD of bollard.

D. Fabricate internal sleeves for removable bollards from Schedule 40 steel pipe or 1/4-inch wall-thickness steel tubing with an OD approximately 1/16 inch less than ID of bollards. Match drill sleeve and bollard for 3/4-inch steel machine bolt.

E. Prime bollards with zinc-rich primer.

2.14 ABRASIVE METAL NOSINGS TREADS AND THRESHOLDS

A. Provide abrasive metal nosing treads on all interior stair construction and thresholds for all interior/exterior doors.

B. Cast-Metal Units: Cast aluminum, with an integral-abrasive, as-cast finish consisting of aluminum oxide, silicon carbide, or a combination of both. Fabricate units in lengths necessary to accurately fit openings or conditions.


a. Victory Treads b. American Safety Tread Co., Inc. c. Balco, Inc. d. Safe-T-Metal Company, Inc.

2. Nosings: Cross-hatched units, 1-1/2 by 1-1/2 inches, for casting into concrete. 3. Treads: Cross-hatched units, full depth of tread with 3/4-by-3/4-inch nosing, for

application over bent plate treads or existing stairs. 4. Thresholds: Fluted-saddle-type units, 5 inches wide by 1/2 inch high, with tapered edges.







C. Extruded Units: Aluminum, with abrasive filler consisting of aluminum oxide, silicon carbide, or a combination of both, in an epoxy-resin binder. Fabricate units in lengths necessary to accurately fit openings or conditions.


a. ACL Industries, Inc. b. American Safety Tread Co., Inc. c. Balco, Inc.

2. Provide ribbed units, with abrasive filler strips projecting 1/16 inch above aluminum extrusion.

3. Nosings: Square-back units, 3 inches wide, for casting into concrete steps. 4. Treads: Square-back units, full depth of tread with 1-3/8-inch lip, for application over

existing stairs.

D. Provide anchors for embedding units in concrete, either integral or applied to units, as standard with manufacturer.

E. Apply bituminous paint to concealed surfaces of cast-metal units.

F. Apply clear lacquer to concealed surfaces of extruded units.

2.15 METAL DOWNSPOUT BOOTS

A. Provide downspout boots made from aluminum in heights indicated with inlets of size and shape to suit downspouts. Provide units with flanges and holes for countersunk anchor bolts.

1. Outlet: Vertical, to discharge into pipe OR at 35 degrees from horizontal, to discharge onto splash block or pavement.

2.16 LOOSE BEARING AND LEVELING PLATES

A. Provide loose bearing and leveling plates for steel items bearing on masonry or concrete construction. Drill plates to receive anchor bolts and for grouting.

B. Galvanize plates.

C. Prime plates with zinc-rich primer.

2.17 LOOSE STEEL LINTELS

A. Fabricate loose steel lintels from steel angles and shapes of size indicated for openings and recesses in masonry walls and partitions at locations indicated. Fabricate in single lengths for each opening unless otherwise indicated. Weld adjoining members together to form a single unit where indicated.







B. Galvanize and prime loose steel lintels located in exterior walls.

C. Prime loose steel lintels located in exterior walls with zinc-rich primer.

2.18 STEEL WELD PLATES AND ANGLES

A. Provide steel weld plates and angles not specified in other Sections, for items supported from concrete construction as needed to complete the Work. Provide each unit with no fewer than two integrally welded steel strap anchors for embedding in concrete.

2.19 FINISHES, GENERAL

A. Finish metal fabrications after assembly.

B. Finish exposed surfaces to remove tool and die marks and stretch lines, and to blend into surrounding surface.

2.20 STEEL AND IRON FINISHES

A. Galvanizing: Hot-dip galvanize items as indicated to comply with ASTM A 153/A 153M for steel and iron hardware and with ASTM A 123/A 123M for other steel and iron products.

1. Do not quench or apply post galvanizing treatments that might interfere with paint adhesion.

B. Preparation for Shop Priming Galvanized Items: After galvanizing, thoroughly clean railings of grease, dirt, oil, flux, and other foreign matter, and treat with metallic phosphate process.

C. Shop prime iron and steel items not indicated to be galvanized unless they are to be embedded in concrete, sprayed-on fireproofing, or masonry, or unless otherwise indicated.

D. Preparation for Shop Priming: Prepare surfaces to comply with SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning."

2.21 ALUMINUM FINISHES

A. As-Fabricated Finish: AA-M12.

B. Clear Anodic Finish: AAMA 611, Class I, AA-M12C22A41.

PART 3 - EXECUTION


A. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal fabrications. Set metal fabrications accurately in location, alignment, and elevation; with



edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels.

B. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Do not weld, cut, or abrade surfaces of exterior units that have been hot-dip galvanized after fabrication and are for bolted or screwed field connections.

C. Field Welding: Comply with the following requirements:


2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no

roughness shows after finishing and contour of welded surface matches that of adjacent surface.

D. Fastening to In-Place Construction: Provide anchorage devices and fasteners where metal fabrications are required to be fastened to in-place construction. Provide threaded fasteners for use with concrete and masonry inserts, toggle bolts, through bolts, lag screws, wood screws, and other connectors.

E. Provide temporary bracing or anchors in formwork for items that are to be built into concrete, masonry, or similar construction.

F. Corrosion Protection: Coat concealed surfaces of aluminum that come into contact with grout, concrete, masonry, wood, or dissimilar metals with the following:

1. Cast Aluminum: Heavy coat of bituminous paint. 2. Extruded Aluminum: Two coats of clear lacquer.

3.2 INSTALLING MISCELLANEOUS FRAMING AND SUPPORTS

A. General: Install framing and supports to comply with requirements of items being supported, including manufacturers' written instructions and requirements indicated on Shop Drawings.

B. Anchor supports for overhead doors securely to, and rigidly brace from, building structure.

C. Support steel girders on solid grouted masonry, concrete, or steel pipe columns. Secure girders with anchor bolts embedded in grouted masonry or concrete or with bolts through top plates of pipe columns.

1. Where grout space under bearing plates is indicated for girders supported on concrete or masonry, install as specified in "Installing Bearing and Leveling Plates" Article.

D. Install pipe columns on concrete footings with grouted baseplates. Position and grout column baseplates as specified in "Installing Bearing and Leveling Plates" Article.



1. Grout baseplates of columns supporting steel girders after girders are installed and leveled.

3.3 INSTALLING METAL BOLLARDS

A. Fill metal-capped bollards solidly with concrete and allow concrete to cure seven days before installing.

1. Do not fill removable bollards with concrete.

B. Anchor bollards to existing construction with anchor bolts. Provide four 3/4-inch bolts at each bollard unless otherwise indicated.

1. Embed anchor bolts at least 4 inches in concrete.

C. Anchor bollards in concrete in formed or core-drilled holes not less than 8 inches deep and 3/4 inch larger than OD of bollard. Fill annular space around bollard solidly with nonshrink grout; mixed and placed to comply with grout manufacturer's written instructions. Slope grout up approximately 1/8 inch toward bollard.

D. Anchor internal sleeves for removable bollards in formed or core-drilled holes not less than 8 inches deep and 3/4 inch larger than OD of sleeve. Fill annular space around internal sleeves solidly with nonshrink grout; mixed and placed to comply with grout manufacturer's written instructions. Slope grout up approximately 1/8 inch toward internal sleeve.

E. Place removable bollards over internal sleeves and secure with 3/4-inch machine bolts and nuts. After tightening nuts, drill holes in bolts for inserting padlocks. Owner furnishes padlocks.

F. Fill bollards solidly with concrete, mounding top surface to shed water.

1. Do not fill removable bollards with concrete.

3.4 INSTALLING NOSINGS, TREADS, AND THRESHOLDS

A. Center nosings on tread widths unless otherwise indicated.

B. For nosings embedded in concrete steps or curbs, align nosings flush with riser faces and level with tread surfaces.

C. Seal thresholds exposed to exterior with elastomeric sealant complying with Section 07 92 00 - Joint Sealants to provide a watertight installation.

3.5 INSTALLING BEARING AND LEVELING PLATES

A. Clean concrete and masonry bearing surfaces of bond-reducing materials, and roughen to improve bond to surfaces. Clean bottom surface of plates.

B. Set bearing and leveling plates on wedges, shims, or leveling nuts. After bearing members have been positioned and plumbed, tighten anchor bolts. Do not remove wedges or shims but, if



protruding, cut off flush with edge of bearing plate before packing with nonshrink grout. Pack grout solidly between bearing surfaces and plates to ensure that no voids remain.

3.6 ADJUSTING AND CLEANING

A. Touchup Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas. Paint uncoated and abraded areas with the same material as used for shop painting to comply with SSPC-PA 1 for touching up shop-painted surfaces.

1. Apply by brush or spray to provide a minimum 2.0-mil dry film thickness.

B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint are specified.

C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M.



GOODWYN, MILLS & CAWOOD, INC. METAL GRATING STAIRS GMC PROJECT NO. CMGM170037 05 51 19 - 1 of 5

SECTION 05 51 19 - METAL GRATING STAIRS

PART 1 - GENERAL




1. Section 05 52 13 Pipe and Tube Railings 2. Section 05 53 13 Bar Gratings

1.2 SUMMARY

A. Section includes industrial-type, straight-run stairs with aluminum-grating treads and railings attached to aluminum grating stairs.

1.3 COORDINATION

A. Coordinate selection of shop primers with topcoats to be applied over them. Comply with paint and coating manufacturers' written instructions to ensure that shop primers and topcoats are compatible with one another.

B. Coordinate installation of anchorages for metal stairs. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

C. Coordinate pipes and other various mechanical devices that may conflict with the structural stairway. Modify stair structure to accommodate and approve modifications with the Engineer.


A. Product Data: For metal grating stairs and the following:

1. Paint products. 2. Grout.

B. Shop Drawings: Include plans, elevations, sections, details, and attachments.

C. Delegated-Design Submittal: For stairs, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.




A. Welding certificates.


A. Installer Qualifications: Fabricator of products.

B. Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel."

PART 2 - PRODUCTS


A. Delegated Design: Engage a qualified professional engineer, as defined in Section 01 40 00 "Quality Requirements," to design stairs and railings.

B. Structural Performance of Stairs: Metal stairs shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated:

1. Uniform Load: 125 lbf/sq. ft. 2. Concentrated Load: 300 lbf applied on an area of 4 sq. in. 3. Uniform and concentrated loads need not be assumed to act concurrently. 4. Stair Framing: Capable of withstanding stresses resulting from railing loads in addition to

loads specified above. 5. Limit deflection of treads, platforms, and framing members to L/360.

C. Seismic Performance of Stairs: Metal stairs shall withstand the effects of earthquake motions determined according to ASCE/SEI 7.

1. Component Importance Factor: 1.5.

2.2 METALS

A. Metal Surfaces, General: Provide materials with smooth, flat surfaces unless otherwise indicated. For components exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes.

B. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M.

C. Rolled-Steel Floor Plate: ASTM A 786/A 786M, rolled from plate complying with ASTM A 36/A 36M or ASTM A 283/A 283M, Grade C or D.

D. Steel Bars for Grating Treads: ASTM A 36/A 36M or steel strip, ASTM A 1011/A 1011M or ASTM A 1018/A 1018M.

E. Wire Rod for Grating Crossbars: ASTM A 510.



F. Cast Iron: Either gray iron, ASTM A 48/A 48M, or malleable iron, ASTM A 47/A 47M, unless otherwise indicated.

G. Cast-Abrasive Nosings: Cast iron, with an integral abrasive, as-cast finish consisting of aluminum oxide, silicon carbide, or a combination of both.

2.3 FASTENERS

A. General: Provide zinc-plated fasteners with coating complying with ASTM B 633 or ASTM F 1941, Class Fe/Zn 12 for exterior use, and Class Fe/Zn 5 where built into exterior walls. Select fasteners for type, grade, and class required.

B. Bolts and Nuts: Regular hexagon-head bolts, ASTM A 307, Grade A; with hex nuts, ASTM A 563; and, where indicated, flat washers.

C. Anchor Bolts: ASTM F 1554, Grade 36, of dimensions indicated; with nuts, ASTM A 563; and, where indicated, flat washers.

1. Provide mechanically deposited or hot-dip, zinc-coated anchor bolts for exterior stairs.

D. Post-Installed Anchors: Torque-controlled expansion anchors capable of sustaining, without failure, a load equal to six times the load imposed when installed in unit masonry and four times the load imposed when installed in concrete, as determined by testing according to ASTM E 488/E 488M, conducted by a qualified independent testing agency.

1. Material for Interior Locations: Carbon-steel components zinc plated to comply with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, unless otherwise indicated.



A. Galvanizing Repair Paint: High-zinc-dust-content paint complying with SSPC-Paint 20 and compatible with paints specified to be used over it.

B. Nonshrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107/C 1107M. Provide grout specifically recommended by manufacturer for interior and exterior applications.

2.5 FABRICATION, GENERAL

A. Provide complete stair assemblies, including metal framing, hangers, clips, brackets, bearing plates, and other components necessary to support and anchor stairs and platforms on supporting structure.

1. Join components by welding unless otherwise indicated. 2. Use connections that maintain structural value of joined pieces.

B. Form exposed work with accurate angles and surfaces and straight edges.



C. Weld connections to comply with the following:


2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. Weld exposed corners and seams continuously unless otherwise indicated. 5. At exposed connections, finish exposed welds to comply with NOMMA's "Voluntary

Joint Finish Standards" for Type 4 welds: good quality, uniform undressed weld with minimal splatter.

D. Fabricate joints that are exposed to weather in a manner to exclude water. Provide weep holes where water may accumulate.

2.6 STEEL-FRAMED STAIRS

A. NAAMM Stair Standard: Comply with "Recommended Voluntary Minimum Standards for Fixed Metal Stairs" in NAAMM AMP 510, "Metal Stairs Manual," Industrial Class, unless more stringent requirements are indicated.

B. Stair Framing:

1. Fabricate stringers of steel plates or channels.

a. Provide closures for exposed ends of channel stringers.

2. Construct platforms of steel plate or channel headers and miscellaneous framing members as needed to comply with performance requirements.

3. Weld or bolt stringers to headers; weld or bolt framing members to stringers and headers.

C. Metal Bar-Grating Stairs: Form treads and platforms to configurations shown from metal bar grating; fabricate and comply with bar grating as specified.

1. Fabricate treads and platforms from aluminum bar grating.

2.7 STAIR RAILINGS

A. Comply with applicable requirements in Section 05 52 13 "Pipe and Tube Railings."

2.8 FINISHES

A. Finish metal stairs after assembly.

B. Galvanizing: Hot-dip galvanize items as indicated to comply with ASTM A 153/A 153M for steel and iron hardware and with ASTM A 123/A 123M for other steel and iron products.



PART 3 - EXECUTION


A. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for securing metal stairs to in-place construction. Include threaded fasteners for concrete and masonry inserts, through-bolts, lag bolts, and other connectors.

B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal stairs. Set units accurately in location, alignment, and elevation, measured from established lines and levels and free of rack.

C. Field Welding: Comply with requirements for welding in "Fabrication, General" Article.

3.2 INSTALLING METAL STAIRS WITH GROUTED BASEPLATES

A. Clean concrete and masonry bearing surfaces of bond-reducing materials, and roughen to improve bond to surfaces. Clean bottom surface of baseplates.

B. Set steel-stair baseplates on wedges, shims, or leveling nuts. After stairs have been positioned and aligned, tighten anchor bolts. Do not remove wedges or shims, but if protruding, cut off flush with edge of bearing plate before packing with grout.

1. Use nonmetallic, nonshrink grout unless otherwise indicated. 2. Pack grout solidly between bearing surfaces and plates to ensure that no voids remain.


A. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M.




GOODWYN, MILLS & CAWOOD, INC. PIPE AND TUBE RAILINGS GMC PROJECT NO. CMGM170037 05 52 13 - 1 of 8

SECTION 05 52 13 - PIPE AND TUBE RAILINGS

PART 1 - GENERAL



1.2 SUMMARY

A. Section Includes: 1. Aluminum pipe and tube railings.


1. Section 05 50 00 "Metal Fabrications" 2. Section 05 51 19 "Metal Grating Stairs"

1.3 COORDINATION

A. Coordinate selection of shop primers with topcoats to be applied over them. Comply with paint and coating manufacturers' written recommendations to ensure that shop primers and topcoats are compatible with one another.

B. Coordinate installation of anchorages for railings. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

C. Schedule installation so wall attachments are made only to completed walls. Do not support railings temporarily by any means that do not satisfy structural performance requirements.

D. Coordinate railings with gate and valve operators, as well as electrical components.



1. Manufacturer's product lines of mechanically connected railings. 2. Railing brackets. 3. Grout, anchoring cement, and paint products.

B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other work.



C. Samples: For each type of exposed finish required.

1. Sections of each distinctly different linear railing member, including handrails, top rails, and posts.

2. Fittings and brackets.

D. Delegated-Design Submittal: For railings, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.


A. Qualification Data: For testing agency.

B. Welding certificates.

C. Paint Compatibility Certificates: From manufacturers of topcoats applied over shop primers certifying that shop primers are compatible with topcoats.

D. Evaluation Reports: For post-installed anchors, from ICC-ES.


A. Welding Qualifications: Qualify procedures and personnel according to the following:

1. AWS D1.1/D1.1M, "Structural Welding Code - Steel." 2. AWS D1.2/D1.2M, "Structural Welding Code - Aluminum." 3. AWS D1.6/D1.6M, "Structural Welding Code - Stainless Steel."


A. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping.


A. Field Measurements: Verify actual locations of walls and other construction contiguous with metal fabrications by field measurements before fabrication.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Aluminum Pipe and Tube Railings:




a. ATR Technologies, Inc. b. Thompson Fabricating, LLC. c. Tubular Specialties Manufacturing, Inc.

B. Source Limitations: Obtain each type of railing from single source from single manufacturer.


A. Delegated Design: Engage a qualified professional engineer, as defined in Section 014000 "Quality Requirements," to design railings, including attachment to building or structural construction.

B. Structural Performance: Railings, including attachment to building construction, shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated:

C. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes.

1. Temperature Change: 120 deg F, ambient; 180 deg F.

2.3 METALS, GENERAL

A. Metal Surfaces, General: Provide materials with smooth surfaces, without seam marks, roller marks, rolled trade names, stains, discolorations, or blemishes.

B. Brackets, Flanges, and Anchors: Cast or formed metal of same type of material and finish as supported rails unless otherwise indicated.

1. Provide type of bracket with flange tapped for concealed anchorage to threaded hanger bolt and that provides 1-1/2-inch clearance from inside face of handrail to finished wall surface.

2.4 ALUMINUM

A. Aluminum, General: Provide alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with not less than the strength and durability properties of alloy and temper designated below for each aluminum form required.

B. Extruded Bars and Tubing: ASTM B 221, Alloy 6063-T5/T52.

C. Extruded Structural Pipe and Round Tubing: ASTM B 429/B 429M, Alloy 6063-T6.

1. Provide Standard Weight (Schedule 40) pipe unless otherwise indicated.







D. Drawn Seamless Tubing: ASTM B 210, Alloy 6063-T832.

E. Plate and Sheet: ASTM B 209, Alloy 6061-T6.

F. Die and Hand Forgings: ASTM B 247, Alloy 6061-T6.

G. Castings: ASTM B 26/B 26M, Alloy A356.0-T6.

2.5 FASTENERS

A. General: Provide the following:

1. Aluminum Railings: Type 316 stainless-steel fasteners. 2. Provide exposed fasteners with finish matching appearance, including color and texture,

of railings.

B. Fasteners for Anchoring Railings to Other Construction: Select fasteners of type, grade, and class required to produce connections suitable for anchoring railings to other types of construction indicated and capable of withstanding design loads.

C. Fasteners for Interconnecting Railing Components:

1. Provide concealed fasteners for interconnecting railing components and for attaching them to other work, unless exposed fasteners are unavoidable or are the standard fastening method for railings indicated.

2. Provide Phillips OR square or hex socket flat-head machine screws for exposed fasteners unless otherwise indicated.

D. Post-Installed Anchors: Torque-controlled expansion anchors capable of sustaining, without failure, a load equal to 6 times the load imposed when installed in unit masonry and 4 times the load imposed when installed in concrete, as determined by testing according to ASTM E 488/E 488M, conducted by a qualified independent testing agency.

1. Material for Interior Locations: Carbon-steel components zinc-plated to comply with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, unless otherwise indicated.



A. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy welded.

1. For aluminum railings, provide type and alloy as recommended by producer of metal to be welded and as required for color match, strength, and compatibility in fabricated items.



B. Nonshrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107/C 1107M. Provide grout specifically recommended by manufacturer for interior and exterior applications.

C. Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-controlled expansion cement formulation for mixing with water at Project site to create pourable anchoring, patching, and grouting compound.

1. Water-Resistant Product: At exterior locations provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating and that is recommended by manufacturer for exterior use.

2.7 FABRICATION

A. General: Fabricate railings to comply with requirements indicated for design, dimensions, member sizes and spacing, details, finish, and anchorage, but not less than that required to support structural loads.

B. Shop assemble railings to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation. Use connections that maintain structural value of joined pieces.

C. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch unless otherwise indicated. Remove sharp or rough areas on exposed surfaces.

D. Form work true to line and level with accurate angles and surfaces.

E. Fabricate connections that are exposed to weather in a manner that excludes water. Provide weep holes where water may accumulate.

F. Cut, reinforce, drill, and tap as indicated to receive finish hardware, screws, and similar items.

G. Connections: Fabricate railings with either welded or nonwelded connections unless otherwise indicated.

H. Welded Connections for Aluminum Pipe: Fabricate railings to interconnect members with concealed internal welds that eliminate surface grinding, using manufacturer's standard system of sleeve and socket fittings.

I. Nonwelded Connections: Connect members with concealed mechanical fasteners and fittings. Fabricate members and fittings to produce flush, smooth, rigid, hairline joints.

J. Form Changes in Direction as Follows:

1. As detailed. 2. By flush bends or by inserting prefabricated flush-elbow fittings.

K. Close exposed ends of railing members with prefabricated end fittings.



L. Provide wall returns at ends of wall-mounted handrails unless otherwise indicated. Close ends of returns unless clearance between end of rail and wall is 1/4 inch or less.

M. Brackets, Flanges, Fittings, and Anchors: Provide wall brackets, flanges, miscellaneous fittings, and anchors to interconnect railing members to other work unless otherwise indicated.

N. Provide inserts and other anchorage devices for connecting railings to concrete or masonry work. Fabricate anchorage devices capable of withstanding loads imposed by railings. Coordinate anchorage devices with supporting structure.

O. For railing posts set in concrete, provide stainless-steel sleeves not less than 6 inches long with inside dimensions not less than 1/2 inch greater than outside dimensions of post, with metal plate forming bottom closure.

P. For removable railing posts, fabricate slip-fit sockets from stainless-steel tube or pipe whose ID is sized for a close fit with posts; limit movement of post without lateral load, measured at top, to not more than one-fortieth of post height. Provide socket covers designed and fabricated to resist being dislodged.

1. Provide chain with eye, snap hook, and staple across gaps formed by removable railing sections at locations indicated. Fabricate from same metal as railings.

Q. Toe Boards: Where indicated or required by OSHA, provide toe boards at railings around openings and at edge of open-sided floors and platforms. Fabricate to dimensions and details indicated.


A. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are unacceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast.

B. Clear Anodic Finish: AAMA 611, AA-M12C22A31.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine plaster and gypsum board assemblies, where reinforced to receive anchors, to verify that locations of concealed reinforcements are clearly marked for Installer. Locate reinforcements and mark locations if not already done.


A. Fit exposed connections together to form tight, hairline joints.



B. Perform cutting, drilling, and fitting required for installing railings. Set railings accurately in location, alignment, and elevation; measured from established lines and levels and free of rack.

1. Do not weld, cut, or abrade surfaces of railing components that are coated or finished after fabrication and that are intended for field connection by mechanical or other means without further cutting or fitting.

2. Set posts plumb within a tolerance of 1/16 inch in 3 feet. 3. Align rails so variations from level for horizontal members and variations from parallel

with rake of steps and ramps for sloping members do not exceed 1/4 inch in 12 feet.

C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials.

1. Coat, with a heavy coat of bituminous paint, concealed surfaces of aluminum that are in contact with grout, concrete, masonry, wood, or dissimilar metals.

D. Adjust railings before anchoring to ensure matching alignment at abutting joints.

E. Fastening to In-Place Construction: Use anchorage devices and fasteners where necessary for securing railings and for properly transferring loads to in-place construction.

3.3 RAILING CONNECTIONS

A. Nonwelded Connections: Use mechanical or adhesive joints for permanently connecting railing components. Seal recessed holes of exposed locking screws using plastic cement filler colored to match finish of railings.

B. Expansion Joints: Install expansion joints at locations indicated but not farther apart than required to accommodate thermal movement. Provide slip-joint internal sleeve extending 2 inches beyond joint on either side, fasten internal sleeve securely to one side, and locate joint within 6 inches of post.

3.4 ANCHORING POSTS

A. Use metal sleeves preset and anchored into concrete for installing posts. After posts are inserted into sleeves, fill annular space between post and sleeve with nonshrink, nonmetallic grout or anchoring cement, mixed and placed to comply with anchoring material manufacturer's written instructions.

B. Cover anchorage joint with flange of same metal as post, attached to post with set screws.

C. Leave anchorage joint exposed with anchoring material flush with adjacent surface.

D. Anchor posts to metal surfaces with oval flanges, angle type, or floor type as required by conditions, connected to posts and to metal supporting members as follows:

1. For aluminum pipe railings, attach posts using fittings designed and engineered for this purpose.



E. Install removable railing sections, where indicated, in slip-fit metal sockets cast in concrete.

3.5 ATTACHING RAILINGS

A. Secure wall brackets and railing end flanges to building construction as follows:

1. For concrete and solid masonry anchorage, use drilled-in expansion shields and hanger or lag bolts.

2. For hollow masonry anchorage, use toggle bolts. 3. For wood stud partitions, use hanger or lag bolts set into studs or wood backing between

studs. Coordinate with carpentry work to locate backing members. 4. For steel-framed partitions, use toggle bolts installed through flanges of steel framing or

through concealed steel reinforcements.


A. Clean aluminum by washing thoroughly with clean water and soap and rinsing with clean water.

3.7 PROTECTION

A. Protect finishes of railings from damage during construction period with temporary protective coverings approved by railing manufacturer. Remove protective coverings at time of Substantial Completion.



GOODWYN, MILLS & CAWOOD, INC. BAR GRATINGS GMC PROJECT NO. CMGM170037 05 53 13 - 1 of 6

SECTION 05 53 13 - BAR GRATINGS

PART 1 - GENERAL



1.2 SUMMARY

A. Section includes metal bar gratings and metal frames and supports for gratings.


1. Section 05 52 13 "Pipe and Tube Railings" for metal pipe and tube handrails and railings. 2. Section 05 51 19 “Metal Grating Stairs”

1.3 COORDINATION

A. Coordinate installation of anchorages for gratings, grating frames, and supports. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.



1. Clips and anchorage devices for gratings. 2. Paint products.

B. Shop Drawings: Include plans, sections, details, and attachments to other work.

C. Delegated-Design Submittal: For gratings, including manufacturers' published load tables.


A. Mill Certificates: Signed by manufacturers of stainless steel certifying that products furnished comply with requirements.

B. Welding certificates.




A. Welding Qualifications: Qualify procedures and personnel according to the following:

1. AWS D1.1/D1.1M, "Structural Welding Code - Steel." 2. AWS D1.2/D1.2M, "Structural Welding Code - Aluminum." 3. AWS D1.3/D1.3M, "Structural Welding Code - Sheet Steel." 4. AWS D1.6/D1.6M, "Structural Welding Code - Stainless Steel."


A. Field Measurements: Verify actual locations of walls and other construction contiguous with gratings by field measurements before fabrication.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

1. Alabama Metal Industries Company; a Gibraltar Industries company. 2. All American Grating. 3. Harsco Industrial IKG, a division of Harsco Corporation. 4. Ohio Gratings, Inc. 5. Or Approved Equivalent


A. Structural Performance: Gratings shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated:

1. Floors: Uniform load of 150 lbf/sq. ft. or concentrated load of 2000 lbf, whichever produces the greater stress.

2. Walkways and Elevated Platforms Used as Exits: Uniform load of 125 lbf/sq. ft. 3. Heavy Equipment Room Floors: 300 lbf/sq. ft. or concentrated load of 3000 lbf,

whichever produces the greater stress. 4. Electrical Room Floors: 250 lbf/sq. ft. or concentrated load of 2500 lbf, whichever

produces the greater stress. 5. Limit deflection to L/360 or 1/4 inch, whichever is less.

B. Seismic Performance: Gratings shall withstand the effects of earthquake motions determined according to ASCE/SEI 7.

1. Component Importance Factor: 1.5.








2.3 METAL BAR GRATINGS

A. Metal Bar Grating Standards: Comply with NAAMM MBG 531, "Metal Bar Grating Manual."

B. Pressure-Locked, Rectangular-Bar Aluminum Grating: Fabricated by pressing rectangular flush-top crossbars into slotted bearing bars or swaging crossbars between bearing bars.

1. Bearing Bar Spacing: 11/16 inch o.c. 2. Bearing Bar Depth: As required to comply with structural performance requirements. 3. Bearing Bar Thickness: As required to comply with structural performance requirements. 4. Crossbar Spacing: 4 inches o.c. 5. Traffic Surface: Plain. 6. Aluminum Finish: Class I, clear, anodized finish.

2.4 FERROUS METALS

A. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M.

B. Steel Bars for Bar Gratings: ASTM A 36/A 36M or steel strip, ASTM A 1011/A 1011M or ASTM A 1018/A 1018M.

C. Wire Rod for Bar Grating Crossbars: ASTM A 510.

D. Uncoated Steel Sheet: ASTM A 1011/A 1011M, structural steel, Grade 30.

E. Galvanized-Steel Sheet: ASTM A 653/A 653M, structural quality, Grade 33, with G90 coating.

F. Stainless-Steel Sheet, Strip, Plate, and Flat Bars: ASTM A 240/A 240M, Type 316L.

G. Stainless-Steel Bars and Shapes: ASTM A 276, Type 316L.

2.5 ALUMINUM

A. General: Provide alloy and temper recommended by aluminum producer for type of use indicated, with not less than the strength and durability properties of alloy, and temper designated below for each aluminum form required.

B. Extruded Bars and Shapes: ASTM B 221, alloys as follows:

1. 6061-T6 or 6063-T6, for bearing bars of gratings and shapes. 2. 6061-T1, for grating crossbars.

C. Aluminum Sheet: ASTM B 209, Alloy 5052-H32.

2.6 FASTENERS

A. General: Unless otherwise indicated, provide Type 316 stainless-steel fasteners for exterior use. Select fasteners for type, grade, and class required.



1. Provide stainless-steel fasteners for fastening aluminum. 2. Provide stainless-steel fasteners for fastening stainless steel.

B. Stainless-Steel Bolts and Nuts: Regular hexagon-head annealed stainless-steel bolts, nuts, and, where indicated, flat washers; ASTM F 593 for bolts and ASTM F 594 for nuts, Alloy Group 2.

C. Post-Installed Anchors: Torque-controlled expansion anchors capable of sustaining, without failure, a load equal to six times the load imposed when installed in unit masonry and four times the load imposed when installed in concrete, as determined by testing according to ASTM E 488/E 488M, conducted by a qualified independent testing agency.

1. Material for All Locations and Where Stainless Steel Is Indicated: Alloy Group 2 stainless-steel bolts, ASTM F 593, and nuts, ASTM F 594.

2.7 FABRICATION

A. Shop Assembly: Fabricate grating sections in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation.

B. Cut, drill, and punch material cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch unless otherwise indicated. Remove sharp or rough areas on exposed surfaces.

C. Form from materials of size, thickness, and shapes indicated, but not less than that needed to support indicated loads.

D. Fit exposed connections accurately together to form hairline joints.

E. Provide for anchorage of type indicated; coordinate with supporting structure. Fabricate and space the anchoring devices to secure gratings, frames, and supports rigidly in place and to support indicated loads.

1. Fabricate toeplates for attaching in the field. 2. Toeplate Height: 4 inches unless otherwise indicated.

F. Removable Grating Sections: Fabricate with banding bars attached by welding to entire perimeter of each section. Include anchors and fasteners of type indicated or, if not indicated, as recommended by manufacturer for attaching to supports.

1. Provide no fewer than four weld lugs for each heavy-duty grating section, with each lug shop welded to two bearing bars.

2. Provide no fewer than four saddle clips for each grating section containing rectangular bearing bars 3/16 inch or less in thickness and spaced 15/16 inch or more o.c., with each clip designed and fabricated to fit over two bearing bars.

3. Provide no fewer than four weld lugs for each grating section containing rectangular bearing bars 3/16 inch or less in thickness and spaced less than 15/16 inch o.c., with each lug shop welded to three or more bearing bars. Interrupt intermediate bearing bars as necessary for fasteners securing grating to supports.



4. Provide no fewer than four flange blocks for each section of aluminum I-bar grating, with block designed to fit over lower flange of I-shaped bearing bars.

5. Furnish stainless steel flange clamp with galvanized bolt for securing grating to supports. Furnish as a system designed to be installed from above grating by one person.

G. Fabricate cutouts in grating sections for penetrations indicated. Arrange cutouts to permit grating removal without disturbing items penetrating gratings.

1. Edge-band openings in grating that interrupt four or more bearing bars with bars of same size and material as bearing bars.

H. Do not notch bearing bars at supports to maintain elevation.

2.8 GRATING FRAMES AND SUPPORTS

A. Aluminum or stainless-steel frames and supports in the following locations:

1. Exterior. 2. Interior.


A. Clear Anodic Finish: AAMA 611, AA-M12C22A41, Class I.

B. The portion of aluminum frames in contact with concrete shall have a bitumastic coating for protection.

PART 3 - EXECUTION


A. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for securing gratings to in-place construction. Include threaded fasteners for concrete and masonry inserts, through-bolts, lag bolts, and other connectors.

B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing gratings. Set units accurately in location, alignment, and elevation; measured from established lines and levels and free of rack.

C. Provide temporary bracing or anchors in formwork for items that are to be built into concrete or masonry.

D. Fit exposed connections accurately together to form hairline joints.

E. Attach toeplates to gratings by welding at locations indicated.

F. Field Welding: Comply with AWS recommendations and the following:




2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately.

G. Corrosion Protection: Coat concealed surfaces of aluminum that will come into contact with grout, concrete, masonry, wood, or dissimilar metals, with a heavy coat of bituminous paint.

3.2 INSTALLING METAL BAR GRATINGS

A. General: Install gratings to comply with recommendations of referenced metal bar grating standards that apply to grating types and bar sizes indicated, including installation clearances and standard anchoring details.

B. Attach removable units to supporting members with type and size of clips and fasteners indicated or, if not indicated, as recommended by grating manufacturer for type of installation conditions shown.

C. Attach nonremovable units to supporting members by welding where both materials are same; otherwise, fasten by bolting as indicated above.


A. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M.



GOODWYN, MILLS & CAWOOD, INC. ALUMINUM HATCHES GMC PROJECT NO. CMGM170037 05 60 00 - 1 of 2

SECTION 05 60 00 – ALUMINUM HATCHES

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes:

1. Aluminum roof hatch.




1. Section 05 50 00 – Metal Fabrications

1.3 SUBMITTALS

A. CONTRACTOR shall submit to the ENGINEER for approval:

1. Shop drawings. 2. Product data including load information. 3. Warranties

PART 2 - PRODUCTS

2.1 DRIP PROOF HATCH

A. Floor access doors shall be drip-proof type as manufactured by Thompson Fabricating Company, Birmingham, AL. Door leaf shall be ¼” aluminum checkered plate reinforced with structural aluminum channels and shall be capable of withstanding a 300 pound/s.f. uniform load with minimal deflection. (Calculations will be provided to the ENGINEER upon request.) The following items shall be type 316 stainless steel: slam locks, brackets, hinges and hardware. The door shall have a 316 stainless steel gas spring with integral hold open device which will assist in opening the door and shall lock automatically in the open position. The door shall open a minimum of 90 degrees. The aluminum gutter frame shall be provided with a 1 ½” threaded drain fitting and shall have a thickness not less than ¼” and shall incorporate a neoprene gasket that will reduce air leakage to less than 1 CFM per lineal foot of frame when the interior of the hatch is subjected to a 2 inch water column vacuum. All fasteners which penetrate into the “Dry” area of the hatch shall be sealed with “O” Ring Seals to prevent incidental water and gas


GOODWYN, MILLS & CAWOOD, INC. ALUMINUM HATCHES GMC PROJECT NO. CMGM170037 05 60 00 - 2 of 2

leakage. The portion of the frame which is in contact with the concrete shall receive a protective bituminous coating.

B. All double leaf access doors shall have two interconnected slam locks which latch at both ends of the plate and can be un-latched from a single point. “Watertight” for standard single leaf doors shall be for a 1” to 2” head of water.

C. Manufacturers

1. Thompson Fabricating Company; Birmingham, AL 2. Or Approved Equal

2.2 TRAFFIC LOAD HATCH

A. Floor access doors shall be type “TH-H20” (gutterless) or “THG-H20” (gutter type) (WATERTIGHT, ODORTIGHT and GASTIGHT) as manufactured by Thompson Fabricating Company, Birmingham, AL. Door leaf shall be ¼” aluminum checkered plate reinforced with structural aluminum channels and shall be capable of withstanding wheel loads up to AASHTO-H20 at OFF-STREET locations only. (Calculations will be provided to the engineer upon request.) The following items shall be type 316 stainless steel: slam locks, brackets, hinges and hardware. The door shall have a 316 stainless steel gas spring with integral hold open device which will assist in opening the door and shall lock automatically in the open position. The door shall open a minimum of 90 degrees. The aluminum extruded frame shall have a thickness not less than ¼” and shall incorporate a neoprene gasket that will reduce air leakage to less than 1 CFM per lineal foot of frame when the interior of the hatch is subjected to a 2 inch water column vacuum. For type “THG” doors the gutter frames shall be provided with a 1 ½” threaded drain coupling. All fasteners which penetrate into the “Dry” area of the hatch shall be sealed with “O” Ring Seals to prevent incidental water and gas leakage. The portion of the frame which is in contact with the concrete shall receive a protective bituminous coating.

B. All double leaf access doors shall have two interconnected slam locks with latch at both ends of the plate and can be un-latched from a single point. “Watertight” for single leaf H20 doors shall be for a 1” to 2” head of water.

C. Manufacturers

1. Thompson Fabricating Company; Birmingham, AL 2. Or Approved Equal

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install where shown on the drawings according to manufactures recommendations.



GOODWYN, MILLS & CAWOOD, INC. JOINT SEALANTS GMC PROJECT NO.170037 07 92 00 - 1 of 6

SECTION 07 92 00 – JOINT SEALANTS

PART 1 - GENERAL

1.1 DESCRIPTION OF WORK

A. Work described in this section includes joint sealer systems.




1. Section 03 30 00 – Cast-in-Place Concrete 2. Section 09 96 00 – High-Performance Coatings

1.3 SYSTEM PERFORMANCES

A. Provide joint sealers that have been produced and installed to establish and maintain watertight and airtight continuous seals.

1.4 SUBMITTALS

A. Product Data: Submit manufacturer's product specifications, handling, installation, curing instructions, color charts and performance tested data sheets for each product required.


A. Installer Qualifications: Engage an Installer who has successfully completed within the last three years at least three (3) joint sealer applications similar in type and size to that of this project and who will assign mechanics from these earlier applications to this project, of which one will serve as lead mechanic.

B. Single Source Responsibility for Joint Sealer Materials: Obtain joint sealer materials from a single manufacturer for each different product required.

1.6 DELIVER, STORAGE AND HANDLING

A. Deliver materials to project site in original unopened containers or bundles with labels informing about manufacturer, product name and designation, color, expiration period for use, pot life, curing time and mixing instructions for multi-component materials.

B. Store and handle materials to prevent their deterioration or damage due to moisture, temperature changes, contaminants, or other causes.

1.7 PROJECT CONDITIONS

A. Environmental Conditions: Do not proceed with installation of joint sealers under the following conditions:



1. When ambient and substrate temperature conditions are outside the limits permitted by joint sealer manufacturer or below 40ºF.

2. When joint substrates are wet due to rain, frost, condensation or other causes.

B. Joint Width Conditions: Do not proceed with installation of joint sealers when joint widths are less than allowed by joint sealer manufacturer for application indicated.

PART 2 - PRODUCTS

2.1 MATERIALS, GENERAL

A. Compatibility: Provide joint sealers, joint fillers and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by testing and field experience.

B. Colors: Provide color of exposed joint sealers indicated or, if not otherwise indicated, as selected by from manufacturer's standard colors.

2.2 ELASTOMERIC JOINT SEALANTS

A. Elastomeric Sealant Standard: Provide manufacturer's standard chemically curing, elastomeric sealant of base polymer indicated which complies with ASTM C 920 requirements, including those for Type, Grade, Class and Uses.

B. Multi-Part Nonsag Urethane Sealant: Type M, Grade NS, Class 25, Uses NR, M, A and, as applicable to joint substrates indicated, O.

1. Products: Subject to compliance with requirements, provide one of the following:

a. "Dynatrol 11"' Pecora Corp. b. "Sonolastic NP-2"; Sonneborn. c. "Dymeric 511"; Tremco Inc. d. "Vulkem 922"; Mameco International, Inc.

2. Locations for Use: Exterior joints and penetrations in vertical surfaces of stucco, concrete, and between metal and concrete, mortar of stone; overhead or ceiling joints; perimeters of metal frames in exterior walls; vertical expansion and control joints in masonry and concrete; and at all miscellaneous locations requiring a joint sealant.

3. Equivalent 1-part sealants will be acceptable, by one of the above named manufacturers.

C. Two-Part Pourable Urethane Sealant: Type M, Grade P, Class 25; Uses T, M, A and, as applicable to joint substrates indicated, O.


a. "Chem-Calk 550"; Bostik Construction Product Div. b. "Vulkem 245"; Mameco International, Inc. c. "Pourthane"; W. R. Meadows, Inc. d. "NR-200 Urexpan"; Pecora Corp. e. "Sonolastic Paving Joint Sealant"; Sonneborn Building Products Div., f. "Rexnord Chem. Prod. Inc. g. "THC-900/901"; Tremco Corp.



2. Locations for Use: Exterior and interior expansion, control and construction joints in horizontal surfaces; and joints subject to pedestrian and light vehicular traffic.

3. Equivalent 1-part sealants will be acceptable, by one of the above named manufacturers.

D. One-Part Mildew-Resistant Silicone Sealant: Type S, Grade NS; Class 25, Uses NT, G, A and, as applicable to nonporous joint substrates indicated, O; formulated with fungicide for sealing interior joints with nonporous substrates around ceramic tile, showers, sinks and plumbing fixtures.


a. "Dow-Corning 786"; Dow Corning Corp. b. "SCS 1702"; General Electric. c. "863 #345 White"; Pecora Corp. d. "Proglaze White"; Tremco Corp.

2. Locations for Use: Interior joints in vertical surfaces and terminal edges of tile; and joints at damp areas, such as around sinks and plumbing fixtures and pipe penetrations; and exposed terminal edges of vinyl flooring, such as around door frames and terminations at concrete.

2.3 LATEX JOINT SEALERS

A. Acrylic-Emulsion Sealant: Manufacturer's standard, one part nonsag, acrylic, mildew resistant, acrylic emulsion sealant complying with ASTM C 834, formulated to be paintable and recommended for exposed applications on interior and on protected exterior exposures involving joint movement of not more than + 7.5%.

1. Products: Subject to compliance with requirements, provide with one of the following:

a. "Chem-Calk 600"; Bostik Construction Products Div. b. "AC-20"; Pecora Corp. c. "Sonolac"; Sonneborn Building Products Div; Rexnord Chemical Prod., Inc. d. "Tremco Acrylic Latex Caulk"; Tremco Inc.

2. Locations for Use: Interior joints in field-painted vertical and overhead surfaces at perimeter of metal door frames, gypsum drywall, plaster and concrete or concrete masonry; and all other interior locations not indicated otherwise.

2.4 JOINT SEALANT BACKING

A. General: Provide sealant backings of material and type which are non-staining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.

B. Plastic Foam Joint-Fillers:

1. Preformed, compressible, resilient, non-waxing, non-extruding strips of plastic foam of material indicated below, and of size, shape and density to control sealant depth and otherwise contribute to producing optimum sealant performance.



2. Backer Rod: Premium grade, closed cell polyethylene foam rod; Sealtight Backer Rod, as manufactured by W.R. Meadows, Inc., or approved equal.

3. Joint Filler: "Ceramar" flexible foam expansion joint filler, as manufactured by W.R. Meadows, Inc., or approved equal.

C. Bond Breaker Tape: Polyethylene tape or other plastic tape as recommended by sealant manufacturer for preventing bond between sealant and joint filler or other materials at back (3rd) surface of joint. Provide self-adhesive tape where applicable.


A. Primer: Provide type recommended by joint sealer manufacturer where required for adhesion of sealant to joint substrates indicated.

B. Cleaners for Nonporous Surfaces: Provide non-staining, chemical cleaner of type acceptable to manufacturer of sealant and sealant backing materials which are not harmful to substrates and adjacent nonporous materials.

C. Masking Tape: Provide non-staining, non-absorbent type compatible with joint sealants and to surface adjacent to joints.

PART 3 - EXECUTION

3.1 INSPECTION

A. Require Installer to inspect joints indicated to receive joint sealers for compliance with requirements for joint configuration, installation tolerances and other conditions affecting joint sealer performance. Obtain Installer's written report listing any conditions detrimental to performance of joint sealer work. Do not allow joint sealer work to proceed until unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealers to comply with recommendations of joint sealer manufacturers and the following requirements:

1. Remove all foreign material from joint substrates which could interfere with adhesion of joint sealer, including dust; paints, except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer; oil; grease; waterproofing; water repellents; water; surface dirt and frost.

2. Clean concrete, masonry, unglazed surfaces of ceramic tile and similar porous joint substrate surfaces, by brushing, grinding, blast cleaning, mechanical abrading, acid washing or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealers. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out joints with oil-free compressed air.

3. Remove laitance and form release agents from concrete. 4. Clean metal, glass, porcelain enamel, glazed surfaces of ceramic tile and other non-

porous surfaces by chemical cleaners or other means which are not harmful to substrates or leave residues capable of interfering with adhesion of joint sealers.

B. Joint Priming: Prime joint substrates where indicated or where recommended by joint sealer manufacturer based on preconstruction joint sealer-substrate tests or prior experience. Apply



primer to comply with joint sealer manufacturer's recommendations. Confine primers to areas of joint sealer bond, do not allow spillage or migration onto adjoining surfaces.

C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces which otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal.

3.3 INSTALLATION OF JOINT SEALERS

A. General: Comply with joint sealer manufacturer's printed installation instructions applicable to products and applications indicated, except where more stringent requirements apply.

B. Elastomeric Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications and conditions indicated.

C. Latex Sealant Installation Standard: Comply with requirements of ASTM C 790 for use of latex sealants.

D. Installation of Sealant Backings:

1. Install sealant backings to comply with the following requirements: 2. Install joint-fillers of type indicated or recommended by sealant manufacturer to provide

support of sealants during application and at position required to produce the cross-sectional shapes and depths of installed sealants relative to joint widths which allow optimum sealant movement capability.

a. Do not leave gaps between ends of joint-fillers. b. Do not stretch, twist, puncture or tear joint-fillers. c. Remove absorbent joint-fillers which have become wet prior to sealant application

and replace with dry material.

3. Install bond breaker tape between sealants and joint-fillers, compression seals or back of joints where required to prevent third-side adhesion of sealant to back of joint.

E. Installation of Sealants: Install sealants by proven techniques that result in sealants directly contacting and fully wetting joint substrates, completely filling recesses provided for each joint configuration and providing uniform, cross-sectional shapes and depths relative to joint widths which allow optimum sealant movement capability.

F. Tooling of Nonsag Sealants: 1. Immediately after sealant application and prior to time skinning or curing begins, tool

sealants to form smooth, uniform beads of configuration indicated, to eliminate air pockets and to ensure contact and adhesion of sealant with sides of joint. Remove excess sealants from surfaces adjacent to joint. Do not use tooling agents which discolor sealants or adjacent surfaces or are not approved by sealant manufacturer.

2. Concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated.

3.4 PROTECTION AND CLEANING

A. Protect joint sealers during and after curing period from contact with contaminating substances or from damage resulting from construction operations or other causes so that they are without deterioration or damage at time of substantial completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealers immediately and reseal joints with new materials to produce joint sealer installations with repaired areas indistinguishable from original work.



B. Clean off excess sealants or sealant smears adjacent to joints as work progresses by methods and with cleaning materials approved by manufacturers of joint sealers and of products in which joints occur.

1. Sound sealant shall not be visible on exposed surfaces.



GOODWYN, MILLS & CAWOOD, INC. HIGH PERFORMANCE COATINGS GMC PROJECT NO. CMGM170037 09 96 00 - 1 of 24

SECTION 09 96 00 - HIGH-PERFORMANCE COATINGS

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: High-performance coatings and special preparation of surfaces.

1. Use high performance coating systems specified in this section to finish water tank components, unless otherwise indicated. Without restricting volume or generality, work to be performed under this section may include, but is not limited to: a. Exterior steel b. Interior steel c. Exterior concrete d. Interior concrete e. Piping, hangers, and supports f. Exposed bare pipes (including color coding)

2. Painting or finishing is not needed for following: a. Surfaces or materials specifically scheduled or shown on Drawings to remain

unfinished b. Items provided with factory finish. c. Equipment nameplates, fire rating labels, and operating parts of equipment

3. Materials and products having factory-applied primer shall not be considered factory finished.


A. American Society for Testing and Materials:

1. ASTM B117 - Test Method for Salt Spray (fog) Testing 2. ASTM D16 - Terminology Relating to Paint, Varnish, Lacquer, and Related Products 3. ASTM D149 - Test Method for Dielectric Breakdown Voltage and Dielectric Strength of

Solid Electrical Insulating Materials at Commercial Power Frequencies 4. ASTM D522 - Test Methods for Mandrel Bend Test of Attached Organic Coatings 5. ASTM D870 - Practice for Testing Water Resistance of Coatings Using Water Immersion 6. ASTM D1014 - Practice for Conducting Exterior Exposure Tests of Paints on Steel 7. ASTM D1653 - Test Methods for Water Vapor Transmission of Organic Coating Films 8. ASTM D2794 - Test Method for Resistance of Organic Coatings to the Effects of Rapid

Deformation (Impact) 9. ASTM D3273 - Test Method for Resistance to Growth of Mold on the Surface of Interior

Coatings in an Environmental Chamber 10. ASTM D3359 - Test Method for Measuring Adhesion by Tape Test 11. ASTM D3363 - Test for Film Hardness by Pencil Test 12. ASTM D4060 - Test Method for Abrasion of Organic Coatings by the Taber Abrader 13. ASTM D4141 - Practice for Conducting Accelerated Outdoor Exposure Tests of

Coatings



14. ASTM D4263 - Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method.

15. ASTM D4541 - Test Method for Pull-Out Strength of Coatings Using Portable Adhesion-Testers

16. ASTM D4585 - Practice for Testing the Water Resistance of Coatings Using Controlled Condensation

17. ASTM E84 - Test Methods for Surface Burning Characteristics of Building Materials 18. ASTM G8 - Test Methods for Cathodic Disbonding of Pipeline Coatings 19. ASTM G53 - Practice for Operating Light-and-Water-Exposure Apparatus (Fluorescent

UV-Condensation Type) for Exposure of Nonmetallic Materials. 20. ASTM G 210 – Standard Practice for Operating Severe Waste Water Analysis Testing

Apparatus.

B. SSPC: The Society for Protective Coatings:

1. SSPC - Painting Manual, Volume 2: Systems and Specifications. 2. SSPC-Paint 16 - Coal Tar Epoxy-Polyamide Black (or Dark Red). 3. SSPC-SP 2 - Hand Tool Cleaning. 4. SSPC-SP 3 - Power Tool Cleaning. 5. SSPC-SP 5 - White Metal Blast Cleaning. 6. SSPC-SP 6 - Commercial Blast Cleaning. 7. SSPC-SP 7 - Brush-Off Blast Cleaning. 8. SSPC-SP 10 - Near-White Metal Blast Cleaning. 9. SSPC-SP 11 - Power Tool Cleaning to Bare Metal.

1.3 PREINSTALLATION MEETINGS

A. Section 01 31 00 – Project Management and Coordination.

B. Convene minimum two weeks prior to commencing Work of this Section.

C. Schedule a conference and inspection to be held on-site before field application of coating systems begins.

D. Conference shall be attended by CONTRACTOR, OWNER'S Representative, ENGINEER, coating applicators, and a representative of coating material manufacturer.

E. Topics to be discussed at meeting shall include: 1. A review of Contract Documents and accepted shop drawings shall be made and

deviations or differences shall be resolved. 2. Review items such as environmental conditions, surface conditions, surface preparation,

application procedures, and protection following application. 3. Establish which areas on-site will be available for use as storage areas and working area

F. Pre-construction conference and inspection shall serve to clarify Contract Documents, application requirements and what work should be completed before coating application can begin.



1.4 SUBMITTALS


B. Product Data:

1. Submit manufacturer information indicating coating materials, manufacturer’s name, product name, product number, performance ratings, curing times, mixing, thinning and application requirements. a. Provide material analysis, including vehicle type and percentage by weight and by

volume of vehicle, resin and pigment. b. Submit manufacturer's Material Safety Data Sheets (MSDS) and other safety

requirements.

C. Samples: Submit one color chart/color samples, illustrating colors for selection.

D. Schedule: Contractor shall submit a schedule of items that will receive high-performance coatings per Specification 09 96 00.

E. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.

F. Manufacturer Instructions: Submit special procedures, perimeter conditions requiring special attention.

G. Quality Assurance Submittals:

1. Test Reports: a. Provide certified test reports, prepared by an independent testing laboratory,

confirming compliance with specified performance criteria. 2. Certificates:

a. Coatings manufacturer shall certify that coating materials utilized are "non-lead" (less than 0.06% lead by weight in dried film) as defined in Part 1303 of Consumer Product Safety Act.

b. Provide certification that specialized equipment as may be required by manufacturer for proper application of coating materials shall be utilized for work of this Section.

c. Provide manufacturer's certification that products to be used comply with specified requirements and are suitable for intended application.

3. Manufacturer's Instructions: a. Submit manufacturer's installation procedures which shall be basis for accepting or

rejecting actual installation procedures.

H. Qualifications Statements:

1. Submit qualifications for manufacturer and applicator. 2. Submit manufacturer's approval of applicator.


A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for submittals.



B. Operation and Maintenance Data: Submit maintenance and cleaning requirements for coatings, repair and patching techniques.

1.6 MAINTENANCE MATERIAL SUBMITTALS

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for maintenance materials.

B. Extra Stock Materials:

1. Furnish 1 gal of each color of each type of coating specified, for Owner's maintenance use.

2. Label each container with manufacturer's name, product number, color number, and room names and numbers where used.


A. Conform to applicable codes and ordinances for flame, fuel, smoke, and volatile organic compound (VOC) ratings requirements for finishes at time of application.

1.8 QUALIFICATIONS

A. Provide products from a company specializing in manufacture of high performance coatings with a minimum of 10 years experience.

B. Applicator shall be trained in application techniques and procedures of coating materials and shall demonstrate a minimum of 2 years successful experience in such application. 1. Maintain, throughout duration of application, a crew of painters who are fully qualified to

satisfy specified qualifications.

C. Single Source Responsibility: 1. Materials shall be products of a single manufacturer or items standard with manufacturer

of specified coating materials. 2. Provide secondary materials which are produced or are specifically recommended by

coating system manufacturer to ensure compatibility of system.



B. Container Labeling: Include manufacturer's name, type of coating, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing.

C. Inspection:

1. Accept materials on Site in manufacturer's sealed and labeled containers.



2. Inspect for damage and to verify acceptability.

D. Store materials in ventilated area and otherwise according to manufacturer instructions.

E. Protection:



1.10 AMBIENT CONDITIONS

A. Section 01 50 00 - Temporary Facilities and Controls: Requirements for ambient condition control facilities for product storage and installation.

B. Minimum Conditions: Do not install materials when temperature is below 35 degrees F or above 110 degrees F.

C. Refer to specific product information sheets for minimum surface temperature requirements. Surface temperatures shall be at least 5 degrees F (15 degrees C) above dew point and in a rising mode.

D. Subsequent Conditions: Maintain above temperature range, 24 hours before, during, and 72 hours after installation of coating.

E. Relative humidity shall be no higher than 85%.

F. For exterior spray application, wind velocity shall be less than 15 mph (25 kph).

G. Atmosphere shall be relatively free of airborne dust.

H. Restrict traffic from area where coating is being applied or is curing.

1.11 WARRANTY

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for warranties.

B. Include coverage for bond to substrate, and degradation of chemical resistance.

PART 2 - PRODUCTS

2.1 HIGH-PERFORMANCE COATINGS

A. Manufacturers: 1. Tnemec Company, Inc. 2. Sherwin-Williams Company. 3. Or Approved Equal.

http://www.specagent.com/LookUp/?ulid=7984&mf=04&src=wd



2.2 COMPONENTS

A. Coatings:

1. Description:

a. Complete multicoat systems formulated and recommended by manufacturer for intended applications and in indicated thicknesses.

b. Specified number of coats does not include primer or filler coat.

2. Lead content: None. 3. Chromium Content as Zinc Chromate or Strontium Chromate: None. 4. Maximum VOC Content: As required by applicable regulations. 5. Colors: As selected from manufacturer's standard colors.

B. Epoxy Coating:

1. Modified Polyamine Epoxy a. Usage: A thick film, 100% solids, abrasion-resistant lining designed for

wastewater immersion and fume environments. Provides low permeation to H2S gas, protects against MIC and provides chemical resistance to severe wastewater environments.

b. Exposure: Severe. c. Number of Coats: See schedule. d. Finish: Gloss. e. Minimum Solids Content: 100% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Perma-Glaze, Series 435, as manufactured by Tnemec. h. Primer: See schedule. i. Performance Data Required: ASTM G 210 (H2S AutoClave: 150ºF, Vapor Phase:

500ppm H2S, 10,000 ppm C02, 5,000ppm CH4. Liquid Phase: 4,000 ppm NaCL, 10% H2S04) 28 days exposure. Report initial Impedance (Log Z and Impedance (Log Z) after 28 days exposure.

2. Modified Polyamine Epoxy Mortar a. Usage: A 100% solids, hybrid epoxy mortar designed for severe wastewater

immersion and fume environments. Specifically formulated to withstand high levels of hydrogen sulfide gas (H2S), sulfuric acid (H2SO4), as well as other gases common to sewer exposures. Aggregate reinforcement provides additional resistance to abrasions and impacts.

b. Exposure: Severe. c. Number of Coats: See schedule. d. Finish: Gloss. e. Minimum Solids Content: 100% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Perma-Shield H2S, Series 434, as manufactured by Tnemec. h. Primer: See schedule. i. Performance Data Required: ASTM G 210 (H2S AutoClave: 150ºF, Vapor Phase:

500ppm H2S, 10,000 ppm C02, 5,000ppm CH4. Liquid Phase: 4,000 ppm NaCL, 10% H2S04) 28 days exposure. Report initial Impedance (Log Z and Impedance (Log Z) after 28 days exposure.



3. Glass Flake Modified Polyamine Epoxy a. Usage: Abrasion resistant, high solids, epoxy coating which offers high-build edge

protection and excellent corrosion resistance. Contains glass flake and aluminum oxide for improved film integrity.

b. Exposure: Severe. c. Number of Coats: See schedule. d. Minimum Solids Content: 82.0 ± 2.0% e. Minimum Dry Film Thickness Per Coat: 8 -18 mils DFT f. Epoxoline, Series 142, as manufactured by Tnemec. g. Primer: See schedule. h. System Cross Reference: i. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 10,000 hours, scribed panel. 2. ASTM D 4541: Adhesion 3. ASTM D 968 Abrasion (Falling Sand)

4. Modified Polyamine Epoxy a. Usage: NSF Approved, abrasion resistant, high solids, epoxy coating which offers

high-build edge protection and excellent corrosion resistance. b. Exposure: Severe. c. Number of Coats: See schedule. d. Minimum Solids Content: 82.0 ± 2.0% e. Minimum Dry Film Thickness Per Coat: 4 -18 mils DFT f. Epoxoline, Series 141, as manufactured by Tnemec. g. Primer: See schedule. h. System Cross Reference: i. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 10,000 hours, scribed panel. 2. ASTM D 4541: Adhesion

5. Surface Tolerant Modified Polyamidoamine Epoxy a. Usage: High-build coating with superior wetting for marginally prepared rusty

steel and tightly adhering old coatings. Excellent abrasion-, chemical- and corrosion-resistance. Perfect foundation for aliphatic-polyurethanes. NOT FOR IMMERSION SERVICE.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Finish: Semi-gloss. e. Minimum Solids Content: 84.0 ± 2.0% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Chembuild, Series 135, as manufactured by Tnemec. h. Primer: See schedule.

6. NSF Approved Pure Polyamide Epoxy a. Usage: Potable water coating which offers high-build edge protection and allows

for application at a wide range of temperatures (down to 35°F or 2°C). For use on the interior and exterior of steel or concrete tanks, reservoirs, pipes, valves, pumps and equipment in potable water service.

b. NSF Certification: Yes c. Exposure: Moderate. d. Number of Coats: See schedule.



e. Minimum Solids Content: 56.0 ± 2.0% f. Minimum Dry Film Thickness Per Coat: See schedule. g. Pota-Pox, Series 20 or 20HS, as manufactured by Tnemec. h. Primer: See schedule. i. System Cross Reference: j. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 10,000 hours, scribed panel. 2. ASTM D 4541: Adhesion 3. ASTM D 1653 (Method B), Wet Cup, Condition C (Water Vapor

Transmission)

7. Polyamidoamine Epoxy a. Usage: Potable water and wastewater primer which offers high-build edge

protection and allows for application at a wide range of temperatures (down to 35°F or 2°C). For use on the interior and exterior of steel or concrete tanks, reservoirs, pipes, valves, pumps and equipment in potable water service.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Color: 1211 Red – Ductile Iron Pipe e. Minimum Solids Content: 67.0 ± 2.0% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Pota-Pox Plus, Series N140, as manufactured by Tnemec. h. Primer: See schedule.

8. High-Build Epoxy Coating – Pure Polyamide Epoxy a. Usage: Application characteristics in adverse and varied conditions. b. Exposure: Moderate. c. Number of Coats: See schedule. d. Finish: Satin. e. Minimum Solids Content: 56.0% +/- 2.0% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Hi-Build Epoxoline , Series 66 or 66HS, as manufactured by Tnemec. h. Primer: See schedule. i. System Cross Reference: j. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 10,000 hours, scribed panel. 2. ASTM D 4541: Adhesion 3. ASTM D 1653 (Method B), Wet Cup, Condition C (Water Vapor

Transmission)

9. Waterborne Acrylic Epoxy a. Usage: High performance coating suitable for concrete, steel and other commonly

used building materials. Features include high-build, low odor, non-yellowing white and fade resistant colors; easy cleanup and stain-, abrasion-, chemical- and moisture-resistance. Good exterior performance.

b. Exposure: Moderate c. Number of Coats: See schedule. d. Color: Refer to Tnemec Color Guide. e. Finish: Satin. f. Minimum Solids Content: 44.0 ± 2.0% (mixed)



g. Minimum Dry Film Thickness Per Coat: See schedule. h. H.B. Tneme-Tufcoat, Series 113, as manufactured by Tnemec. i. Primer: See schedule.

10. Modified Polyamine Epoxy

a. Usage: High-solids moisture tolerant epoxy used for priming concrete, wood and drywall. Also as a stand-alone one-coat clear floor sealer.

b. Exposure: c. Number of Coats: See schedule. d. Color: Clear. Can be field-tinted (Series 820 Field Tint) in 16 StrataShield colors

and certain custom colors. e. Minimum Solids Content: 100% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Epoxoprime, Series 201, as manufactured by Tnemec. h. Primer: See schedule.

11. Modified Polyamine Epoxy

a. Usage: A multi-purpose epoxy coating that can be used as a primer, broadcast, slurry/broadcast, mortar, grout coat, and topcoat. Excellent application properties with good flow and self-leveling characteristics. Protects concrete surfaces from impact, abrasion and mild chemicals.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Color: Clear or pigmented. Can be factory or field-tinted (Series 820 Field Tint) in

16 StrataShield colors and certain custom colors. e. Minimum Solids Content: 100% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Power-Tread, Series 237, as manufactured by Tnemec. h. Primer: See schedule.

12. Modified Novolac Epoxy

a. Usage: A multi-purpose resin for fiberglass reinforced mat secondary containment systems. Protects against chemicals, thermal cycling, impact and abrasion.

b. Exposure: Severe/moderate c. Number of Coats: See schedule. d. Color: 00GR Gray. e. Minimum Solids Content: 100% (mixed) f. Minimum Dry Film Thickness Per Coat: See schedule. g. Chembloc, Series 239SC, as manufactured by Tnemec. h. Primer: See schedule.

C. Polyurethane Coating:

1. Modified Aromatic Polyurethane Primer a. Usage: A single component, surface tolerant, NSF approved, moisture-cured resin,

containing micaceous iron oxide and zinc to function as a primer which is field and shop friendly. Exposure: Moderate.

b. Number of Coats: See schedule. c. Color: 1216 Greenish-Gray. d. Minimum Solids Content: 61.0 ± 2.0% (mixed).



e. Minimum Dry Film Thickness Per Coat: See schedule. f. Omnithane, Series 1, as manufactured by Tnemec. g. Primer: See schedule. h. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 10.500 hours, scribed panel. 2. ASTM D 4541 Adhesion

2. Aromatic Urethane, Zinc-Rich Primer a. Usage: A two-component, moisture-cured, zinc-rich urethane primer for the

interior and exterior steel surfaces. Exposure: Moderate. b. Color: Greenish-gray. c. Minimum Solids Content: 63.0 ± 2.0% (mixed). d. Metallic Zinc Content: 83% minimum in dried film. ASTM D 522 Type III Zinc

dust. e. Standard of Quality: Hydro-Zinc, Series 91-H20, as manufactured by Tnemec. f. Primer: See schedule. g. Performance Data Required:

1. ASTM B 117 Salt Spray (Fog): 50,000 hours, scribed panel. 2. ASTM D 4541 Adhesion

3. Aliphatic Acrylic Polyurethane a. Usage: A coating highly resistant to abrasion, wet conditions, corrosive fumes and

exterior weathering. High build quality combines with project specific primers for two-coat, labor saving systems. Fast curing options are available; see Curing Time below. NOT FOR IMMERSION SERVICE.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Finish: Gloss. e. Minimum Solids Content: 66 ± 2.0% (mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Endura-Shield, Series 1095, as manufactured by Tnemec. h. Primer: See schedule. i. Performance Data Required:

1. ASTM D 4587 (QUV): 2. ASTM B 117 (Salt Spray (Fog): 3. ASTM D 4541 Adhesion

4. Aliphatic Moisture Cured Urethane a. Usage: Extremely hard, chemical-resistant urethane floor coating with superb wear

characteristics. Excellent resistance to abrasion, wet conditions, corrosive fumes and chemical contact. Excellent gloss and color retention. Low odor characteristic allows for use near occupied space. Note: For horizontal surfaces only.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Finish: Semi-gloss. e. Minimum Solids Content: 92 ± 2.0% (clear mixed). f. Minimum Dry Film Thickness Per Coat: See schedule. g. Everthane, Series 248, as manufactured by Tnemec. h. Primer: See schedule.

5. Polyurethane Modified Concrete



a. Usage: High performance designed to reduce moisture vapor emissions prior to the application of non-breathing, polymer floor topping finishes. Must be able to withstand up to 20lbs moisture vapor transmission and 99% RH.

b. Exposure: Moderate/Severe c. Number of Coats: See schedule. d. Finish: Matt. e. Minimum Solids Content: 100%%. f. Minimum Dry Film Thickness Per Coat: See schedule. g. Everthane, Series 241 MVT, as manufactured by Tnemec. h. Primer: See schedule.

D. Alkyd Coating:

1. Alkyd a. Usage: High gloss industrial enamel offering good flow, hiding and protection for

recommended surfaces in mild to moderately severe exposures. Not for use on surfaces that are continually wet or sweat frequently.

b. Exposure: Mild to moderately severe. c. Number of Coats: See schedule. d. Finish: Gloss. e. Minimum Solids Content: 49.0 ± 2.0%. f. Minimum Dry Film Thickness Per Coat: See schedule. g. Hi-Build Tneme-Gloss, Series 2H, as manufactured by Tnemec. h. Primer: See schedule.

2. Phenolic Alkyd a. Usage: Lead- and chromate-free, fast-drying, corrosion-resistant primer that

accepts a variety of high-performance topcoats. Ideally suited for steel fabricators, OEM’s and field applications where "dry-fall" characteristics are desired. Note: Not recommended for immersion.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Color: 77 Red or 78 Gray. e. Minimum Solids Content: 58.0 ± 2.0%. f. Minimum Dry Film Thickness Per Coat: See schedule. g. Chem-Prime H.S., Series 37H, as manufactured by Tnemec. h. Primer: See schedule.

E. Acrylic

1. HDP Acrylic Polymer a. Usage: Water-based, low VOC, High Dispersion Pure acrylic polymer coating

providing excellent long term protection in both interior/exterior exposures. May be applied by spray, brush or roller over a variety of solvent and waterborne steel primers. May also be used over many aged coatings. It is mildew resistant and exhibits very good gloss and color stability. Application methods include "dry-fall" under certain conditions (See Application). Note: Series 1029's "dry-fall" characteristics help reduce the potential for overspray problems on buildings and surrounding property.

b. Exposure: Moderate.



c. Number of Coats: See schedule. d. Color: Refer to Tnemec Color Guide. e. Minimum Solids Content: 40.0 ± 2.0%. f. Minimum Dry Film Thickness Per Coat: See schedule. g. Enduratone, Series 1029, as manufactured by Tnemec. h. Primer: See schedule. i. Performance Data Required:

1. ASTM D 4587 (QUV): 3,000 hours. Report Color and Gloss Retention 2. ASTM D 4541 Adhesion

2. Modified Waterborne Acrylate a. Usage: Flexible, breathable coating primarily for concrete and masonry that can fill

and bridge minor hairline cracks. Excellent elastomeric protection against driving rain, alternate freezing-thawing and UV light. Series 156 can also be used as a low cohesive stress overcoat for aged oil or alkyd systems.

b. Exposure: Moderate. c. Number of Coats: See schedule. d. Color: Refer to Tnemec Color Guide. e. Minimum Solids Content: 50.9 ± 2.0% f. Minimum Dry Film Thickness Per Coat: See schedule. g. Enviro-Crete, Series 156, as manufactured by Tnemec h. Primer: See schedule. j. Performance Data Required:

1. ASTM D 3273, 90°F (32°C), 95-98% R.H., suspended 3" above soil containing aspergillus niger, aspergillus oryzae and an unknown species of penicillium. 5 weeks exposure

2. ASTM D 4587 (QUV): 5,000 hours exposure.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for application examination.

B. Examine areas and conditions under which application of coating systems shall be performed for conditions that will adversely affect execution, permanence, or quality of coating system application.

C. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes until moisture content of surface is below following limits: 1. Masonry Surfaces: 12% maximum 2. Vertical Concrete Surfaces: 12% maximum 3. Horizontal Concrete Surfaces: 8% maximum

D. Correct conditions detrimental to timely and proper execution of Work.



E. Do not proceed until unsatisfactory conditions have been corrected.

F. Commencement of installation constitutes acceptance of conditions and responsibility for satisfactory performance.

3.2 PREPARATION

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for application preparation.

B. Protection: 1. Take precautionary measures to prevent fire hazards and spontaneous combustion.

Remove empty containers from Site. 2. Place cotton waste, cloths and hazardous materials in containers, and remove from Site

daily. 3. Provide drop cloths, shields, and other protective equipment. 4. Protect elements surrounding work of this section from damage or disfiguration. 5. As Work proceeds, promptly remove spilled, splashed, or splattered materials from

surfaces. 6. During application of coating materials, post Wet Paint signs. 7. During application of solvent-based materials, post No Smoking signs.

C. Clean surfaces of loose foreign matter.

D. Remove substances that would bleed through finished coatings; if removal is not possible, seal surface with shellac.

E. Remove finish hardware, fixture covers, and accessories and store.

F. Existing Painted and Sealed Surfaces: 1. Remove loose, flaking, and peeling paint, and feather edge and sand smooth edges of

chipped paint. 2. Clean with mixture of trisodium phosphate and water to remove surface grease and

foreign matter.

G. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent. Surfaces shall be mechanically cleaned to remove passivation and to provide a uniform 1.0 mil anchor profile.

H. Ferrous Metal: 1. Surfaces shall be free of residual deposits of grease, rust, scale, dirt, dust, and oil.

a. Immersion Service: SSPC-SP 10 Near White Blast Cleaning b. Non-Immersion Service: SSCP-SP 6 Commercial Blast Cleaning..

2. Field Repair of Shop Primed Surfaces: a. Non-Immersion Service: Remove all dirt, dust, chalk, oil, grease, as well as any

other foreign matter by solvent cleaning (SSPC-SP 1) and/or power washing. All areas damaged during transportation, construction or installation shall be cleaned in accordance with SSPC-SP 11 Power Tool Cleaning to Bare Metal or SSPC-SP 6



Commercial Blast Cleaning. All edges shall be feathered. All surfaces shall be clean and dry prior to coating

b. Immersion Service: Remove all dirt, dust, chalk, oil, grease, as well as any other foreign matter by solvent cleaning (SSPC-SP 1) and/or power washing. All areas damaged during transportation, construction or installation shall be cleaned in accordance with SSPC-SP 10 Near White Blast Cleaning. All edges shall be feathered. The remainder of the intact shop primer shall be cleaned in accordance with SSPC-SP 7 Brush-Off Blast Cleaning to provide a minimum, uniform, anchor profile of at least 1.0 mil. In order to prevent injury to surrounding painted areas, blast cleaning may necessitate use of lower air pressure, small nozzle and abrasive particle sizes, short blast nozzle distance from surface, shielding and masking. If damage is too extensive to touch-up, item shall be re-cleaned and coated or painted. All surfaces shall be clean and dry prior to receiving the specified finish coat(s).

3. For surfaces not shop primed, surfaces shall be cleaned in compliance with specifications of Steel Structures Painting Council as indicated in Schedule of Coating Systems below.

3.3 APPLICATION

A. Comply with MPI - Architectural Painting Manual.

B. Apply primer to each surface, unless specifically not required by coating manufacturer.

C. Apply coating systems in compliance with manufacturer's instructions and using application method best suited for obtaining full, uniform coverage of surfaces to be coated.

D. Apply primer, intermediate, and finish coats to comply with wet and dry film thickness and spreading rates for each type of material as recommended by manufacturer. 1. Application rates in excess of those recommended and fewer numbers of coats than

specified shall not be accepted.

E. Number of coats specified shall be minimum number acceptable. Apply additional coats as needed to provide a smooth, even application. 1. Closely adhere to re-coat times recommended by manufacturer. Allow each coat to dry

thoroughly before applying next coat. Provide adequate ventilation for tank interior to carry off solvents during drying phase.

F. Employ only application equipment that is clean, properly adjusted, and in good working order, and of type recommended by coating manufacturer.

G. After surface preparation, interior weld seams shall receive a stripe coat applied by brush.

H. Make edges of paint adjoining other materials or colors sharp and clean, without overlapping.

I. Apply coatings to specified thicknesses.

J. Apply in uniform thickness coats, without runs, drips, pinholes, brush marks, or variations in color, texture, or finish.

K. Finish edges, crevices, corners, and other changes in dimension with full coating thickness.




A. Section 01 40 00 - Quality Requirements: Requirements for inspecting and testing.

B. Section 01 70 00 - Execution and Closeout Requirements: Requirements for testing, adjusting, and balancing.

C. Inspecting and Testing: Comply with MPI - Architectural Painting Manual.

3.5 CLEANING

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for cleaning.

B. Collect waste material that may constitute fire hazard, place in closed metal containers, and remove daily from Site.

C. Clean surfaces immediately of overspray, splatter, and excess material.

D. After coating has cured, clean and replace finish hardware, fixtures, and fittings previously removed.

3.6 SCHEDULE

A. INTERIOR SERVICE *Interior service refers to the interior of buildings and rooms and not the interior of tanks, structures, etc. 1. Interior Exposed Ferrous Metals: 16 gauge or heavier

a. Shop primed; field applied finish coats or field applied system 1) Surface Preparation: SSPC SP10 Near White Blast Cleaning 2) Primer/Shop Coat: Series 91 H20 Hydro-Zinc Note (1)

a) Dry Film Thickness: 2.5 to 3.5 mils 3) First Coat: Series 66 Epoxoline Note (2), (3)

a) Dry Film Thickness: 3.0-5.0 mils 4) Finish Coat: Series 1095 Endura-Shield

a) Dry Film Thickness: 2.0-3.0 mils 5) Total Dry Film Thickness: 6.5 to 9.5 mils

Note (1) Coordinate shop cleaning and primer coat with appropriate Metals Specifications. Note (2) Series 66 may be interchanged with Series 161 when surface temperature is below 50 degrees (21 degrees C)

or when faster recoat is desired. Note (3) 66HS Epoxoline may be substituted for 66 Epoxoline.

2. Lightweight Metals: (18 gauge or lighter)

a. Shop primed; field applied finish coats or field applied system b. Surface Preparation: For Galvanized Metal, Aluminum, Other Non-Ferrous

Metals. Etch entire surface using Clean & Etch by Great Lakes Laboratories. For Ferrous Metals clean per SSPC- SP3 Power Tool Cleaning

1) Primer/Shop Coat: Manufacturers Standard Type Primer Compatible with finish coats below



a) Perform crosshatch field adhesion test per ASTM D 3359 to determine compatibility of manufacturer’s primer with herein specified coating system prior to coating system application.

2) First Coat: Series 37H-77 Chemprime a) Dry Film Thickness: 2.0-3.0 mils

3) Intermediate Coat: Series 2H Tneme-Gloss a) Dry Film Thickness: 2.0-3.0 mils

4) Finish Coat: Series 2H Tneme-Gloss a) Dry Film Thickness: 2.0-3.0 mils

5) Total Dry Film Thickness: 6.0 to 9.0 mils (excluding shop primer coat)

3. Non-Submerged Ductile Iron: a. Surface Preparation: Abrasive blast to remove all contaminants.

1) Primer: Series N140-1211 Pota-Pox Plus a) Dry Film Thickness: 6.0 – 8.0

2) Intermediate: Series 66 Epoxoline Note (1), (2) a) Dry Film Thickness: 3.0 – 5.0

3) Finish Coat: Series 1095 Endura-Shield a) Dry Film Thickness: 2.0 – 3.0

4) Total Dry Film Thickness: 11.0 – 16.0

Note (1) Series 66 may be interchanged with Series 161 when surface temperature is below 50 degrees (21degrees C) or when faster recoat is desired

Note (2) 66HS Epoxoline may be substituted for 66 Epoxoline.

4. Non-Submerged Ferrous Metals & Ductile Iron (Frequently Sweating Pipe):

a. Surface Preparation: Abrasive blast to remove all contaminants. Shop primed surfaces shall be scarified prior to application of the intermediate coat.


2) Intermediate: Series 20 Pota-Pox a) Dry Film Thickness: 4.0 – 6.0

3) Insulation Coating: Series 971 Aerolon a) Dry Film Thickness: 100-150

4) Finish Coat: Series 72T Endura-Shield a) Dry Film Thickness: 2.0 – 3.0


5. Non-Submerged Ferrous Metals & Ductile Iron (Thermal Resistance Up to 325ºF): a. Surface Preparation: SSPC-SP6/NACE No. 3 Commercial Blast Cleaning with a

minimum angular anchor profile of 1.5 mils. Note (1) 1) 1st Coat: Series 1224 Epoxoline WB5

a) Dry Film Thickness: 5.0 – 8.0 2) 2nd Coat: Series 971 Aerolon Acrylic

a) Dry Film Thickness: 50.0 3) 3rd Coat: Series 971 Aerolon Acrylic

a) Dry Film Thickness: 50.0 4) 4th Coat: Series 72T EnduraShield

a) Dry Film Thickness: 2.0 – 5.0 5) Total Dry Film Thickness: 109.0 – 113.0



Note (1) Abrasive blast cleaning generally produces the best coating performance. If conditions will not permit this, Series 1224 may be applied to SSPC-SP2 or SSPC-SP3 Hand or Power Tool Cleaned surfaces

6. Non-Submerged Ferrous Metals & Ductile Iron (Thermal Resistance For Freezing

Substrates): a. Surface Preparation: SSPC-SP6/NACE No. 3 Commercial Blast Cleaning with a

minimum angular anchor profile of 1.5 mils. Note (1) 1) 1st Coat: Series 1224 Epoxoline WB5

a) Dry Film Thickness: 5.0 – 8.0 2) 2nd Coat: Series 971 Aerolon Acrylic

a) Dry Film Thickness: 50.0 3) 3rd Coat: Series 971 Aerolon Acrylic

a) Dry Film Thickness: 50.0 4) 4th Coat: Series 971 Aerolon Acrylic

a) Dry Film Thickness: 50.0 5) 5th Coat: Series 72T EnduraShield


Note (1) Abrasive blast cleaning generally produces the best coating performance. If conditions will not permit this,

Series 1224 may be applied to SSPC-SP2 or SSPC-SP3 Hand or Power Tool Cleaned surfaces

7. Previously Painted Non-Submerged Ferrous Metals & Ductile Iron: a. Surface Preparation: Clean all surfaces of all dirt, dust, chalk, and any other

foreign matter that may interfere with the adhesion of the proposed coating system. Clean all corroded areas in accordance with SSPC-SP 3 Power Tool Cleaning. Feather Edges. Spot Prime all areas cleaned to bare metal.

1) Spot Prime: Series 135 Chembuild a) Dry Film Thickness: 3.0 – 5.0

2) Full Prime: Series 135 Chembuild a) Dry Film Thickness: 2.0 – 3.0


8. Concrete Masonry Block:

a. Surface Preparation: Clean and Dry 1) First Coat: Series 130 Envirofill

a) Dry Film Thickness: 65-85 sq ft/gallon 2) Second Coat: Series 113 Tneme-Tufcoat

a) Dry Film Thickness: 4.0 – 6.0 mils 3) 4. Third Coat: Series 297 Enviro-Glaze

a) Dry Film Thickness: 2.0 – 3.0 mils 9. Concrete:

a. Surface Preparation: Clean and Dry. Mechanicaly abrade to remove laitance layer and to provide a uniform 1.0 mil anchor profile.

1) First Coat: Series 215 Surfacing Epoxy – To fill holes a) Dry Film Thickness: N/A

2) Second Coat: 113 Tneme-Tufcoat a) Dry Film Thickness: 4.0 – 6.0 mils

3) Third Coat: 297 Enviro-Glaze



a) Dry Film Thickness: 2.0 – 3.0 mils 4) Total Dry Film Thickness: 6.0 – 9.0 mils

10. Concrete Floors (Clear Sealer):

a. Surface Preparation: All surfaces shall be free of all coatings, sealers, etc. Pressure wash to remove loose material and contamination.

1) First Coat: Series 629 CT Densifyer 201 a) Coverage Rate: 300-350 sq. ft. per gallon

2) Second Coat: Series 629 CT Densifyer 201 a) Coverage Rate: 350-400 sq. ft. per gallon

11. Gypsum Wallboard

a. Surface Preparation: Clean and dry. 1) First Coat: Series 1026 Enduratone

a) Dry Film Thickness: 2.0 – 3.0- mils 2) Second Coat: Series 1026 Enduratone

a) Dry Film Thickness: 2.0 – 3.0- mils 3) Third Coat: Series 1026 Enduratone

a) Dry Film Thickness: 2.0 – 3.0- mils 4) Total Dry Film Thickness: 6.0 – 9.0 mils

12. Wood

a. Surface Preparation: Clean and dry. 1) First Coat: Series 1099W Tnemec Primer

a) Dry Film Thickness: 2.0 – 3.0- mils 2) Second Coat: Series 1029 Enduratone

a) Dry Film Thickness: 2.0 – 3.0- mils 3) Third Coat: Series 1029 Enduratone

a) Dry Film Thickness: 2.0 – 3.0- mils 4) Total Dry Film Thickness: 6.0 – 9.0 mils

B. EXTERIOR SERVICE *All coating thickness are expressed in dry film thickness (DFT.) **Exterior service refers to the exterior of buildings and rooms and not the exterior of tanks, structures, etc. 1. Exterior Exposed Ferrous Metals: 16 gauge or heavier

a. Shop primed; field applied finish coat or field applied system b. Surface Preparation: SSPC SP6 Commercial Blast Cleaning

1) Primer/Shop Coat: Series 91 H20 Hydro-Zinc Note (1) a) Dry Film Thickness: 2.5 to 3.5 mils

2) First Coat: Series 66 Epoxoline Note (2),(3) a) Dry Film Thickness: 3.0-5.0 mils

3) Finish Coat: Series 1095 Endura-Shield II a) Dry Film Thickness: 2.0-3.0 mils

c. Total Dry Film Thickness: 6.5 to 9.5 mils Note (1) Coordinate shop cleaning and primer coat with appropriate Metals Specifications

Note (2) Series 66 may be interchanged with Series 161 when surface temperature is below 50 degrees (21degrees C) or when faster recoat is desired.




2. Exterior Exposed Ferrous Metals: Digester Covers, etc.

a. Shop primed; field applied finish coat or field applied system b. Surface Preparation: SSPC SP6 Commercial Blast Cleaning

1) Primer/Shop Coat: Series 91 H20 Hydro-Zinc Note (1) a) Dry Film Thickness: 2.5 to 3.5 mils

2) First Coat: Series 66 Epoxoline Note (2),(3) a) Dry Film Thickness: 3.0-5.0 mils

3) Finish Coat: Series 700-35GR HydroFlon Endura-Shield II a) Dry Film Thickness: 2.0-3.0 mils

4) Total Dry Film Thickness: 6.5 to 9.5 mils Note (1) Coordinate shop cleaning and primer coat with appropriate Metals Specifications Note (2) Series 66 may be interchanged with Series 161 when surface temperature is below 50 degrees (21degrees C) or

when faster recoat is desired. Note (3) 66HS Epoxoline may be substituted for 66 Epoxoline.

3. Exterior Exposed Galvanized Metals:

a. Surface Preparation: Remove all soluble and insoluble contaminants and corrosion. Abrasive (sweep) blast in accordance with ASTM D 6386 to provide a uniform anchor profile (1.0 – 2.0 mils)

1) First Coat: Series 66 Epoxoline Note (1), (2) a) Dry Film Thickness: 2.0-3.0 mils

2) Finish Coat: Series 1095 Endura-Shield a) Dry Film Thickness: 2.0-3.0 mils

3) Total Dry Film Thickness: 4.0 – 6.0 mils Note (1) Series 66 may be interchanged with Series 161 when surface temperature is below 50 degrees (21degrees C) or

when faster recoat is desired. Note (2) 66HS Epoxoline may be substituted for 66 Epoxoline.

4. Lightweight Metals: Factory Primer Ferrous Metals (18 gauge or lighter)

a. Surface Preparation: SSPC-SP 3 Power Tool Cleaning b. Primer/Shop Coat: Manufacturers Standard Type Primer Compatible with finish

coats below. Perform crosshatch field adhesion test per ASTM D 3359 to determine compatibility of manufacturer’s primer with herein specified coating system prior to coating system application

1) First Coat: Series 37H-77 Chemprime a) Dry Film Thickness: 2.0-3.0 mils

2) Intermediate Coat: Series 2H Tneme-Gloss a) Dry Film Thickness: 2.0-3.0 mils

3) Finish Coat: Series 2H Tneme-Gloss a) Dry Film Thickness: 2.0-3.0 mils

4) Total Dry Film Thickness: 6.0 to 9.0 mils (excluding shop primer coat)

5. Previously Painted Non-Submerged Ferrous Metals & Ductile Iron: a. Surface Preparation: Clean all surfaces of all dirt, dust, chalk, and any other

foreign matter that may interfere with the adhesion of the proposed coating system. Clean all corroded areas in accordance with SSPC-SP 3 Power Tool Cleaning. Feather Edges. Spot Prime all areas cleaned to bare metal.

1) Spot Prime: Series 135 Chembuild



a) Dry Film Thickness: 3.0 – 5.0 2) Full Prime: Series 135 Chembuild

a) Dry Film Thickness: 2.0 – 3.0 3) Finish Coat: Series 1095 Endura-Shield

a) Dry Film Thickness: 2.0 – 3.0

6. Non-Submerged Ductile Iron: a. Surface Preparation: Abrasive blast to remove all contaminants.


2) Intermediate: Series 66 Epoxoline Note (1), (2) a) Dry Film Thickness: 3.0 – 5.0





7. Insulative Coatings – Thermal Resistance - Non-Submerged Ferrous Metals & Ductile Iron (Frequently Sweating Pipe): a. Surface Preparation: Abrasive blast to remove all contaminants. Shop primed

surfaces shall be scarified prior to application of the intermediate coat. 1) Primer: Series N140-1211 Pota-Pox Plus

a) Dry Film Thickness: 6.0 – 8.0 2) Intermediate: Series 20 Pota-Pox

a) Dry Film Thickness: 4.0 – 6.0 3) Insulation Coating: Series 971 Aerolon

a) Dry Film Thickness: 100-150 4) Finish Coat: Series 72T Endura-Shield


8. Non-Submerged Ductile Iron (Coastal Exposure/Extreme UV):

a. Surface Preparation: Abrasive blast to remove all contaminants. 1) Primer: Series N140-1211 Pota-Pox Plus

a) Dry Film Thickness: 6.0 – 8.0 2) 1st Intermediate: Series 66 Epoxoline Note (1), (2)

a) Dry Film Thickness: 3.0 – 5.0 3) 2nd Intermediate: Series 1095 Endura-Shield

a) Dry Film Thickness: 3.0 – 5.0 b)

4) Finish Coat: Series 700 HydroFlon a) Dry Film Thickness: 2.0 – 3.0






C. IMMERSION OR VAPOR ZONE SERVICE 1. Ferrous Metals Submerged or Intermittently Submerged in Wastewater (Closed Top /

Head Space Exposure in Digesters, Secondary Clarifiers, etc.): a. Surface Preparation: SSPC SP10 Near White Blast Cleaning

1) Primer/Shop Coat: Series 20-1255 or 20HS Pota-Pox (Shop primed surfaces shall be prepared in accordance with Section 3.2-H-2-b above)

a) Dry Film Thickness: 4.0 – 6.0 mils 2) Lining: Series 435 Perma-Glaze

a) Dry Film Thickness 30.0 – 40.0 3) Total Dry Film Thickness: 34.0 - 46.0 mils. 4) Holiday Detection: All surfaces shall be tested for discontinuities (holidays)

utilizing a Tinker & Rasor AP/W High Voltage Holiday Detector in accordance with the instructions of Tnemec Technical Services. Holidays shall be repaired in accordance with the instructions of the manufacturer.

2. Ferrous Metals Submerged or Intermittently Submerged in Wastewater (Open Top /No

Head Space Exposure in Digesters, Secondary Clarifiers, etc.) a. Surface Preparation: SSPC SP10 Near White Blast Cleaning

1) Primer/Shop Coat: Series 1 Omnithane (Shop primed surfaces shall be prepared in accordance with Section 3.2-H-2-b above)

a) Dry Film Thickness: 2.5– 3.5 mils 2) Intermediate: Series 20-39BL Pota-Pox

a) Dry Film Thickness 4.0 – 6.0 3) Finish: Series 142 Epoxoline

a) Dry Film Thickness 10.0 – 12.0 4) Total Dry Film Thickness: 16.5 – 21.5 mils. 5) Holiday Detection: Interior surfaces, following a minimum of 96 hours cure,

shall be holiday detected in accordance with ASTM G 62 low voltage holiday detection. Holiday detector shall be a Tinker & Rasor Model M-1 or equal. Areas found to have holidays shall be marked and repaired in accordance with the paint manufacturer's instructions. The Engineer shall be notified of time of testing so that he might be present to witness testing.

3. Ferrous Metals Submerged or Intermittently Submerged in Potable Water

a. Surface Preparation: SSPC SP10 Near White Blast Cleaning

1) Primer/Shop Coat: Series 91 H20 Hydro-Zinc a) Dry Film Thickness: 2.5 – 3.5 mils

2) Intermediate: Series 20-39BL or 20HS Pota-Pox a) Dry Film Thickness 4.0 – 6.0

3) Finish: Series 141 Epoxoline a) Dry Film Thickness 10.0 – 12.0

4) Total Dry Film Thickness: 16.5 – 21.5 mils. 5) Holiday Detection: Interior surfaces, following a minimum of 96 hours cure,




4. Concrete Submerged or Intermittently Submerged in Wastewater (Closed Top / Head Space Exposure in Digesters, Secondary Clarifiers, Lift Stations etc.): a. Surface Preparation: Abrasive blast to remove all loose concrete, laitance,

hardeners, curing compounds and to leave a profile (Reference SSPC-SP 13, ICRI CSP 5 – 6)

1) Primer/Surfacer: Series 218 MortarClad a) Dry Film Thickness: 1/16” minimum to all surfaces

2) Lining: Series 434 Perma-Shield H2S a) Dry Film Thickness 125.0 mils

3) Finish: Series 435 Perma-Glaze a) Dry Film Thickness 15.0 – 20.0

4) Holiday Detection: All surfaces shall be tested for discontinuities (holidays) utilizing a Tinker & Rasor AP/W High Voltage Holiday Detector in accordance with the instructions of Tnemec Technical Services. Holidays shall be repaired in accordance with the instructions of the manufacturer.

5. Ductile Iron Pipe (Outside Diameter - OD) Submerged or Intermittently Submerged in

Wastewater (Open Top /No Head Space Exposure in Digesters, Secondary Clarifiers, etc.) a. Surface Preparation: Uniformly abrasive blast the entire exterior surface using

angular abrasive to an NAPF 500-03-04: “External Pipe Surface Condition”. When viewed without magnification, the exterior surfaces shall be free of all visible dirt, dust, loose annealing oxide, loose mold coating, rust and other foreign matter.

1) Primer/Shop Coat: Series N140-1211 Pota-Pox Plus (Shop primed surfaces shall be prepared in accordance with Section 3.2-H-2-b above)

a) Dry Film Thickness: 6.0 – 8.0 mils 2) Intermediate: Series 20-39BL Pota-Pox

a) Dry Film Thickness 4.0 – 6.0 3) Finish: Series 142 Epoxoline

a) Dry Film Thickness 10.0 – 12.0 4) Total Dry Film Thickness: 20.0 - 26.0 mils. 5) Holiday Detection: Interior surfaces, following a minimum of 96 hours cure,


6. Ductile Iron Pipe (OD) Submerged or Intermittently Submerged in Potable Water

a. Surface Preparation: Uniformly abrasive blast the entire exterior surface using angular abrasive to an NAPF 500-03-04: “External Pipe Surface Condition”. When viewed without magnification, the exterior surfaces shall be free of all visible dirt, dust, loose annealing oxide, loose mold coating, rust and other foreign matter.

1) Primer/Shop Coat: Series N140-1211 Pota-Pox Plus (Shop primed surfaces shall be prepared in accordance with Section 3.2-H-2-b above)

a) Dry Film Thickness: 6.0 – 8.0 mils 2) Intermediate: Series 20-39BL Pota-Pox

a) Dry Film Thickness 4.0 – 6.0 3) Finish: Series 141-1255 Epoxoline



a) Dry Film Thickness 10.0 – 12.0 4) Total Dry Film Thickness: 20.0 - 26.0 mils. 5) Holiday Detection: Interior surfaces, following a minimum of 96 hours cure,


7. Ductile Iron Pipe (OD) Submerged or Intermittently Submerged in Wastewater (Closed Top / Head Space Exposure in Digesters, Secondary Clarifiers, Lift Stations, etc.): a. Surface Preparation: Uniformly abrasive blast the entire exterior surface using

angular abrasive to an NAPF 500-03-04: “External Pipe Surface Condition”. When viewed without magnification, the exterior surfaces shall be free of all visible dirt, dust, loose annealing oxide, loose mold coating, rust and other foreign matter.

1) Primer: Series N140-1211 Pota-Pox Plus a) Dry Film Thickness: 5.0 – 7.0 mils

2) Coating: Series 431 Perma-Shield PL a) Dry Film Thickness 25.0 – 35.0

3) Total Dry Film Thickness: 30.0 - 42.0 mils. 4) Holiday Detection: All surfaces shall be tested for discontinuities (holidays)

utilizing a Tinker & Rasor AP/W High Voltage Holiday Detector in accordance with the instructions of Tnemec Technical Services. Holidays shall be repaired in accordance with the instructions of the manufacturer.

D. SECONDARY CONTAINMENT

1. Fluorosilicic Acid and Other Aggressive Chemicals: a. Surface Preparation: SSPC SP13/NACE 6, ICRI CSP5

1) First Coat: Series 215 Surfacing Epoxy a) Dry Film Thickness: As necessary to fill all voids, bug holes, cracks

and other defects. 2) Second Coat: Series 239SC Chembloc

a) Dry Film Thickness: 6.0 – 12.0 mils 3) Third Coat: Series 239SC Chembloc with Fiberglass Mat

(Series 239SC mortar applied at 60 – 80 mils, then while the resin is wet embed Series 237 Fiberglass Mat. Then apply a saturant coal of Series 239SC resin at 8.0 – 12.0 mils.) a) Dry Film Thickness: 50.0 – 55.0 mils

4) Fourth Coat: Series 282 Tneme-Glaze a) Dry Film Thickness: 8.0 – 12.0 mils

5) Total Dry Film Thickness: 125.0 mils

E. COLOR SYSTEM MATERIAL INDENTIFICATION

Wastewater Color Tnemec Color Number



Raw Water (WW) Olive green 110G Clover Primary Effluent (WW1) Aqua 10GN Aqua Sky Biological Effluent (WWA) Aqua 10GN Aqua Sky Secondary Effluent (WW2) Aqua 10GN Aqua Sky Sewage Plant Effluent (WWC) Clay 07RD Terra Cotta

Reclaimed Water (EFW) Light purple 16SF Rec Water Purple Sludge (S, RAS, WAS) Dark brown 84BR Weathered Bark Grit (GR) Gray 33GR Gray Scum (SC) Gray 33GR Gray Process Drain or Drain (DP or DR) Dark Gray 34GR Deep Space

Sewer (Sanitary or other) Dark Gray 34GR Deep Space Chemical Alum. Or Primary Orange 04SF Safety Orange Ammonia White 00WH White Carbon Slurry Black 35GR Black Caustic Yellow with green band 02SF Safety Yellow Chlorine (Gas and Solution) Yellow 02SF Safety Yellow Fluoride Light blue with red band 25BL Fountainbleu Lime Slurry Light green 37GN Irish Spring Ozone Yellow with orange band 02SF Safety Yellow Phosphate Compounds Light green with red band 37GN Irish Spring

Polymers or Coagulant Aids Orange with green band 04SF Safety Orange with 09SF Safety Green Band

Potassium Permanganate Violet 14SF Safety Purple Soda Ash Light green with orange band 37GN Irish Spring Sulfuric Acid Yellow with red band 02SF Safety Yellow

Sulfur Dioxide Light green with yellow band 37GN Irish Spring with 06SF Safety Red Band

Other Compressed Air Dark green 91GN Balsm Gas Red 28RD Monterrey Tile Other Lines Light gray 32GR Light Gray Hoists/Trolleys Yellow 02SF Safety Yellow



GOODWYN, MILLS & CAWOOD, INC. BYPASS PUMPING GMC PROJECT NO. CMGM170037 13 10 00 - 1 of 6

SECTION 13 10 00 - BYPASS PUMPING

PART 1 - GENERAL

1.1 SUMMARY

A. Under this item, the Contractor is required to furnish all materials, labor, equipment, power, maintenance, fuel, etc. to implement a temporary pumping system for the purpose of diverting flow around the work area throughout the required duration.

B. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction.




1. Division 2 – Existing Conditions 2. Division 40 – Process Interconnections


A. Follow national standards and as specified herein.

B. Perform leakage and pressure tests on discharge piping using clean water, before operation.

C. Keep and maintain spare parts for piping on site, as required.

D. Maintain adequate hoisting equipment and accessories for the pump on-site.

1.4 SUBMITTALS


B. The Contractor shall prepare a detailed description of the proposed pumping system and submit. Bid proposals without an acceptable detailed plan for the temporary bypass pumping system shall be rejected.

C. The Contractor shall submit to the Engineer a detailed plan and description outlining all provisions and precautions to be taken by the Contractor regarding the handling of existing wastewater flows in all locations requiring bypass pumping. This plan must be specific and complete, including such items as schedules, locations, elevations, capacities of equipment, materials and all other incidental items necessary and/or required to insure proper protection of the facilities, including protection of the access and bypass pumping locations from damage due to the discharge flows, and compliance with the requirements and permit conditions specified in



these Contract Documents. No construction shall begin until all provisions and requirements have been reviewed by the Engineer.

D. The plan shall include but not be limited to details of the following:

1. Staging areas for pumps; 2. Sewer plugging method and types of plugs; 3. Number, size, material, location and method of installation of suction piping; 4. Number, size, material, location and method of installation of discharge piping; 5. Bypass pump sizes, capacity, number of each size to be on site and power requirements; 6. Calculations of static lift, friction losses, flow velocity (pump curves showing pump

operating range shall be submitted), and bypass pump pipe size; 7. Downstream discharge plan; 8. Thrust and restraint block sizes and locations; 9. Sections showing suction and discharge pipe depth, embedment, select fill and special

backfill; 10. Method of noise control for each pump and/or generator; 11. Any temporary pipe supports and anchoring required; 12. Design plans and computation for access to bypass pumping locations indicated on the

drawings; 13. Schedule for installation of and maintenance of bypass pumping lines; and 14. Plan indicating selection location of bypass pumping line locations.

1.5 COORDINATION AND SCHEDULING

A. Section 01 31 00 – Project Management and Coordination: Requirements for coordination.

B. Coordinate Work of this Section with plant operations.

1.6 CONTRACTORS RESPONSIBILITY FOR OVERFLOWS AND SPILLS

A. Schedule and perform work in manner that does not cause or contribute to incidence of overflows, releases or spills of sewage from sanitary sewer system or bypass operation.

1.7 DELIVERY AND STORAGE

A. Transport, deliver, handle, and store pipe, fittings, pumps, ancillary equipment and materials to prevent damage and following manufacturer’s recommendations.

1. Inspect all material and equipment for proper operation before initiating work.

B. Material found to be defective or damaged due to manufacturer or shipment shall be repair as recommended by the manufacturer.

1.8 EXISTING CONDITIONS

A. Field Measurements:

1. Verify field measurements prior to fabrication. 2. Indicate field measurements on Shop Drawings.



PART 2 - PRODUCTS

2.1 GENERAL

A. All bypass pumping for the duration of this project shall occur during low flow periods and as directed by the Owner.

2.2 DESIGN REQUIREMENTS

A. General

1. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility.

2. The Construction Sequence in Specification Section 01 10 00 shall be utilized in the development of the plan.

3. The bypass pumping system shall be capable of a daily flow of 1.5 MGD with a peak flow of 3.0 MGD.

B. Bypass Pumping System

1. The Contractor shall provide all pipeline plugs and temporary discharge piping to ensure that the total flow of the main can be safely diverted around the section to be repaired.

2. The Contractor shall have adequate standby equipment available and ready for immediate operation and use in the event of an emergency or breakdown. One standby pump for each size pump utilized shall be installed at the mainline flow bypassing locations, ready for use in the event of primary pump failure.

3. Bypass pumping system shall be capable of bypassing the flow around the work area and of releasing any amount of flow up to full available flow into the work area as necessary for satisfactory performances of work.

4. The Contractor shall make all arrangements for bypass pumping during the time when the main is shut down for any reason. System must overcome any existing force main pressure on discharge.

5. Provide pipeline plugs of adequate size to handle peak flow/head.

C. Performance Requirements

1. It is essential to the operation of the existing sewerage system that there be no interruption in the flow of sewage throughout the duration of the project. To this end, the Contractor shall provide, maintain and operate all temporary facilities such as dams, plugs, pumping equipment (back-up units as required), conduits, all necessary power, and all other labor and equipment necessary to intercept the sewage flow before it reaches the point where it would interfere with his work, carry it past his work and return it to the existing sewer downstream of his work.

2. The design, installation and operation of the temporary pumping system shall be the Contractor's responsibility. The bypass system shall meet the requirements of all codes and regulatory agencies having jurisdiction.

3. The Contractor shall provide all necessary means to safely convey the sewage past the work area. The Contractor will not be permitted to stop or impede the main flows under any circumstances.



4. The Contractor shall maintain sewer flow around the work area in a manner that will not cause surcharging of sewers, damage to sewers and that will protect public and private property from damage and flooding.

5. The Contractor shall protect water resources, wetlands and other natural resources.

2.3 MATERIALS

A. Discharge and Suction Pipes

1. To prevent the accidental spillage of flows, all suction/discharge systems shall be temporarily constructed of rigid pipe with positive, restrained joints. Under no circumstances will aluminum "irrigation" type piping or glued PVC pipe be allowed. Discharge hose will only be allowed in short sections and by specific permission from the Engineer.

B. Polyethylene Plastic Pipe (PE)

1. High density solid wall and following ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-DR) based on Outside Diameter, ASTM D1248 and ASTM D3550.

2. Homogenous throughout, free of visible crack, discoloration, pitting, varying wall thickness, holes, foreign materials, blisters, or other deleterious faults.

C. High-Density Polyethylene (HDPE)

1. Homogenous throughout, free of visible crack, discoloration, pitting, varying wall thickness, holes, foreign materials, blisters, or other deleterious faults.

2. Assembled and joined at site using couplings, flanges or butt-fusion method to provide leak proof joint. Following manufacturer’s instructions and ASTM D 2657. a. Threaded or solvent joints and connections are not permitted.

3. Fusing shall be conducted by personnel certified as fusion technicians by manufacturer of HDPE pipe and/or fusing equipment.

4. Butt-fused joint shall be truly aligned and contain uniform roll-back beads resulting from use of proper temperature and pressure. a. Allow adequate cooling before removal of pressure. b. Watertight and have tensile strength equal to that of pipe.

D. Flexible Hoses and Associated Couplings and Connectors

1. Abrasion resistant. 2. Suitable for intended service. 3. Rated for external and internal loads anticipated, including test pressure.

a. External loading shall incorporate anticipated traffic loadings. 4. When subjected to traffic loading, compose system, such as traffic ramps or covers.

a. Install system and maintain H-20 loading requirements while in use.

E. Valves and Fittings

1. Determined according to flow calculations, pump sizes previously determined, and system operating pressures.

F. Plugs



1. Plugs shall be selected and installed according to size of line to be plugged, pipe, and manhole configurations, and based on specific site.

2.4 EQUIPMENT

A. Pumps

1. All pumps used shall be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps in the priming system. The pumps may be electric or diesel powered. All pumps used must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of effluent flows.

B. Controls

1. The Contractor shall provide the necessary stop/start controls for each pump.

PART 3 - EXECUTION

3.1 EXAMINATION


B. Verify layout, type, and orientation of piping connections.

C. Verify that items provided by other Sections of Work are ready to receive Work of this Section.

3.2 PREPARATION

A. Contractor is responsible for locating any existing utilities in the area the Contractor selects to locate the bypass pipelines. The Contractor shall locate his bypass pipelines to minimize any disturbance to existing utilities and shall obtain approval of the pipeline locations from the Owner and the Engineer. All costs associated with relocating utilities and obtaining all approvals shall be paid by the Contractor.

B. During all bypass pumping operation, the Contractor shall protect the main and all local sewer lines from damage inflicted by any equipment. The Contractor shall be responsible for all physical damage to the Pumping Station and main and all local sewer lines caused by human or mechanical failure.

3.3 INSTALLATION AND REMOVAL

A. The Contractor shall remove manhole sections or make connections to the existing sewer and construct temporary bypass pumping structures only at the access location indicated on the Drawings and as may be required to provide adequate suction conduit.

B. Plugging or blocking of sewage flows shall incorporate a primary and secondary plugging device. When plugging or blocking is no longer needed for performance and acceptance of work, it is to



be removed in a manner that permits the sewage flow to slowly return to normal without surge, to prevent surcharging or causing other major disturbances downstream.

C. When working inside manhole or force main, the Contractor shall exercise caution and comply with OSHA requirements when working in the presence of sewer gases, combustible or oxygen-deficient atmospheres, and confined spaces.

D. The installation of the bypass pipelines is prohibited in all saltmarsh/wetland areas. The pipeline must be located off streets and sidewalks and on shoulders of the roads. When the bypass pipeline crosses local streets and private driveways, the contractor must place the bypass pipelines in trenches and cover with temporary pavement. Upon completion of the bypass pumping operations, and after the receipt of written permission from the Engineer, the Contractor shall remove all the piping, restore all property to preconstruction condition and restore all pavement. The Contractor is responsible for obtaining any approvals for placement of the temporary pipeline within public ways from the County.



GOODWYN, MILLS & CAWOOD, INC. FIBERGLASS REINFORCED BUILDING ENCLOSURE GMC PROJECT NO. CMGM170037 13 31 00 - 1 of 6

SECTION 13 31 00 – FIBERGLASS REINFORCED BUILDING ENCLOSURE

PART 1 - GENERAL

1.1 SUMMARY


1. Pre-engineered shelters 2. Electrical wiring and devices for pre-engineered structures 3. Heating equipment for pre-engineered structures 4. Ventilation equipment for pre-engineered structures 5. Air conditioning equipment for pre-engineered structures


1. Section 03 30 00 – Cast-in-place concrete: Concrete pad 2. Division 26 – Electrical connections


A. ASTM C 518 – Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus.

B. ASTM D 256 – Standard Test Method for Determining the Pendulum Impact Resistance of Notched Specimens of Plastics.

C. ASTM D 618 – Standard Practice for Conditioning Plastics for Testing.

D. ASTM D 638 – Standard Test Method for Tensile Properties of Plastics.

E. ASTM D 732 – Standard Test Method for Shear Strength Plastics by Punch Tool.

F. ASTM D 790 – Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials.

G. ASTM D 792 – Standard Test Method for Specific Gravity (Relative Density) and Density of Plastics by Displacement.

H. ASTM D 1622 – Standard Test Method for Apparent Density of Rigid Cellular Plastics.

I. ASTM D 2583 – Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor.

1.3 SUBMITTALS




B. Product Data: Certified independent test results of representative wall laminate.

C. Shop Drawings:

1. Critical dimensions, jointing and connections, fasteners and anchors. 2. Materials of construction. 3. Sizes, spacing, and location of structural members, connections, attachments, openings,

and fasteners. 4. Color.

D. Manufacturer’s installation instructions

E. Structural design calculations, sealed by an independent licensed Professional Engineer.


A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for closeout procedures.

B. Project Record Documents: Record actual locations and final orientation of equipment and accessories.

C. Operation and Maintenance Data: Submit maintenance instructions for equipment and accessories.



B. Store products indoors or in weather protected area until installation. Protect from construction traffic and damage.

1.6 WARRANTY

A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for warranties.

B. Furnish one-year manufacturer's warranty against defects in materials and workmanship.

PART 2 - PRODUCTS

2.1 MANUFACTURER

A. The fiberglass reinforced building enclosure shall be manufactured by:

1. TRACOM, Inc., Alpharetta, GA 2. Or Pre-Approved Equal.



2.2 SYSTEM DESCRIPTION

A. Provide one-piece molded construction FRP shelter of the following type:

1. Size: 12’-0” W x 16’-0” D x 7’-11” H.

2.3 MATERIALS

A. One-piece Molded Composite Construction:

1. General Construction: The shelter shall be provided with a smooth interior and exterior satin finish. The walls and roof shall be integral with smooth radii for all corners. No roof overhang shall be allowed. External section connection flanges shall only be allowed in those instances where the shelter is oversized.

2. Laminate: Isophthalic polyester resin with high performance, chopped, commercial grade glass strand fiber reinforcement with a suitable coupling agent.

a. Minimum glass content: 30%. b. Exterior surface: 15 mil (minimum) gel coat with U.V. inhibitors and a satin finish

lightly textured and free from fiber pattern, roughness, or other irregularities. c. Exterior laminate: 1/8 inch thick (minimum); chemically bonded to the surface gel

coat and encapsulating the foam core. d. Foam core (2.2.A.2) e. Interior laminate: 1/8 inch thick (minimum); chemically bonded to the interior gel

coat and encapsulating the foam core. f. Interior surface: 15 mil (minimum) gel coat with U.V. inhibitors and a textured

finish, free from exposed glass or other irregularities. g. Laminate properties:

1) Tensile strength (ASTM D 638): 14,000 psi 2) Flexural strength (ASTM D 790): 27,000 psi 3) Flexural modulus (ASTM D790): 1,000,000 psi 4) Shear strength (ASTM D 732): 12,000 psi 5) Barcol hardness (ASTM D 2583): 40 6) Density / specific gravity (ASTM D792) 93.6 pcf/1.5

3. Core:

a. Rigid closed cell, self-extinguishing (Class 1), polyisocyanurate foam with a density of 2.5 pounds per cubic foot. Foam shall be P250 Elfoam without exception. Lower density foams shall not be acceptable.

1) 1 inch thick with an initial insulating value of R~7.

b. Core properties:

1) Thermal conductivity

a) (ASTM C 518): 0.145 BTU inch/hr/SF/°F

2) Density / specific gravity



a) (ASTM D 1622): 2.5 PCF

3) Shear Strength

a) (ASTM C 273): 25 lb/in2

4) Tensile Strength

a) (ASTM D 1623): 45 lb/in2

5) Compressive Strength (7% deflection/yield)

a) (ASTM D 1621): 35

2.4 COMPONENTS

A. Doors

1. Quantity:

a. 72” double door with viewing window.

2. Construction

a. One-piece molded fiberglass construction 78 inches high, 1-3/4 inches thick, and 36” wide (each).

b. Mount door with two T-304 stainless steel laminated strap hinges, 5 inches long. Door must be readily replaceable – the use of continuous piano hinges or fastening methods other than bolting shall not be acceptable.

c. Rubber bulb gasket with flexible lock to retain permanent grip. d. One-piece, purpose built, 3 inches deep fiberglass drip cap over doors; drip cap to

extend 2 inches each side past door. Cut angle shall not be acceptable. e. Full threshold, heavy duty black vinyl, 4-1/2 inches deep x 1/2 inch high. f. Schlage stainless steel single-point key locked classroom style ball knob. To

facilitate entry and exit from the building, raised or integral door sills shall not be acceptable.

g. Heavy duty stainless steel, dual compression spring cushioned overhead door stop, designed for BHMA L52231 and ANSI A156.16.

h. Provide single-flap neoprene insert style door sweep.

B. Lifting Eyes

1. Provide a minimum of two removable, 3/4 inch – 10 partially threaded, eye bolts with 6 inch shank lengths.

a. Steel (5,200 lbs. work load limit)

C. Mounting Flange



1. 3 inches wide x 1/4 inch thick (minimum) with closed cell neoprene sponge rubber gasket 1-1/4 inches wide x 3/8 inch thick to provide a weather tight seal around the building perimeter.

a. Internal

2.5 EQUIPMENT

A. Electrical

1. Receptacles: GFCI receptacle 15A 125V, 20 A 125V feed-through, with 5mA +/- 1mA trip threshold.

a. Interior. As required for the polymer equipment. Number of interior receptacles to be confirmed during submittals.

b. Exterior: Include two (1) exterior mounted receptacle with extra-duty in-use weatherproof cover.

B. Shutter

1. FRP, gravity operated, 304 stainless steel screen 2. Size: 10”x10”

C. Lighting: See electrical drawings

2.6 FINISHES

A. Exterior Color: #2445 Gray Cloud

B. Interior Color: #2445 Gray Cloud

PART 3 - EXECUTION

3.1 EXAMINATION


B. Verify that the concrete slab is level, true to plane, and of the correct dimensions to receive the structure. Correct all deficiencies before proceeding.

3.2 INSTALLATION

A. Install products in accordance with engineer’s instructions, plans, blueprints, local codes, etc. and in a manner consistent with the installation instruction and recommendation of the manufacturer.




A. Clean surfaces in accordance with the manufacturer’s instructions.

B. Remove trash and debris and leave the site in a clean condition.



GOODWYN, MILLS & CAWOOD, INC. PRE-ENGINEERED METAL CANOPY SYSTEM GMC PROJECT NO. CMGM170037 13 31 22 - 1 of 12

SECTION 13 31 22 – PRE-ENGINEERED METAL CANOPY SYSTEM

PART 1 - GENERAL



1.2 SUMMARY


1. Complete single-story, rigid-frame-type, clear span, pre-engineered metal canopy systems of the nominal length, width, eave height, and roof pitch, with straight columns, and as indicated on the Drawings.

a. Roof System consists of the manufacturer’s standard standing seam, machine-seamed roof and related work.

b. Manufacturer’s standard building components and accessories may be used, provided components, accessories, and complete structure conform to design indicated and specified requirements.

B. Metal siding, perforated soffits, and additional and related items and work shall be provided at locations where indicated on the Drawings.


1. Related work specified elsewhere includes:

a. Section 03 30 00 - Cast In Place Concrete b. Section 05 50 00 - Metals Fabrication c. Section 07 92 00 - Joint Sealants d. Section 09 96 00 - High Performance Coatings

1.3 SYSTEM PERFORMANCE REQUIREMENTS

A. General: Engineer, design, fabricate and erect the pre-engineered metal building system to withstand loads from winds, gravity, structural movement including movement thermally induced, and to resist in-service use conditions that the building will experience, including exposure to the weather, without failure.

1. Design each member to withstand stresses resulting from combinations of loads that produce the maximum allowable stresses in that member as prescribed in MBMA’s “Design Practices Manual.”

2. Provide grounding system for lightning protection; Comply with building manufacturer’s recommendations.



B. Design Loads: Basic design loads, as well as auxiliary and collateral loads, are indicated on the drawings, and shall in addition be as required by project conditions.

1. Basic design loads include live load, and wind load, in addition to the dead load. 2. Collateral loads shall include additional dead loads over and above the weight of the

metal building system, such as roof-mounted and suspended mechanical systems, finished ceilings, light fixtures, conduits, ductwork, piping, equipment, overhead doors, etc.

3. All frames shall be designed to limit lateral drift per Drawings.

C. Structural Framing and Roof and Siding Panels: Design primary and secondary structural members and exterior covering materials for applicable loads and combinations of loads in accordance with the Metal Building Manufacturers Association’s (MBMA) “Design Practices Manual,” in accordance with notes and requirements on Structural Drawings, and the following. Where a conflict in requirements may occur, the more stringent requirements shall apply. Comply with requirements for U.L. Class 90 wind uplift rating.

1. AISC “Code of Standard Practice for Steel Buildings and Bridges”:

a. Paragraph 4.2.1 of the above code is hereby modified by deletion of the following sentence: “This approval constitutes the Owner’s acceptance of all responsibility for the design adequacy of any connections designed by the fabricator as a part of his preparation of these shop drawings.”

2. Structural Steel: Comply with the American Institute of Steel Construction’s (AISC) “Specifications for the Design, Fabrication and Erection of Structural Steel for Buildings” for design requirements and allowable stresses, including the “Commentary” and Supplements thereto, as issued.

3. Light Gage Steel: Comply with the American Iron and Steel Institute’s (AISI) “Specification for the Design of Cold Formed Steel Structural Members” and “Design of Light Gage Steel Diaphragms” for design requirements and allowable stresses.

4. Welded Connections: Comply with the American Welding Society’s (AWS) “Standard Code for Arc and Gas Welding in Building Construction” for welding procedures, and AWS D1.1 “Structural Welding Code.”

5. AISC “Specifications for Structural Joints using ASTM A 325 or A 490 Bolts” approved by the Research Council on Riveted and Bolted Structural Joints of the Engineering Foundation.

6. ASTM A 6 “General Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piling and Bars for Structural Use.”

1.4 SUBMITTALS

A. General: Submit the following in accordance with Conditions of the Contract and Division 1 Specification Sections.

B. Product data consisting of metal building system manufacturer’s product information for building components and accessories.

C. Shop drawings prepared by or under the supervision of a registered Professional Engineer, for metal building structural framing system, roofing and siding panels, and other metal building



system components and accessories that are not fully detailed or dimensioned in manufacturer’s product data. The responsible design engineer shall place his stamp on all Shop Drawings.

1. Structural Framing: Furnish complete erection drawings prepared by or under the supervision of a professional engineer legally authorized to practice in the jurisdiction where the Project is located and where the system components are manufactured. Include details showing fabrication and assembly of the metal building system. Show anchor bolts settings and sidewall, endwall, and roof framing. Include transverse cross-sections. Design analysis shall be included, to show all design loads, load combinations, foundation reactions and lateral deflections.

2. Roofing and Siding Panels: Provide layouts of panels on walls and roofs, details of edge conditions, joints, corners, custom profiles, supports, anchorages, trim, flashings, closures, and special details. Include transverse cross-sections.

3. Building Accessory Components: Provide details of metal building accessory components to clearly indicate methods of installation.

D. Professional engineer’s certificate prepared and signed by the responsible design Engineer, legally authorized to practice in the jurisdiction where Project is located and where the system components are manufactured, verifying that the structural framing and covering panels meet indicated loading requirements and codes of authorities having jurisdiction.


A. Installer Qualifications: Engage an experienced Installer to erect the pre-engineered metal building who has specialized in the erection and installation of types of metal buildings systems similar to that required for this project for at least 5 verifiable years, and who is certified in writing by the metal building system manufacturer as qualified for erection of the manufacturer’s products.

B. Manufacturer’s Qualifications: Provide pre-engineered metal buildings manufactured by a firm with no less than 5-years verifiable experience in manufacturing metal buildings systems that are similar to those indicated for this project and have a record of successful in-service performance.

C. Qualifications for Welding Work: Qualify welding processes and welding operators in accordance with AWS “Standard Qualification Procedures”. Provide certification that welders to be employed in work have satisfactorily passed AWS qualification tests within previous 12-months. If recertification of welders is required, retesting will be Contractor’s responsibility.

D. Single-Source Responsibility: Obtain the metal building system components, including structural framing, wall and roof covering, and accessory components, from one source from a single manufacturer.

E. Design Criteria: The drawings indicate size, profiles, and dimensional requirements of the pre-engineered metal buildings and are based on the specific type and model indicated. Metal building systems having equal characteristics by other manufacturers may be considered provided that deviations in dimensions and profiles are minor and do not change the design concept or intended performance as judged by the Engineer. The burden of proof of equality is on the proposer.




A. Deliver prefabricated components, sheets, panels, and other manufactured items so they will not be damaged or deformed. Package wall and roof panels for protection against transportation damage.

B. Deliver anchor bolts and anchorage devices, which are to be embedded in cast-in-place concrete, in ample time to not delay that work.

C. Handling: Exercise care in unloading, storing, and erecting wall and roof covering panels to prevent bending, warping, twisting, and surface damage.

D. Stack materials on platforms or pallets, covered with tarpaulins or other suitable weather tight ventilated covering. Store metal wall and roof panels so that water accumulations will drain freely. Do not store panels in contact with other materials that might cause staining, denting or other surface damage.

E. Do not store materials on structure in a manner that might cause distortion or damage to members or supporting structures. Repair or replace damaged materials or structures as directed.

1.7 WARRANTY AND GUARANTEE

A. Roofing and Siding Panel Warranty: Furnish the roofing panel manufacturer’s written warranty, covering failure of the metal roof panels within the warranty period.

1. Warranty Periods (from date of Substantial Completion)

a. Weather-tightness: 20-years b. Finishes: 20-years c. Materials and Workmanship: 3-years

B. This warranty and guarantee shall be in addition to and not a limitation of other rights the Owner may have under the Contract Documents, and shall run concurrently with other project warrantees and guarantees.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Subject to compliance with specified requirements, provide metal building systems provided by one of the following:

1. American Buildings Co. 2. Atlantic Building Systems. 3. Butler Manufacturing Co. 4. Ceco Buildings Division. 5. Gulf States Manufacturers, Inc. 6. Metal Building Components, Inc.



7. O.S.I., Inc. 8. Star Buildings Division, H. H. Robertson Co. 9. Varco-Pruden Buildings. 10. Approved Equal

2.2 MATERIALS

A. Hot-Rolled Structural Steel Shapes: Comply with ASTM A 572 or A 529.

B. Steel Tubing or Pipe: Comply with ASTM A 500, Grade B, ASTM A 501, or ASTM A 53.

C. Steel Members Fabricated from Plate or Bar Stock: Provide 42,000 psi minimum yield strength. Comply with ASTM A 529, ASTM A 570, or ASTM A 572.

D. Steel Members Fabricated by Cold Forming: Comply with ASTM A 607, Grade 50.

E. Cold-Rolled Carbon Steel Sheet: Comply with requirements of ASTM A 366 or ASTM A 568.

F. Hot-Rolled Carbon Steel Sheet: Comply with requirements of ASTM A 568 or ASTM A 569.

G. Structural Quality Zinc-Coated (Galvanized) Steel Sheet: Comply with ASTM A 446 with G90 coating complying with ASTM A 525. Grade to suit manufacturer’s standards.

H. Aluminum-Zinc Alloy Coated Steel Sheets (“Galvalume”): Comply with ASTM A 428, latest edition.

I. Bolts for Structural Framing: Comply with ASTM A 307 or ASTM A 325 as necessary for design loads and connection details.

J. Anchor Bolts: ASTM A 307, non-headed type unless otherwise indicated.

K. Non-Metallic Shrinkage-Resistant Grout: Pre-mixed, non-metallic, non-corrosive, non-staining product containing selected silica sands, Portland cement, shrinkage compensating agents, plasticizing and water reducing agents, complying with CRD-C621.

1. Products offered by manufacturers to comply with requirements for non-metallic, non-shrink grout include the following:

a. Euco N.S.; Euclid Chemical Company b. Crystex; L&M Construction Chemicals c. Masterflow 713; Master Builders d. Five Star Grout; U.S. Grout Corp. e. Upcon; Upco Chemical Division, USM Crop. f. Propak; Protex Industries, Inc.

L. Paint and Coating Materials: Comply with performance requirements of the federal specifications indicated. Unless specifically indicated otherwise, compliance with compositional requirements of federal specifications indicated is not required.

1. Shop Primer for Ferrous Metal: Fast-curing, lead-free, abrasion- resistant, rust-inhibitive primer selected by the manufacturer for compatibility with substrates with types of alkyd



finish paint systems indicated and for capability to provide a sound foundation for field-applied topcoats despite prolonged exposure. Comply with FS TT-P-86, Types I, II, or III.

2. Shop Primer for Galvanized Metal Surfaces: Zinc dust-zinc oxide primer selected by the manufacturer for compatibility with substrate. Comply with FS TT-P-641.

2.3 STRUCTURAL FRAMING

A. Rigid Frames: Fabricate from hot-rolled structural steel shapes. Provide factory-welded, shop-painted, built-up “I-beam” shape or open-web-type frames consisting of tapered or parallel flange beams and straight columns. Furnish frames with attachment plates, bearing plates, and splice members. Factory drill for field-bolted assembly.

1. Provide length of span and spacing of frames indicated. Slight variations in length of span and frame spacing may be acceptable if necessary to meet manufacturer’s standards, and proposed in writing by manufacturer and accepted in writing by Engineer prior to Bid Date.

2. Building eave height: 14 ft. as measured from concrete slab 3. Roof Pitch: 3/12

B. Primary Endwall Framing: Provide the following primary endwall framing members fabricated for field-bolted assembly:

1. Endwall Columns: Manufacturer’s standard shop-painted, built-up factory-welded “I” shape or cold-formed “C” sections, fabricated from 14-gage (0.0747-inch) steel.

2. Endwall Beams: Manufacturer’s standard shop-painted “C” shape roll-formed sections fabricated from 16-gage (0.0598-inch) steel.

C. Secondary Framing: Provide the following secondary framing members:

1. Roof Purlins, Sidewall and Endwall Girts: “C” or “Z” shaped sections fabricated from 16-gage (0.0598-inch) shop-painted roll-formed steel. Purlin spacers shall be fabricated from 14-gage (0.0747-inch) cold-formed galvanized steel sections.

2. Eave Struts: Unequal flange “C” shaped sections formed to provide adequate backup for both wall and roof panels. Fabricate from 16-gage (0.0598-inch) shop-painted roll-formed steel.

3. Flange and Sag Bracing: 1-5/8-inches by 1-5/8-inch angles fabricated from 16-gage (0.0598-inch) shop-painted roll-formed steel, unless indicated otherwise on Structural Drawings.

4. Base or Sill Channels: Fabricate from 14-gage (0.0747-inch) cold-formed galvanized steel sections.

D. Wind Bracing: All bays and end walls are to remain open. If wind bracing is required, the manufacturer may use either heavier structural members or portal frames.

E. Bolts: Provide shop-painted bolts except when structural framing components are in direct contact with roofing and siding panels. Provide zinc-plated or cadmium-plated bolts when structural framing components are in direct contact with roofing and siding panels.



2.4 SHOP PAINTING

A. General: Clean surfaces to be primed of loose mill scale, rust, dirt, oil, grease, and other matter precluding paint bond. Follow procedures of SSPC-SP3 for power-tool cleaning, SSPC-SP7 for brush-off blast cleaning, and SSPC-SP1 for solvent cleaning, unless specific procedures are indicated otherwise. Shop paint structural steel, except those members or portions of members to be embedded in concrete or mortar. Paint embedded steel which is partially exposed on portions and initial 2-inch of embedded areas only.

1. Do not paint surface which are to be welded or high-strength bolted with friction-type connections.

2. Prime structural steel primary and secondary framing members with the manufacturer’s standard rust-inhibitive primer.

3. Prime galvanized members, after phosphoric acid pretreatment, with manufacturer’s standard zinc dust-zinc oxide primer.

4. Apply 2-coats of paint to surfaces which are inaccessible after assembly or erection. Change color of second coat to distinguish it from the first coat.

B. Surface Preparation: After inspection and before shipping, clean steelwork to be painted. Remove loose rust, loose mill scale, and spatter, slag or flux deposits. Clean steel in accordance with Steel Structures Painting Council (SSPC) as follows:

1. SP-1 “Solvent Cleaning,” followed by SP-3 “Power Tool Cleaning.”

C. Painting: Immediately after surface preparation, apply structural steel primer paint in accordance with manufacturer’s instructions. Use painting methods which result in full coverage of joints, corners, edges and exposed surfaces.

2.5 PREFINISHED ROOFING PANELS

A. Standing Seam Roof Panels:

1. Vertical-Rib, Metal Roof Panels: Formed with vertical ribs at panel edges and flat pan between ribs; designed for sequential installation by mechanically attaching panels to supports using concealed clips located under one side of panels and engaging opposite edge of adjacent panels.

a. Material: Zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet, 0.030-inch nominal uncoated steel thickness. Pre-painted by the coil-coating process to comply with ASTM A 755

b. Exterior Finish: Two-coat fluoropolymer. c. Color: As selected by Engineer from manufacturer's full range of colors. d. Clips: One-piece fixed to accommodate thermal movement. e. Joint Type: Mechanically seamed.

B. Fasteners: Self-tapping screws, bolts, nuts, self-locking rivets, self-locking bolts, end-welded studs, and other suitable fasteners designed to withstand design loads.

1. Provide metal-backed neoprene washers under heads of fasteners bearing on weather side of panels.



2. Use aluminum or stainless steel fasteners for exterior application and galvanized or cadmium-plated fasteners for interior applications.

3. Locate and space fastenings in true vertical and horizontal alignment. Use proper tools to obtain controlled uniform compression for positive seal without rupture of neoprene washer.

4. Provide fasteners with heads matching color of roofing by means of factory-applied coating.

2.6 ACCESSORIES

A. General: Provide accessories as standard with metal building system manufacturer and as specified. Fabricate and finish accessories at the factory to greatest extent possible, by manufacturer's standard procedures and processes. Comply with indicated profiles and with dimensional and structural requirements.

1. Form exposed sheet metal accessories that are without excessive oil-canning, buckling, and tool marks and that are true to line and levels indicated, with exposed edges folded back to form hems.

B. Roof Panel Accessories: Provide components required for a complete metal roof panel assembly including copings, fasciae, corner units, ridge closures, clips, sealants, gaskets, fillers, closure strips, and similar items. Match material and finish of metal roof panels unless otherwise indicated.

1. Closures: Provide closures at eaves and ridges, fabricated of same material as metal roof panels.

2. Clips: Manufacturer's standard, formed from stainless-steel sheet, designed to withstand negative-load requirements.

3. Cleats: Manufacturer's standard, mechanically seamed cleats formed from stainless-steel sheet or nylon-coated aluminum sheet.

4. Backing Plates: Provide metal backing plates at panel end splices, fabricated from material recommended by manufacturer.

5. Closure Strips: Closed-cell, expanded, cellular, rubber or crosslinked, polyolefin-foam or closed-cell laminated polyethylene; minimum 1-inch-thick, flexible closure strips; cut or pre-molded to match metal roof panel profile. Provide closure strips where indicated or necessary to ensure weathertight construction.

C. Flashing and Trim: Zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet, 0.018-inch nominal uncoated steel thickness, pre-painted with coil coating; finished to match adjacent metal panels.

1. Provide flashing and trim as required to seal against weather and to provide finished appearance. Locations include, but are not limited to, eaves, rakes, corners, bases, framed openings, ridges, fasciae, and fillers.

2. Opening Trim: Zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet, 0.018-inch nominal uncoated steel thickness, pre-painted with coil coating. Trim head and jamb of door openings, and head, jamb, and sill of other openings.

D. Gutters: Zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet, 0.018-inch nominal uncoated steel thickness, pre-painted with coil coating; finished to match roof fascia



and rake trim. Match profile of gable trim, complete with end pieces, outlet tubes, and other special pieces as required. Fabricate in minimum 96-inch-long sections, sized according to SMACNA's "Architectural Sheet Metal Manual."

1. Gutter Supports: Fabricated from same material and finish as gutters. 2. Strainers: Bronze, copper, or aluminum wire ball type at outlets.

E. Downspouts: Zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet, 0.018-inch nominal uncoated steel thickness, pre-painted with coil coating; finished to match metal wall panels. Fabricate in minimum 10-foot-long sections, complete with formed elbows and offsets.

1. Mounting Straps: Fabricated from same material and finish as gutters.

F. Materials:

1. Fasteners: Self-tapping screws, bolts, nuts, self-locking rivets and bolts, end-welded studs, and other suitable fasteners designed to withstand design loads. Provide fasteners with heads matching color of materials being fastened by means of plastic caps or factory-applied coating.

a. Fasteners for Metal Roof Panels: Self-drilling or self-tapping, zinc-plated, hex-head carbon-steel screws, with a stainless-steel cap or zinc-aluminum-alloy head and EPDM sealing washer.

b. Fasteners for Flashing and Trim: Blind fasteners or self-drilling screws with hex washer head.

c. Blind Fasteners: High-strength aluminum or stainless-steel rivets.

2. Corrosion-Resistant Coating: Cold-applied asphalt mastic, compounded for 15-mil dry film thickness per coat. Provide inert-type noncorrosive compound free of asbestos fibers, sulfur components, and other deleterious impurities.

3. Nonmetallic, Shrinkage-Resistant Grout: ASTM C 1107/C 1107M, factory-packaged, nonmetallic aggregate grout, noncorrosive, nonstaining, mixed with water to consistency suitable for application and a 30-minute working time.

4. Metal Panel Sealants:

a. Sealant Tape: Pressure-sensitive, 100 percent solids, gray polyisobutylene-compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape of manufacturer's standard size.

b. Joint Sealant: ASTM C 920; one part elastomeric polyurethane or polysulfide; of type, grade, class, and use classifications required to seal joints in metal panels and remain weathertight; and as recommended by metal building system manufacturer.

2.7 FABRICATION

A. General: Design prefabricated components and necessary field connections required for erection to permit easy assembly and disassembly.

1. Fabricate components in such a manner that once assembled, they may be disassembled, repackaged, and reassembled with a minimum amount of labor.



2. Clearly and legibly mark each piece and part of the assembly to correspond with previously prepared erection drawings, diagrams, and instruction manuals.

B. Structural Framing: Shop-fabricate framing components to indicated size and section with base plates, bearing plates, and other plates required for erection, welded in place. Provide holes for anchoring or connections shop-drilled or punched to template dimensions.

1. Shop Connections: Provide power riveted, bolted, or welded shop connections. 2. Field Connections: Provide bolted field connections.

PART 3 - EXECUTION

3.1 ERECTION

A. Surveys: Employ a registered professional engineer or and surveyor, experienced in survey work, to establish permanent bench marks as shown and as necessary for accurate erection of pre-engineered steel structures. Check elevations of concrete bearing surfaces, and locations of anchor bolts and similar devices, before erection work proceeds, and report discrepancies to Engineer. Do not proceed with erection until corrections have been made, or until compensating adjustments to structural steel work have been agreed upon with Engineer.

B. Temporary Shoring and Bracing: Provide temporary shoring and bracing members with connections of sufficient strength to bear imposed loads. Remove temporary members and connections when permanent members are in place and final connections are made. Provide temporary guy lines to achieve proper alignment of structures as erection proceeds.

C. Temporary Planking: Provide temporary planking and working platforms as necessary to effectively complete work.

D. Anchor Bolts: Furnish anchor bolts and other connectors required for securing structural steel to foundations and other in-place work.

1. Furnish templates and other devices as necessary for presetting bolts and other anchors to accurate location.

2. Refer to Division 3 of these specifications for anchor bolt installation requirements in concrete.

E. Setting Bases and Bearing Plates: Clean concrete bearing surfaces of bond-reducing materials and roughen to improve bond to surfaces. Clean bottom surface of base and bearing plates.

1. Set loose and attached base plates and bearing plates for structural members on steel wedges or shims or other adjusting devices.

2. Tighten anchor bolts after supported members have been positioned and plumbed. Do not remove steel wedges or shims, but if protruding, cut off flush with edge of base or bearing plate prior to packing with grout.

3. Pack grout solidly between bearing surfaces and bases of plates to ensure that no voids remain. Finish exposed surfaces, protect installed materials and allow to cure. For proprietary grout materials, comply with manufacturer’s instructions.



a. Moist cure grout for not less than 7-days after placement.

F. Field Assembly: Set structural frames accurately to lines and elevations indicated. Align and adjust various members forming a part of a complete frame or structure before permanently fastening. Clean bearing surfaces and other surfaces which will be in permanent contact before assembly. Perform necessary adjustments to compensate for discrepancies in elevations and alignment.

1. Level and plumb individual members of structure within specified AISC tolerances. 2. See base plates with double-nutted anchor bolts, and as otherwise required. 3. Splice members only where indicated and accepted on shop drawings. 4. Purlins and Girts: Provide rake or gable purlins with tight-fitting closure channels and

fascias. Secure purlins and girts to structural framing and hold rigidly to a straight line by sag rods.

5. Bracing: All sides and end walls to remain open.

a. Movement-resisting frames may be used in lieu of sidewall rod bracing, to suit manufacturer’s standards.

b. Where diaphragm strength of roof or wall covering is adequate to resist wind forces, rod or angle bracing will not be required, except when indicated on Structural Drawings.

G. Roofing:

1. General: Arrange and nest sidelap joints so prevailing winds blow over, not into, lapped joints. Lap ribbed or fluted sheets one full rib corrugation. Apply panels and associated items for neat and weather tight enclosure. Avoid “panel creep” or application not true to line. Protect factory finishes from damage.

a. Field cutting of exterior panels by torch is not permitted. b. Provide weather seal under ridge cap. Flash and seal roof panels at eave, rake,

ventilators, and similar locations with rubber, or neoprene, or other acceptable closures to exclude weather and in compliance with warranty requirements.

2. Roof Sheets: Provide sealant tape at lapped joints of ribbed or fluted roof sheets and between roof sheets and skylights, protruding equipment, roof ventilators, vents, and accessories. Machine seam joints in roof panels in accordance with roof manufacturer’s current written recommendations and requirements.

a. Apply a continuous ribbon of sealant tape to clean, dry surface of the weather side of fastenings on end laps, and on side laps of corrugated nesting-type, ribbed, or fluted panels and elsewhere as needed to make roof sheets weatherproof to driving rains.

H. Erection Bolts: On exposed welded construction, remove erection bolts, fill holes with plug welds and grind smooth at exposed surfaces.

1. Comply with AISC Specifications for bearing, adequacy of temporary connections, alignment, and removal of paint on surfaces adjacent to field welds.

2. Do not enlarge unfair holes in members by burning or by use of drift pins, except in secondary bracing members. Ream holes that must be enlarged to admit bolts.



I. Gas Cutting: Do not use gas cutting torches in field for correcting fabrication errors in structural framing. Cutting will be permitted only on secondary members which are not under stress. Finish gas-cut sections equal to a sheared appearance when permitted.

J. Touch-Up Painting: Immediately after erection, clean field welds, bolted connections and abraded areas of shop paint. Apply paint to exposed areas with same material as used for shop painting.

1. Apply by brush or spray to provide a minimum dry fill thickness of 2.0-mils.


A. Shop Bolted Connections: Inspect in accordance with AISC specifications.

B. Shop Welding: Inspect during fabrication of structural steel assemblies, as follows:

1. Certify welders and conduct inspections as required. Record types and locations of defects found in work. Record work required and performed to correct deficiencies.

2. Perform visual inspection of all welds.

C. Field Bolted Connections: Inspect in accordance with AISC specifications.

D. Field Welding: Inspect during erection of structural steel as follows:

1. Certify welders and conduct inspections as required. Record types and locations of defects found in work. Record work required and performed to correct deficiencies.

2. Perform visual inspection of all welds.
