Streetscape Improvements Phase II Bid Documents

BID PROPOSAL, TECHNICAL SPECIFICATIONS, AND CONTRACT

Project Title: Strasburg Downtown Enhancement Project Phase II UPC: 110279 VDOT Project No: EN08-306-127, C502;

VDOT DISTRICT: Staunton TOWN OF STRASBURG, VIRGINIA

Prepared By: Gay and Neel, Inc. 1260 Radford Street Christiansburg, VA 24073 (540) 381-6011 GNI Job No. 2110.0

Prepared For: Town of Strasburg 174 East King Street Strasburg, VA 22657

Date: September 27, 2018 Revised: December 11, 2018 TABLE OF CONTENTS

COVER

TABLE OF CONTENTS

BID DOCUMENT • Notice of Advertisement • Instruction to Bidders • Bid Form • Certification Regarding Debarment • Agreement • Contractor’s Responsibility • Time • Applicable Law/Compliance • Liquidated Damages • Component Parts of the Contract • Binding • Changes to Agreement • Pre-Bid Question Form • Notice of Award • Notice to Proceed • Insurance Requirements • General Conditions

VDOT required forms, Supplemental Specifications, Special Provisions, and Special Provision Copied Notes Overview Section 102.05 Use of Domestic Material Personnel Requirements for Work Zone Traffic Control Section 105.06 Subcontracting Predetermined Minimum Wage Rates Required Affirmative Action for EEO Section 107.15 Use of DBE • C-18a – Contract Performance/ Payment Bond • C-24 – Proposal Guaranty • C-48 – Subcontractors/ Supplier Solicitation and Utilization Form • C-49 – DBE Good Faith Efforts Documentation • C-104 – Bidder Statement Federally Funded Projects • C-105 – Bidder Certification Federally Funded Projects • C-111 – Minimum DBE Requirements • C-112 – Certification of Binding Agreement with DBE Firms

REQUIRED ROAD AND BRIDGE SPECIFICATIONS

2016 VDOT Road and Bridge Specifications (VDOT SS, SP, SPCN) http://www.virginiadot.org/business/const/spec-default.asp (2016 Road & Bridge Specs Guidelines for federally funded Locally Administered Projects) http://www.virginiadot.org/business/resources/const/VDOT_2016_RB_Specs.pdf

• PLANS (24"x36") (under separate cover – as required)

TECHNICAL SPECIFICATIONS

DIVISION 01- GENERAL REQUIREMENTS

Section 01 11 00 Summary of Work Section 01 14 00 Work Restrictions Section 01 18 00 Project Utility Sources Section 01 26 46 Construction Change Directives Section 01 29 00 Payment Procedures Section 01 31 19 Preconstruction Conference Section 01 32 13 Construction Schedules Section 01 32 33 Photographic Documentation Section 01 33 00 Submittal Procedures Section 01 33 23 Shop Drawings, Product Data & Samples Section 01 41 00 Regulatory Requirements Section 01 45 00 Quality Control Section 01 45 23 Special Inspection Services Section 01 50 00 Temporary Facilities and Controls Section 01 55 26 Traffic Control Section 01 66 00 Product Storage and Handling Requirements Section 01 70 00 Contract Closeout Section 01 74 00 Cleaning

DIVISION 2 - EXISTING CONDITIONS

Section 02 41 00 Demolition

DIVISION 3 – CONCRETE

Section 03 30 01 Cast-in-Place Concrete for Site Work

DIVISION 26 – ELECTRICAL

Section 26 05 19 Low Voltage Electrical Power Conductors and Cables Section 26 05 26 Grounding and Bonding for Electrical Systems Section 26 05 29 Hangers and Supports for Electrical Systems Section 26 05 34 Conduit Section 26 05 53 Identification for Electrical Systems Section 26 27 26 Wiring Devices Section 26 51 00 Lighting

DIVISION 31 – EARTHWORK Section 31 00 00 Earthwork Section 31 10 00 Site Clearing Section 31 23 33 Trenching and Backfilling Section 31 25 13 Erosion and Sediment Control Section 31 73 19 Electrical Underground Ducts

DIVISION 32 – EXTERIOR IMPROVEMENTS

Section 32 10 00 Bases, Ballasts, & Paving Section 32 14 00 Unit Pavers Section 32 17 23 Special Pavement Markings Section 32 20 00 Site Restoration Section 32 91 13.23 Structural Soil Section 32 91 19 Topsoil Placement and Grading Section 32 92 19 Seeding Section 32 92 20 Trees, Plants, and Ground Covers Section 32 94 43 Tree Grates

DIVISION 33 – UTILITIES

Section 33 03 00 Utility Piping & Materials Section 33 04 00 Valves & Cocks Section 33 05 13 Manholes & Structures Section 33 10 00 Water Utilities Section 33 12 19 Water Utility Distribution Fire Hydrants Section 33 41 00 Storm Utility Drainage Piping I. NOTICE OF ADVERTISEMENT

PROJECT: Town of Strasburg, VA Streetscape Improvements

VDOT Project #EN08-306-127, P-101, C-502 (UPC 110279)

LOCATION: Town of Strasburg, Virginia DATE:

Sealed bids will be received by the Town of Strasburg, VA for the Construction of the Downtown Enhancement Project, on or before at PM at the Town Office, 174 E. King Street, Strasburg, VA 22657. The bids will then be opened and read aloud. All bids received after the above deadline will be returned unopened.

A pre-bid conference will be held at the Town offices Located at 174 E. King Street, Strasburg, VA at n o . Attendance at the pre-bid conference is highly recommended but not mandatory.

The Bid Documents may be obtained from the office of the Engineer:

Gay and Neel, Inc.

1260 Radford Street

Christiansburg, VA 24073

The bid documents will be made available in three ways:

1. A deposit of $150.00 (one hundred fifty dollars) is required to receive a set of Bid Documents. One-half of the deposit will be returned to Prime Contractors submitting a bona fide bid, providing the complete documents are returned in good condition within 30 days after opening of bids

2. A fee of $40.00 (forty dollars) is required to receive a set of Bid Documents electronically as a CD with PDF files of the Bid Documents.

3. Electronically through the Town’s website (www.strasburgva.com) at no charge.

Bid Documents are available for inspection at the Town Office. Each bid shall be accompanied by a Certified Check or Bid Security equal to 5 (five) percent of the total of the Bid, made payable to the Owner (Town of Strasburg). Cash deposits will not be accepted. Bidders shall be VDOT prequalified contractors in order to bid. No contractor shall be required by law, regulation, or practice to obtain a license before submission of a bid or before the bid may be considered for award of a contract. This, however, is not intended to preclude requirements for the licensing of a contractor upon or subsequent to the award of the contract if such requirements are consistent with competitive bidding.

No Bid may be withdrawn for a period of sixty (60) days after opening of Bids, unless the Bid is substantially lower than other Bids as a result of a clerical error as defined in Section 11-54A (ii) of the Code of Virginia, 1950, as amended. The Bidder must give the Town a written request to withdraw a bid within two (2) business days after conclusion of the Bid opening.

The Owner reserves the right to reject any or all Bids and to waive informalities pursuant to this Invitation for Bids. Faxed Bids are not accepted.

Bids are to be submitted to:

Mr. Jay McKinley

Director of Public Works

174 East King Street

Strasburg, VA 22657

The Bidder, if licensed, may include in its Bid the following:

"Licensed Virginia Contractor No..______" (issued to contractor by DPOR)

"State Corporation Commission Registration No.______" ( issued to contractor by the SCC)

No contractor shall be required by law, regulation, or practice to obtain a license before submission of a bid or before the bid may be considered for award of a contract. This, however, is not intended to preclude requirements for the licensing of a contractor upon or subsequent to the award of the contract if such requirements are consistent with competitive bidding.

The Town of Strasburg does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state or federal law.

By: Strasburg Town Manager, Wyatt Pearson

INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder—The individual or entity who submits a Bid directly to OWNER.

B. Issuing Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder—The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 30 days after opening of Bids.

2.02 Complete sets of Bidding Documents must 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 confer a license or grant for any other use.

ARTICLE 3 – NOT USED

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. No reports are available for this project. Excavation is unclassified.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents to be within the scope of the work appear in paragraph 4.06 of the General Conditions.

4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests and studies, as Bidder deems necessary for submission of Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

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

A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site Conditions that may affect cost, progress, and Performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state and local Laws and Regulations that may affect cost, progress, or performance of the Work;

D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (expect Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

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

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

H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

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

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

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A pre-Bid conference will be held at at the Town Hall at 174 East King Street, Strasburg, Virginia. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are not required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda, as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. All additional lands and access there to required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to obtained and paid for by OWNER unless otherwise provided in the Bidding Documents.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

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

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price and in the form of a certified or bank check or a Bid Bond [on the form attached] issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set for in the General Conditions and may be supplemented in the General Requirements.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposed to use acceptable Subcontractors, Suppliers individuals, or entities. Declining to make required substitutions will not constitute ground for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of General Conditions.

12.02 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER.

13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

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

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgement of receipt of all Addenda; the numbers of which shall be filled in on the Bid form.

13.10 The address and telephone number for communications regarding the Bid shall be shown.

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

ARTICLE 14 – EVALUATION OF BIDS

14.01 Town Staff will evaluate the bids received to determine the lowest responsive and responsible bidder.

14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid form, and, if required, the Bid Bond. The unbound copy of the Bid form is to be completed and submitted with the Bid security and the following data:

A. All information required by Article 3.

B. A tabulation of subcontractors, suppliers and individuals and entities that will supply some portion of the Work.

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

Mr. Wyatt Pearson

Town Manager

Town of Strasburg

174 E. King Street

Strasburg, VA 22657 ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by appropriate documents duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within two business days 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 – AWARD OF CONTRACT

19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, non- responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid or any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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

19.04 If the Contract is to be awarded, OWNER will award the Contact to the Bidder whose Bid is in the best interest of the OWNER. ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number or unsigned counterparts of the Agreement with the other Contract Documents, which are identified in the Agreement as, attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 OWNER is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Work. Exemption No. 54-6001215. Said taxes shall not be included in the Bid. Refer to paragraph 6.10 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning CONTRACTOR’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

BID FORM -- UPC 110279, Phase 2

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Town of Strasburg, Attn: Wyatt Pearson

174 E. King Street, Strasburg, VA 22657

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner to perform all Work as specified or indicated for the prices indicated in this.

ARTICLE 2 – BIDDER’S REPRESENTATIONS

2.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied 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 contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data." E. Bidder has considered the information known to Bidder; 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, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 2.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) 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 Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Owner is acceptable to Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 3 – BIDDER’S CERTIFICATION

3.01 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 3.01.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 execution of the Contract.

ARTICLE 4 – BASIS OF BID

PART A-1 In compliance with your Advertisement for Bids, the undersigned proposes to furnish all labor and materials and perform all work necessary for construction of the referenced project, in strict accordance with all the contract documents including any addenda noted below, as prepared by the Town of Strasburg and Gay and Neel, Inc., for the consideration of the following amounts:

Base Bid: Lump Sum for work for Phase 2

$______

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

Item Estimated Description Unit Bid Unit Price Bid Price No. Quantity

1 Mobilization & Construction LS 1 $ $ Survey 2 Demo Trees EA 14 $ $ 3 Demo Sidewalk SF 12830 $ $ 4 Import/Borrow Fill (Unsuitable) CY 1000 $ $ 5 Structural Soil CY 130 $ $ 6 Plastic Safety Fence LF 150 $ $

7 Silt Fence LF 90 $ $ 8 Storm Drain Inlet Protection EA 2 $ $ 9 Permanent Seeding & Mulching – AC 1 $ $ Lawn 10 Tree Grates EA 13 $ $ 11 UD-4 VDOT Underdrain System LF 1700 $ $ (Under Gutter) 12 Pedestrian Concrete – Sidewalks SF 10341 $ $

13 Street Curb & Gutter LF 1367 $ $ 14 Parking Curb & Gutter LF 60 $ $ 15 VDOT CG-12 Curb Cut Ramps EA 6 $ $ 16 Pavement Marking/Striping SF 800 $ $ 17 VDOT Std CG-9A SF 1020 $ $ 18 Duratherm Crosswalk SF 1000 $ $ 19 Temporary Crosswalk LS 1 $ $ 20 Stop Bar Striping with Arrows LS 1 $ $ 21 Street Milling LS 1 $ $ 22 Gutter Flow Through Gates EA 2 $ $

23 Pavement Overlay SF 35130 $ $

24 Decorative Streetlamp EA 21 $ $

25 2” Conduit LF 2010 $ $ 26 1” Conduit LF 2070 $ $ 27 Tree Outlet EA 13 $ $ 28 Pull Box EA 34 $ $ 29 Electric Service (@ 10% of lighting LS 1 $ $ subtotal) 30 Flagpole Borings EA 30 $ $ 31 Sign Sleeves with Signs EA 14 $ $ 32 Traffic Control LS 1 $ $ 33 Trees EA 13 $ $ Total of All Bid Prices $

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 5 – TIME OF COMPLETION

5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in 120 days.

ARTICLE 6 – ATTACHMENTS TO THIS BID

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

A. 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;

B. Contractor’s Policy of Non-Discrimination

C. Drug Free Workplace Maintenance By Contractor

D. Certification of Bidder Regarding Debarment By Agency of the Commonwealth of Virginia

E. Commonwealth of Virginia Workers’ Compensation Certificate of Coverage

ARTICLE 7 – BID SUBMITTAL

7.01 This Bid is submitted by: If Bidder is:

An Individual

Name (typed or printed):

By: (Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By: (Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

Corporation Name: (SEAL)

State of Incorporation: Type (General Business, Professional, Service, Limited Liability):______

By: (Signature -- attach evidence of authority to sign)

Name (typed or printed):

Title: (CORPORATE SEAL)

Attest

Date of Qualification to do business in Virginia is ____/____/____.

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

By: (Signature of first joint venture partner -- attach evidence of authority to sign)

Name (typed or printed):

Title:

Second Joint Venturer Name: (SEAL)

By: (Signature of second joint venture partner - attach evidence of authority to sign)

Name (typed or printed):

Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. ______Fax No.

E-mail ______

SUBMITTED on , 20____.

State Contractor License No. .

III. CERTIFICATION REGARDING DEBARMENT This is to certify that this person/firm/corporation is not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, or by any town, city, or county, from submitting Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred.

______Name of Official

______Title

______Firm or Corporation

______Date

IV. AGREEMENT This AGREEMENT, dated this ____th day of ______2017 , by and between Town of Strasburg hereinafter called the Owner; and ______(a corporation, or an unincorporated organization organized and existing under the laws of the State/Commonwealth of Virginia or, an individual trading under the above name) hereinafter called the Contractor. WITNESSETH: The Owner and Contractor, for the consideration stated herein, agree as follows:

A. Scope of Work

The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and utility and transportation service and all else required to complete the construction of the Strasburg Downtown Enhancement, Phase 2, UPC 110279) project all in strict accordance with the Contract Documents, the terms of which are incorporated herein by reference. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed under the direction and supervision of the Contractor and subject to the approval of the Owner or its authorized representative.

B. Engineer

The power, duties, and responsibilities conferred hereto to the Engineer shall be construed to be those of the Owner “Municipality” Town of Strasburg or the Municipality’s authorized representative. Where the terms “Engineer” and “Contract Engineer” appear in this contract, the authority identified shall be construed to be those of the Owner or its authorized representative. For this project, the Engineer is Gay and Neel, Inc.; 1260 Radford St. Christiansburg, VA 24073.

C. Guarantee

All materials and equipment, furnished by the Contractor, and all construction involved in this Agreement are hereby guaranteed by the Contractor to be free from defects owing to faulty materials or workmanship for a period of one year after date of Completion of the work. All work that proves defective, by reason of faulty material or workmanship within said period of one year, shall be replaced by the Contractor free of cost to the Owner. These guarantees shall not operate as a waiver of any of the Owner’s rights and remedies for default under or breach of the Agreement which rights and remedies may be exercised at any time within the period of any applicable statute of limitations.

D. Contract Price

The Owner shall pay the Contractor as just compensation for the satisfactory performance of the Work, subject to any additions or deductions as provided in the Contract Documents, the lump sum price as contained in the Bid Schedule attached hereto based on the listed schedule of items.

The Contract Price is ______dollars ($______).

Item Estimated Description Unit Bid Unit Price Bid Price No. Quantity

23 Pavement Overlay SF 35130 $ $

24 Decorative Streetlamp EA 21 $ $

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. E. Payments

CONTRACTOR shall submit Applications for Payment. Applications for Payment will be processed by ENGINEER.

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 September 30th and October 31st and should expect payment on the 10th of the following month.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold in accordance with Paragraph 14.02 of the general conditions:

a. 100% of Work completed

b. 100% of cost of materials not incorporated in the Work but available on-site or at an approved storage site.

B. Normal payments will be on or about the 10th of the month following the payment request.

2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions.

Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.

CONTRACTOR’S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to the general, local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto.

F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with other terms and conditions of the Contract Documents.

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

H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests studies, and data with the Contract Documents.

I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

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

F. Time

The undersigned Contractor agrees to complete all work under this Agreement within 120 Days from the date of the Notice to Proceed. Contract completion shall be as described by Section 108.10 of the Virginia Department of Transportation Road and Bridge Specifications, as referenced in Section I below.

G. Applicable Law/Compliance

(1) Applicable Law

This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters of validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. However, if any conflict should arise between state, local, or federal rules, the federal-aid or most conservative approach shall be taken. Regardless of where actually delivered or accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

(2) Compliance with all Laws

Contractor shall comply with all federal, state and local statutes, ordinances, and regulations, now in effect or hereafter adopted, in the performance of work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional license and permits necessary for performance of this Agreement prior to the initiation of work. [If the Contractor is a corporation] Contractor further expressly represents that it is a corporation in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract. Contractor shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contract work.

(3) Venue

Any and all suits for any claims or for any breach or dispute arising out of these Contract Documents shall be maintained in the appropriate court of competent jurisdiction in the Town of Strasburg, Virginia.

(4) Environmental Considerations

Any cost or expense associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substance, including but not limited to, the cost of any cleanup activities, removals, remediation, responses, damages, fines, administrative or civil penalties or charges imposed on the Owner, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the release of any hazardous substances, or any noncompliance with or failure to meet any federal, state or local standards, requirements, laws, statutes, regulations or the law of nuisance by the Contractor (or its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons, corporations, or legal entities employed, utilized, or retained by the Contractor) in the performance of this Agreement or related activities, shall be paid by the Contractor.

(5) Non-Discrimination/Drug-Free Workplace Provisions

a. Employment discrimination by Contractor shall be prohibited. Contractor agrees to comply with Special Provision SF010CF-0309; “FHWA 1273, MEMORANDUM AND CFR CHANGE” dated January 19, 2009 included in the Contract Documents. Furthermore, during the performance of this Agreement, Contractor agrees as follows:

i. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Contractor.

Contractor will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act, and the Code of Virginia § 2.2-4311.

If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the Agreement on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

ii. Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that Contractor is an equal opportunity employer.

iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.

iv. Contractor will include the provisions of the foregoing subsections (i) and (ii), and (iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor b. During the performance of this Agreement, Contractor agrees as follows:

i. Contractor will provide a drug-free workplace for Contractor’s employees.

ii. Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

iii. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

iv. Contractor will include the provisions of the foregoing subsections (i), (ii) and (iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

v. For the purposes of this section, “Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.” vi. The contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

H. Liquidated Damages The damage and loss to the Owner resulting from failure of the Contractor to complete the Work within the time specified in this Agreement, plus any extension of time granted, shall be $600 per day.

I. Component Parts of the Contract This Agreement includes all components of the Bid Proposal, Contractor’s Bid, Phase 2d Construction Drawings prepared by Gay and Neel, Inc., Standard General Conditions, VDOT forms and documents listed in the Table of Contents and Construction Drawings. To the extent that VDOT forms, documents and insurance requirements conflict with the Standard General Conditions, VDOT forms, documents, and insurance requirements will control.

J. Binding This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

K. Changes to the Agreement No provision of this Agreement shall be changed, amended, modified, waived, or discharged except as agreed to in writing by the Owner and the Contractor.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and first above written in (______) counterparts each of which shall for all purposes be deemed an original.

______Owner Contractor

By: ______By: ______Name Name

Title: ______Title: ______

Attest: ______Attest: ______

Address: ______Address: ______

Contractor’s Registration No.: ______

(If Contractor is a corporation or an unincorporated organization, attach evidence of authority to sign)

APPROVED AS TO FORM: ______Town Attorney

PRE-BID QUESTION FORM

DATE: ______

NAME: ______

COMPANY: ______

______

SPECIFICATION SECTION ______PARAGRAPH ______

______

A separate form must be used for each question. Submit all Pre-Bid Question Forms to the Gay and Neel, Inc. attn. Tim Guthrie, [email protected], fax number (540) 381-2773 . All questions are due no later than ______. NO EXCEPTIONS. NOTICE OF AWARD TO:

Project Description: Strasburg Downtown Enhancements Phase 2

The Owner has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids dated ______, and information for Bidders.

You are hereby notified that your Bid has been accepted for items in the amount of $ .

You are required to return an acknowledged copy of this Notice of Award to the Owner.

Dated this day of ______.

______

OWNER

By:

Title:

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged.

By ______, this the

______day of ______, 20 ______.

By: ______

Title: ______NOTICE TO PROCEED

TO: ______Date:

______Project: Strasburg Downtown Enhancement Phase 2

______

You are hereby notified to commence Work in accordance with the Agreement dated ______, on or before ______, and you are to complete the Work within 120 consecutive calendar days thereafter. The date of completion of all work is therefore ______. A copy of the insurance and agreement, duly executed must be returned with this notice to proceed.

______

OWNER

By:

Title:

ACCEPTANCE OF NOTICE

RECEIPT of the above NOTICE TO PROCEED

Is hereby acknowledged by ______

______, this the

______, 20 ______,

______

By: ______

Title: ______

INSURANCE REQUIREMENTS

The Contractor shall provide coverage for not less than the following amounts or greater where required where required by law:

10.1 Worker's Compensation:

(1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory (3) Employer's Liability: $100,000

10.2 Comprehensive General Liability:

(1) Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate, Products and Completed Operations

(2) Property Damage: $300,000 Each Occurrence $500,000 Annual Aggregate

(3) Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. (4) Personal Injury, with employment exclusion deleted $1,000,000 Annual Aggregate Completed Operations: $1,000,000

10.3 Comprehensive Automobile Liability: (1) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident

(2) Property Damage: $300,000 Each Occurrence

10.4 Contractual Liability:

Bodily Injury: $1,000,000 Each Occurrence

Property Damage: $300,000 Each Occurrence $500,000 Actual Aggregate

10.5 Umbrella/Excess Liability:

$5,000,000 CONTRACTOR'S INSURANCE REQUIREMENTS

(NOTE: REVIEW THIS SECTION CAREFULLY WITH YOUR INSURANCE AGENT PRIOR TO BID SUBMISSION. ALSO, SEE THE "INSURANCE CHECKLIST" ON THE LAST PAGE FOR SPECIFIC COVERAGES APPLICABLE TO THIS CONTRACT.

1. CONTRACTOR'S INSURANCE

A. Terms and Conditions: At all times during the term of this Contract, the Contractor at his expense shall procure and maintain the insurance required in this section and elsewhere in the Contract to be provided by the Contractor. The Contractor shall require each subcontractor to procure and maintain similar insurance as specified by this Contract.

Proof Of Insurance (Certificates, Policies, Endorsements): Town of Strasburg (herein after referred to as the "Town") will not execute the Contract nor permit work under the Contract to commence or proceed until the successful bidder has delivered to the Town, one (1) copy of the Certificate of Insurance on an ACORD or other similar type form, fully completed, signed, and dated by an authorized representative of the insurance company or companies providing the insurance.

Before being permitted to commence work under this Contract, the Contractor shall deliver to the Town, one (1) Certificate of Insurance, satisfactory in form to the Town, showing that the Contractor has insurance in force in the kinds and amounts required herein to be provided by the Contractor. The Contractor shall be wholly responsible for the adequacy of the insurance furnished by its subcontractors.

Failure by the successful bidder to furnish the insurance documentation required herein, in form and content acceptable to the Town within fourteen (14) days after notification to do so, will be grounds for rejection of the bid and forfeiture of the bid deposit, unless such time is extended by the Town at its sole discretion. The receipt by the Town of the insurance documents offered by the successful bidder, and execution of the Contract on the basis of the documents offered, shall not relieve the Contractor of the responsibility for furnishing and maintaining all the kinds and amounts of coverages specified herein.

The Contractor and each subcontractor shall from time to time, upon the demand of the Town, promptly deliver to the Town such proof of insurance as they may require, including certified copies of the complete, original policies for each of the kinds of insurance required to be procured by the Contractor and/or subcontractors, if requested.

Additional Insured Endorsement: In addition, the successful bidder shall deliver one (1) certified copy of the endorsements to the Commercial General Liability and Umbrella Liability policies showing the Town has been named as an Additional Insured with regard to this project. The endorsement shall state that coverage afforded by this endorsement shall be primary to other insurance or self-insurance, whether such other coverage is stated as primary, excess, contingent or otherwise as respects the Town, their agents, and employees and not duplicate, concurrent, or excess in respect to other insurance carried by the Town.

Any aggregate limit provision found on liability policies must apply separately and specifically for this Contract.

Insurance Carrier Status: Each policy of insurance required under the Contract shall be issued by an “A” rated-Class VI (according to the A. M. Best's Rating Organization) insurance company authorized by the State of Virginia to issue such policy in this State, and shall be in form and content satisfactory to the Town.

Noncompliance with Insurance Requirements: Each policy shall be endorsed to provide that the coverages afforded under the policies will not expire and/or renew, be reduced or restricted in coverage, or canceled for any reason until at least forty-five (45) days prior written notice has been given by certified mail to the Town by the issuing insurance company.

In the event the Contractor's or any subcontractor's insurance coverages expire or are changed or canceled during the course of the work of this Contract, the Town may elect to bar the Contractor or subcontractor from the site of work until such time as the Contractor or subcontractor has demonstrated compliance with these insurance requirements and reinstatement of the required coverages.

Should the Contractor fail to demonstrate compliance with these insurance requirements within forty-five (45) days after the effective date of any expiration, noncomplying change or cancellation, the Town may elect to terminate the Contract in accordance with the termination and default provisions of the Contract.

Maintenance of Insurance Coverages: All liability insurance required by this Contract shall be maintained in force during the term of the Contract, and until the later of one (1) year after the Contractor or any subcontractor performs any work under the Contract. All "claims made" coverage requires a “one (1) year extended reporting period" following the date of final acceptance and must evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

Failure of the Contractor to procure or maintain any of the insurance coverages required herein shall not relieve or excuse the Contractor or the surety, or his bond, from any liability under the Contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations or indemnification responsibilities of the Contractor as may be stated elsewhere in this Contract.

Insurance Required The Contractor shall provide insurance as specified in these provisions.

Contractor's Responsibility for Operations and Subcontractors: The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all Contractor's materials, tools, equipment, appliances, and property of any and all description used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the Contractor's property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or Contractor's property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work.

Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection, or engineering services exclusion that would preclude the Town from supervising and/or inspecting the contracted work as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor.

Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. The Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for the acts and omissions of persons directly employed by it. Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property.

B. Specifications of Required Insurance:

The specific insurance policies required to be procured and maintained by the Contractor (in addition to any coverages required by other sections of this Contract) shall include terms and provisions shown as follows, and be written for not less than the limits of liability (for greater limits if required by law or contract) as shown on the "Insurance Checklist" at the end of these requirements.

1. Commercial General Liability Insurance containing the following kinds of coverage in the name of the Contractor, and naming the Town as an Additional Insured with regard to this project.

a) Premises Operations Insurance providing coverage for legal liability and expenses for bodily injury, sickness or disease, or death of any person other than Contractor's employees and property damage arising out of or resulting from the Contractor's operations or conduct of subcontractors employed by the Contractor in connection with this Contract.

b) Independent Contractor's Liability Insurance providing coverage for legal liability and expenses for bodily injury and property damage arising out of or resulting from the Contractor's operations or conduct of subcontractors employed by the Contractor in connection with this Contract.

c) Completed Operations and Products Liability Insurance providing coverage for legal liability and expenses for bodily injury and property damage arising out of or occurring during the time between the date of the completion of the work and the date of the expiration of the guarantee period, or occurring after the work has been abandoned, or arising out of the services, products, materials or equipment furnished by the Contractor under this Contract after physical possession of the services, products, materials or equipment have been relinquished.

d) Blanket Broad Form Contractual Liability Insurance providing coverage for legal liability and expenses for bodily injury and property damage imposed by Contract upon the Contractor with respect to all operations under this Contract by the Contractor or by his subcontractors. (The Contractor is advised to refer to the Hold Harmless, Defense and Indemnification provisions of this Contract.)

e) Personal Injury Liability including coverage for offenses related to employment;

f) Broad Form Property Damage Liability, including completed operations and including the loss of use resulting therefrom. All property damage liability insurance, except automobile shall specifically include coverage for explosion, collapse, and underground operations (XCU hazards).

CGL Limit Required: A combined single limit of at least $1,000,000 per Occurrence/$2,000,000 Aggregate.

2. Comprehensive Automobile Liability Insurance naming the Contractor as the named insured providing coverage for legal liability and expenses for bodily injury and property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any owned, nonowned and hired motor vehicles.

Automobile Limit Required: A combined single limit of at least $1,000,000 per occurrence.

3. Workers' Compensation and Employers' Liability Insurance A workers' compensation policy providing statutory limits as per the Commonwealth of Virginia.

C. Alternative of Additional Insurance:

If required by the Town, the Contractor and any subcontractor shall provide any other alternative or additional insurance coverage, with appropriate additions or deductions from the Contract price to be made pursuant to the provisions applicable to Change Orders.

2. CONSTRUCTION PROPERTY' INSURANCE (BUILDERS RISK)

A. Unless otherwise provided in the Special Conditions, the Contractor agrees to include the interest of the Owner, Contractor(s), subcontractors, and sub-subcontractors in an insurance policy covering all loss to the work, materials, and equipment by perils covered under the "Special" Property form, including theft, malicious mischief and vandalism. The policy will be written by an insurance company licensed to issue such policies in the State of Virginia. The Contractor will be furnished a copy of the Certificate of Insurance after the Contract is executed. The Contractor will purchase, pay for, and maintain this insurance throughout the life of this Contract and therefore, the cost of Builders Risk Insurance shall not be included in the Contractor's bid.

3. INDEMNIFICATION

The Contractor shall indemnify, protect, defend and hold harmless the Town, their agents and employees from and against any and all claims, demands, judgments, or causes of action, including costs and attorney's fees by any party or parties whatsoever for loss, damage, injury, fines or penalties, resulting from the negligence of the Contractor or the Contractor's agents, sub-contractors or employees arising out of the Contractor's performance of this Contract.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

______

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

______

AMERICAN SOCIETY OF CIVIL ENGINEERS

______

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition).

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org

Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology ...... 4 1.01 Defined Terms ...... 4 1.02 Terminology ...... 9

Article 2 – Preliminary Matters ...... 11 2.01 Delivery of Bonds and Evidence of Insurance ...... 11 2.02 Copies of Documents ...... 11 2.03 Commencement of Contract Times; Notice to Proceed ...... 11 2.04 Starting the Work ...... 12 2.05 Before Starting Construction ...... 12 2.06 Preconstruction Conference; Designation of Authorized Representatives ...... 12 2.07 Initial Acceptance of Schedules ...... 12

Article 3 – Contract Documents: Intent, Amending, Reuse ...... 13 3.01 Intent ...... 13 3.02 Reference Standards ...... 13 3.03 Reporting and Resolving Discrepancies ...... 14 3.04 Amending and Supplementing Contract Documents ...... 15 3.05 Reuse of Documents ...... 15 3.06 Electronic Data ...... 16

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ...... 16 4.01 Availability of Lands ...... 16 4.02 Subsurface and Physical Conditions ...... 17 4.03 Differing Subsurface or Physical Conditions ...... 17 4.04 Underground Facilities ...... 19 4.05 Reference Points ...... 20 4.06 Hazardous Environmental Condition at Site ...... 20

Article 5 – Bonds and Insurance ...... 22 5.01 Performance, Payment, and Other Bonds ...... 22 5.02 Licensed Sureties and Insurers ...... 23

EJCDC C-700 Standard General Conditions of the Construction Contract

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5.03 Certificates of Insurance ...... 23 5.04 Contractor’s Insurance ...... 24 5.05 Owner’s Liability Insurance...... 25 5.06 Property Insurance...... 26 5.07 Waiver of Rights ...... 27 5.08 Receipt and Application of Insurance Proceeds ...... 28 5.09 Acceptance of Bonds and Insurance; Option to Replace ...... 29 5.10 Partial Utilization, Acknowledgment of Property Insurer ...... 29

Article 6 – Contractor’s Responsibilities ...... 29 6.01 Supervision and Superintendence ...... 29 6.02 Labor; Working Hours ...... 30 6.03 Services, Materials, and Equipment ...... 30 6.04 Progress Schedule ...... 30 6.05 Substitutes and “Or-Equals” ...... 31 6.06 Concerning Subcontractors, Suppliers, and Others ...... 34 6.07 Patent Fees and Royalties ...... 35 6.08 Permits ...... 36 6.09 Laws and Regulations ...... 36 6.10 Taxes ...... 37 6.11 Use of Site and Other Areas ...... 37 6.12 Record Documents...... 38 6.13 Safety and Protection ...... 38 6.14 Safety Representative ...... 39 6.15 Hazard Communication Programs ...... 39 6.16 Emergencies ...... 40 6.17 Shop Drawings and Samples ...... 40 6.18 Continuing the Work ...... 42 6.19 Contractor’s General Warranty and Guarantee ...... 42 6.20 Indemnification ...... 43 6.21 Delegation of Professional Design Services ...... 44

Article 7 – Other Work at the Site ...... 45 7.01 Related Work at Site ...... 45 7.02 Coordination ...... 46 7.03 Legal Relationships ...... 46

Article 8 – Owner’s Responsibilities ...... 46 8.01 Communications to Contractor ...... 46 8.02 Replacement of Engineer ...... 46 8.03 Furnish Data ...... 47

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8.04 Pay When Due ...... 47 8.05 Lands and Easements; Reports and Tests ...... 47 8.06 Insurance ...... 47 8.07 Change Orders...... 47 8.08 Inspections, Tests, and Approvals ...... 47 8.09 Limitations on Owner’s Responsibilities ...... 47 8.10 Undisclosed Hazardous Environmental Condition ...... 47 8.11 Evidence of Financial Arrangements ...... 48 8.12 Compliance with Safety Program ...... 48

Article 9 – Engineer’s Status During Construction ...... 48 9.01 Owner’s Representative ...... 48 9.02 Visits to Site ...... 48 9.03 Project Representative ...... 49 9.04 Authorized Variations in Work ...... 49 9.05 Rejecting Defective Work ...... 49 9.06 Shop Drawings, Change Orders and Payments ...... 49 9.07 Determinations for Unit Price Work ...... 50 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...... 50 9.09 Limitations on Engineer’s Authority and Responsibilities ...... 50 9.10 Compliance with Safety Program ...... 51

Article 10 – Changes in the Work; Claims ...... 51 10.01 Authorized Changes in the Work ...... 51 10.02 Unauthorized Changes in the Work ...... 52 10.03 Execution of Change Orders ...... 52 10.04 Notification to Surety ...... 52 10.05 Claims ...... 52

Article 11 – Cost of the Work; Allowances; Unit Price Work ...... 54 11.01 Cost of the Work ...... 54 11.02 Allowances ...... 57 11.03 Unit Price Work ...... 57

Article 12 – Change of Contract Price; Change of Contract Times...... 58 12.01 Change of Contract Price ...... 58 12.02 Change of Contract Times ...... 59 12.03 Delays ...... 60

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...... 61 13.01 Notice of Defects ...... 61 13.02 Access to Work ...... 61 EJCDC C-700 Standard General Conditions of the Construction Contract

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13.03 Tests and Inspections ...... 61 13.04 Uncovering Work ...... 62 13.05 Owner May Stop the Work ...... 63 13.06 Correction or Removal of Defective Work ...... 63 13.07 Correction Period ...... 63 13.08 Acceptance of Defective Work ...... 64 13.09 Owner May Correct Defective Work ...... 65

Article 14 – Payments to Contractor and Completion ...... 66 14.01 Schedule of Values ...... 66 14.02 Progress Payments ...... 66 14.03 Contractor’s Warranty of Title...... 69 14.04 Substantial Completion ...... 69 14.05 Partial Utilization ...... 70 14.06 Final Inspection ...... 71 14.07 Final Payment ...... 71 14.08 Final Completion Delayed ...... 72 14.09 Waiver of Claims ...... 73

Article 15 – Suspension of Work and Termination ...... 73 15.01 Owner May Suspend Work ...... 73 15.02 Owner May Terminate for Cause ...... 73 15.03 Owner May Terminate For Convenience ...... 75 15.04 Contractor May Stop Work or Terminate ...... 75

Article 16 – Dispute Resolution ...... 76 16.01 Methods and Procedures ...... 76

Article 17 – Miscellaneous ...... 76 17.01 Giving Notice ...... 76 17.02 Computation of Times ...... 77 17.03 Cumulative Remedies ...... 77 17.04 Survival of Obligations ...... 77 17.05 Controlling Law ...... 77 17.06 Headings ...... 77

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which

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are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

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

2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

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

4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

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

6. Bidder—The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda).

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

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

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 for definition.

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

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

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

21. General Requirements—Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

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

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

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

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

30. PCBs—Polychlorinated biphenyls.

31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

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

33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

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

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

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

40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

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

42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

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

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

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

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

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.

C. Day:

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

D. Defective:

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

a. does not conform to the Contract Documents; or

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

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

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

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

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

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied.

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

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

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

B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.

2.02 Copies of Documents

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

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

2.04 Starting the Work

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

2.05 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review:

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

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and 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.

2.06 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

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

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No

progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

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

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

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

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

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

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner.

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

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

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

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby.

2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.

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 Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

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

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

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways:

1. A Field Order;

2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or

3. Engineer’s written interpretation or clarification.

3.05 Reuse of Documents

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer.

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

3.06 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

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

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

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

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

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

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

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

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

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

4.03 Differing Subsurface or Physical Conditions

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

1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or

2. is of such a nature as to require a change in the Contract Documents; or

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

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

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions.

C. Possible Price and Times Adjustments:

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03.

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

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

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

c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners,

employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

4.04 Underground Facilities

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

1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and

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

a. reviewing and checking all such information and data;

b. locating all Underground Facilities shown or indicated in the Contract Documents;

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

d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated:

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05.

4.05 Reference Points

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

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site.

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

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

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E.

E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph

10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 5 – BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents.

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

C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.

5.02 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.

5.03 Certificates of Insurance

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain.

B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain.

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

D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor.

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

5.04 Contractor’s Insurance

A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:

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

2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees;

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

4. claims for damages insured by reasonably available personal injury liability coverage which are sustained:

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

b. by any other person for any other reason;

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

6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

B. The policies of insurance required by this Paragraph 5.04 shall:

1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds

(subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby;

2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater;

3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20;

4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);

5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and

6. include completed operations coverage:

a. Such insurance shall remain in effect for two years after final payment.

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

5.05 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

5.06 Property Insurance

A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee;

2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions.

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

4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;

5. allow for partial utilization of the Work by Owner;

6. include testing and startup; and

7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued.

B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners,

employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee.

C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07.

D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense.

E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner.

5.07 Waiver of Rights

A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents,

consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued.

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

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

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them.

5.08 Receipt and Application of Insurance Proceeds

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

B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the

parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.

5.09 Acceptance of Bonds and Insurance; Option to Replace

A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly.

5.10 Partial Utilization, Acknowledgment of Property Insurer

A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,

method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents.

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

6.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer.

6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

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

6.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below.

1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if:

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

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

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

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

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

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

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

2. Substitute Items:

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item.

b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor.

c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances.

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

1) shall certify that the proposed substitute item will:

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

b) be similar in substance to that specified, and

c) be suited to the same use as that specified;

2) will state:

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

b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any

other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

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

3) will identify:

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

b) available engineering, sales, maintenance, repair, and replacement services; and

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

B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2.

C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination.

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

E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner

for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

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

6.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work.

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents:

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

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

D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor.

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

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.

6.07 Patent Fees and Royalties

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

B. To the fullest extent permitted by Laws and Regulations, 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.

6.08 Permits

A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.

6.09 Laws and Regulations

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

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

6.10 Taxes

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

6.11 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work.

B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste

materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

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

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

6.12 Record Documents

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

6.13 Safety and Protection

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

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

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

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

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety

and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

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

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

E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

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

6.15 Hazard Communication Programs

A. Contractor shall be responsible for 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.

6.16 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.

6.17 Shop Drawings and Samples

A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require.

1. Shop Drawings:

a. Submit number of copies specified in the General Requirements.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples:

a. Submit number of Samples specified in the Specifications.

b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

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

C. Submittal Procedures:

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

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

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

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

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

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

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

D. Engineer’s Review:

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

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or

programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1.

E. Resubmittal Procedures:

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

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing.

6.19 Contractor’s General Warranty and Guarantee

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

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

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

2. normal wear and tear under normal usage.

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

release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:

1. observations by Engineer;

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

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

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

5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer;

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

7. any correction of defective Work by Owner.

6.20 Indemnification

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

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor,

Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

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

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

6.21 Delegation of Professional Design Services

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

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

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

D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.

ARTICLE 7 – OTHER WORK AT THE SITE

7.01 Related Work at Site

A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then:

1. written notice thereof will be given to Contractor prior to starting any such other work; and

2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.

B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors.

C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination

A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions:

1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified;

2. the specific matters to be covered by such authority and responsibility will be itemized; and

3. the extent of such authority and responsibilities will be provided.

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

7.03 Legal Relationships

A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.

B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions.

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions.

ARTICLE 8 – OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

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

8.02 Replacement of Engineer

A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer.

8.03 Furnish Data

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

8.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C.

8.05 Lands and Easements; Reports and Tests

A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

8.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5.

8.07 Change Orders

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

8.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.

8.09 Limitations on Owner’s Responsibilities

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

8.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06.

8.11 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.

8.12 Compliance with Safety Program

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative

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

9.02 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 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

9.03 Project Representative

A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

9.04 Authorized Variations in Work

A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

9.05 Rejecting Defective Work

A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

9.06 Shop Drawings, Change Orders and Payments

A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17.

B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21.

C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.

D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.

9.07 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question.

B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B.

C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05.

D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.

9.09 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to

Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be 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 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any.

9.10 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D.

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).

B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that

should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.

10.02 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D.

10.03 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering:

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;

2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and

3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A.

10.04 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.

10.05 Claims

A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be

required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims.

B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time).

C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing:

1. deny the Claim in whole or in part;

2. approve the Claim; or

3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial.

D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied.

E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

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 11.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and 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 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

11.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances:

1. Contractor agrees that:

a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance:

1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

11.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.

Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in

Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).

C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.

B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12.

12.03 Delays

A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.

B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C.

D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.01 Notice of Defects

A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13.

13.02 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, 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.

13.03 Tests and Inspections

A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except:

1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;

2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and

3. as otherwise specifically provided in the Contract Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and

Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer.

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation.

F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice.

13.04 Uncovering Work

A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense.

B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.

C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.

D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

13.05 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

13.06 Correction or Removal of Defective Work

A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).

B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

13.07 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. repair such defective land or areas; or

2. correct such defective Work; or

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.

C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

13.08 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph

10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner.

13.09 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09.

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed.

14.02 Progress Payments

A. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

B. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on

Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or

d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A.

C. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.

D. Reduction in Payment:

1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

c. there are other items entitling Owner to a set-off against the amount recommended; or

d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

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

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement.

14.03 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.

14.04 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within

said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment.

E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list.

14.05 Partial Utilization

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work.

2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect

to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.07 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments.

2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6;

b. consent of the surety, if any, to final payment;

c. a list of all Claims against Owner that Contractor believes are unsettled; and

d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls,

material and equipment bills, and other indebtedness connected with the Work for which Owner 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.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Payment Becomes Due:

1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor.

14.08 Final Completion Delayed

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be

made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

14.09 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and

2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05.

15.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s repeated disregard of the authority of Engineer; or

4. Contractor’s violation in any substantial way of any provisions of the Contract Documents.

B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor:

1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion);

2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and

3. complete the Work as Owner may deem expedient.

C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice.

E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability.

F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C.

15.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and

4. reasonable expenses directly attributable to termination.

B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

15.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in

Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.

ARTICLE 16 – DISPUTE RESOLUTION

16.01 Methods and Procedures

A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.

B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above.

C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor:

1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or

2. agrees with the other party to submit the Claim to another dispute resolution process; or

3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction.

ARTICLE 17 – MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

17.04 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

17.05 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

17.06 Headings

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

SUPPLEMENTARY CONDITIONS

Supplementary Conditions

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, (EJCDC No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect.

The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof.

The Article and Paragraph numbering is the same as that used in the General Conditions, superseded by SC.

SC-1.01.A.12.

Add the following language at the end of paragraph 1.01.A.12 of the General Conditions:

“The Contract Documents shall also include the Invitation to Bid and the Instructions to Bidders. “

SC-1.01.A.19.

Replace paragraph 1.01.A.19 of the General Conditions with the following:

SC-2.01.A.

Add the following language to the end of paragraph 2.01.A of the General Conditions:

“…, except that the Bid Bond shall be submitted with the Bid.”

SC-2.02.A.

Amend the first sentence of paragraph 2.02.A of the General Conditions to read as follows:

“Owner shall furnish to Contractor five copies of the Contract Documents as are reasonably necessary for the execution of the Work.”

SC-2.03.A.

Delete paragraph 2.03.A in its entirety and insert the following in its place:

A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement.

SC-2.04.A.

Add the following language to the end of paragraph 2.04.A of the General Conditions:

“...unless authorized by the Owner and at the sole risk of the Contractor”.

SC-2.05.A.4.

Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions to read as follows:

4. The schedule of values shall be reported in both materials and labor for component parts of the Work. The schedule of values shall be submitted to the Engineer for approval and shall become a baseline for progress payments and changes to the Contract.

SC-2.07.A.2.

Add the following sentence to the end of paragraph 2.07.A.2 of the General Conditions:

“The Contractor shall provide periodic updates of the schedule of Shop Drawings to the Engineer upon request.”

SC-3.01.

Add the following sentence at the end of paragraph 3.01.C of the General Conditions:

“Conflicts between a reference specification or standard, and the Project Specifications shall be brought immediately to the attention of the Engineer for his final decision before work proceeds.”

In addition, add the following new paragraphs immediately after paragraph 3.01.C of the General Conditions:

D. In case of difference between small and large-scale drawings, the large-scale drawings shall govern.

E. Schedules on Contract drawings shall take precedence over conflicting information on that or other contract drawings.

F. Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. Technical specifications take priority over general specifications and detail drawings take precedence over general drawings. Any conflict or inconsistency in the drawings or the specifications shall be submitted by the Contractor to the Engineer whose decision thereon shall be conclusive. In case of conflict or inconsistency between the drawings and the specifications, the specifications shall govern.

G. Should any work or material be required which is not denoted in the drawings and specifications either directly or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required and that the Contractor shall perform such work and furnish such materials as fully as if they were completely delineated and prescribed.

H. Omissions from the drawings or specifications or the misdescription of details of Work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the Work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications at no additional cost to the Owner.

I. Calculations shall be made for missing dimensions. Figures marked on drawings shall in general be followed in preference to scale measurements.

J. On the drawings where a portion of the Work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out shall apply to other like portions of the Work.

K. Where the word “similar” occurs on the drawings it shall have a general meaning and not be interpreted as being identical and details shall be worked out in relation to their location and their connection with other parts of the Work.

L. Compare drawings and verify the figures before laying out the Work and be responsible for errors which might have been avoided thereby.

M. Standard Details are applicable when listed, bound with the specifications, noted on the drawings, or referenced elsewhere in the specifications.

N. Where the notes on the drawings indicate modifications, such modifications shall govern.

O. The drawings are diagrammatic and show the intended arrangement of principal apparatus, piping and appurtenances. The Contractor shall note the nature of this work requires connection to existing piping. The drawings were made in part from Record Drawings of the existing facility. Neither the Owner nor the Engineer purport the Record Drawings, and thus these construction Drawings, to be accurate or dimensionally exact.

P. The Contractor shall have sole responsibility for field verifying existing equipment, piping, appurtenances and structure locations, and dimensions prior to ordering, fabrication and installation of equipment, piping, appurtenances and materials.

Q. Submit written details and reasons for proposed deviations from the Drawings and Specifications. Do not deviate therefrom unless authorized by Field Order or Change Order. If approved changes require alteration of structures or related work, make such alterations as approved in advance at no additional cost to the Owner and/or Engineer.”

SC-3.03.A.3.

In paragraph 3.03.A.3., change “had actual knowledge thereof” to “knew or reasonably should have known thereof.”

SC-4.01.B.

Paragraph 4.01.B. of the General Conditions is revised to end the sentence with a period after the word “therein.” The remainder of the sentence is deleted.

SC-4.02.A.

As referenced by 4.02.A of the General Conditions, no additional reports, explorations, or tests, exist. If the Contractor wishes to dig test pits at the site to aid in subsurface investigation, he shall obtain permission by contacting Owner. Test pits shall be refilled to original grade immediately after testing is complete.

SC-4.02.B.4.

Add a new paragraph immediately after paragraph 4.02.B.3 of the General Conditions, which is to read:

4. All excavation, boring or drilling necessary for the completion of the Work shall be deemed unclassified. No allowances or extras shall be made for the presence of rock encountered while excavating, boring or drilling. The Engineer and the Owner make no representations or warranties as to surface, subsurface, or underground site conditions. As a result, no claim, amendment, change order or contract extension will be made or awarded for concealed, unknown, different or unexpected sub-grade composition encountered during or in any excavation, boring, or drilling.

SC-4.06.G.

Paragraph 4.06.G. of the General Conditions is deleted in its entirety.

SC-5.04.

Add the following new paragraph immediately after 5.04.B:

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

1. Workers’ Compensation and related coverages under paragraph 5.04.A.1 and A.2 of the General Conditions:

a. State: Statutory

b. Applicable Federal (e.g. Longshoremen’s): Statutory

c. Employer’s Liability: $500,000

2. Contractor’s General Liability under paragraphs 5.04.A.3 and A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody, and control of the Contractor.

a. General Aggregate: $2,000,000

b. Products-Completed Operations Aggregate: $1,000,000

c. Personal and Advertising Injury: $1,000,000

d. Each Occurrence (Bodily Injury and Property Damage): $1,000,000

e. Property Damage liability insurance will provide Explosion, Collapse, and Under- ground coverages where applicable.

f. Excess or Umbrella Liability 1) General Aggregate: $5,000,000 2) Each Occurrence $5,000,000

3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions:

a. Combined Single Limit of: $1,000,000

4. The Contractual Liability coverage required by 5.04.B.4 of the General Conditions shall be provided by the Contractor as part of Contractor’s General Liability Coverage.

SC-5.04.B.4.

Add the following sentence to the end of paragraph 5.04.B.4 of the General Conditions:

“The Owner and Engineer shall be included as additional insured parties under the Contractor’s policy and the policy shall waive the right of subrogation against the Owner and Engineer”.

SC-5.04.B.

Add new paragraphs immediately after paragraph 5.04.B.6 of the General Conditions to read as follows:

7. Named Insured: As to insurance set out above, Owner and Engineer shall be named as additional insured.

8. Waiver of Subrogation: All policies shall be endorsed to provide that underwriters and insurance companies of Contractor shall not have any right of subrogation against Owner or Engineer or any of its parents, subsidiaries, agents, employees, invitees, servants, subcontractors, insurers, underwriters, and such other parties as they may designate.

9. Primary Insurance: All policies shall be endorsed to provide that coverage provided by Contractor’s insurance shall always be primary coverage as respects any insurance maintained by Owner or Engineer.

10. Notice of Cancellation. All policies shall be endorsed to provide that thirty (30) days prior written notice shall be given to Owner in the event of cancellation or material change in the policies.

11. The Contractor and its subcontractors at all times shall waive any right of recovery against Owner or Engineer or any of their parents, subsidiaries, affiliates, agents, employees, invitees, servants, subcontractors, insurers, underwriters and such other parties as they may designate for loss or damage covered by insurance of the types specified above and the Excess Employers Liability Insurance and coverage of builder’s “all risk” and boiler and machinery insurance.”

SC-5.06.A.

In the second line of paragraph 5.06.A of the General Conditions, delete the word “Owner” and insert in its place the word “Contractor.”

SC-5.06.B.

In the first line of paragraph 5.06.B of the General Conditions, delete the word “Owner” and insert in its place the word “Contractor.”

SC-5.07.A.

Amend the third sentence of paragraph 5.07.A as follows:

Contractor shall waive all rights against Owner, Subcontractors, Engineer, Engineer’s Consultants, and their respective officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them for all losses or 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.

SC-5.07.B.

Amend the first sentence of paragraph 5.07.B of the General Conditions to read as follows:

“Contractor waives all rights against the Owner, Subcontractors, Engineer, Engineer’s Consultants and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them for: . . ..”

SC-5.07.C.

Delete paragraph 5.07.C of the General Conditions in its entirety.

SC-5.07.D.

Add a new paragraph immediately after paragraph 5.07.C of the General Conditions to read as follows:

“The Contractor shall defend, protect and save harmless the Owner and the Engineer from and against all claims, suits, actions, liability, loss, damage, and expense arising out of any negligent act or negligent omission of the Contractor or any subcontractor or consultant of the Contractor or any of their respective agents or employees in connection with the performance of this Agreement.”

SC-5.08.A.

Delete paragraph 5.08.A of the General Conditions in its entirety.

SC-5.08.B.

Delete paragraph 5.08.B of the General Conditions in its entirety.

SC-5.09.A.

Delete paragraph 5.09.A of the General Conditions in its entirety, and insert the following in its place:

“If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with paragraphs 5.04, 5.05 and 5.06 on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner in accordance with paragraph 2.05.C. Contractor shall provide such additional information in respect of insurance provided as the Owner may reasonably request.”

SC-6.01.A.

Add the following to the end of the second sentence of 6.01.A:

“;however, the Contractor shall be responsible for immediately notifying the Engineer if any error is found in the Contract Documents, at which time the Engineer shall review the situation and make the necessary adjustments upon approval of Owner.

SC-6.03.A.

Add the following language at the end of paragraph 6.03.A of the General Conditions:

“The Contractor shall perform not less than 80 percent of the total dollar amount of the work, excluding the cost of material and equipment, with forces that are directly in the employment of the Contractor’s organization.”

SC-6.05.A.2.d.1.b.

Add the following language in paragraph 6.05.A.2.d.1.b of the General Conditions, after the word “specified”:

“considering quality, workmanship, economy of operation, and acceptability for use on the project.”

SC-6.05.B.

Add the following language at the end of paragraph 6.05.B of the General Conditions:

“The decision of the Engineer shall be final and not appealable or subject to arbitration.”

SC-6.05.C.

Amend 6.05.C by making two subparagraphs under the current title C, Engineer’s Evaluation. The current paragraph text is retitled, 6.05.C.2, After Effective Date of Agreement. A new paragraph is added before the current paragraph to read as follows:

1. During Bidding. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or “or- equal” materials and equipment as defined in paragraph 6.05 of the General Conditions, or those substitute materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents, establish a standard of required type, function, and quality to be met by any proposed substitute or “or-equal” item. A request for Engineer’s clarification of materials and equipment

considered “or-equal” prior to the Effective Date of this Agreement must be received by the Engineer at least 5 days prior to the date for receipt of Bids. No item of material or equipment will be considered by the Engineer as a substitute unless written request for approval has been submitted by the Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each request shall conform to the requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

SC-6.06.B.

Revise the second sentence of paragraph 6.06.B of the General Conditions, to read as follows:

“Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity; however, the Contract Price will not be adjusted by the difference in the cost occasioned by such replacement.”

SC-6.06.

Add a new paragraph immediately after paragraph 6.06.G of the General Conditions, which is to read as follows:

H. The Contractor shall furnish the names of subcontractors he proposes to employ on the project. When the subcontractors are approved, no changes shall be made except for valid reasons in writing to the Owner and with written approval of the Owner.

SC-6.07.B.

Delete paragraph 6.07.B of the General Conditions in its entirety.

SC-6.08.

Add a new paragraph immediately after paragraph 6.08.A of the General Conditions, which is to read as follows:

B. The Contractor shall obtain and pay for all required permits, including but not limited to permits from Virginia Department of Transportation, and the land disturbance and building permits from the Town of Strasburg. The Contractor shall comply with all permit requirements and all costs shall be included in his Bid.”

SC-6.17.D.

Add a new paragraph immediately following 6.17.D.3 of the General Conditions:

4. A maximum of two submissions of each shop drawing will be reviewed, checked, and approved or commented upon without charge to the Contractor. Any additional submissions which are ordered by the Engineer to fulfill the stipulations of the Contract Documents, and which are required by virtue of the Contractor’s neglect or failure to comply with the requirements of the Contract Documents or to make those modifications and/or corrections ordered by the Engineer in the review of the first two submissions of each shop drawing, will be reviewed and checked as deemed necessary by the Engineer, and the cost of such review and checking, as determined by the Owner will be deducted from the Contractor’s monthly invoices or from monies retained under the provisions of the Contract Documents. It is therefore incumbent upon the Contractor to make all modifications and/or corrections, and/or to cause such modifications and/or corrections to be made by his subcontractors, suppliers, distributors, equipment fabricators and/or manufacturers as may be required by the Engineer in an accurate, complete, and timely fashion.”

SC-6.20.A.

Delete from paragraph 6.20.A. of the General Conditions the following language:

“(other than the Work itself)...”

SC-7.01.B.

Amend the last sentence of paragraph 7.0l.B of the General Conditions to read as follows:

“The duties and responsibility of the Contractor under this Paragraph are for the benefit of such owners and other contractors.”

SC-8.02.A.

Delete paragraph 8.02.A of the General Conditions in its entirety, and insert the following in its place:

“In the case of termination of employment of Engineer, Owner shall appoint an Engineer whose status under the Contract Documents shall be that of the former Engineer.”

SC-8.06.A.

Delete paragraph 8.06.A of the General Conditions in its entirety.

SC-8.11.

Delete paragraph 8.11.A of the General Conditions in its entirety.

SC-10.01.A.

Add a new paragraph immediately after paragraph 10.01.A of the General Conditions, which is to read as follows:

1. When the Owner and Contractor have agreed upon a Modification in the Work, but a written Change Order Document has not yet been executed, the Owner may, at its sole discretion and option, direct in writing the Contractor to proceed with the Change in the Work pending the execution of the formal Change Order. Contractor shall proceed in accordance with such direction.”

SC- 10.03.

Add new paragraphs immediately after paragraph l0.03.A of the General Conditions, which are to read as follows:

B. In pricing changes to the Work, an hourly rental rate will be used for rental construction equipment. The hourly rental rate will be determined by using the

monthly rental rates taken from the current edition of the rental Rate Blue Book for Construction Equipment and dividing it by 176. An allowance will be made for operating costs for each and every hour the equipment is actually operating in accordance with the rates set forth in the aforementioned Blue Book. The Contractor will be allowed only 65 percent of the rental rate on Contractor owned equipment.

C. In determining the extension of contract time, under a change in Work, consideration shall be given to any periods of float in the Contractor’s schedule. The float in the schedule can be used by either the Contractor or the Owner and is not for the exclusive use of the Contractor.

D. A Request for Proposal describes a proposed Change in the Work. The Contractor is required to submit a complete proposal for the total cost and additional time, if any, necessary to perform the proposed Change in the Work. Request for Proposals shall be numbered consecutively by date of issuance by the Engineer.

E. A Proposed Change Order is a written request from the Contractor to the Owner requesting a change in the Contractor Amount and/or Contract Time. A Proposed Change Order is submitted as a proposal in response to a Request for Proposal or as a claim for an increase in the Contract Sum or Contract Time pursuant to the issuance of a Field Order. Proposed Change Orders shall be numbered consecutively by date of issuance by the Contractor. The Contractor shall also indicate on the proposed Change Order the number of the Request for Proposal or the Field Order to which it responds.

F. If the Contractor’s Proposed Change Order is rejected by the Owner as being within the scope of the Work required by the Contract Documents, the Owner may, at its option and discretion, direct the Contractor to perform the Work which is the subject of the said Proposed Change Order; the Contractor shall then promptly proceed with the said Work. Nothing herein shall excuse the timely performance by the Contractor of the Work because any Proposed Change Order is pending.”

SC-11.01.A.5.f.

Amend the first sentence of paragraph 11.01.A.5.f of the General Conditions by striking out the following words:

“...(except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph S.06.D)....”

SC-12.01.C.1.

Delete paragraph 12.01.C.1 of the General Conditions in its entirety.

SC- 12.01.C.2.

Delete from the first sentence of paragraph 12.01.C.2 of the General Conditions the following language:

“if a fixed fee is not agreed upon, then...”

SC-12.03.

Add the following new paragraph immediately after paragraph 12.03.E:

F. When establishing the Contract Time, an allowance will be made for four (4) calendar days of work lost per month due to inclement weather conditions. The Contractor, at the time of each periodic pay request, shall submit to the Engineer and Owner for approval a list of all working days lost due to either inclement weather or site conditions caused by inclement weather for the period. Accompanying his list should be a summary of the specific conditions which caused the loss. This request will be reviewed by the Engineer in light of observations made by the Engineer and resident inspector. Approval of the periodic payment estimate by the Engineer, Owner, and Agency will also include approval of the weather delay request.

After substantial completion, and not until then, a change order must be executed if a time extension for weather related delays is requested by the Contractor. The time extension must be based solely on the time requested within the periodic payment estimates combined. The four days per month allowance assumed in the contract for weather delays will be subtracted from this total time. There cannot be a decrease in contract length if the allowance for inclement weather exceeds the actual days lost due to inclement weather. To convert working days lost into calendar days, multiply the working days lost by seven (7) and divide by the number of working days in a typical work week.

SC-13.03.B.

In the first sentence of paragraph 13.03.B of the General Conditions, delete the word “Owner” and insert in its place the word “Contractor.”

SC-14.02.A.1.

Delete the second sentence in its entirety and insert in its place:

“The Contractor shall submit his Pay Applications no more often than once a month. Following agreement between the Contractor’s Project Representative and the Engineer as to quantities and price, the Owner shall have one (1) month to complete processing of the Request for Payment. Payments under this contract shall be made only for work completed and in place. The Engineer may make exceptions for stored materials at his sole discretion and subject to such conditions as he may choose to impose.”

SC- 14.02.A.3

Delete paragraph 14.02.A.3 of the General Conditions in its entirety. Insert new paragraphs immediately after paragraph 14.02.A.3 of the General Conditions, to read as follows:

4. Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as recommended by Engineer during construction as provided in paragraphs below. All such payments will be measured by the schedule of values established in paragraph 2.05 and 2.07 of the General Conditions.

a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.02.B.5 of the General Conditions.

i. 100% of Work completed

ii. 100% of materials and equipment not incorporated in the Work but delivered to the site, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.02.A.1 of the General Conditions.

b. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 100% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph

14.02.B.5 of the General Conditions.

c. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07.B.1 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07.B.1.”

SC- 14.02.D. 1.

Add a new paragraph immediately after paragraph 14.02.D. 1.d of the General Conditions, which is to read as follows:

e. Contractor has incurred liability for liquidated damages or such liability is reasonably imminent.”

SC-14.02.

Add the following new paragraph immediately after paragraph 14.03.D:

E. Payment of Mobilization.

1. The Contractor may request up to 50% of the Mobilization amount with the first pay request.

2. The remaining amount for Mobilization may be requested with the second pay request.

SC-14.07.B.1.

In the first sentence of paragraph 14.07.B.1 of the General Conditions, delete the word “ten” and insert in its place the word “thirty.”

SC- 14.08.

Add a new paragraph immediately after paragraph 14.08.A of the General Conditions, which is to read as follows:

B. Damages for Delay: Owner and Contractor recognize that the Owner will suffer direct financial loss if the Work is not completed within the Contract Time specified in the Bid Form plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by

Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of $600.00 for each calendar day that expires after the Contract milestones specified in the Bid Form until the Work is completed. These amounts represent a reasonable estimate of Owner’s expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. In addition to these liquidated damage amounts there shall be other amounts for additional delay damages incurred by Owner caused by avoidable delays by Contractor. These actual delay damages will include, but not be limited to, delay damage settlements or awards owed by Owner to others; delay penalties, fines or penalties imposed by regulatory agencies; contract damages and loss of use, and professional fees incurred in connection with such settlements, awards, penalties, fines or penalties, contract damages and loss of use.

SC-14.09.A.

Delete paragraph 14.09.A.1. of the General Conditions in its entirety.

SC-15.03.A.

Add new paragraphs immediately after paragraph 15.03.A.4 of the General Conditions, which are to read as follows:

5. Upon receipt of such Notice, the Contractor shall:

a. Cease any further deliveries or work due under this contract, on the date, and to the extent, which may be specified in the Notice;

b. Place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice;

c. Terminate all subcontracts except those made with respect to contract performance not subject to the Notice;

d. Settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Owner; and

e. Use its best efforts to mitigate any damages, which may be sustained by him as a consequence of termination under this clause.

6. After complying with the provisions above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of their termination, unless one or more extensions of three (3) months each are granted by Owner.

7. The Owner shall pay reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered, or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.”

SC-15.05.

Add a new paragraph entitled, Default, immediately after paragraph 15.04 of the General Conditions, to read as follows:

15.05 Default

Either party may terminate the Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provisions contained herein.

SC- 16.

Delete Article 16 of the General Conditions in its entirety.

SC- 17.

Add new paragraphs immediately after paragraph 17.06 of the General Conditions, to read as follows:

17.07 Right to Audit:

A. The Contractor agrees that Owner shall, until the expiration of three (3) years after final payment hereunder, have access to and the right to examine and copy directly pertinent books, documents, papers and records of the Contractor involving transactions related to this Contract.

B. The Contractor further agrees to include in subcontracts for more than $10,000 entered into as a result of this Contract, a provision to the effect that the subcontractor agreed that the Owner shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and copy directly pertinent books, documents, papers and records of such Contractor involving transactions related to such subcontract, or this Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

C. The period of access provided in paragraphs 17.07.A and 17.07.B above for records, books, documents and papers which may relate to arbitration, litigation, or the settlement of claims arising out of the performance of this contract or a subcontract shall continue until appeals, arbitration, litigation or claims shall have been finally disposed of.

17.08 Consent to Publish

A. The Contractor shall not publish, permit to be published, or distribute for public consumption, information, oral or written, concerning the results or conclusions made pursuant to performance of this Contract, without the prior written consent of the Owner. (Two copies of material proposed to be published or distributed shall be submitted to the Owner for review.

17.09 Conduct of Contractor’s Forces

A. The Contractor shall be responsible for informing each employee and those of his subcontractors that the use, consumption, possession, or distribution of alcoholic beverages or illegal drugs is prohibited on or at the Project site.

B. The Contractor shall further inform his employees and those of his subcontractors of the consequences of violation of the “Drug Control Act” and the “Alcoholic Beverage Control Act,” Code of Virginia (54-524.1 et seq. and 4-i et seq., respectively).

C. The Contractor shall preclude entry onto the Owner’s property of any employee or subcontractor employee found to be under the influence of alcohol or drugs. In addition, the Contractor shall remove from the Owner’s property employees or subcontractor employees found on the Project premises to be under the influence of alcohol or drugs.

D. The Contractor shall remove employees from the premises of the Owner’s property when directed by the Owner’s or the Engineer for violation of these provisions or for conduct considered disorderly or detrimental to the safety of Owner’s, Engineer’s, or Contractor’s employees or property, operation of the Facility, or interference with progression of the Work.

E. The Contractor shall assure that the above provisions, including this paragraph, are included in subcontracts.

17.10 Nondiscrimination

A. During the performance of the Contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient compliance with this provision.

4. Contractor shall include the provisions of the foregoing subparagraphs in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.”

17.11 Drug-Free Work Place

A. During the performance of this Contract, the Contractor agrees to:

1. Provide a drug-free workplace for the Contractor's employees;

2. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or

marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

3. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

4. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

B. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract.

17.12 Authorized to Transact Business

Pursuant to 2.2-4311.2 of the Code of Virginia (1950), as amended, if the Contractor is organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered limited liability partnership, the Contractor shall provide documentation acceptable to the Owner establishing that Contractor is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia (1950), as amended, or as otherwise provided by law. The Contractor shall not allow its existence to lapse or its certificate of authority to be revoked or cancelled at any time during the term of this contract. Owner may void this Contract if Contractor fails to remain in compliance with the provisions of this section.

17.13 Compliance with Immigration Laws

The Contractor does not, and shall not during the performance of this Contract for goods and services in the Commonwealth knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

End of Section

Form C-18a Rev. 2-14-06

Order No.: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION CONTRACT PERFORMANCE BOND

Know all men by these presents. That we

Hereinafter called the (“principal”) and

(hereinafter called the “Surety”), are held and firmly bound unto the Commonwealth of Virginia (hereinafter called the “Owner”), in full and just sum of

Dollars ( $ ) lawful money of the United States of America to be paid to said

“Owner.” Its successors, and assigns, to which payment well and truly to be made we bind ourselves, executors, administrators, successors, and assigns jointly and severally and firmly by these presents:

Whereas, The above bounden: "Principal” has entered into a contract with the said “Owner” by and through the Commonwealth Transportation Commissioner of the Department of Transportation, said contract being attached hereto, for constructing or otherwise improving

Project:

Located

Contract ID Number: upon certain terms and conditions in said contract more particularly mentioned: and

Whereas. It was one of the conditions of the award of the “Owner” pursuant to which said contract was entered into, that these presents shall be executed:

Now: Therefore. The conditions of this obligation is such that if the above burden “Principal” shall in all respects comply with the terms and conditions of said contract and his obligations thereunder, including the “Specifications", with amendments thereto, “Special Provisions,” “Proposal,” and plans therein refered to and made a part thereof, and such alterations as may be made in said plans and specifications as therein provided for, and shall indemnify and save harmless the said “Owner” against or from all cost, expenses, damages, injury or as loss to which the said :"Owner” may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence or default, including patent infringements, delay or failure to comply with contract provisions, on the part of said “Principal,” his agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the “Principal,” and shall pay all just claims for damages and injury to property then this obligation to be void; otherwise, to be and remain in full force and virtue in law.

Witness, The signature of the “Principal” and the signature of the “Surety” by its Attorney-in-fact and its corporate seal duly attached by their Attorney-in-fact,

hereunto affixed this day of in the year

(Principal) (Surety Company)

By By: : (Officer, Partner or Owner) (SEAL) Attorney-in-fact (SEAL

(Address) (Address)

(Continued)

Form C-18a Rev. 2-14-06

ORDER NO.: CONTRACT PAYMENT BOND

Know all men by these presents. That we

Hereinafter called the “Principal” and

(hereinafter called the “Surety”), are held and firmly bound unto the Commonwealth of Virginia (hereinafter called the

“Owner”), in full and the just sum of

Dollars ( $ ) lawful money of the United States of America to be paid to said

Whereas, The above bounden “Principal” has entered into a contract with the said “Owner” by and through the Commonwealth Transportation Commissioner of the Department of Transportation, said contract being attached hereto, for constructing or otherwise improving

Project:

Located: upon certain terms and conditions in said contract more particularly mentioned: and

Whereas, It was one of the conditions of the award of the “Owner” pursuant to which said contract was entered into, that these presents shall be executed:

Now: Therefore. The conditions of this obligation is such that if the above burden “Principal” shall promptly pay all just claims for labor and material (including public utility services and reasonable rental of equipment when such equipment is actually used at the site) performed for or supplied to said “Principal” or any subcontractor in the prosecution of the work contracted for then this obligation is to be void; otherwise; to be and remain in full force and virtue in law.

Witness, the signature of the “Principal” and the signature of the “Surety” by its Attorney-in-fact and its corporate seal duly attached by their Attorney-in-fact, hereunto affixed this day of in the year

(Principal) (Surety Company)

By: By: (Officer, Partner or Owner) (SEAL) Attorney-in-fact (SEAL

(Address) (Address)

Form C-24 Rev. 7-6-05

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION PROPOSAL GUARANTY

KNOW ALL MEN BY THESE PRESENTS, THAT WE As

principal, and Surety, are held and firmly bound unto the Commonwealth of Virginia as obligee, in the amount of FIVE PERCENT OF THE DOLLAR VALUE OF THE BID, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents.

SIGNED, sealed and dated this Day of , 20

WHEREAS, the above said principal is herewith submitting its proposal for:

PROJECT NUMBER:

NOW, THEREFORE, the condition of the above obligee is such, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the time specified in the Specifications after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise to remain in full force and effect and the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the liability exceed the penal sum hereof.

(Principal*) (Surety Company)

By: By: (Officer, Partner or Owner) (Seal) (Attorney-in-Fact**) (Seal)

(Principal*) (Address)

By: By: (Officer, Partner or Owner) (Seal) (Surety Company)

(Principal*) (Attorney-in-Fact**) (Seal)

By: By: (Officer, Partner or Owner) (Seal) (Address)

*Note: If the principal is a joint venture, each party thereof must be named and execution made by same hereon. If there is more than one surety to the bid bond, each surety must be named and execution shall be made by same hereon. Electronic Bid Only: In lieu of completing the above section of the Contract Performance Bond, the Principal shall file an Electronic Bid Bond when bidding electronically. By signing below the Principal is ensuring the identified electronic bid bond has been executed and the Principal and Surety are firmly bound unto the Commonwealth of Virginia under the same conditions of the bid bond as shown above.

Electronic Bid Bond ID# Company/Bidder Name Signature and Title

**Attach copy of Power of Attorney Form C-48 Rev. 2-23-11

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION FORM (ALL BIDDERS)

PROJECT NO. CONTRACT I.D. NO.

FHWA NO. DATE SUBMITTED

All bidders, including DBEs bidding as Prime Contractors, shall complete and submit the following information as requested in this form within ten (10) business days after the opening of bids.

The bidder certifies this form accurately represents its solicitation and utilization or non-utilization, as indicated, of the firms listed below for performance of work on this contract. The bidder also certifies he/she has had direct contact with the named firms regarding participation on this project.

BIDDER SIGNATURE

TITLE

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION (ALL)

VENDOR TELEPHONE DBE OR UTILIZED NUMBER NAME OF SUBCONTRACTOR/SUPPLIER NUMBER NON-DBE (Y/N)

NOTE: ATTACH ADDITIONAL PAGES, IF NECESSARY.

BIDDER MUST SIGN EACH ADDITIONAL SHEET TO CERTIFY ITS CONTENT AND COMPLETION OF FORM.

Form C-49 2-24-14 Sheet 1 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

--DO NOT DETACH--

THIS INFORMATION MUST BE SUBMITTED

WITHIN 2 DAYS AFTER BID OPENING IF YOUR BID DOES NOT MEET THE PROJECT DBE REQUIREMENTS, OR

WHEN REQUESTED BY VDOT

CONTRACT I.D. NUMBER______

PROJECT NUMBER______

FHWA NUMBER______

DISTRICT______

DATE BID SUBMITTED______

BIDDER’S NAME______

SIGNATURE______

TITLE______

VENDOR NUMBER______

DBE GOAL FROM BID PROPOSAL______

Form C-49 7-7-11 Sheet 2 of 10 COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

NAMES OF CERTIFIED DBEs AND THE DATES ON WHICH THEY WERE SOLICITED TO BID ON THIS PROJECT

INCLUDE THE ITEMS OF WORK OFFERED AND THE DATES AND METHODS USED FOR FOLLOWING UP INITIAL SOLICITATIONS TO DETERMINE WHETHER OR NOT DBEs WERE INTERESTED.

NAMES AND VENDOR NUMBERS OF DBEs DATE OF INITIAL ITEM(S) OF WORK FOLLOW-UP METHODS SOLICITED SOLICITATION AND DATES

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY

ATTACH COPIES OF SOLICITATIONS, TELEPHONE RECORDS, FAX CONFIRMATIONS, ELECTRONIC INFORMATION, ETC. Form C-49 7-7-11 Sheet 3 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER______SIGNATURE______

TITLE______

TELEPHONE LOG

TELEPHONE DATE TIME CONTACT PERSON OR DBE(s) CALLED NUMBER CALLED CALLED VOICE MAIL STATUS

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY Form C-49 7-7-11 Sheet 4 of 10 COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

ITEM(S) OF WORK THAT THE BIDDER MADE AVAILABLE TO DBE FIRMS

IDENTIFY THOSE ITEM(S) OF WORK THAT THE BIDDER MADE AVAILABLE TO DBE FIRMS OR THOSE ITEM(S) THE BIDDER IDENTIFIED AND DETERMINED TO SUBDIVIDE INTO ECONOMICALLY FEASIBLE UNITS TO FACILITATE DBE PARTICIPATION. FOR EACH ITEM LISTED, SHOW THE DOLLAR VALUE AND PERCENTAGE OF THE TOTAL CONTRACT AMOUNT. IT IS THE BIDDER’S RESPONSIBILITY TO DEMONSTRATE THAT SUFFICIENT WORK TO MEET THE GOAL WAS MADE AVAILABLE TO DBE FIRMS.

ITEM(S) BROKEN BIDDER DOWN TO PERCENTAGE ITEM(S) OF WORK NORMALLY FACILITATE AMOUNT IN OF MADE AVAILABLE PERFORMS ITEM(S) PARTICIPATION DOLLARS CONTRACT (Y/N) (Y/N)

NOTE: INFORMATION REQUIRED FOR THIS SECTION CONTINUED ON SHEET 5 ATTACH ADDITIONAL PAGES IF NECESSARY Form C-49 7-7-11 Sheet 5 of 10 COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

ADDITIONAL INFORMATION REGARDING ITEM(S) OF WORK THAT THE BIDDER MADE AVAILABLE TO DBE FIRMS (Continued From Sheet 4)

ITEM(S) OF WORK MADE AVAILABLE, NAMES OF SELECTED FIRMS AND DBE STATUS, DBEs THAT PROVIDED QUOTES, PRICE QUOTE FOR EACH FIRM, AND THE PRICE DIFFERENCE FOR EACH DBE IF THE SELECTED FIRM IS NOT A DBE.

NAME OF ITEM(S) OF WORK SELECTED DBE OR NAME OF QUOTE IN PRICE MADE FIRM AND NON-DBE REJECTED DOLLARS DIFFERENCE IN AVAILABLE(CONT.) VENDOR FIRM(S) DOLLARS NUMBER

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY.

IF THE FIRM SELECTED FOR THE ITEM IS NOT A DBE, PROVIDE THE REASON(S) FOR THE SELECTION ON A SEPARATE PAGE AND ATTACH.

PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS FOR THE FIRMS LISTED ABOVE. Form C-49 7-7-11 Sheet 6 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

ADVERTISEMENTS OR PROOFS OF PUBLICATION.

NAMES AND DATES OF EACH PUBLICATION IN WHCH A REQUEST FOR DBE PARTICIPATION FOR THE PROJECT WAS PLACED BY THE BIDDER. ATTACH COPIES OF PUBLISHED ADVERTISEMENTS OR PROOFS OF PUBLICATION.

PUBLICATIONS DATES OF ADVERTISEMENT

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY Form C-49 7-7-11 Page 7 of 10 COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

NAMES OF AGENCIES CONTACTED TO PROVIDE ASSISTANCE

NAMES OF AGENCIES (SEE SPECIAL PROVISION FOR 107.15) AND THE DATES THESE AGENCIES WERE CONTACTED TO PROVIDE ASSISTANCE IN CONTACTING, RECRUITING, AND USING DBE FIRMS. IF THE AGENCIES WERE CONTACTED IN WRITING, ATTACH COPIES OF SUPPORTING DOCUMENTS.

METHOD AND DATE OF NAME OF AGENCY CONTACT RESULTS

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY. Form C-49 7-7-11 Sheet 8 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

TECHNICAL ASSISTANCE AND INFORMATION PROVIDED TO DBEs

EFFORTS MADE TO PROVIDE INTERESTED DBEs WITH ADEQUATE INFORMATION ABOUT THE PLANS, SPECIFICATIONS, AND REQUIREMENTS OF THE BID DOCUMENTS TO ASSIST THE DBEs IN RESPONDING TO A SOLICITATION.

IDENTIFY THE DBEs ASSISTED, THE INFORMATION PROVIDED, AND THE DATE OF CONTACT. ATTACH COPIES OF SUPPORTING DOCUMENTS.

DBEs ASSISTED INFORMATION PROVIDED DATE OF CONTACT

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY. Form C-49 7-7-11 Sheet 9 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

EFFORTS MADE TO ASSIST DBEs OBTAIN BONDING, LINES OF CREDIT, INSURANCE, ETC.

EFFORTS MADE TO PROVIDE INTERESTED DBEs IN OBTAINING BONDING, LINES OF CREDIT, INSURANCE, NECESSARY EQUIPMENT, SUPPLIES, MATERIALS, OR RELATED ASSISTANCE OR SERVICES, EXCLUDING SUPPLIES AND EQUIPMENT THE SUBCONTRACTOR PURCHASES OR LEASES FROM THE PRIME CONTRACTOR OR ITS AFFILIATES.

IDENTIFY THE DBEs ASSISTED, THE ASSISTANCE OFFERED, AND THE DATES OF SERVICES OFFERED AND PROVIDED. ATTACH COPIES OF SUPPORTING DOCUMENTS.

DBEs ASSISTED ASSISTANCE OFFERED DATES SERVICES OFFERED AND/OR PROVIDED

NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY. Form C-49 7-7-11 Sheet 10 of 10

COMM0NWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION DBE GOOD FAITH EFFORTS DOCUMENTATION

CONTRACT I.D. NO.______DATE SUBMITTED______

IF THE DBE GOAL ESTABLISHED FOR THIS CONTRACT HAS NOT BEEN MET OR VDOT REQUESTS THE SUBMITTAL THEREOF, THE BIDDER IS REQUIRED TO SUBMIT GOOD FAITH EFFORTS AS OUTLINED IN THIS DOCUMENT.

THE BIDDER ACKNOWLEDGES AND CERTIFIES THAT THIS FORM ACCURATELY REPRESENTS THE INFORMATION CONTAINED HEREIN.

BIDDER SIGNATURE ____

TITLE______

ADDITIONAL DATA TO SUPPORT DEMONSTRATION OF GOOD FAITH EFFORTS

NOTE: ATTACH ADDITIONAL PAGES, IF NECESSARY

Form C-104 Rev. 7-13-05 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION

PROJECT:

FHWA:

This form must be completed, signed and returned with bid; and failure to do so may result in the rejection of your bid. THE CONTRACTOR SHALL AFFIRM THE FOLLOWIN G STATEMENT EITHER BY SIGNING THE AFFIDAVIT AND HA VING IT NOTARIZED OR BY SIGNING THE UNSWORN DECLARATION UNDER PENALTY OF PERJURY U NDER THE LAWS OF THE UNITED STATES. A SEPARATE FORM MUST BE SUBMITTED BY EACH PRINCIPAL OF A JOINT VENTURE BID.

STATEMENT, In preparation and submission of this bid, I, the firm, corporation or officers, agents or employees thereof did not, either directly or indirectly, enter into any combination or arrangement with any persons, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1) or Article 1.1 or Chapter 12 of Title 18.2 (Virginia Governmental Frauds Act), Sections 59.1-9.1 through 59.1- 9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

AFFIDAVIT The undersigned is duly authorized by the bidder to make the foregoing statement to be filed with bids submitted on behalf of the bidder for contracts to be let by the Commonwealth Transportation Board.

Signed at , this day of , 20 County (City), STATE

By: (Name of Firm) (Signature) Title (print) STATE of COUNTY (CITY) of To-wit: I , a Notary Public in and for the State and

County(City) aforesaid, hereby certify that this day personally appeared before me and made oath that he is duly authorized to make the above statements and that such statements are true and correct.

Subscribed and sworn to before me this day of , 20

My Commission expires Notary Public OR UNSWORN DECLARATION

The undersigned is duly authorized by the bidder to make the foregoing statement to be filed with bids submitted on behalf of the bidder for contracts to be let by the Commonwealth Transportation Board.

Signed at , this day of , 20 County (City), STATE

By: (Name of Firm) (Signature) Title (print)

ORDER NO.: CONTRACT ID. NO.:

Form C-105 Rev. 7-13-05 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION AFFIDAVIT

PROJECT:

FHWA:

This form must be completed, signed, notarized and returned with bid; and failure to do so, may result in the rejection of your bid. A separate form must be submitted by each principal of a joint venture bid.

1. I, the firm, corporation or officers, agents or employees thereof have neither directly nor indirectly entered into any combination or arrangement with any person, firm or corporation or entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract, the effect of which is to prevent competition or increase the cost of construction or maintenance of roads or bridges.

During the preceding twelve months, I (we) have been a member of the following Highway Contractor's Associations, as defined in Section 33.2-1106 of the Code of Virginia. (If none, so state).

NAME Location of Principal Office

2. I (we) have _____, have not _____, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that I/We have _____, have not _____, filed with the joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60-1.7(b)(1)], and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contract or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contract and subcontract unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. (Continued) ORDER NO.: CONTRACT ID. NO.:

Form C-105 page 2

3. The bidder certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; and

(d) Where the bidders is unable to certify to any of the statements in this certification, the bidder shall show an explanation below.

Explanations will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any explanation noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in federal criminal prosecution or administration sanctions. The bidder shall provide immediate written notice to the Department if at any time the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of change circumstances.

The undersigned is duly authorized by the bidder to make the foregoing statements to be filed with bids submitted on behalf of the bidder for contracts to be let by the Commonwealth Transportation Board.

Signed at , this day of , 20 County (City), STATE

By: (Name of Firm) (Signature) Title (print) STATE of COUNTY (CITY) of To-wit: I , a Notary Public in and for the State and

County(City) aforesaid, hereby certify that this day personally appeared before me and made oath that he is duly authorized to make the above statements and that such statements are true and correct.

Subscribed and sworn to before me this day of , 20

My Commission expires Notary Public

Form C-111 Rev. 2-15-11

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION MINIMUM DBE REQUIREMENTS

PROJECT NO.

FHWA NO.

* * * INSTRUCTIONS * * *

THIS FORM CAN BE USED BY THE CONTRACTOR TO SUBMIT THE NAMES OF DBE FIRMS TO BE UTILIZED ON THE PROJECT. THE CONTRACTOR SHALL INDICATE THE DESCRIPTION OF THE CATEGORY (S, M, SP or H) AND THE TYPE OF WORK THAT EACH DBE WILL PERFORM AND THE ALLOWABLE CREDIT PER ITEM(S). ADDITIONAL SHEETS TO SHOW THE ALLOWABLE CREDIT PER ITEM MAY BE ATTACHED IF NECESSARY. PLEASE NOTE: THE AMOUNT OF ALLOWABLE CREDIT FOR A DBE SUPPLIER IS 60% OF THE TOTAL COST OF THE MATERIALS OR SUPPLIES OBTAINED AND 100% FOR A DBE MANUFACTURER OF THE MATERIALS AND SUPPLIES OBTAINED. A CONTRACTOR MAY COUNT 100% OF THE FEES PAID TO A DBE HAULER FOR THE DELIVERY OF MATERIALS AND SUPPLIES TO THE PROJECT SITE, BUT NOT FOR THE COST OF THE MATERIALS AND SUPPLIES THEMSELVES.

DBE REQUIREMENT %

PERCENT ATTAINED BY BIDDER %

USED AS SUBCONTR. (S) MFG. (M) $ AMOUNT OF NAMES(S) AND CERTIFICATION NO. SUPPLIER (SP) TYPE OF WORK AND ITEM ALLOWABLE OF DBE(S) TO BE USED HAULER (H) NO(S) CREDIT PER ITEM

TOTAL $

TOTAL CONTRACT VALUE $ x REQUIRED DBE % = $

I/WE CERTIFY THAT THE PROPOSED DBE(S) SUBMITTED WILL BE USED ON THIS CONTRACT AS STATED HEREON AND ASSURE THAT DURING THE LIFE OF THE CONTRACT. I/WE WILL MEET OR EXCEED THE PARTICIPATION ESTABLISHED HEREON BY THE DEPARTMENT.

BY BIDDER SIGNATURE

BY TITLE DATE

Form C-112 Rev. 3-1-11 Page 1 of 2

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION CERTIFICATION OF BINDING AGREEMENT WITH DISADVANTAGED BUSINESS ENTERPRISE FIRMS

Project No.:

Federal Project No.:

This form is to be submitted in accordance with the Department’s Special Provision for Section 107.15.

It is hereby certified by the below signed Contractors that there exists a written quote, acceptable to the parties involved preliminary to a binding subcontract agreement stating the details concerning the work to be performed and the price which will be paid for the aforementioned work. This document is not intended to, nor should it be construed to, contain the entire text of the agreement between the contracting parties. This document does not take the place of, nor may it be substituted for, an official subcontracting agreement in those situations that may require such an agreement. A copy of the fully executed subcontract agreement shall be submitted to the Engineer within fourteen (14) business days after contract execution.

It is further certified that the aforementioned mutually acceptable quote and fully executed subcontract agreement represent the entire agreement between the parties involved and that no conversations, verbal agreements, or other forms of non-written representations shall serve to add to, delete, or modify the terms as stated.

The prime Contractor further represents that the aforementioned mutually acceptable quote and fully executed subcontract agreement shall remain on file for a period of not less than one year following completion of the prime's contract with the Department or for such longer period as provisions of governing Federal or State law or regulations may require. For purposes of this form, the term Prime Contractor shall refer to any Contractor utilizing a DBE subcontractor, regardless of tier, in which they are claiming DBE credit toward the contract goal.

Contractors further jointly and severally represent that said binding agreement is for the performance of a "commercially useful function" as that term is employed in 49 C.F.R. Part 26.55 (c), (d).

TO BE SIGNED BY THE SUBCONTRACTOR TO THE PRIME CONTRACTOR, AND ANY LOWER TIER SUBCONTRACTORS HAVING A CONTRACT WITH THE BELOW NAMED DBE FIRM

Prime Contractor

By: Signature Title

Date:

First Tier Subcontractor if Applicable

By: Signature Title

Date:

Form C-112 Rev. 3-1-11 Page 2 of 2

Second Tier Subcontractor if Applicable

By: Signature Title

Date:

Third Tier Subcontractor if Applicable

By: Signature Title

Date:

DBE Contractor

By: Signature Title

Date: cn100-000051-00 VDOT SUPPLEMENTAL SPECIFICATIONS (SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs)

Where Virginia Department of Transportation (VDOT) Supplemental Specifications, Special Provisions and Special Provision Copied Notes are used in this contract, the references therein to “the Specifications” shall refer to the Virginia Department of Transportation Road and Bridge Specifications, dated 2016 for both imperial and metric unit projects. References to the “Road and Bridge Standard(s)” shall refer to the Virginia Department of Transportation Road and Bridge Standards, dated 2016 for both imperial and metric unit projects. References to the “Virginia Work Area Protection Manual” shall refer to the 2011 edition of the Virginia Work Area Protection Manual with Revision Number 1 incorporated, dated April 1, 2015 for imperial and metric unit projects. References to the “MUTCD” shall refer to the 2009 edition of the MUTCD with Revision Numbers 1 and 2 incorporated, dated May 2012; and the 2011 edition of the Virginia Supplement to the MUTCD with Revision Number 1 dated September 30, 2013 for imperial and metric unit projects.

Where the terms “Department”, “Engineer”, “Contract Engineer”, “Construction Engineer”, Materials “Engineer”, and “Operations Engineer” appear in VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes used in this contract and the VDOT publication(s) that each references, the authority identified shall be according to the definitions in Section 101.02 of the Virginia Department of Transportation Road and Bridge Specifications, dated 2016. Authority identified otherwise for this particular project will be stated elsewhere in this contract.

VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes used in this contract and the VDOT publication(s) that each reference are intended to be complementary to the each other. In case of a discrepancy, the order of priority stated in Section 105.12 of the Virginia Department of Transportation Road and Bridge Specifications, dated 2016 shall apply.

VDOT Special Provision Copied Notes in this contract are designated with “(SPCN)” after the date of each document. VDOT Supplemental Specifications and Special Provision Copied Notes in this contract are designated as such above the title of each document.

The information at the top and left of each VDOT Special Provision Copied Note in this contract is file reference information for VDOT use only. The information in the upper left corner above the title of each VDOT Supplemental Specification and VDOT Special Provision in this contract is file reference information for VDOT use only.

The system of measurement to be used in this project is stated elsewhere in this contract. VDOT Supplemental Specifications, Special Provisions and Special Provision Copied Notes containing imperial units of measure with accompanying expressions in metric units shall be referred to hereinafter as “dual unit measurement” documents. Such a “dual unit measurement” is typically expressed first in the imperial unit followed immediately to the right by the metric unit in parenthesis “( )” or brackets “[ ]” where parenthesis is

LACF -7 used in the sentence to convey other information. Where a “dual unit measurement” appears in VDOT documents, the unit that applies shall be according to the system of measurement as stated elsewhere in this contract. The unit shown that is not of the declared unit of measurement is not to be considered interchangeable and mathematically convertible to the declared unit and shall not be used as an alternate or conflicting measurement. Where VDOT Specifications are used for metric unit projects and only imperial units of measurement appear the document, the provision(s) in this contract for imperial unit to metric unit conversion shall apply.

10-6-16_(SPCN)

LF -5 SP102-050100-01

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR USE OF DOMESTIC MATERIAL

May 1, 2018

SECTION 102.05 PREPARATION OF BID of the Specifications is amended to include the following:

In accordance with the provisions of Section 635.410(b) of Title 23 CFR, hereinafter referred to as “Buy America”, except as otherwise specified, all iron and steel (including miscellaneous items such as fasteners, nuts, bolts and washers) to be permanently incorporated for use on federal aid projects shall be produced in the United States of America. This applies to any iron or steel item brought onto the project, regardless of the percentage of iron or steel that exists in the pay item or in the final form they take; however, electrical components (i.e., combination products such as signal controllers and similar products which are only sold as a unit) are not subject to Buy America provisions if the product as purchased by the Contractor is less than 50% steel and iron. "Produced in the United States of America" means all manufacturing processes occur in one of the 50 United States, the District of Columbia, Puerto Rico or in the territories and possessions of the United States. “Manufacturing processes” are defined as any process which alters or modifies the chemical content, physical size or shape, or final finish of iron or steel material (such as rolling, extruding, bending, machining, fabrication, grinding, drilling, finishing, or coating). For the purposes of satisfying this requirement “coating” is defined as the application of epoxy, galvanizing, painting or any other such process that protects or enhances the value of the material to which the coating is applied. Non-iron and non-steel materials used in the coating process do not need to be produced in the United States as long as the application of the coating occurred in the United States. The manufacturing process is considered complete when the resultant product is ready for use as an item in the project (e.g. fencing, posts, girders, pipe, manhole covers, etc.) or is incorporated as a component of a more complex product by means of further manufacturing. Final assembly of a product may occur outside of the United States of America provided no further manufacturing processes take place.

For the purposes of this provision, all steel or iron material meeting the criteria as produced in the United States of America will be considered as “Domestic Material.” All iron and steel items not meeting the criteria as produced in the United States of America will be considered “Non-Domestic Material.”

A minimal amount of “Non-Domestic” steel or iron material may be incorporated in the permanent work on a federal-aid contract provided that the cost of such materials or products does not exceed one-tenth of one percent of the Contract amount or $2500, whichever is greater. The cost of the “Non-Domestic Material” is defined as its monetary value delivered to the job site and supported by invoices or bill of sale to the Contractor. This delivered-to-site cost must include transportation, assembly, installation and testing.

Buy America provisions do not apply to iron or steel products used temporarily in the construction of a project such as temporary sheet piling, temporary bridges, steel scaffolding, falsework or such temporary material or product or material that remains in place for the Contractor’s convenience.

Raw materials such as iron ore, pig iron, processed, pelletized and reduced iron ore, waste products (including scrap, that is, steel or iron no longer useful in its present form from old automobiles, machinery, pipe, railroad rail, or the like and steel trimmings from mills or product manufacturing) and other raw materials used in the production of steel and\or iron products may, however, be imported. Extracting, handling, or crushing the raw materials which are inherent to the transporting the materials for later use in the manufacturing process are exempt from Buy America.

LACF -61 Any items containing foreign source steel or iron billet shall be considered “Non-Domestic Materials.” Additionally, iron or steel ingots or billets produced in the United States, but shipped outside the United States of America for any manufacturing process and returned for permanent use in a project shall be considered “Non-Domestic Materials.”

Waivers:

The process for receiving a waiver for Buy America provisions is identified in 23 CFR 635.410(c). The Contractor shall not anticipate that any Buy America provisions will be waived.

Certification of Compliance:

The Contractor is required to submit a Certificate of Compliance prior to incorporating any items containing iron or steel items into the project. This shall be accomplished by the Contractor submitting the following Certificate of Compliance to the Department when the items are delivered to the project site. The Certification of Compliance will certify whether the items are considered “Domestic Material” or “Non-Domestic Material” as referenced in this Special Provision. The certificate must be signed and dated by the Prime Contractor’s Superintendent and include a Buy America Submittal Number. The Buy America Submittal Number is simply the Contractor’s project specific sequential numbering system that will allow the Contractor and Department to track the total number of certificates provided and the individual items containing iron or steel associated with each certificate.

Supporting Documentation:

Supporting documentation to demonstrate compliance with Buy America provisions (such as mill test reports manufacturer/supplier certifications, etc.) shall be organized by Buy America Submittal Number and maintained by the Contractor from the date of delivery until three years after project acceptance. The Contractor may maintain this documentation electronically or in paper format.

The Department or FHWA may review the Contractor’s supporting documentation to verify compliance with the Buy America provisions at any time. Supporting documentation shall be provided within five business days of the request. The burden of proof to meet the Buy America provisions rests with the Contractor. If the supporting documentation does not undeniably demonstrate to FHWA or the Department that the “Domestic Materials” identified in the Certificates of Compliance were produced in the United States of America, then the Department may deduct payment from moneys due the Contractor for the value of the iron and steel that did not meet the Buy America provisions.

LACF -62 accordance with the system of measurement as stated elsewhere in this contract. The unit shown that is not of the declared unit of measurement is not to be considered interchangeable and mathematically convertible to the declared unit and shall not be used as an alternate or conflicting measurement. Where VDOT Specifications are used for metric unit projects and only imperial units of measurement appear the document, the provision(s) in this contract for imperial unit to metric unit conversion shall apply.

6-10-15 (SPCN)

(c103i01-0814) SECTION 103—AWARD AND EXECUTION OF CONTRACTS of the Specifications is amended as follows:

Section 103.09—Execution of Contract is amended to include the following:

According to Section 2.2-4308.2 of the Code of Virginia, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the Department to provide work or provide services pursuant to such contract shall register and participate in the U.S. Department of Homeland Security’s “E-Verify” system to verify information and work authorization of its newly hired employees performing work pursuant to such contract.

Contractors are not required to be enrolled with “E-Verify” at the time bids are submitted, however, prior to award, the lowest responsive and responsible bidder must be enrolled with “E-Verify”. Contractors may use the following website to enroll in “E-Verify”, http://www.uscis.gov/e- verify.

8-8-14 (SPCN)

PERSONNEL REQUIREMENTS FOR WORK ZONE TRAFFIC CONTROL - Section 105 and 512 of the Specifications are amended as follows:

Section 105.14—Maintenance During Construction is amended to add the following:

The Contractor shall have at least one person on the project site during all work operations who is currently verified either by the Department’s Basic or Intermediate Work Zone Traffic Control training, or by the American Traffic Safety Services Association (ATSSA) Virginia Intermediate Traffic Control Supervisor (TCS) training by a Department approved training provider. This person must have their verification card with them while on the project site. This person shall be responsible for the oversight of work zone traffic control within the project limits in compliance with the Contract requirements, the VWAPM, and the MUTCD. This person’s duties shall include the supervision of the installation, adjustment (if necessary), inspection, maintenance, and removal when no longer required, of all work zone traffic control devices on the project.

L-6

The Department’s Intermediate Work Zone Traffic Control trained person or an ATSSA Virginia Intermediate TCS can oversee multiple/separate work locations but shall be on site within 60 minutes of notification to oversee changes made to temporary traffic control otherwise the Engineer will suspend that maintenance operation until that operation is appropriately staffed in accordance with the requirements herein.

The Contractor shall have at least one person, at a minimum, on the project site who is verified in Basic Work Zone Traffic Control by the Department for each maintenance operation that involves installing, maintaining, or removing work zone traffic control devices. This person shall be responsible for the placement, maintenance and removal of work zone traffic control devices.

In the event none of the Contractor’s personnel on the project site have, at a minimum, the required Basic Work Zone Traffic Control verification, the Engineer will suspend that construction/maintenance operation until that operation is appropriately staffed in accordance with the requirements herein.

Section 512.03 Procedures is amended to add (r) Work Zone Traffic Control as the following:

(r) Work Zone Traffic Control: The Contractor shall provide individuals trained in Work Zone Traffic Control in accordance with the requirements of Section 105.14 of the Specifications.

Section 512.04 Measurement and Payment is amended to add the following:

Basic Work Zone Traffic Control – Separate payment will not be made for providing a person to meet the requirements of Section 105.14 of the Specifications. The cost thereof shall be included in the price of other appropriate pay items.

Intermediate Work Zone Traffic Control - Separate payment will not be made for providing a person to meet the requirements of Section 105.14 of the Specifications. The cost thereof shall be included in the price of other appropriate pay items.

11-24-15a (SPCN)

(c105hf1-0309) SECTION 105.06 SUBCONTRACTING of the Specifications is amended to include the following:

Any distribution of work shall be evidenced by a written binding agreement on file at the project site. Where no field office exists, such agreement shall be readily available upon request to Department inspector(s) assigned to the project.

The provisions contained in Form FHWA-1273 specifically, and other federal provisions included with the prime Contract are generally applicable to all Federal-aid construction projects and must be made a part of, and physically incorporated into all contracts, as well as, appropriate subcontracts for work so as to be binding in those agreements.

12-19-08 (SPCN)

L-7 U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON DECISION OF THE SECRETARY

This case is before the Department of Labor pursuant to a request for a wage predetermination as required by law applicable to the work described. A study has been made of wage conditions in the locality and based on information available to the Department of Labor the wage rates and fringe payments listed are hereby determined by the Secretary of Labor as prevailing for the described classes for labor in accordance with applicable law. This wage determination decision and any modifications thereof during the period prior to the stated expiration date shall be made a part of every contract for performance of the described work as provided by applicable law and regulations of the Secretary of Labor, and the wage rates and fringe payments contained in this decision, including modifications, shall be the minimums to be paid under any such contract and subcontractors on the work. The Contracting Officer shall require that any class of laborers and mechanics which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Contracting Officer shall be referred to the Secretary for determination. Before using apprentices on the job the contractor shall present to the Contracting Officer written evidence of registration of such employees in a program of a State apprenticeship and training agency approved and recognized by the U.S. Bureau of Apprenticeship and Training. In the absence of such a State agency, the Contractor shall submit evidence of approval and registration by the U.S. Bureau of Apprenticeship and Training. The Contractor shall submit to the Contracting Officer written evidence of the established apprentice- journeyman ratios and wage in the project area, which will be the basis for establishing such ratios and rates for the project under the applicable contract provisions. Fringe payments include medical and hospital care, compensation for injuries or illness resulting from occupational activity, unemployment benefits, life insurance, disability and sickness insurance, accident insurance (all designated as health and welfare), pensions, vacation and holiday pay, apprenticeship or other similar programs and other bona fide fringe benefits.

By direction of the Secretary of Labor

E. Irving Manger, Associate Administrator Division of Wage Determinations Wage and Labor Standards Administration

LACF -11 General Decision Number: VA180090 09/28/2018 VA90

State: Virginia

Construction Type: Highway

County: Shenandoah County in Virginia.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 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 $10.35 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

2018. 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 09/28/2018

SUVA2016-026 07/02/2018

Rates Fringes

CARPENTER, Includes Form Work....$ 17.73 1.48

CEMENT MASON/CONCRETE FINISHER...$ 19.35 0.00

IRONWORKER, REINFORCING...... $ 20.80 0.00

LABORER: Asphalt, Includes

Raker, Shoveler, Spreader and

Distributor...... $ 16.40 0.00

LABORER: Common or General...... $ 14.52 0.00

LABORER: Pipelayer...... $ 16.75 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe...... $ 19.59 0.00

OPERATOR: Broom/Sweeper...... $ 12.25 0.23

OPERATOR: Bulldozer...... $ 19.36 0.00

OPERATOR: Crane...... $ 26.68 0.00

OPERATOR: Grader/Blade,

Includes Finishing...... $ 26.13 0.00

OPERATOR: Loader...... $ 19.36 0.00

OPERATOR: Mechanic...... $ 19.13 0.00

OPERATOR: Milling Machine...... $ 21.13 0.00

OPERATOR: Paver (Asphalt,

Aggregate, and Concrete)...... $ 17.12 0.00

OPERATOR: Roller (Finishing)....$ 18.96 0.00

OPERATOR: Roller...... $ 18.11 0.00

OPERATOR: Asphalt Spreader and Distributor...... $ 18.90 0.00

TRAFFIC CONTROL: Flagger...... $ 11.82 0.00

TRUCK DRIVER : HEAVY 7CY &

UNDER...... $ 16.69 0.00

TRUCK DRIVER: 1/Single Axle

Truck...... $ 18.83 0.00

TRUCK DRIVER: HEAVY OVER 7

CY...... $ 16.69 0.00

TRUCK DRIVER: MULTI AXLE...... $ 19.11 0.00

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WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

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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)).

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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.

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END OF GENERAL DECISION

SF010DF-0712 May 1, 2012 FHWA-1273 (Electronic Version)

The following Form FHWA-1273 titled REQUIRED CONTRACT PROVISIONS, FEDERAL-AID CONSTRUCTION CONTRACTS shall apply to this contract:

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FHWA-1273 – Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The

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design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth

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under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

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e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

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a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

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8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This

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information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. Davis-Bacon and Related Act Provisions

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages

a. 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 1.d. 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

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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 29 CFR 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 1.b. 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. b. (1) The contracting officer 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 contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(II) The classification is utilized in the area by the construction industry; and

(II) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

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(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) 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.

c. 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.

d. 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 contracting agency shall upon its own action or upon written request of 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 contracting agency may, after written notice to the contractor, 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.

3. Payrolls and basic records

a. 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

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programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at 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 contracting agency for transmission to the State DOT, the FHWA 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 contracting agency.

(2) 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:

(I) 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;

(II) 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;

(III) 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.

(3) 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 3.b.(2) of this section.

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(4) 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.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, 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 FHWA may, after written notice to the contractor, the contracting agency or the State DOT, 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

a. Apprentices (programs of the USDOL).

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.

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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. b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, 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. c. 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. d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

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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 Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. 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).

b. 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).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal-aid construction 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 29 CFR 5.5(a) 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.

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2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor 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 (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (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 (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over the supervision of the day-to- day activities of the leased employees;

(2) the prime contractor remains responsible for the quality of the work of the leased employees;

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(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards

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(29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

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1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

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f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

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2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)

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transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,

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suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

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XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

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1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

L-30 SP0F0-000150-01 July 17, 2017

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals for female and minority participation, expressed in percentage terms of the Contractor's aggregate work force in each trade on all construction works in the covered area, are as follows:

Females 6.9% Minorities See Attachment "A"

The goals are applicable to all the Contractor's construction work performed in the covered area, whether or not it is Federal or federally assisted. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 604 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications, set forth in 41 CFR 604.3(a), and its efforts to meet the goals established herein. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executives Order and the regulations in 41 CFR Part 604. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 workings days the award of any construction subcontract in excess of $10,000 at any tier for construction works under this contract. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract and the geographical area in which the Contract is to be performed.

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

1. As, used in this provision:

a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941;

LACF -33 d. "Minority" includes:

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation.

3. If the Contractor is participating (pursuant to 41 CFR 604.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors and Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the coverer area. Covered construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to

LACF -34 achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, shall assign two or more women to each construction project. The Contractor shall specifically ensure that all foreman, superintendents and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off the street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or women sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop onthejob training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents and General Foremen prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including in any news media advertisement that the Contractor is "An Equal Opportunity Employer" for minority and female, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Directs its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one

LACF -35 month prior to the date for the acceptance of applications for apprenticeship or other training by recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used m the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of Contractor's workforce.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 603.

l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities through appropriate training or other means.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are nonsegregated, except that separate or singleuser toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractorunion, contractorcommunity, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

9. Goals for women have been established. However, the Contractor IS required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner, that is even thought the Contractor has achieved its goals for women, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

LACF -36 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246. as amended.

13. The Contractor, in fulfilling its obligations under these specifications shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from Its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director will proceed in accordance with 41 CFR 604.8.

14. The Contractor shall designate and make known to the Department a responsible official as the EEO Officer to monitor all employment related activity, to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors will not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

ATTACHMENT A

Economic Area Goal (Percent)

Virginia: 021 RoanokeLynchburg, VA SMSA Counties: 4640 Lynchburg, VA ...... 19.3 VA Amherst; VA Appomattox; VA Campbell; VA Lynchburg 6800 Roanoke, VA ...... 10.2 VA Botetourt; VA Craig; VA Roanoke; VA Roanoke City; VA Salem NonSMSA Counties ...... 12.0 VA Alleghany; VA Augusta; VA Bath; VA Bedford; VA Bland; VA Carroll; VA Floyd; VA Franklin; VA Giles; VA Grayson; VA Henry; VA Highland; VA Montgomery; VA Nelson; VA Patrick; VA Pittsylvania; VA Pulaski; VA Rockbridge; VA Rockingham; VA Wythe; VA Bedford City; VA Buena Vista: VA Clifton Forge; VA Covington; VA Danville; VA Galax; VA Harrisonburg; VA Lexington; VA Martinsville; VA Radford; VA Staunton; VA Waynesboro; WV Pendleton. 022 Richmond, VA SMSA Counties: 6140 Petersburg Colonial Heights Hopewell, VA ...... 30.6 VA Dinwiddie; VA Prince George; VA Colonial Heights; VA Hopewell; VA Petersburg.

LACF -37 6760 Richmond, VA ...... 24.9 VA Charles City; VA Chesterfield; VA Goochland, VA Hanover; VA Henrico; VA New Kent; VA Powhatan; VA Richmond. NonSMSA Counties ...... 27.9 VA Albemarle; VA Amelia; VA Brunswick; VA Buckingham, VA Caroline; VA Charlotte; VA Cumberland; VA Essex; VA Fluvanna; VA Greene; VA Greensville; VA Halifax; VA King and Queen; VA King William; VA Lancaster; VA Louisa; VA Lunenburg; VA Madison; VA Mecklenburg; VA Northumberland; VA Nottoway; VA Orange; VA Prince Edward; VA Richmond VA Sussex; VA Charlottesville; VA Emporia; VA South Boston 023 Norfolk Virginia Beach Newport News VA: SMSA Counties: 5680 Newport News Hampton, VA ...... 27.1 VA Gloucester; VA James City; VA York; VA Hampton; VA Newport News; VA Williamsburg. 5720 Norfolk Virginia Beach Portsmouth, VA NC ...... 26.6 NC Currituck; VA Chesapeake; VA Norfolk; VA Portsmouth; VA Suffolk; VA Virginia Beach. NonSMSA Counties ...... 29.7 NC Bertie; NC Camden; NC Chowan; NC Gates; NC Hertford; NC Pasquotank; NC Perquimans; VA lsle of Wight; VA Matthews; VA Middlesex; VA Southampton; VA Surry; VA Franklin. Washington, DC: 020 Washington, DC. SMSA Counties: 8840 Washington, DC MD VA ...... 28.0 DC District of Columbia; MD Charles; MD Montgomery MD Prince Georges; VA Arlington; VA Fairfax; VA Loudoun; VA Prince William VA Alexandria; VA Fairfax City; VA Falls Church. Non SMSA Counties ...... 25.2 MD Calvert; MD Frederick; MD St. Marys: MD Washington; VA Clarke; VA Culpeper; VA Fauquier; VA Frederick; VA King George; VA Page; VA Rappahannock; VA Shenandoah; VA Spotsylvania; VA Stafford; VA Warren: VA Westmoreland; VA Fredericksburg; VA Winchester WV Berkeley; WV Grant; WV Hampshire; WV Hardy; WV Jefferson; WV Morgan. Tennessee: 052 Johnson City Kingsport Bristol, TN VA SMSA Counties: 3630 Johnson City Kingsport Bristol, TNVA ...... 2.6 TN Carter; TN Hawkins; TN Sullivan; TN Washington; VA Scott: VA Washington; VA Bristol. Non-SMSA Counties ...... 3.2 TN Greene; TN Johnson; VA Buchanan; VA Dickenson; VA Lee; VA Russell; VA Smyth; VA Tazewell; VA Wise; VA Norton; WV McDowell; WV Mercer. Maryland: 019 Baltimore MD Non-SMSA Counties ...... 23.6 MD Caroline; MD Dorchester; MD Kent; MD Queen Annes; MD Somerset; MD Talbot; MD Wicomico; MD Worchester; VA Accomack; VA Northampton.

LACF -38 VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION 105.06—SUBCONTRACTING (FEDERAL FUNDED PROJECTS)

February 9, 2017

SECTION 105.06—Subcontracting of the Specifications is amended to include the following:

(d) According to Commonwealth of Virginia Executive Order 20, the Contractor is encouraged to seek out and consider Small, Women-owned, and Minority-owned (SWaM) businesses certified by the Department of Small Business and Supplier Diversity (DSBSD) as potential subcontractors and vendors. Further, the Contractor shall furnish and require each subcontractor (first-tier) to furnish information relative to subcontractor and vendor involvement on the project.

For purposes of this provision, the term “vendor” is defined as any consultant, manufacturer, supplier or hauler performing work or furnishing material, supplies or services for the contract. The Contractor and, or subcontractor (first-tier) must insert this provision in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of this provision are incorporated by reference for work done by vendors under any purchase order, rental agreement or agreement for other services for the contract. The Contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or vendor.

The submission of a bid will be considered conclusive evidence that the Contractor agrees to assume these contractual obligations and to bind subcontractors contractually to the same at the Contractor’s expense.

When an approved Form C-31 “Subletting Request” is required according to IIM-CD-2013-06.01, the Contractor shall indicate on the Subletting Request if a subcontractor is a certified DBE or SWaM business.

The Contractor shall report all DBE, SWaM, and Non SWaM vendor payments quarterly to the District Civil Rights Office. The Contractor shall provide the information in a format consistent with Form C-63, Vendor Payment Compliance Report, subject to the approval of the Engineer.

DBE Participation and reporting shall be in accordance with the Special Provision for Section 107.15 (Use of Disadvantaged Business Enterprises).

If the Contractor fails to provide the required information, the Department may delay final payment according to Specification Section 109.10 of the Specifications.

LACF -39 SP107-150100-01 August 18, 2017

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR DBE REQUIREMENTS

SECTION 107 – LEGAL RESPONSIBILITIES of the Specifications is revised as follows:

Section 107.15 – Use of Small, Women-Owned, and Minority-Owned Busincess is renamed Use of Disadvantaged Business Enterprises (DBEs) and replaced with the following:

(a) Disadvantaged Business Enterprise (DBE) Program Requirements

Any Contractor, subcontractor, supplier, DBE firm, and contract surety involved in the performance of work on a federal-aid contract shall comply with the terms and conditions of the United States Department of Transportation (USDOT) DBE Program as the terms appear in Part 26 of the Code of Federal Regulations (49 CFR as amended), the USDOT DBE Program regulations; and the Virginia Department of Transportation’s (VDOT or the Department) Road and Bridge Specifications and DBE Program rules and regulations.

For the purposes of this provision, Contractor is defined as the Prime Contractor of the Contract; and sub-contractor is defined as any DBE supplier, manufacturer, or subcontractor performing work or furnishing material, supplies or services to the Contract. The Contractor shall physically include this same contract provision in every supply or work/service subcontract that it makes or executes with a subcontractor having work for which it intends to claim credit.

In accordance with 49 CFR Part 26 and VDOT’s DBE Program requirements, the Contractor, for itself and for its subcontractors and suppliers, whether certified DBE firms or not, shall commit to complying fully with the auditing, record keeping, confidentiality, cooperation, and anti-intimidation or retaliation provisions contained in those federal and state DBE Program regulations. By bidding on this contract, and by accepting and executing this contract, the Contractor agrees to assume these contractual obligations and to bind the Contractor’s subcontractors contractually to the same at the Contractor’s expense.

The Contractor or subcontractor shall not discriminate on the basis of race, color, sex, sexual orientation, gender identity, or national origin in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award, administration, and performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which will result in the termination of this contract or other such remedy, as VDOT deems appropriate.

All administrative remedies noted in this provision are automatic unless the Contractor exercises the right of appeal within the required timeframe(s) specified herein. Appeal requirements, processes, and procedures shall be in accordance with guidelines stated herein and current at the time of the proceedings. Where applicable, the Department will notify the Contractor of any changes to the appeal requirements, processes, and procedures after receiving notification of the Contractor’s desire to appeal.

All time frames referenced in this provision are expressed in business days unless otherwise indicated. Should the expiration of any deadline fall on a weekend or holiday, such deadline will automatically be extended to the next normal business day.

(b) DBE Certification

LACF -40 The only DBE firms eligible to perform work on a federal-aid contract for DBE contract goal credit are firms certified as Disadvantaged Business Enterprises by the Virginia Department of Small Business and Supplier Diversity (DSBSD) or the Metropolitan Washington Airports Authority (MWAA) in accordance with federal and VDOT guidelines. DBE firms must be certified in the specific work listed for DBE contract goal credit. A directory listing of certified DBE firms can be obtained from the Virginia Department of Small Business and Supplier Diversity website: www.sbsd.virginia.gov..

The Contractor and each subcontractor are encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. Such banking services and the fees charged for services typically will not be eligible for DBE Program contract goal credit. Such information is available from the VDOT’s Internet Civil Rights Division website: http://www.virginiadot.org/business/resources/Civil_Rights/VDOT_DBE_Program_Plan.pdf

(d) DBE Program-Related Certifications Made by Bidders\Contractors

By submitting a bid and by entering into any contract on the basis of that bid, the bidder/Contractor certifies to each of the following DBE Program-related conditions and assurances:

1. That the management and bidding officers of its firm agree to comply with the bidding and project construction and administration obligations of the USDOT DBE Program requirements and regulations of 49 CFR Part 26 as amended, and VDOT’s Road and Bridge Specifications and DBE Program requirements and regulations.

2. Under penalty of perjury and other applicable penal law that it has complied with the DBE Program requirements in submitting the bid, and shall comply fully with these requirements in the bidding, award, and execution of the Contract.

3. To ensure that DBE firms have been given full and fair opportunity to participate in the performance of the Contract. The bidder certifies that all reasonable steps were, and will be, taken to ensure that DBE firms had, and will have, an opportunity to compete for and perform work on the Contract. The bidder further certifies that the bidder shall not discriminate on the basis of race, color, age, sex, sexual orientation, gender identity, or national origin in the performance of the Contract or in the award of any subcontract. Any agreement between a bidder and a DBE whereby the DBE promises not to provide quotations for performance of work to other bidders is prohibited.

4. As a bidder, good faith efforts were made to obtain DBE participation in the proposed contract at or above the goal for DBE participation established by VDOT. It has submitted as a part of its bid true, accurate, complete, and detailed documentation of the good faith efforts it performed to meet the Contract goal for DBE participation. The bidder, by signing and submitting its bid, certifies the DBE participation information submitted within the stated time thereafter is true, correct, and complete, and that the information provided includes the names of all DBE firms that will participate in the Contract, the specific line item(s) that each listed DBE firm will perform, and the creditable dollar amounts of the participation of each listed DBE. The specific line item must reference the VDOT line number and item number contained in the proposal.

5. The bidder further certifies, by signing its bid, it has committed to use each DBE firm listed for the specific work item shown to meet the Contract goal for DBE participation. Award of the Contract will be conditioned upon meeting these and other listed requirements of 49 CFR Part 26.53 and the contract documents. By signing the bid, the bidder certifies on work that it proposes to sublet; it has made good faith efforts to seek out and consider DBEs as potential

LACF -41 subcontractors. The bidder shall contact DBEs to solicit their interest, capability, and prices in sufficient time to allow them to respond effectively, and shall retain on file proper documentation to substantiate its good faith efforts. Award of the Contract will be conditioned upon meeting these and other listed requirements of 49 CFR Part 26.53 and the contract documents.

6. Once awarded the Contract, the Contractor shall make good faith efforts to utilize DBE firms to perform work designated to be performed by DBEs at or above the amount or percentage of the dollar value specified in the bidding documents. Further, the Contractor understands it shall not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract in whole or in part with another DBE, any non-DBE firm, or with the Contractor's own forces or those of an affiliate of the Contractor without the prior written consent of VDOT as set out within the requirements of this provision.

7. Once awarded the contract, the Contractor shall designate and make known to the Department a liaison officer who is assigned the responsibility of administering and promoting an active and inclusive DBE program as required by 49 CFR Part 26 for DBEs. The designation and identity of this officer need be submitted only once by the Contractor during any twelve (12) month period at the preconstruction conference for the first contract the Contractor has been awarded during that reporting period. The Department will post such information for informational and administrative purposes at VDOT’s Internet Civil Rights Division website.

8. Once awarded the Contract, the Contractor shall comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each DBE firm participating in the Contract shall fully perform the designated work items with the DBE’s own forces and equipment under the DBE’s direct supervision, control, and management. Where a contract exists and where the Contractor, DBE firm, or any other firm retained by the Contractor has failed to comply with federal or VDOT DBE Program regulations and/or their requirements on that contract, VDOT has the authority and discretion to determine the extent to which the DBE contract regulations and\or requirements have not been met, and will assess against the Contractor any remedies available at law or provided in the Contract in the event of such a contract breach.

9. In the event a bond surety assumes the completion of work, if for any reason VDOT has terminated the prime Contractor, the surety shall be obligated to meet the same DBE contract terms and requirements as were required of the original prime Contractor in accordance with the requirements of this specification.

(e) Disqualification of Bidder

Bidders may be disqualified from bidding for failure to comply with the requirements of this Special Provision, the Contract specifications, and VDOT Road and Bridge Specifications.

(f)

LACF -42 Bidding Procedures

The following bidding procedures shall apply to the Contract for DBE Program compliance purposes:

1. Contract Goal, Good Faith Efforts Specified: All bidders evidencing the attainment of DBE goal commitment equal to or greater than the required DBE goal established for the project must submit completed Form C-111, Minimum DBE Requirements, and Form C-48, Subcontractor/Supplier Solicitation and Utilization, as a part of the bid documents.

Form C-111 may be submitted electronically or may be faxed to the Department, but in no case shall the bidder’s Form C-111 be received later than 10:00 a.m. the next business day after the time stated in the bid proposal for the receipt of bids. Form C-48 must be received within ten (10) business days after the bid opening.

If, at the time of submitting its bid, the bidder knowingly cannot meet or exceed the required DBE contract goal, it shall submit Form C-111 exhibiting the DBE participation it commits to attain as a part of its bid documents. The bidder shall then submit Form C-49, DBE Good Faith Efforts Documentation, within two (2) business days after the bid opening.

The lowest responsive and responsible bidder must submit its properly executed Form C- 112, Certification of Binding Agreement, within three (3) business days after the bids are received. DBEs bidding as prime contractors are not required to submit Form C-112 unless they are utilizing other DBEs as subcontractors.

If, after review of the apparent lowest bid, VDOT determines the DBE requirements have not been met, the apparent lowest successful bidder must submit Form C-49, DBE Good Faith Efforts Documentation, which must be received by the Contract Engineer within two (2) business days after official notification of such failure to meet the aforementioned DBE requirements.

Forms C-48, C-49, C-111, and C-112 can be obtained from the VDOT website at: http://vdotforms.vdot.virginia.gov/

Instructions for submitting Form C-111 can be obtained from the VDOT website at: http://www.virginiadot.org/business/resources/const/Exp_DBE_Commitments.pdf

2. Bid Rejection: The failure of a bidder to submit the required documentation within the timeframes specified in the Contract Goal, Good Faith Efforts Specified section of this Special Provision may be cause for rejection of that bidder’s bid.

If the lowest bidder is rejected for failure to submit the required documentation in the specified time frames, the Department may award the work to the next lowest bidder, or re- advertise the proposed work at a later date or proceed otherwise as determined by the Commonwealth.

3. Good Faith Efforts Described: In order to award a contract to a bidder that has failed to meet DBE contract goal requirements, VDOT will determine if the bidder’s efforts were adequate good faith efforts, and if given all relevant circumstances, those efforts were made actively and aggressively to meet the DBE requirements. Efforts to obtain DBE participation are not good faith efforts if they could not reasonably be expected to produce a level of DBE participation sufficient to meet the DBE Program and contract goal requirements.

Good faith efforts may be determined through use of the following list of the types of actions the bidder may make to obtain DBE participation. This is not intended to be a mandatory

LACF -43 checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts of similar intent may be relevant in appropriate cases: a. Soliciting through reasonable and available means, such as but not limited to, attendance at pre-bid meetings, advertising, and written notices to DBEs who have the capability to perform the work of the Contract. Examples include: advertising in at least one daily/weekly/monthly newspaper of general circulation, as applicable; phone contact with a completely documented telephone log, including the date and time called, contact person, or voice mail status; and internet contacts with supporting documentation, including dates advertised. The bidder shall solicit this interest no less than five (5) business days before the bids are due so that the solicited DBEs have enough time to reasonably respond to the solicitation. The bidder shall determine with certainty if the DBEs are interested by taking reasonable steps to follow up initial solicitations as evidenced by documenting such efforts as requested on Form C-49, DBE Good Faith Efforts Documentation. b. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to completely perform all portions of this work in its entirety or use its own forces; c. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Contract in a timely manner, which will assist the DBEs in responding to a solicitation; d. Negotiating for participation in good faith with interested DBEs;

(1) Evidence of such negotiation shall include the names, addresses, and telephone numbers of DBEs that were considered; dates DBEs were contacted; a description of the information provided regarding the plans, specifications, and requirements of the Contract for the work selected for subcontracting; and, if insufficient DBE participation seems likely, evidence as to why additional agreements could not be reached for DBEs to perform the work;

(2) A bidder using good business judgment should consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and should take a firm’s price, qualifications, and capabilities, as well as contract goals, into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not sufficient reason for a bidder’s failure to meet the Contract goal for DBE participation, as long as such costs are reasonable and comparable to costs customarily appropriate to the type of work under consideration. Also, the ability or desire of a bidder to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make diligent good faith efforts. Bidders are not, however, required to accept higher quotes from DBEs if the price difference can be shown by the bidder to be excessive, unreasonable, or greater than would normally be expected by industry standards; e. A bidder cannot reject a DBE as being unqualified without sound reasons based on a thorough investigation of the DBE’s capabilities. The DBE’s standing within its industry, membership in specific groups, organizations, associations, and political or social affiliations, and union vs. non-union employee status are not legitimate causes for the rejection or non-solicitation of bids in the bidder’s efforts to meet the project goal for DBE participation;

LACF -44 f. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by VDOT or by the bidder/Contractor;

g. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services subject to the restrictions contained in these provisions;

h. Effectively using the services of appropriate personnel from VDOT and from DMBE; available minority/women community or minority organizations; contractors’ groups; local, state, and Federal minority/ women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and utilization of qualified DBEs.

(g) Documentation and Administrative Reconsideration of Good Faith Efforts

During Bidding: As described in the Contract Goal, Good Faith Efforts Specified section of this Special Provision, the bidder must provide Form C-49, DBE Good Faith Efforts Documentation, of its efforts made to meet the DBE contract goal as proposed by VDOT within the time frame specified in this provision. The means of transmittal and the risk for timely receipt of this information shall be the responsibility of the bidder. The bidder shall attach additional pages to the certification, if necessary, in order to fully detail specific good faith efforts made to obtain the DBE firms participation in the proposed contract work.

However, regardless of the DBE contract goal participation level proposed by the bidder or the extent of good faith efforts shown, all bidders shall timely and separately file their completed and executed forms C-111, C-112, C-48, and C-49, as aforementioned, or face potential bid rejection.

If a bidder does not submit its completed and executed forms C-111, or C-112, when required by this Special Provision, the bidder’s bid will be considered non-responsive and may be rejected.

Where the Department upon initial review of the bid results determines the apparent low bidder has failed or appears to have failed to meet the requirements of the Contract Goal, Good Faith Efforts Specified section of this Special Provision and has failed to adequately document that it made a good faith effort to achieve sufficient DBE participation as specified in the bid proposal, that firm upon notification of the Department’s initial determination will be offered the opportunity for administrative reconsideration before VDOT rejects that bid as non-responsive. The bidder shall address such request for reconsideration in writing to the Contract Engineer within five (5) business days of receipt of notification by the Department and shall be given the opportunity to discuss the issue and present its evidence in person to the Administrative Reconsideration Panel. The Administrative Reconsideration Panel will be made up of VDOT Division Administrators or their designees, none of who took part in the initial determination that the bidder failed to make the goal or make adequate good faith efforts to do so. After reconsideration, VDOT shall notify the bidder in writing of its decision and explain the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so.

If, after reconsideration, the Department determines the bidder has failed to meet the requirements of the Contract goal and has failed to make adequate good faith efforts to achieve the level of DBE participation as specified in the bid proposal, the bidder’s bid will be rejected.

If sufficient documented evidence is presented to demonstrate that the apparent low bidder made reasonable good faith efforts, the Department will award the Contract and reduce the DBE requirement to the actual commitment identified by the lowest successful bidder at the time of its bid. The Contractor is still encouraged to seek additional DBE participation during the life of the Contract.

LACF -45 However, such action will not relieve the Contractor of its responsibility for complying with the reduced DBE requirement during the life of the Contract or any administrative sanctions as may be appropriate.

During the Contract: If a DBE, through no fault of the Contractor, is unable or unwilling to fulfill his agreement with the Contractor, the Contractor shall immediately notify the Department and provide all relevant facts. If a Contractor relieves a DBE subcontractor of the responsibility to perform work under their subcontract, the Contractor is encouraged to take the appropriate steps to obtain a DBE to perform an equal dollar value of the remaining subcontracted work. In such instances, the Contractor is expected to seek DBE participation towards meeting the goal during the performance of the Contract.

If the Contractor fails to conform to the schedule of DBE participation as shown on the progress schedule, or at any point at which it is clearly evident that the remaining dollar value of allowable credit for performing work is insufficient to obtain the scheduled participation, and the Contractor has not taken the preceding actions, the Contractor and any aforementioned affiliates may be subject to disallowance of DBE credit until such time as conformance with the schedule of DBE participation is achieved.

Project Completion: If the Contractor fails upon completion of the project to meet the required participation, the Contractor and any prime contractual affiliates, as in the case of a joint venture, may be enjoined from bidding as a prime Contractor, or participating as a subcontractor on VDOT projects for a period of 90 days.

Prior to enjoinment from bidding or denial to participate as a subcontractor for failure to comply with participation requirements, as provided hereinbefore, the Contractor may submit documentation to the State Construction Engineer to substantiate that failure was due solely to quantitative underrun(s), elimination of items subcontracted to DBEs, or to circumstances beyond their control, and that all feasible means have been used to obtain the required participation. The State Construction Engineer upon verification of such documentation shall make a determination whether or not the Contractor has met the requirements of the Contract.

If it is determined that the aforementioned documentation is insufficient or the failure to meet required participation is due to other reasons, the Contractor may request an appearance before the Administrative Reconsideration Panel to establish that all feasible means were used to meet such participation requirements. The decision of the Administrative Reconsideration Panel shall be administratively final. If the decision is made to enjoin the Contractor from bidding on other VDOT work as described herein, the enjoinment period will begin upon the Contractor’s failure to request a hearing within the designated time frame or upon the Administrative Reconsideration Panel’s decision to enjoin, as applicable.

(h) DBE Participation for Contract Goal Credit

1. Cost-plus subcontracts will not be considered to be in accordance with normal industry practice and will not normally be allowed for credit.

2. The applicable percentage of the total dollar value of the Contract or Subcontract awarded to the DBE will be counted toward meeting the Contract goal for DBE participation in accordance with the DBE Program-Related Certifications Made by Bidders\Contractors section of this Special Provision for the value of the work, goods, or services that are actually performed or provided by the DBE firm itself or subcontracted by the DBE to other DBE firms.

3. When a DBE performs work as a participant in a joint venture with a non-DBE firm, the Contractor may count toward the DBE goal only that portion of the total dollar value of the Contract equal to the distinctly defined portion of the Contract work that the DBE has performed with the DBE’s own forces or in accordance with the provisions of this Section.

LACF -46 The Department shall be contacted in advance regarding any joint venture involving both a DBE firm and a non-DBE firm to coordinate Department review and approval of the joint venture’s organizational structure and proposed operation where the Contractor seeks to claim the DBE’s credit toward the DBE contract goal.

4. When a DBE subcontracts part of the work of the Contract to another firm, the value of that subcontracted work may be counted toward the DBE contract goal only if the DBE's subcontractor at a lower tier is a certified DBE. Work that a DBE subcontracts to either a non-DBE firm or to a non-certified DBE firm will not count toward the DBE contract goal. The cost of supplies and equipment a DBE subcontractor purchases or leases from the prime Contractor or the prime’s affiliated firms will not count toward the Contract goal for DBE participation.

5. The Contractor may count expenditures to a DBE subcontractor toward the DBE contract goal only if the DBE performs a Commercially Useful Function (CUF) on that contract.

6. A Contractor may not count the participation of a DBE subcontractor toward the Contractor's final compliance with the DBE contract goal obligations until the amount being counted has actually been paid to the DBE. A Contractor may count sixty (60) percent of its expenditures actually paid for materials and supplies obtained from a DBE certified as a regular dealer, and one hundred (100) percent of such expenditures actually paid for materials and supplies obtained from a certified DBE manufacturer.

a. For the purposes of this Special Provision, a regular dealer is defined as a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment required and used under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the DBE firm shall be an established business that regularly engages, as its principal business and under its own name, in the purchase and sale or lease of the products or equipment in question. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions will not be considered regular dealers.

b. A DBE firm may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business where it keeps such items in stock if the DBE both owns and operates distribution equipment for the products it sells and provides for the Contract work. Any supplementation of a regular dealer's own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis to be eligible for credit to meet the DBE contract goal.

c. If a DBE regular dealer is used for DBE contract goal credit, no additional credit will be given for hauling or delivery to the project site goods or materials sold by that DBE regular dealer. Those delivery costs shall be deemed included in the price charged for the goods or materials by the DBE regular dealer, who shall be responsible for their distribution.

d. For the purposes of this Special Provision, a manufacturer will be defined as a firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the project specifications. A manufacturer shall include firms that produce finished goods or products from raw or unfinished material, or purchase and substantially alter goods and materials to make them suitable for construction use before reselling them.

LACF -47 e. A Contractor may count toward the DBE contract goal the following expenditures to DBE firms that are not regular dealers or manufacturers for DBE program purposes:

(1) The entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of the federal-aid contract, if the fee is reasonable and not excessive or greater than would normally be expected by industry standards for the same or similar services.

(2) The entire amount of that portion of the construction contract that is performed by the DBE's own forces and equipment under the DBE's supervision. This includes the cost of supplies and materials ordered and paid for by the DBE for contract work, including supplies purchased or equipment leased by the DBE, except supplies and equipment a DBE subcontractor purchases or leases from the prime Contractor or its affiliates.

f. A Contractor may count toward the DBE contract goal one hundred (100) percent of the fees paid to a DBE trucker or hauler for the delivery of material and supplies required on the project job site, but not for the cost of those materials or supplies themselves, provided that the trucking or hauling fee is determined by VDOT to be reasonable, as compared with fees customarily charged by non-DBE firms for similar services. A Contractor shall not count costs for the removal or relocation of excess material from or on the job site when the DBE trucking company is not the manufacturer of or a regular dealer in those materials and supplies. The DBE trucking firm shall also perform a Commercially Useful Function (CUF) on the project and not operate merely as a pass through for the purposes of gaining credit toward the DBE contract goal. Prior to submitting a bid, the Contractor shall determine, or contact the VDOT Civil Rights Division or its district Offices for assistance in determining, whether a DBE trucking firm will meet the criteria for performing a CUF on the project. See section on Miscellaneous DBE Program Requirements; Factors used to Determine if a DBE Trucking Firm is Performing a CUF.

g. The Contractor will receive DBE contract goal credit for the fees or commissions charged by and paid to a DBE broker who arranges or expedites sales, leases, or other project work or service arrangements provided that those fees are determined by VDOT to be reasonable and not excessive as compared with fees customarily charged by non-DBE firms for similar services. For the purposes of this Special Provision, a broker is defined as a person or firm that regularly engages in arranging for delivery of material, supplies, and equipment, or regularly arranges for the providing of project services as a course of routine business but does not own or operate the delivery equipment necessary to transport materials, supplies, or equipment to or from a job site.

(i) Performing a Commercially Useful Function (CUF)

No credit toward the DBE contract goal will be allowed for contract payments or expenditures to a DBE firm if that DBE firm does not perform a CUF on that contract. A DBE performs a CUF when the DBE is solely responsible for execution of a distinct element of the Contract work and the DBE actually performs, manages, and supervises the work involved with the firm’s own forces or in accordance with the provisions of the DBE Participation for Contract Goal Credit section of this Special Provision. To perform a CUF the DBE alone shall be responsible and bear the risk for the material and supplies used on the Contract, selecting a supplier or dealer from those available, negotiating price, determining quality and quantity, ordering the material and supplies, installing those materials with the DBE’s own forces and equipment, and paying for those materials and supplies. The amount the DBE firm is to be paid under the Contract shall be commensurate with the work the DBE actually performs and the DBE credit claimed for the DBE’s performance.

LACF -48 Monitoring CUF Performance: It shall be the Contractor's responsibility to ensure that all DBE firms selected for subcontract work on the Contract, for which he seeks to claim credit toward the Contract goal, perform a CUF. Further, the Contractor is responsible for and shall ensure that each DBE firm fully performs the DBE’s designated tasks with the DBE’s own forces and equipment under the DBE’s own direct supervision and management or in accordance with the provisions of the DBE Participation for Contract Goal Credit section of this Special Provision. For the purposes of this provision the DBE‘s equipment will mean either equipment directly owned by the DBE as evidenced by title, bill of sale or other such documentation, or leased by the DBE, and over which the DBE has control as evidenced by the leasing agreement from a firm not owned in whole or part by the prime Contractor or an affiliate of the Contractor under this contract.

VDOT will monitor the Contractor’s DBE involvement during the performance of the Contract. However, VDOT is under no obligation to warn the Contractor that a DBE's participation will not count toward the goal.

DBEs Must Perform a Useful and Necessary Role in Contract Completion: A DBE does not perform a commercially useful function if the DBE’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation.

DBEs Must Perform The Contract Work With Their Own Workforces: If a DBE does not perform and exercise responsibility for at least thirty (30) percent of the total cost of the DBE’s contract with the DBE’s own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involve, VDOT will presume that the DBE is not performing a CUF and such participation will not be counted toward the Contract goal.

VDOT Makes Final Determination On Whether a CUF Is Performed: VDOT has the final authority to determine whether a DBE firm has performed a CUF on a federal-aid contract. To determine whether a DBE is performing or has performed a CUF, VDOT will evaluate the amount of work subcontracted by that DBE firm or performed by other firms and the extent of the involvement of other firms’ forces and equipment. Any DBE work performed by the Contractor or by employees or equipment of the Contractor shall be subject to disallowance under the DBE Program, unless the independent validity and need for such an arrangement and work is demonstrated.

(j) Verification of DBE Participation and Imposed Damages

Within fourteen days after contract execution, the Contractor shall submit to the Responsible Engineer, with a copy to the District Civil Rights Office (DCRO), a fully executed subcontract agreement for each DBE used to claim credit in accordance with the requirements stated on Form C-112. The subcontract agreement shall be executed by both parties stating the work to be performed, the details or specifics concerning such work, and the price which will be paid to the DBE subcontractor. Because of the commercial damage that the Contractor and its DBE subcontractor could suffer if their subcontract pricing, terms, and conditions were known to competitors, the Department staff will treat subcontract agreements as proprietary Contractor trade secrets with regard to Freedom of Information Act requests. In lieu of subcontract agreements, purchase orders may be submitted for haulers, suppliers, and manufacturers. These too, will be treated confidentially and protected. Such purchase orders must contain, as a minimum, the following information: authorized signatures of both parties; description of the scope of work to include contract item numbers, quantities, and prices; and required federal contract provisions.

LACF -49 The Contractor shall also furnish, and shall require each subcontractor to furnish, information relative to all DBE involvement on the project for each quarter during the life of the Contract in which participation occurs and verification is available. The information shall be indicated on Form C-63, DBE and SWAM Payment Compliance Report. The department reserves the right to request proof of payment via copies of cancelled checks with appropriate identifying notations. Failure to provide Form C-63 to the District Civil Rights Office (DCRO) within five (5) business days after the reporting period may result in delay of approval of the Contractor’s monthly progress estimate for payment. The names and certification numbers of DBE firms provided by the Contractor on the various forms indicated in this Special Provision shall be exactly as shown on the DMBE’s or MWAA’s latest list of certified DBEs. Signatures on all forms indicated herein shall be those of authorized representatives of the Contractor as shown on the Prequalification Application, Form C-32 or the Prequalification/Certification Renewal Application, Form C-32A, or authorized by letter from the Contractor. If DBE firms are used which have not been previously documented with the Contractor’s bid and for which the Contractor now desires to claim credit toward the project goal, the Contractor shall be responsible for submitting necessary documentation in accordance with the procedures stipulated in this Special Provision to cover such work prior to the DBE beginning work.

Form C-63 can be obtained from the VDOT website at: http://vdotforms.vdot.virginia.gov/

The Contractor shall submit to the Responsible Engineer its progress schedule with a copy to the DCRO, as required by Section 108.03 of the Specifications or other such specific contract scheduling specification that may include contractual milestones, i.e., monthly or VDOT requested updates. The Contractor shall include a narrative of applicable DBE activities relative to work activities of the Contractor’s progress schedule, including the approximate start times and durations of all DBE participation to be claimed for credit that shall result in full achievement of the DBE goal required in the Contract.

On contracts awarded on the basis of good faith efforts, narratives or other agreeable format of schedule information requirements and subsequent progress determination shall be based on the commitment information shown on the latest Form C-111 as compared with the appropriate Form C-63.

Prior to beginning any major component or quarter of the work, as applicable, in which DBE work is to be performed, the Contractor shall furnish a revised Form C-111 showing the name(s) and certification number(s) of any current DBEs not previously submitted who will perform the work during that major component or quarter for which the Contractor seeks to claim credit toward the Contract DBE goal. The Contractor shall obtain the prior approval of the Department for any assistance it may provide to the DBE beyond its existing resources in executing its commitment to the work in accordance with the requirements listed in the Good Faith Efforts Described section of this Special Provision. If the Contractor is aware of any assistance beyond a DBE’s existing resources that the Contractor, or another subcontractor, may be contemplating or may deem necessary and that have not been previously approved, the Contractor shall submit a new or revised narrative statement for VDOT’s approval prior to assistance being rendered.

If the Contractor fails to comply with correctly completing and submitting any of the required documentation requested by this provision within the specified time frames, the Department will withhold payment of the monthly progress estimate until such time as the required submissions are received VDOT. Where such failures to provide required submittals or documentation are repeated the Department will move to enjoin the Contractor and any prime contractual affiliates, as in the case of a joint venture, from bidding as a prime Contractor, or participating as a subcontractor on VDOT projects until such submissions are received.

(k) Documentation Required for Semi-final Payment

LACF -50 On those projects nearing completion, the Contractor must submit Form C-63 marked “Semi- Final” within twenty (20) days after the submission of the last regular monthly progress estimate to the DCRO. The form must include each DBE used on the Contract work and the work performed by each DBE. The form shall include the actual dollar amount paid to each DBE for the accepted creditable work on the Contract. The form shall be certified under penalty of perjury, or other applicable law, to be accurate and complete. VDOT will use this certification and other information available to determine applicable DBE credit allowed to date by VDOT and the extent to which the DBEs were fully paid for that work. The Contractor shall acknowledge by the act of filing the form that the information is supplied to obtain payment regarding a federal participation contract. A letter of certification, signed by both the prime Contractor and appropriate DBEs, will accompany the form, indicating the amount, including any retainage, if present, that remains to be paid to the DBE(s).

(l) Documentation Required for Final Payment

On those projects that are complete, the Contractor shall submit a final Form C-63 marked “Final” to the DCRO, within thirty (30) days of the final estimate. The form must include each DBE used on the Contract and the work performed by each DBE. The form shall include the actual dollar amount paid to each DBE for the creditable work on the Contract. VDOT will use this form and other information available to determine if the Contractor and DBEs have satisfied the DBE contract goal percentage specified in the Contract and the extent to which credit was allowed. The Contractor shall acknowledge by the act of signing and filing the form that the information is supplied to obtain payment regarding a federal participation contract.

(m) Prompt Payment Requirements

The Contractor shall make prompt and full payment to the subcontractor(s) of any retainage held by the prime Contractor after the subcontractor’s work is satisfactorily completed.

For purposes of this Special Provision, a subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished, documented, and accepted as required by the contract documents by VDOT. When VDOT has made partial acceptance of a portion of the prime contract, the Department will consider the work of any subcontractor covered by that partial acceptance to be satisfactorily completed. Payment will be made in accordance with the requirements of Section 107.01, Section 109.08, and Section 109.09 of the Specifications.

Upon VDOT’s payment of the subcontractor’s portion of the work as shown on the monthly progress estimate and the receipt of payment by the Contractor for such work, the Contractor shall make compensation in full to the subcontractor for that portion of the work satisfactorily completed and accepted by the Department. For the purposes of this Special Provision, payment of the subcontractor’s portion of the work shall mean the Contractor has issued payment in full, less agreed upon retainage, if any, to the subcontractor for that portion of the subcontractor’s work that VDOT paid to the Contractor on the monthly progress estimate.

The Contractor shall make payment of the subcontractor’s portion of the work within seven (7) days of the receipt of payment from VDOT in accordance with the requirements of Section 107.01, Section 109.08, and Section 109.09 of the Specifications.

If the Contractor fails to make payment for the subcontractor’s portion of the work within the time frame specified herein, the subcontractor shall contact the Responsible Engineer and the Contractor’s bonding company in writing. The bonding company and VDOT will investigate the cause for non-payment and, barring mitigating circumstances that would make the subcontractor ineligible for payment, ensure payment in accordance with the requirements of Section 107.01, Section 109.08, and Section 109.09 of the Specifications.

LACF -51 By bidding on this contract, and by accepting and executing this contract, the Contractor agrees to assume these contractual obligations, and to bind the Contractor’s subcontractors contractually to those prompt payment requirements.

Nothing contained herein shall preclude the Contractor from withholding payment to the subcontractor in accordance with the terms of the subcontract in order to protect the Contractor from loss or cost of damage due to a breach of agreement by the subcontractor.

(n) Miscellaneous DBE Program Requirements

1. Loss of DBE Eligibility: When a DBE firm has been removed from eligibility as a certified DBE firm, the following actions will be taken:

a. When a Bidder/Contractor has made a commitment to use a DBE firm that is not currently certified, thereby making the Contractor ineligible to receive DBE participation credit for work performed, and a subcontract has not been executed, the ineligible DBE firm does not count toward either the Contract goal or overall goal. The Contractor shall meet the Contract goal with a DBE firm that is eligible to receive DBE credit for work performed, or must demonstrate to the Contract Engineer that it has made good faith efforts to do so.

b. When a Bidder/Contractor has executed a subcontract with a certified DBE firm prior to official notification of the DBE firm’s loss of eligibility, the Contractor may continue to use the firm on the Contract and shall continue to receive DBE credit toward its DBE goal for the subcontractor’s work.

c. When VDOT has executed a prime contract with a DBE firm that is certified at the time of contract execution but that is later ruled ineligible, the portion of the ineligible firm’s performance on the Contract before VDOT has issued the notice of its ineligibility shall count toward the Contract goal.

2. Termination of DBE: If a certified DBE subcontractor is terminated, or fails, refuses, or is unable to complete the work on the Contract for any reason, the Contractor must promptly request approval to substitute or replace that firm in accordance with this section of this Special Provision.

The Contractor, as aforementioned in DBE Program-Related Certifications Made by Bidders/Contractors, shall notify VDOT in writing before terminating and/or replacing the DBE that was committed as a condition of contract award or that is otherwise being used or represented to fulfill DBE contract obligations during the Contract performance period. Written consent from the Department for terminating the performance of any DBE shall be granted only when the Contractor can demonstrate that the DBE is unable, unwilling, or ineligible to perform its obligations for which the Contractor sought credit toward the Contract DBE goal. Such written consent by the Department to terminate any DBE shall concurrently constitute written consent to substitute or replace the terminated DBE with another DBE. Consent to terminate a DBE shall not be based on the Contractor’s ability to negotiate a more advantageous contract with another subcontractor whether that subcontractor is, or is not, a certified DBE.

a. All Contractor requests to terminate, substitute, or replace a certified DBE shall be in writing, and shall include the following information:

(1) The date the Contractor determined the DBE to be unwilling, unable, or ineligible to perform.

LACF -52 (2) The projected date that the Contractor shall require a substitution or replacement DBE to commence work if consent is granted to the request.

(3) A brief statement of facts describing and citing specific actions or inaction by the DBE giving rise to the Contractor’s assertion that the DBE is unwilling, unable, or ineligible to perform;

(4) A brief statement of the affected DBE’s capacity and ability to perform the work as determined by the Contractor;

(5) A brief statement of facts regarding actions taken by the Contractor which are believed to constitute good faith efforts toward enabling the DBE to perform;

(6) The current percentage of work completed on each bid item by the DBE;

(7) The total dollar amount currently paid per bid item for work performed by the DBE;

(8) The total dollar amount per bid item remaining to be paid to the DBE for work completed, but for which the DBE has not received payment, and with which the Contractor has no dispute;

(9) The total dollar amount per bid item remaining to be paid to the DBE for work completed, but for which the DBE has not received payment, and over which the Contractor and/or the DBE have a dispute. b. Contractor’s Written Notice to DBE of Pending Request to Terminate and Substitute with another DBE.

The Contractor shall send a copy of the “request to terminate and substitute” letter to the affected committed DBE firm, in conjunction with submitting the request to the DCRO. The affected DBE firm may submit a response letter to the Department within two (2) business days of receiving the notice to terminate from the Contractor. The affected DBE firm shall explain its position concerning performance on the committed work. The Department will consider both the Contractor’s request and the DBE’s response and explanation before approving the Contractor’s termination and substitution request, or determining if any action should be taken against the Contractor.

If, after making its best efforts to deliver a copy of the “request to terminate and substitute” letter, the Contractor is unsuccessful in notifying the affected DBE firm, the Department will verify that the affected, committed DBE firm is unable or unwilling to continue the Contract. The Department will immediately approve the Contractor’s request for a substitution. c. Proposed Substitution of Another Certified DBE

Upon termination of a DBE, the Contractor shall use reasonable good faith efforts to replace the terminated DBE. The termination of such DBE shall not relieve the Contractor of its obligations pursuant to this section, and the unpaid portion of the terminated DBE’s contract will not be counted toward the Contract goal.

When a DBE substitution is necessary, the Contractor shall submit an amended Form C- 111 with the name of another DBE firm, the proposed work to be performed by that firm, and the dollar amount of the work to replace the unfulfilled portion of the work of the originally committed DBE firm. The Contractor shall furnish all pertinent information including the Contract I.D. number, project number, bid item, item description, bid unit and bid quantity, unit price, and total price. In addition, the Contractor shall submit

LACF -53 documentation for the requested substitute DBE as described in this section of this Special Provision.

Should the Contractor be unable to commit the remaining required dollar value to the substitute DBE, the Contractor shall provide written evidence of good faith efforts made to obtain the substitute value requirement. The Department will review the quality, thoroughness, and intensity of those efforts. Efforts that are viewed by VDOT as merely superficial or pro-forma will not be considered good faith efforts to meet the Contract goal for DBE participation. The Contractor must document the steps taken that demonstrated its good faith efforts to obtain participation as set forth in the Good Faith Efforts Described section of this Special Provision.

3. Factors Used to determine if a DBE Trucking Firm is performing a CUF:

The following factors will be used to determine whether a DBE trucking company is performing a CUF:

a. To perform a CUF the DBE trucking firm shall be completely responsible for the management and supervision of the entire trucking operation for which the DBE is responsible by subcontract on a particular contract. There shall not be a contrived arrangement, including, but not limited to, any arrangement that would not customarily and legally exist under regular construction project subcontracting practices for the purpose of meeting the DBE contract goal;

b. The DBE must own and operate at least one fully licensed, insured, and operational truck used in the performance of the Contract work. This does not include a supervisor’s pickup truck or a similar vehicle that is not suitable for and customarily used in hauling the necessary materials or supplies;

c. The DBE receives full contract goal credit for the total reasonable amount the DBE is paid for the transportation services provided on the Contract using trucks the DBE owns, insures, and operates using drivers that the DBE employs and manages;

d. The DBE may lease trucks from another certified DBE firm, including from an owner- operator who is certified as a DBE. The DBE firm that leases trucks from another DBE will receive credit for the total fair market value actually paid for transportation services the lessee DBE firm provides on the Contract;

e. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit for the total value of the transportation services provided by non-DBE lessees, not to exceed the value of transportation services provided by DBE-owned trucks on the Contract. For additional participation by non-DBE lessees, the DBE will only receive credit for the fee or commission it receives as a result of the lease arrangement.

EXAMPLE DBE Firm X uses two (2) of its own trucks on a contract. The firm leases two (2) trucks from DBE Firm Y and six (6) trucks from non-DBE Firm Z.

Value of Trans. Serv. (For Illustrative Firm X Purposes Only) Truck 1 Owned by DBE $100 per day Truck 2 Owned by DBE $100 per day

LACF -54 Firm Y Truck 1 Leased from DBE $110 per day Truck 2 Leased from DBE $110 per day

Firm Z Truck 1 Leased from Non $125 per day DBE Truck 2 Leased from Non $125 per day DBE Truck 3 Leased from Non $125 per day DBE Truck 4 Leased from Non $125 per day DBE Truck 5 Leased from Non $125 per day DBE* Truck 6 Leased from Non $125 per day DBE*

DBE credit would be awarded for the total transportation services provided by DBE Firm X and DBE Firm Y, and may also be awarded for the total value of transportation services by four (4) of the six (6) trucks provided by non- DBE Firm Z (not to exceed the value of transportation services provided by DBE-owned trucks).

Credit = 8 Trucks Total Value of Transportation Services = $820

In all, full DBE credit would be allowed for the participation of eight (8) trucks (twice the number of DBE trucks owned and leased) and the dollar value attributable to the Value of Transportation Services provided by the 8 trucks.

* With respect to the other two trucks provided by non-DBE Firm Z, DBE credit could be awarded only for the fees or commissions pertaining to those trucks that DBE Firm X receives as a result of the lease with non-DBE Firm Z.

f. For purposes of this section, the lease must indicate that the DBE firm leasing the truck has exclusive use of and control over the truck. This will not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, provided the lease gives the DBE absolute priority for and control over the use of the leased truck. Leased trucks must display the name and identification number of the DBE firm that has leased the truck at all times during the life of the lease.

4. Data Collection: In accordance with 49CFR Section 26.11, all firms bidding on prime contracts and bidding or quoting subcontracts on federal-aid projects shall provide the following information to the Contract Engineer annually.  Firm name  Firm address  Firm’s status as a DBE or non-DBE  The age of the firm and

LACF -55  The annual gross receipts of the firm

The means of transmittal and the risk for timely receipt of this information shall be the responsibility of the bidder. However, the above information can be submitted by means of the Annual Gross Receipts Survey as required in the Prequalification/Certification application.

All bidders, including DBE prime Contractor bidders, shall complete and submit to the Contract Engineer the Subcontractor/Supplier Solicitation and Utilization Form C-48 for each bid submitted; to be received within ten (10) business days after the bid opening. Failure of bidders to submit this form in the time frame specified may be cause for disqualification of the bidder and rejection of their bid in accordance with the requirements of this Special Provision, the Contract specifications, and VDOT Road and Bridge specifications.

(o) Suspect Evidence of Criminal Behavior

Failure of a bidder, Contractor, or subcontractor to comply with the Virginia Department of Transportation Road and Bridge Specifications and these Special Provisions wherein there appears to be evidence of criminal conduct shall be referred to the Attorney General for the Commonwealth of Virginia and/or the FHWA Inspector General for criminal investigation and, if warranted, prosecution.

Suspected DBE Fraud

In appropriate cases, VDOT will bring to the attention of the U. S. Department of Transportation (USDOT) any appearance of false, fraudulent, or dishonest conduct in connection with the DBE program, so that USDOT can take the steps, e.g., referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules provided in 49CFR Part 31.

(p) Summary of Remedies for Non-Compliance with DBE Program Requirements

Failure of any bidder\Contractor to comply with the requirements of this Special Provision for Section 107.15 of the Virginia Road and Bridge Specifications, which is deemed to be a condition of bidding, or where a contract exists, is deemed to constitute a breach of contract shall be remedied in accordance with the following:

1. Disadvantaged Business Enterprise (DBE) Program Requirements

The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award, administration, and performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which will result in the termination of this contract or other such remedy, as VDOT deems appropriate.

All administrative remedies noted in this provision are automatic unless the Contractor exercises the right of appeal within the required timeframe(s) specified herein.

2. DBE Program-Related Certifications Made by Bidders\Contractors

Once awarded the contract, the Contractor shall comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each certified DBE firm participating in the Contract shall fully perform the designated work items with the DBE’s own forces and equipment under the DBE’s direct supervision, control, and management. Where a contract exists and where the Contractor, DBE firm, or any other firm retained by the Contractor has failed to comply with federal or VDOT DBE Program regulations and/or their requirements on that contract, VDOT has the authority and discretion to determine the extent to which the DBE contract requirements have not been met, and will assess against the

LACF -56 Contractor any remedies available at law or provided in the Contract in the event of such a contract breach.

3. Disqualification of Bidder

Bidders may be disqualified from bidding for failure to comply with the requirements of this Special Provision, the Contract specifications, and VDOT Road and Bridge Specifications.

4. Bidding Procedures

The failure of a bidder to submit the required documentation within the timeframes specified in the Contract Goal, Good Faith Efforts Specified section of this Special Provision may be cause for rejection of that bidder’s bid. If the lowest bidder is rejected for failure to submit required documentation in the specified time frames, the Department may either award the work to the next lowest bidder, or re-advertise and construct the work under contract or otherwise as determined by the Commonwealth.

In order to award a contract to a bidder that has failed to meet DBE contract goal requirements, VDOT will determine if the bidder’s efforts were adequate good faith efforts, and if given all relevant circumstances, those efforts were to the extent a bidder actively and aggressively seeking to meet the requirements would make. Regardless of the DBE contract goal participation level proposed by the bidder or the extent of good faith efforts shown, all bidders shall timely and separately file their completed and executed Forms C-111, C-112, C- 48, and Form C-49, as aforementioned, or face potential bid rejection. If a bidder does not submit it’s completed and executed C-111, or C-112, when required by this Special Provision, the bidder’s bid will be considered non-responsive and may be rejected. If, after reconsideration, the Department determines the bidder has failed to meet the requirements of the Contract goal and has failed to make adequate good faith efforts to achieve the level of DBE participation as specified in the bid proposal, the bidder’s bid will be rejected. If sufficient documented evidence is presented to demonstrate that the apparent low bidder made reasonable good faith efforts, the Department will award the Contract and reduce the DBE requirement to the actual commitment identified by the lowest successful bidder at the time of its bid. The Contractor is encouraged to seek additional participation during the life of the Contract.

If the Contractor fails to conform to the schedule of DBE participation as shown on the progress schedule, or at any point at which it is clearly evident that the remaining dollar value of allowable credit for performing work is insufficient to obtain the scheduled participation, the Contractor and any aforementioned affiliates may be enjoined from bidding for 60 days or until such time as conformance with the schedule of DBE participation is achieved. In such instances, the Contractor is expected to seek DBE participation towards meeting the goal during the prosecution of the Contract.

If the Contractor fails upon completion of the project to meet the required participation, the Contractor and any prime contractual affiliates, as in the case of a joint venture, may be enjoined from bidding as a prime Contractor, or participating as a subcontractor on VDOT projects for a period of 90 days.

Prior to enjoinment from bidding or denial to participate as a subcontractor for failure to comply with participation requirements, as provided hereinbefore, the Contractor may submit documentation to the State Construction Engineer to substantiate that failure was due solely to quantitative underrun(s) or elimination of items subcontracted to DBEs, and that all feasible means have been used to obtain the required participation. The State Construction Engineer upon verification of such documentation shall make a determination whether or not the Contractor has met the requirements of the Contract.

LACF -57 If it is determined that the aforementioned documentation is insufficient or the failure to meet required participation is due to other reasons, the Contractor may request an appearance before the Administrative Reconsideration Panel to establish that all feasible means were used to meet such participation requirements. The decision of the Administrative Reconsideration Panel shall be administratively final. The enjoinment period will begin upon the Contractor’s failure to request a hearing within the designated time frame or upon the Administrative Reconsideration Panel’s decision to enjoin, as applicable.

5. Verification of DBE Participation and Imposed Damages

If the Contractor fails to comply with correctly completing and submitting any of the required documentation requested by this provision within the specified time frames, the Department will withhold payment of the monthly progress estimate until such time as the required submissions are received by VDOT. Where such failures to provide required submittals or documentation are repeated the Department will move to enjoin the Contractor and any prime contractual affiliates, as in the case of a joint venture, from bidding as a prime Contractor, or participating as a subcontractor on VDOT projects until such submissions are received.

(q) Suspect Evidence of Criminal Behavior

In addition to the remedies described heretofore in this provision VDOT also exercises its rights with respect to the following remedies:

 Failure of a bidder, Contractor, or subcontractor to comply with the Virginia Department of Transportation Road and Bridge Specifications and these Special Provisions wherein there appears to be evidence of criminal conduct shall be referred to the Attorney General for the Commonwealth of Virginia and/or the FHWA Inspector General for criminal investigation and, if warranted prosecution.

 In appropriate cases, VDOT will bring to the attention of the U. S. Department of Transportation (USDOT) any appearance of false, fraudulent, or dishonest conduct in connection with the DBE program, so that USDOT can take the steps, e.g., referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules provided in 49CFR Part 31.

LACF -58 SP0F0-000140-00 May 1, 2012; Reissued July 12, 2016 FHWA-1273 ATTACHMENT A (Electronic Version) (Applicable to Appalachian contracts only)

The following attachment to Form FHWA-1273 titled ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS shall apply to this contract:

======

FHWA-1273 Attachment A – Revised May 1, 2012

ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS

This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the Contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the Contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the Contractor on the contract work, except as provided in subparagraph (4) below.

2. The Contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the Contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The Contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The Contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the Contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the Contractor, or less than the number requested, the State Employment Service will forward a certificate to the Contractor indicating the unavailability of applicants. Such certificate shall be

LACF -59 made a part of the Contractor's permanent project records. Upon receipt of this certificate, the Contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The Contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

LACF -60 SP102-050100-01

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR USE OF DOMESTIC MATERIAL

May 1, 2018

SECTION 102.05 PREPARATION OF BID of the Specifications is amended to include the following:

Waivers:

The process for receiving a waiver for Buy America provisions is identified in 23 CFR 635.410(c). The Contractor shall not anticipate that any Buy America provisions will be waived.

Certification of Compliance:

Supporting Documentation:

LACF -62 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL

1.01 REQUIREMENTS INCLUDED

A. Any and all Bid Documents, General Conditions, and Supplementary Conditions are part of this Section.

1.02 REFERENCES

A. Section 01 14 00 – Work Restrictions B. Section 01 55 26 – Traffic Control

1.03 WORK UNDER THIS CONTRACT

A. The Work covered under this Contract comprises the furnishing of all labor, materials, equipment, tools and services, and the installation and construction of all items, and the performance of all work necessary to complete the work shown or called for on the Drawings and/or specified in these Specifications. B. The work is generally described as installation of streetscape enhancements which include but are not limited to trees, tree grates, pavers, concrete sidewalks, curb and gutter, street lighting, asphalt, signage, and crosswalks.

1.04 OWNER OCCUPANCY

A. The owner reserves the right to occupy and to place and install site furnishings, prior to Substantial Completion provided that such occupancy does not interfere with completion of the Work. Such placing of the site furnishings shall not constitute acceptance of the total Work.

1.05 CONTINUED OPERATION OF THE ADJACENT SITES

A. The Contractor shall establish a Schedule of Work Performance in coordination with the Owner to insure continued operation of the adjacent sites during the construction period. Contractor shall provide access to existing buildings that will be affected by the sidewalk demolition/construction. B. Contractor shall provide a Construction Traffic Control Plan that is to be approved by the Owner. This plan shall be prepare in accordance with VDOT specifications, the Virginia Work Area Protection Manual, and the Manual on Uniform Traffic Control Devices, and shall indicate the signs, barricades, and channelizing and safety devices to be furnished, erected, and maintained by the Contractor during construction. Traffic control shall be in accordance with Section 01 55 26 – Traffic Control. C. Impact of construction activities shall be as described in Section 01 14 00 – Work Restrictions.

01 11 00-1 1.06 EROSION AND SEDIMENT CONTROL

A. The Contractor is required to strictly observe regulations regarding erosion and sediment control procedures. If corrective action is required and not responded to within 24 hours of notice the Owner shall reserve the rights to perform the work and back charge the Contractor.

1.07 DRAWINGS AND SPECIFICATIONS

A. The successful Contractor shall be responsible for including all items indicated on the Contract Drawings or indicated in the Contract Specifications. If an item is called for on the Drawings, and not specifically designated to a particular specification section, the Contractor shall determine by whom it shall be provided as part of the Contract amount. The Project Engineer will not arbitrate differences and responsibilities between Contractor and Subcontractors. 1.08 LINES AND GRADES A. The Engineer has established control points, bench marks, and other pertinent monuments at the site of the work. From these established bench marks, the Contractor shall run all lines and levels, furnish, set and drive grade stakes, and do all other work necessary to lay out his work in accordance with the dimensions and elevations on the Plans. B. The Contractor shall employ properly qualified personnel to perform the work herein described. The Contractor shall also furnish and set all template and batter boards necessary. The Contractor will be held responsible for the preservation of all stakes and marks established by the Engineer, and if any of the stakes and marks are carelessly or willfully disturbed, the cost of replacing them shall be charged against the Contractor.

PART 2 - PRODUCTS

A. All products incorporated into the work are to be new or unused, and first quality unless otherwise specifically noted.

PART 3 - EXECUTION

A. All work is to be performed in a workmanlike manner by properly trained and qualified personnel under supervision of the Contractor’s representative.

END OF SECTION

01 11 00-2 SECTION 01 14 00 WORK RESTRICTIONS PART 1 - GENERAL 1.01 RELATED WORK A. Section 01 50 00 – Temporary Facilities and Controls B. Section 01 55 26 – Traffic Control C. Section 32 20 00 – Site Restoration 1.02 SECTION INCLUDES A. General use of site including properties inside and outside rights-of-way, work affecting road, ramps, streets and driveways and notification to adjacent occupants. B. Confine construction activities to limits shown on plan unless directed otherwise. 1.03 RIGHTS-OF-WAY A. Contractor is responsible for obtaining an approved Maintenance of Traffic Plan in accordance with all applicable VDOT and FWHA standards and specifications. B. Confine access, operations and storage areas to rights-of-way provided by Town; trespassing on abutting lands or other lands in the area is not allowed. C. Make arrangements, at no cost to Owner, for temporary use of private properties if necessary. Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from use of properties outside rights-of-way. Submit notarized copy of agreement between private property owner and Contractor prior to use of area. D. Obtain permits from Town for storage of materials in private or public areas, if required. E. Restrict total length of distributed materials along route of construction to 600 linear feet, unless approved by Engineer. 1.04 PROPERTIES OUTSIDE OF RIGHTS-OF-WAY A. Do not alter condition of properties adjacent to and along rights-of-way, unless given permission by owner and approved by engineer. B. Do not use ways, means, methods, techniques, sequences, or procedures that result in damage to properties or improvements. C. Restore damaged properties outside of rights-of-ways at no cost to the Owner in accordance with Section 32 20 00 – Site Restoration. 1.05 USE OF RIGHT-OF-WAY A. Obtain approvals from governing authorities prior to impeding or closing public roads and streets. Do not close more than one intersection at one time. B. Notify Engineer and VDOT at least 48 hours prior to closing street or street crossing. Obtain permits for street closures in advance. C. Maintain 10-foot-wide minimum access lane for emergency vehicles including access to fire hydrants. D. Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of Work, provide grading and temporary drainage structures to maintain unimpeded flow.

01 14 00 - 1 E. Perform daily clean-up in affected construction areas in order to restore site to existing or better conditions. Areas should be free of debris, scrap material, dirt, mud, and other items identified by Engineer or Owner. Do not leave buildings, roads, streets and other construction areas unclean. F. Restore damaged landscaping to condition existing at start of Work, or better in accordance with Section 32 20 00 – Site Restoration. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by Work of proposed construction and time schedule. Notify not less than 72 hours or more than 2 weeks prior to work performed within 200 feet of homes or businesses. B. Include in notification names and telephone numbers of two company representatives for resident contact available on 24-hour call. Include precautions taken to protect private property and identify potential access, utility inconvenience and disruption. 1.07 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of Work. B. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment, large tandem axle trucks or equipment that will damage existing roadway surface. C. Construct and maintain access roads and parking areas as specified in Section 01 50 00 - Temporary Facilities and Controls. 1.08 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or inconveniencing of public travel on streets or intersecting alleys for more than one block at a time, except by permission of Owner or Engineer. B. Remove surplus materials and debris and open each block for public use when work in that block is complete. C. Acceptance of any portion of Work is not based on return of street to public use. D. Avoid obstructing driveways or entrances to private property. E. Provide temporary crossing or complete excavation and backfill in one continuous operation to minimize duration of obstruction when excavation is required across drives or entrances. F. Provide barricades and signs in accordance with FHWA Manual on Uniform Traffic Control Devices, Latest Edition. 1.09 TRAFFIC CONTROL A. Comply with traffic regulation as specified in Section 01 55 26 - Traffic Control.

PART 2 - PRODUCTS NOT USED

PART 3 - EXECUTION NOT USED END OF SECTION

01 14 00 - 2 SECTION 01 18 00 PROJECT UTILITY SOURCES

PART 1 - GENERAL 1.01 ELECTRIC SERVICE: A. Shenandoah Valley Electric Cooperative (SVEC) (a) www.svec.coop (b) Phone: 800-234-7832 1.02 WATER: A. Town of Strasburg Public Works i. Jay McKinley, Director of Public Works (a) E-mail: [email protected] (b) Phone: 540-465-9197 1.03 SEWER: A. Town of Strasburg Public Works i. Jay McKinley, Director of Public Works (a) E-mail: [email protected] (b) Phone: 540-465-9197 1.04 CABLE: A. Shentel (a) Phone 800-793-6835 (b) www.shentel.com 1.05 GAS: A. Shenandoah Gas Company (a) Phone (540) 896-1111 1.06 PHONE: A. Shentel (a) Phone 800-793-6835 (b) www.shentel.com

01 18 00 - 1 SECTION 01 26 46 CONSTRUCTION CHANGE DIRECTIVES

PART 1 - GENERAL

1.01 REQUIREMENTS INCLUDED

A. Promptly implement change order procedures with full written documentation required to evaluate changes to Engineer and Owner.

1.02 PRELIMINARY PROCEDURES

A. Owner or Engineer may initiate changes by submitting a Proposal Request to Contractor. Request will include: i. Detailed description of the Change, Products, and location of the Change in the Project. ii. Supplementary or revised Drawings and Specifications. iii. The projected time span for making the change. iv. A specific period of time during which the requested price will be considered valid. v. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Engineer, containing: i. Description of the proposed changes. ii. Statement of the reason for making the changes. iii. Statement of the effect on the Contract Sum and the Contract Time. iv. Statement of the effect on the Work of separate Contractors. v. Documentation supporting any change in Contract Sum or Contract Time, as appropriate.

1.03 CONSTRUCTION CHANGE AUTHORIZATION

A. In lieu of a Proposal Request, Engineer may issue a Construction Change Authorization for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining any change in the Contract Sum and any change in Contract Time. C. Owner and Engineer will sign and date the Construction Change Authorization as authorization for the Contractor to proceed with the changes. D. Contractor may sign and date the Construction Change Authorization to indicate agreement with the terms therein.

1.04 DOCUMENTATION OF PROPOSALS AND CLAIMS

A. Support each quotation for a lump-sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation.

01 26 46 - 1 B. On request provide additional data to support time and cost computation: i. Labor required. ii. Equipment required iii. Products required iv. Recommended source of purchase and unit cost. v. Quantities required. vi. Taxes, insurance, and bonds. vii. Credit for work deleted from Contract, similarly documented. viii. Overhead and profit. ix. Justification for any change in Contract Time.

1.05 PREPARATION OF CHANGE ORDERS

A. Engineer will prepare each Change Order. B. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time.

1.06 LUMP-SUM/FIXED PRICE CHANGE ORDER

A. Content of Change Orders will be based on, either: i. Engineer’s Proposal Request and Contractor’s responsive proposal as mutually agreed between Owner and Contractor. ii. Contractor’s proposal for a change, as recommended by Engineer. B. Owner and Engineer will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor will sign and date the Change Order to indicate agreement with the terms therein.

1.07 CORRELATION WITH CONTRACTOR’S SUBMITTALS

A. Periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. i. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion or work under a Change Order, enter pertinent changes in Record Documents.

PART 2 - PRODUCTS – NOT USED

PART 3 - EXECUTION – NOT USED

END OF SECTION

01 26 46 - 2 SECTION 01 29 00 PAYMENT PROCEDURES

PART 1 - GENERAL

1.01 REFERENCES A. Section 01 33 00 – Submittal Procedures B. Section 01 32 33 – Photographic Documentation 1.02 REQUIREMENTS INCLUDED

A. Contractor shall submit Applications for Payment to Engineer no more than once every 30 days. Applications will be made on standard forms provided by the Engineer. All applications must show complete schedule of values and percentage of work completed to date. Application for Payment will not be processed without the following:

i. Supporting data for percent completion, i.e. all submittals and reports up to date. ii. Continued jobsite clean-up and establishment and maintenance of erosion and sediment control measures in accordance with these specifications. iii. Supporting construction progress photographs in accordance with Section 01 32 33 – Photographic Documentation.

PART 2 - MATERIALS

NOT USED

PART 3 - EXECUTION

NOT USED

END OF SECTION

01 29 00 - 1 SECTION 01 31 19 PRECONSTRUCTION CONFERENCE

PART 1 - GENERAL

1.01 REFERENCES

A. Section 01 32 13 – Construction Schedules B. Section 01 32 33 – Photographic Documentation C. Section 01 55 26 – Traffic Control

1.02 REQUIREMENTS INCLUDED

A. Contractor’s representative shall attend the preconstruction conference and present the following information for acceptance by the Owner and Engineer:

i. Construction Schedules in accordance with Section 01 32 13 – Construction Schedules. ii. Schedule of Values iii. Existing conditions photographs in accordance with Section 01 32 33 – Photographic Documentation.

B. Conference will be held at the site after the agreement has been executed but before the Notice to Proceed is issued. C. Contractor shall obtain an approved Maintenance of Traffic Plan in accordance with Section 01 55 26 – Traffic Control prior to beginning any work which will affected pedestrian or motor traffic.

PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

NOT USED

END OF SECTION

01 31 19 - 1 SECTION 01 32 13 CONSTRUCTION SCHEDULES

PART 1 - GENERAL

1.01 DESCRIPTION

A. Provide Construction Schedules for Work included in Contract in accordance with requirements in this Section. Create Construction Schedule using Critical Path Method (CPM) computer software capable of mathematical analysis of Precedence Diagramming Method (PDM) plans. Provide printed activity listings and bar charts in formats described in this Section.

1.02 REQUIREMENTS INCLUDED

A. Prior to the issuance of the Notice to Proceed, Contractor shall submit the Owner and Engineer a proposed construction schedule. Engineer/Owner will review and approve B. Construction schedule shall be in a form, which will clearly show the proposed degree of completeness of each aspect of the construction throughout the life of the contract. Bar graphs and/or PERT diagrams are acceptable forms. C. Owner and Engineer will review schedule. Final construction schedule may be revised and accepted by all parties during Preconstruction Conference. D. Combine activity listings and bar charts with narrative report to form Construction Schedule submittal for City Engineer.

1.03 SUBMITTALS

A. Conform to requirements of Section 01330 - Submittal Procedures. B. Within 21 days of receipt of approval of Contractor's format, or 30 days of Notice to Proceed, whichever is later, submit proposed Construction Schedule for review. Base Construction Schedule submittal on following: C. Printed bar charts that meet criteria outlined in this Section and are produced by Contractor's scheduling software. D. Prepare and submit graphic or tabular display of estimated monthly billings, i.e., a cash flow curve for Work with first schedule submittal. This information is not required in monthly updates, unless significant changes in work require re-submittal of schedule for review. Display shall allocate units indicated in bid schedule or Schedule of Values to Construction Schedule activities. (Weighted allocations are acceptable, where appropriate). Dollar value associated with each allocated unit will be spread across duration of activity on monthly basis. Total for each month and cumulative total will be indicated. These monthly forecasts are only for planning purposes of Owner. E. Narrative Report that provides information outlined in this Section.

01 32 13 - 1 F. Upon written request from Engineer, revise and submit for review all or any part of Construction Schedule submittal to reflect changed conditions in Work or deviations made from original plan and schedule. G. Updated Construction Schedule with Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity shall be submitted monthly. Data date used in updating monthly Construction Schedule shall be same date as is used in monthly Payment Application. This monthly update of schedule shall be required before monthly Payment Application will be processed for payment.

1.04 NARRATIVE SCHEDULE REPORT

A. Narrative Schedule Report shall list Activities Started This Month; Activities Completed This Month; Activities Continued This Month; Activities Scheduled To Start or Complete Next Month; Problems Encountered This Month; Actions Taken to Solve These Problems. B. Narrative Schedule Report shall describe changes made to Construction Schedule Logic (i.e., changes in Predecessors and Lags); Activities Added to Schedule; Activities Deleted from Schedule; any other changes made to Schedule other than addition of Actual Start Dates and Actual Finish Dates and changes of Data Date and Remaining Durations for re-calculation of mathematical analysis.

END OF SECTION

01 32 13 - 2 SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Photographic requirements for photographic documentation of construction and their required submittals.

1.02 MEASUREMENT AND PAYMENT A. No payment will be made for this item. Include cost of construction photographs in overhead cost for this project.

1.03 SUBMITTALS A. Submit photographs taken prior to start of construction to show original site conditions. B. Contractor shall submit color progress photographs in a digital format (JPEG, JPG, BMP, or TIFF file types) with each payment application. Progress photos are to be taken no more than seven (7) days before inclusion with payment application. Contractor shall label files in such a way to easily determine the date taken. Photos should be submitted on a clearly labeled CD or DVD, or other digital media approved by Engineer. C. All submittals shall be in accordance with Section 01 33 00 – Submittal Procedures unless approved by Engineer.

1.04 QUALITY ASSURANCE A. Responsible for timely execution of photographs, their vantage point, and quality. PART 2 - PRODUCTS A. Digital camera used to gather images must be 3.5 Megapixel resolution or higher. PART 3 - EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A. Prior to commencement of any construction, take color photographs of entire limits of project and streets proposed to detour traffic. Present digital copy to Owner or Engineer for use in contract administration and inspection. B. Take sufficient number of photographs to show structural condition of concrete and condition of trees, shrubs, and grass. Fully document conditions of adjacent features such as driveway entrances, sidewalks, gardens, etc.

3.02 PROGRESS PHOTOGRAPHS A. Progress photos need only be taken in disturbed or active areas of construction. END OF SECTION

01 32 33 - 1 SECTION 01 33 00 SUBMITTAL PROCEDURES

PART 1 - GENERAL 1.01 SECTION INCLUDES A. Submittal procedures for: i. Construction Schedules ii. Shop Drawings, Product Data and Samples iii. Manufacturer's Certificates iv. Construction Photographs v. Project Record Documents vi. Design Mixes vii. Changes to Contract

1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling: i. Submit shop drawings, data and samples for related components as required by Engineer. ii. Schedule submittals well in advance of need for material or equipment for construction. Allow time to make delivery of material or equipment after submittal is approved. iii. Develop submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. Engineer will review and return submittals to Contractor as expeditiously as possible but amount of time required for review will vary depending on complexity and quantity of data submitted. In no case will submittal schedule be acceptable that allows less than 21 days for initial review by Engineer. This time for review is not justification for delays or additional compensation to Contractor. iv. Engineer's review of submittals covers only general conformity to Drawings, Specifications and dimensions that affect layout. Contractor is responsible for quantity determination. No quantities will be verified by Engineer. Contractor is responsible for errors, omissions or deviations from Contract requirements; review of submittals in no way relieves Contractor from the obligation to furnish required items according to Drawings and Specifications. v. Submit 5 copies of documents unless otherwise specified in following paragraphs or Specifications. vi. Revise and resubmit submittals as required. Identify all changes made since previous submittal. vii. Assume risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into Work or included in periodic progress payments until approval has been obtained in specified manner.

01 33 00 - 1 B. Transmittal Form and Numbering: i. Transmit each submittal to Engineer with Transmittal letter which includes: (a) Date and submittal number (b) Project title and number (c) Names of Contractor, Subcontractor, Supplier and Manufacturer (d) Identification of product or material being supplied (e) Location of where product or material is being installed (f) Specification section number ii. Identification of deviations from contract documents must be clouded on submitted drawings, and itemized and detailed on separate 8-1/2 by 11-inch sheet titled "DEVIATIONS FOR ______." iii. Design deviations must be signed and sealed by Professional Engineer registered in State of Virginia. iv. Sequentially number each transmittal letter beginning with number 1. Resubmittals use original number with alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. C. Contractor's Stamp: i. Apply Contractor's Stamp, certifying that items have been reviewed in detail and are correct in accordance with Contract, except as noted by any requested variance. ii. As a minimum, Contractor's Stamp shall include: (a) Contractor's name (b) Job number (c) Submittal number (d) Certification statement Contractor has reviewed submittal and it is in compliance with Contract Documents (e) Signature line for Contractor D. Submittal Response: i. Submittal will be returned marked "ACKNOWLEDGE RECEIPT" when no response is required. Resubmittal is not required. ii. Submittal will be returned marked "NO EXCEPTIONS TAKEN" when sufficient information is supplied to determine item described is equal to that specified. Resubmittal is not required. iii. Submittal will be returned marked "MAKE CORRECTIONS NOTED" when sufficient information is supplied to determine that item will be acceptable when certain minor changes are made. Changes, or exceptions, will be clearly stated. Resubmittal is not required, however the contractor is expected to make the changes noted by the Engineer.

01 33 00 - 2 iv. Submittal will be returned marked “REVISE AND RESUBMIT” when exceptions require other major changes, additional changes must be submitted for approval. Resubmittal is required. v. When information provided does not meet contract requirements, submittal will be returned "REJECTED". Alternative or additional data or details as requested by Engineer for approval must be formulated and resubmitted as required.

1.03 CONSTRUCTION SCHEDULES A. Submit Construction Schedules and billing forecast in accordance with Section 01 32 13 - Construction Schedule.

1.04 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A. Submit shop drawings in accordance with Section 01 34 0 - Shop Drawings, Product Data, and Samples.

1.05 MANUFACTURER'S CERTIFICATES A. When specified in Specification sections, submit manufacturers' certificate of compliance for review by Engineer. B. Place Contractor's Stamp, as described in Paragraph 1.02C, on front of certification. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer.

1.06 CONSTRUCTION PHOTOGRAPHS A. Submit Construction Photographs in accordance with Section 01 32 10 – Photographic Documentation.

1.07 PROJECT RECORD DOCUMENTS A. With each payment request, submit written certification that As-built conditions are being documented on-site.

1.08 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. Place Contractor's Stamp, as described in Paragraph 1.02C, on front of each design mix. C. Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. All tests and certifications shall have been performed within the last 12 months prior to date of submittal. D. Maintain copy of approved design mixes at mixing plant.

01 33 00 - 3 1.09 CHANGES TO CONTRACT A. Change to contract may be initiated by completing Request for Information form. Engineer provides response to Contractor by completing form and returning it to Contractor. When Contractor signs form and checks block indicating that response will result in no increase in cost or time, inquiry is complete. When Contractor and Engineer agree that an increase in time or cost is warranted, Engineer will forward Request for Proposal so that Change Order may be negotiated and approved.

PART 2 - PRODUCTS

Not Used

PART 3 - EXECUTION

Not Used

END OF SECTION

01 33 00 - 4 SECTION 01 33 23 SHOP DRAWINGS, PRODUCT DATA, & SAMPLES PART 1 - GENERAL

1.01 REFERENCES

A. Section 01 33 00 – Submittal Procedures B. Section 01 45 00 – Quality Control

1.02 GENERAL

A. Shop drawings, product data, and samples shall be in accordance with Section 01 33 00 – Submittal Procedures. B. Contractor shall submit for the approval of the Engineer, prior to start of construction, details or shop drawings, and manufacturer’s specifications of all materials and equipment he intends to furnish under this Contract. C. Shop drawings and data shall be complete in every detail sufficient to show each component, how components relate to each other and to other adjacent work shown on the Contract Documents, and as required to fully describe the installation. Clearly indicate any work that is "By Others". Data shall show how all items submitted are to be fastened in place, including types of fasteners, clips and anchors. D. Equipment shall not be fabricated until shop drawings have been approved. E. Contractor shall submit three (3) copies more than the number which he wishes to have returned from Engineer. F. Product Data submittals shall include ASTM certification as outlined in Section 01 45 00 - Quality Control.

1.03 MATERIAL SAMPLES

A. Samples of materials shall be furnished upon request of Engineer or Landscape Architect. Samples shall be representative of proposed color, texture, size, weight, and overall functionality of material. Samples shall be submitted in the same manner as shop drawings, according to guidelines of Section 01 33 00 – Submittal Procedures.

1.04 CONTRACTOR REVIEW

A. All shop drawings shall be checked, stamped, signed, and dated by the Contractor before submission to the Engineer. Accompany with certificate, signed by Supplier and Contractor, stating that products comply with the requirements of these Specifications. i. Only shop drawings and data checked and marked "Approved" or "Approved As Noted" by Contractor will be accepted for review.

01 33 23 - 1 1.05 ENGINEER REVIEW

A. Engineer’s approval of Contractor’s shop drawings will be general and shall not relieve the Contractor from the responsibility for adherence to the Contract, nor shall it relieve him of the responsibility for any error which may exist. Where such errors or omissions are discovered later, they shall be made good by the Contractor irrespective of any approval by the Engineer. PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

NOT USED

END OF SECTION

01 33 23 - 2 SECTION 01 41 00 REGULATORY REQUIREMENTS PART 1 - GENERAL

1.01 REGULATORY COMPLIANCE A. It is consistent with the intent of these Specifications to describe those performance standards, often broad and general in nature, required to provide a complete and operating system. It shall be the responsibility of the Contractor to familiarize himself fully regarding the detailed needs and requirements of any and all regulatory agencies having jurisdiction over this Work. These detailed needs and requirements should be accommodated, as part of the Work, in every manner just as if they were prescribed in these Contract Documents. 1.02 REQUIREMENTS INCLUDED A. Provide required personnel, equipment, and materials, to construct project according to applicable codes. 1.03 APPLICATION CODES AND STANDARDS A. As a minimum standard of quality and workmanship, construction is to comply with the latest edition of the following codes and standards insofar as they are applicable (This list does not intend to be all inclusive): i. Dept. of Health, Commonwealth of VA. ii. American Society for Testing Materials (ASTM). iii. Virginia Department of Transportation (VDOT). iv. United States Army Corps of Engineers (USACE) . v. Virginia Department of Environmental Quality (DEQ). B. The above codes and standards are hereinafter referred to as the “Reference Specifications”. 1.04 LICENSES AND PERMITTING A. Prior to beginning construction, the Contractor and its Subcontractors shall obtain, pay for, and display all Town, County, State, and Federal licenses required by law and/or these Specifications for the operation of his business and obtain and pay for all permits required to complete the Work. PART 2 - PRODUCTS A. It shall be the responsibility of the Contractor to obtain all copies of the Reference Specifications as needed. The copies shall be obtained at no additional cost to the Owner. PART 3 - EXECUTION A. It shall be the responsibility of the Contractor to see that measures to assure compliance with applicable codes and standards are instituted throughout the project. B. Contractor shall be responsible for renewing permits that may lapse during construction.

END OF SECTION

01 41 00-1 SECTION 01 45 00 QUALITY CONTROL

PART 1 - GENERAL

1.01 REFERENCES A. Section 01 33 23 – Shop Drawings, Product Data, and Samples B. Section 01 45 23 – Special Inspection Services 1.02 REQUIREMENTS INCLUDED

A. The Contractor shall be responsible for all quality control testing and shall submit the required quality control reports to the Engineer with each Application for payment for all work covered by that Application. No Applications for Payment will be processed unless proper quality control reports are submitted with the application. B. Shop drawings shall be provided by contractor in accordance with Section 01 33 23 – Shop Drawings, Product Data and Samples.

1.03 INSPECTIONS AND TESTS

A. Inspections and Tests shall be performed in accordance with Section 01 45 23 – Special Inspection Services.

B. Where reference is made in the Specifications to independent designs, tests, inspections, etc., such services shall be furnished by a fully qualified independent testing laboratory or firm of inspection Engineers. All costs for providing such services shall be paid for by the Contractor, unless otherwise provided for in the Specifications.

C. All arrangements for the testing work shall be made by the Contractor. Whenever inclement weather does not provide suitable testing conditions, the Contractor shall be responsible for cancellation notice to the testing agency. Any costs incurred because of failure to provide adequate cancellation notice shall be borne by the Contractor.

D. Specified items that must meet certain tests, such as ASTM or ANSI specifications or tests, shall be accompanied by a certificate from the manufacturer stating that the supplied items meet such tests.

PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

NOT USED

END OF SECTION

01 45 00-1 SECTION 01 45 23 SPECIAL INSPECTION SERVICES PART 1 - GENERAL 1.01 RELATED DOCUMENTS:

A. Drawings and general provisions of the Contract, including General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. 1.02 SUMMARY:

A. This Section includes administrative and procedural requirements for Special Inspection services.

B. Certain structural and other components of the Project will be subject to the requirements for Special Inspections. Special Inspections will be applicable to the following specification sections: i. Section 31 00 00 - Earthwork ii. Section 03 30 01 - Cast-in-Place Concrete for Site Work iii. Section 32 10 00 - Bases, Ballasts and Pavements

C. The Owner will procure and bear all costs of the Special Inspector and Special Inspector's Testing Laboratory, except as otherwise noted. The Special Inspector will be the manager of the Special Inspections process. The Special Inspector checks the certification of all other inspecting agents required by Special Inspections and coordinates their activities. The Special Inspector carries the exclusive responsibility for assuring that the inspections indicated are performed. The Statement of Special Inspections will be required by the Building Official as a condition for building permit issuance.

D. Special Inspections are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Documents requirements. 1.03 RESPONSIBILITIES:

A. Contractor Responsibilities: Contractor shall provide and include in the Contract sum, inspections, tests, and other similar quality-control services specified elsewhere in the Contract Documents and required by authorities having jurisdiction except where they are specifically indicated to be the Owner's responsibility, or are provided by another identified entity. i. Retesting: The Contractor is responsible for retesting where results of inspections, tests, or other quality control services prove unsatisfactory and indicate noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. ii. The Contractor shall correct deficiencies in work that inspections and laboratory test reports have indicated to be not in compliance with requirements.

01 45 23 - 1 iii. The cost of retesting construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests performed on original construction indicated noncompliance with Contract Document requirements. iv. Associated Services: The Contractor shall cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not necessarily limited to, the following: v. Provide access to the Work. vi. Furnish incidental labor and facilities necessary to facilitate inspections and tests. vii. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. viii. Provide and maintain for the sole use of the Special Inspector or Special Inspectors adequate facilities for safe storage and proper curing of test samples on the Project site. ix. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. x. Provide security and protection of samples and test equipment at the Project site. xi. The Contractor shall designate a representative (the Superintendent or an assistant to the Superintendent) who shall be the direct point of contact with the Special Inspector during each phase of the work. Discrepancies noted during the progress of the work will be reported to the Contractor's representative for corrective action. Communications given by the Special Inspector to the Contractor's representative shall be as binding as if given to the Contractor.

B. Special Inspector Responsibilities: i. The Special Inspector shall conduct and interpret tests, state in each report whether test specimens comply with requirements, specifically state any deviations therefiom, and record work required and performed to correct deficiencies. ii. The Special Inspector will keep records of all inspections and tests which will be furnished to the Building Official, the Architect, and the Structural Engineer of Record. All discrepancies will be brought to the immediate attention of the Contractor for correction. If discrepancies are not corrected, the discrepancies will be brought to the attention of the Building Official and the Structural Engineer of Record. iii. A final report documenting completion of all required special inspections and corrections of any discrepancies noted will be submitted to the Building Official by the Special Inspector prior to, and as a condition of, issuance of the Certificate of Use and Occupancy. iv. The Special Inspector shall not perform any duties of the Contractor.

C. Special Inspections Testing Agent Responsibilities: i. The independent agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual sections of the specifications shall cooperate with the Architect and the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel to perform required inspections and tests. ii. The agency shall notify the Architect and the Contractor promptly of any irregularities or deficiencies observed in the work during performance of its services.

01 45 23 - 2 iii. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents or approve or accept any portion of the work. iv. The agency shall not perform any duties of the Contractor.

D. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate the required services with a minimum of delay. In addition, the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. i. The Contractor is responsible for scheduling times for inspections, tests, taking samples, and similar activities. 1.04 SUBMITTALS:

A. The Special Inspector or the independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to the Architect, unless the Contractor is responsible for this service. If the Contractor is responsible for the service, submit a certified, written report, in duplicate, of each inspection, test, or similar service through the Contractor. i. Submit additional copies of each written report directly to the governing authority, when the authority so directs. ii. Report Data: Written reports of each inspection, test, or similar service include, but are not necessarily limited to, the following: (a) Date of issue. (b) Project title and number. (c) Name, address and telephone number of testing agency. (d) Dates and locations of samples and tests or inspections. (e) Names of individuals making the inspection or test. (f) Designation of the work and test method. (g) Identification of product and specification section. (h) Complete inspection or test data. (i) Test results and an interpretation of test results. (j) Ambient conditions at the time of sample taking and testing. (k) Comments or professional opinion on whether inspected or tested work complies with Contract Document requirements. (l) Name and signature of laboratory inspector. iii. Recommendations on retesting. 1.05 QUALITY ASSURANCE:

A. Qualification for Special Inspector: The Special Inspector, if other than the Engineer of Record, shall be a registered Professional Engineer, licensed in the Commonwealth of Virginia, experienced in performing special inspections and shall be approved by the Architect.

B. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are prequalified as complying with the American Council of Independent Laboratories' "Recommended Requirements for Independent

01 45 23 - 3 Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. i. Each independent inspection and testing agency engaged on the project shall be authorized by authorities having jurisdiction to operate in the state where the project is located. ii. Each independent inspection and testing agency engaged on the project shall demonstrate that it has the experience and capability to conduct the required field and laboratory testing without delaying the progress of the work. PART 2 - PRODUCTS – NOT USED

PART 3 - EXECUTION 3.01 REPAIR AND PROTECTION:

A. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. END OF SECTION

01 45 23 - 4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 SECTION INCLUDES: A. Temporary facilities and controls for projects including sanitary facilities, storage shed, safety requirements, first aid, security measures, access roads and parking, disposal of trash, debris, and excavated material. 1.02 REFERENCES A. General: the work shall comply with the most recent standards or tentative standards as published at the date fo the contract and as listed in this specification using the abbreviation shown. B. Virginia Department of Transportation (VDOT), Road and Bridge Specifications C. Virginia Department of Transportation (VDOT), Road and Bridge Standards D. Virginia Department of Transportation (VDOT), Work Zone Protection Manual E. Virginia Overhead High Voltage Lines Safety Act

1.03 PROTECTION A. Work and Property: i. Protect private and public property from damage by taking precautions ahead of time. B. Do not interfere with use of or access to adjacent buildings. C. Protect trees, shrubs and lawns, areas to receive planting, rock outcropping, and other features remaining as part of final landscaping. D. Protect bench marks and existing structures, property corners, roads, sidewalks, paving, and curbs against damage from equipment and vehicular or foot traffic. E. Cease operations and notify Engineer immediately if safety of adjacent structure(s) appears to be endangered. Do not resume operations until safety is restored. F. Prevent movement, settlement or collapse of adjacent services, structures, trees, and etc. Assume liability for such movement, settlement or collapse. Promptly repair damage at no cost to the Owner. G. Provide, erect and maintain street boardings, sidewalk sheds, barricades, lighting and/or guard rails as required to protect general public, workers, and adjoining property. H. Protect excavations by shoring, bracing, sheet piling, underpinning, or other methods, as required to prevent cave-ins or loose dirt from falling into excavations. I. Notify Engineer of unexpected sub-surface conditions and discontinue work in area until Engineer provides notification to resume work. J. Protect bottom of excavations and soil around and beneath foundations from frost. K. Insure all required environmental protection devices and procedures are in place, properly maintained, and operational. L. Prevent damage to existing utilities during construction 1.04 SAFETY A. Conduct operations with applicable Federal, State, and local safety codes and statutes and with good construction practice. Establish and maintain procedures for safety of all work, personnel, and equipment including, but not limited to the references outlined in part 1.02 above. B. Maintain required coordination with local police and fire departments during entire contract length.

01 50 00 - 1 C. First aid Equipment: i. Provide first aid kit throughout construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. ii. Have at least one person trained in first aid and CPR procedures present on site whenever work is in progress. 1.05 SECURITY A. Protect all work materials, equipment, and property from loss theft, damage, and vandalism. Contractor has the duty to protect property of owner used in connection with performance of the contract. B. If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing.

1.06 TEMPORARY FIELD OFFICE

A. Contractor shall provide and maintain a temporary field office at the project for his own use and the use of representatives of the Owner and the Engineer if called for on the construction drawings. i. The office shall be provided with adequate, heat electric lighting, toilet and lavatory, telephone with answering machine (or voice mail), file racks for storage of drawings, counter top for use in review of drawings, and any additional facilities required by the Owner and Engineer for job meetings. The Contractor shall be responsible for telephone hookup and cost and service. ii. The temporary field office shall be located in a place approved by the Owner or Engineer.

1.07 TRAFFIC CONTROL A. Traffic Control shall be in accordance with Section 01 55 26 – Traffic Control.

PART 2 - PRODUCTS - NOT USED

PART 3 - EXECUTION - NOT USED

END OF SECTION

01 50 00 - 2 SECTION 01 55 26 TRAFFIC CONTROL

PART 1 - GENERAL

1.01 REFERENCES

A. VDOT Road and Bridge Specifications, Latest Edition Section – Division VII

B. FHWA, Manual on Uniform Traffic Control Devices, Latest Edition

1.02 DESCRIPTION A. Roads and streets in the Project area shall be kept open to all traffic by the Contractor in such condition that both local and through traffic will be adequately and safely accommodated. All construction operations shall be scheduled to keep traffic delays to a minimum.

B. Contractor shall follow Virginia Department of Transportation Standards & Specifications, and the Virginia Work Area Protection Manual, latest edition.

1.03 REQUIREMENTS INCLUDED A. Contractor is required to obtain an approved Maintenance of Traffic plan in accordance with VDOT regulations PRIOR to beginning work within the right-of-way. The Contractor shall bear the cost of obtaining an approved M.O.T. Plan and shall include the cost of this process in the bid amount.

B. This work shall cover all of the measures necessary to maintain and to protect traffic, to protect the work in progress, and to project adjacent property from excessive dust generated by public traffic and Contractor’s construction equipment on the public travel lane. The Work shall include labor, materials, and equipment necessary to keep the traveled road smooth; the construction of temporary structures when required; the furnishing and applying of aggregate and dust palliatives; the furnishing and maintenance of signs, auxiliary barriers, channelizing devices, hazard warning lights, barricades, flares, and reflective markers and their prompt removal when the hazard is eliminated; the furnishing of pilot trucks and drivers when needed; and the furnishing of flagmen.

C. All flagmen shall be furnished by the Contractor, and all flagging shall be his responsibility. Flagmen shall be provided at the ends of projects where one-way traffic is required, at limits of one-way traffic lanes, at locations where project construction equipment is required to cross public roads, and at any other locations necessary. O.S.H.A. approved hand signaling devices, orange caps and vest shall be furnished by the Contractor for the use by personnel assigned to traffic control responsibilities. All flagmen shall be certified in accordance with the Virginia Work Area Protection Manual, latest edition.

D. Warning devices, such as signs, auxiliary barriers, channelizing devices, hazard warning lights, barricades, flares, and reflective markers, shall be furnished, erected, and maintained by the Contractor for the protection and guidance of traffic. Devices shall be provided, erected, and

01 55 26 - 1 maintained at the ends of the project, on roads intersecting the project. All devices shall be in place before work begins, be correctly maintained while in use, and be removed as soon as they are no longer necessary. If the devices do not apply to existing conditions during an intermediate period, they shall be removed or the face completely covered with an opaque weatherproof hood. All devices shall be removed as often as necessary to properly delineate the construction area.

E. If actual field conditions are not illustrated in the Plans, engineering judgment and discretion shall be exercised to select devices that will be adaptable, but the general policies herein prescribed shall be adhered to. Final responsibility for the installation of adequate safety devices for the protection of the traveling public and workmen, as well as for the safeguard of the work in general, shall rest with the Contractor.

1.04 PARKING A. Contractor shall designate a temporary parking area to accommodate construction. When site space is not adequate, provide additional off-site parking. Locate as approved by Owner. B. Contractor shall prevent interference with normal traffic patterns and avoid minimize use of existing roads and driveways by construction traffic. C. Contractor shall not allow heavy equipment or vehicles in existing parking areas. If existing pavement areas are damaged as a result of construction traffic, contractor shall repair in accordance with Section 32 20 00 – Site Restoration.

PART 2 - MATERIALS 2.01 SIGNS, WARNING DEVICES, WARNING LIGHTS A. All traffic control materials shall be in accordance with MUTCD, Latest Edition – Section 7 – Temporary Traffic Control Devices.

PART 3 - EXECUTION

NOT USED

END OF SECTION

01 55 26 - 2 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL

1.01 REFERENCES

A. General: All work performed under this specification shall comply with the references listed below, local ordinance, and any special provisions outlined in the Contract Documents.

B. Virginia Department of Transportation, Road and Bridge Specifications, Latest Edition:

i. 106: Control of Material ii. 107: Legal Responsibilities C. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 70 00 – Contract Closeout

1.02 SUMMARY

A. Provide storage and protection for all products scheduled for use in the Work.

1.03 GENERAL REQUIREMENTS

A. This Section shall be performed in accordance with the General Conditions, Supplementary Conditions and all Sections in Division 1 of these Specifications. These documents must be read with the other Contract Documents and Sections as a whole to complete the intent of the contract.

1.04 DELIVERY & STORAGE

A. Equipment and materials shall be delivered to the site and stored in accordance with the manufacturer's directions, in original containers, suitably sheltered from the elements, but readily accessible for inspection by the Engineer/Architect until installed. All items subject to moisture or temperature damage shall be stored in dry spaces heated as necessary to maintain safe minimum temperature.

B. Except for limited quantities of materials as required for each day's work, roofing materials shall not be stored on the roof.

C. Equipment of the same general type shall be of the same make and style throughout the work to provide uniform appearance, operation and maintenance.

D. Keep all construction materials subject to moisture damage under cover and dry. Protect against exposure to weather and contact with damp or wet surfaces. Stack lumber, plywood,

01 66 00 - 1 sheet rock and other panels; provide for air circulation within and around stacks and under temporary coverings.

E. Contractor shall provide Owner and Engineer with a list of hazardous materials at least 48 hours before bringing those materials on the site.

1.05 EQUIPMENT AND MATERIAL TO BE DELIVERED TO THE OWNER

A. Equipment and material required to be delivered to the Owner shall be provided in substantial identified containers suitable for storage. Turn equipment over to the Owner at the project site unless other locations are directed or specified.

B. The Contractor shall obtain signed receipts from the Owner for all such equipment and materials and shall submit copies of the receipts to the Engineer/Architect prior to Substantial Completion of the project as called for under Section 01 70 00 – Contract Closeout.

1.06 PACKAGING

A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. Maintain packaged materials with seals unbroken and labels intact until time of use.

B. Promptly remove damaged material and unsuitable items from the job site. Promptly replace with material meeting the specified requirements, at no additional cost to the Owner.

C. The Owner Representative may reject as non-complying such material and products that do not bear identification satisfactory to the Owner Representative as to manufacturer, grade, quality and other pertinent information.

1.07 PROTECTION

A. Protect finished surfaces, including jambs and soffits of openings used as passageways, through which equipment and materials are handled.

B. Provide protection for finished floor surfaces in traffic areas prior to allowing equipment or materials to be moved over such surfaces.

C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner.

D. Equipment and material shall be tightly covered and protected against dirt, water, chemical and mechanical injury, theft and vandalism.

1.08 REPAIRS AND REPLACEMENTS

01 66 00 - 2 A. In event of damage, promptly make replacements and repairs to the approval of the Owner Representative and at no additional cost to the Owner.

B. Additional time required to secure replacements and to make repairs will not be considered by the Owner Representative to justify an extension in the Contract Time of Completion.

END OF SECTION

01 66 00 - 3 SECTION 01 70 00 CONTRACT CLOSEOUT PART 1 - GENERAL

1.01 DESCRIPTION:

A. Provide an orderly and efficient transfer of the completed work to the Owner. 1.02 RELATED WORK

Documents affecting work of this Section include, but are not necessarily limited to, A. General Conditions, Supplementary General Conditions, Sections in Division 1,22,23 and 26 of these specifications. B. Activities relative to Contract Closeout are described in, but not necessarily limited to, Article 14 of the General Conditions. C. "Substantial Completion" is defined in Paragraphs 14.04 of the General Conditions. 1.03 QUALITY ASSURANCE:

A. Prior to requesting inspection by the Engineer, use adequate means to assure that the work is completed in accordance with the specified requirements and is ready for the requested inspection.

PART 2 - DOCUMENTATION

2.01 RECORDS AND MANUALS REQUIRED FOR SUBSTANTIAL COMPLETION:

A. Record of Underground and Concealed Work: Prior to Substantial Completion, the Contractor shall prepare marked prints showing the installed locations and sizes of all underground or concealed portions of the work that are different from those shown on the Contract Drawings. These drawings shall be the set kept at the project site in compliance with the General Conditions and shall also show any other changes made to the project during construction. These drawings shall be submitted to the Owner for record purposes upon project completion. B. Owner's Manuals: Prior to Substantial Completion, the Contractor shall submit operation and maintenance manuals to the Engineer for review and transmittal to the Owner. i. Two copies of manuals shall be prepared for each of the following systems or items of equipment: (a) Electrical Equipment ii. Manuals shall be hardback, looseleaf, ring-type binders containing the following information: (a) Cover (b) General project identification and contents of manual inscribed on front

01 70 00 - 1 (b) Index listing the following: (i) Products alphabetically by name, name of manufacturer and name and address of local sales and service representative.

C. One copy of latest approved shop drawings, product data and operating and maintenance instructions for each item of equipment, and materials for which shop drawings were required. D. Operating instructions shall explain maintenance procedures, methods of checking the systems for safe and normal operation, and the recommended procedure for safely stopping and starting the equipment and/or systems. E. These requirements shall be fulfilled before any guarantee periods become effective so as to limit the possibility of claims arising from the absence of pertinent information.

2.02 INSTRUCTIONS TO OWNER:

A. Contractor shall instruct the Owner or his authorized representative in the proper operation and maintenance of all elements of the project systems as listed on the enclosed forms or as specified.

PART 3 - PROCEDURES

3.01 SUBSTANTIAL COMPLETION:

A. Within a reasonable time after receipt from the Contractor of the list required by the first sentence of Paragraph 9.8.2 of the General Conditions, the Engineer will determine status of completion. B. Should the Engineer determine that the work is not substantially complete: i. The Owner will promptly so notify the Contractor, in writing, giving the reasons therefore. ii. Contractor shall promptly remedy the deficiencies and notify the Owner when ready for inspection. iii. The cost of re-inspection for Substantial Completion will be borne by the Contractor. Any necessary adjustments will be made by a credit to the Contract price. C. When the Engineer concurs that the work is substantially complete: i. The Contractor shall forward a completed "Release and Waiver of Claims" and "Consent of Surety to Partial Release of Retainage" to the Engineer prior to the Engineer's preparation of the "Certificate of Substantial Completion" and the list of items to be completed or corrected by the Contractor. ii. The Engineer will submit the Certificate to the Owner and to the Contractor for their written acceptance of the responsibilities assigned to them in the Certificate.

01 70 00 - 2 D. Upon Substantial Completion, the Contractor shall obtain a temporary Certificate of Occupancy or other permission from the inspecting authority for the Owner to begin moving in his equipment and furnishings. E. Retainage to be withheld after Substantial Completion until final completion will be one half (2.5%) of the full amount of the retainage until performance reports are approved and, subsequently, an amount equal to two (2) times the value of work remaining to be completed as determined by the Engineer until final completion.

3.02 FINAL COMPLETION:

A. Prepare and submit to the Engineer the notice required by the General Conditions. B. Verify that the work is complete including, but not necessarily limited to, the items mentioned in the General Conditions, and the items identified on the punch list generated in the Substantial Completion approval. C. Certify that: i. Contract Documents have been reviewed. ii. Work has been inspected for compliance with the Contract Documents. iii. Work has been completed in accordance with the Contract Documents. iv. Equipment and systems have been tested as required, and are operational. v. Work is completed and ready for final inspection. D. Should the Engineer determine that the work is incomplete or defective: i. The Engineer will promptly so notify the Contractor, in writing, listing the incomplete or defective work. ii. Contractor shall remedy the deficiencies promptly, and notify the Engineer when ready for inspection. E. When the Engineer determines that the work is acceptable under the Contract Documents, he will request the Contractor to make closeout submittals. F. The Contractor shall reimburse the Owner for all trips to the project site by the Architect after Substantial Completion in excess of one (1) trip if such excess trips are necessitated due to the project's remaining incomplete. Any necessary adjustments will be made by a credit to the Contract price. G. In addition to the above, if the project remains incomplete for more than thirty (30) calendar days beyond the Final Completion date as stated in the Contract, or any extension thereof granted by Change Order, the Contractor shall reimburse the Owner for all time spent on the project by the Engineer due to the project's remaining incomplete beyond the stated Contractual time. Any necessary adjustments will be made by a credit to the Contract price.

3.03 CLOSEOUT SUBMITTALS:

A. Executed copies of all Guarantees, Warranties and Bonds called for in these Specifications dated on and effective from the date of Substantial Completion of the project.

01 70 00 - 3 B. Obtain signature of Owner or his authorized representative on an exact duplicate of "Owner's Receipt of Equipment and Materials Specified to be Furnished Directly to the Owner" bound at the end of this specification section and submit two copies of this form to the Architect. C. Evidence of compliance with requirements of governmental agencies having jurisdiction including, but not necessarily limited to: i. Certificates of Inspection. ii. Certificates of Occupancy, if applicable. D. Certificates of Insurance for products and completed operations. E. Evidence of payment and release of liens. F. Consent of Surety to Final Payment. G. Record drawings called for in 2.01, above, showing all changes made to the project during construction. H. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays if deemed necessary by the Owner or Engineer.

3.04 FINAL, ADJUSTMENT OF ACCOUNTS:

A. Submit a final statement of accounting to the Engineer, showing all adjustments to the Contract Sum as authorized by the Engineer in written Change Orders and including all unused allowance amounts. B. If so required, the Engineer will prepare a final Change Order showing adjustments to the Contract Sum which were not made previously by Change Orders.

END OF SECTION

01 70 00 - 4 SECTION 01 74 00 CLEANING PART 1 - GENERAL

1.01 REFERENCES:

A. Generally, work shall conform to the requirements outlined in the following references:

i. Virginia Department of Transportation, Road and Bridge Specifications, Latest Edition

(a) Section 105.14 – Maintenance During Construction (b) Section 105.16 – Cleanup

1.02 DESCRIPTION:

A. Throughout construction period, maintain the building and site in a standard of cleanliness described herein.

1.03 QUALITY ASSURANCE:

A. Work within the Right-of-way shall adhere to requirements outlined in VDOT Road and Bridge Specifications, Latest Edition. B. Conduct daily inspections to verify that requirements for cleanliness as herein described and as required by law are being met. C. Maintain project in accordance with all applicable federal, state and local codes and ordinances and in accordance with any applicable insurance company regulations and standards. D. Store volatile waste materials in covered metal containers away from open flame or other sources of heat and remove from premises daily. E. Conduct clean up and disposal operations to comply with local ordinances and antipollution laws. F. Neither burning nor burying of rubbish and/or waste materials on the project site will be permitted. G. Disposal of petroleum products or volatile fluid waste (such as mineral spirits, oil or paint thinner) in storm or sanitary sewer systems, on the ground or into streams or waterways is not permitted. H. Use of Owner's refuse containers will not be permitted. I. All cleaners used shall contain no more content of VOC's than permitted by current federal, state and local laws and regulations.

01 74 00 - 1 PART 2 - PRODUCTS

2.01 CLEANING MATERIALS:

A. Use only cleaning materials which are recommended for the purpose by the manufacturer of the surface to be cleaned. B. Use cleaning materials only as recommended by the respective cleaning material manufacturers.

PART 3 - EXECUTION

3.01 DURING CONSTRUCTION:

A. Oversee cleaning and ensure that sidewalks are maintained free from accumulations of waste materials and rubbish. Do not allow same to accumulate and become an unsightly or hazardous condition. B. Retain stored items in an orderly arrangement, allowing maximum access, not impeding traffic or drainage, and providing required protection of materials. C. Provide sufficient quantities of waste containers on the site for collection of waste material, rubbish and debris. D. Remove waste materials, rubbish and debris from the site and legally dispose of at public or private dumping areas off the Owner's property. E. Prior to final completion, thoroughly remove from premises any debris remaining from construction activities and properly dispose of debris. Leave premises in a clean, neat, orderly, and safe condition.

END OF SECTION

01 74 00 - 2

SECTION 02 41 00 SITE DEMOLITION PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: Provide labor, equipment, and materials to perform demolition as shown on the Drawings including:

i. Demolition and removal of selected site elements. ii. Repair procedures for selective demolition operations.

B. Related Sections: Additional Sections of the Documents which are referenced in this Section Include:

i. Section 01 33 00 – Submittal Procedures ii. Section 31 10 00 – Site Clearing iii. Section 32 20 00 – Site Restoration

1.02 REFERENCES

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the Contract and as listed in the Specification using abbreviations shown. B. American National Standards Institute (ANSI):

i. A10.6: Safety Requirements for Demolition Operations

C. National Fire Prevention Association (NFPA):

i. 241: Standard for Safeguarding Construction, Alteration, and Demolition Operations

D. Virginia Department of Transportation, Road and Bridge Specifications E. Virginia Department of Transportation, Work Area Protection Manual F. Overhead High Voltage Lines Safety Act in Code of Virginia 59.1-406 ET SEQ.

1.03 DEFINITIONS

A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Salvage: Detach items from existing construction and deliver them to Owner. C. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and reinstall them where indicated. D. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.

02 41 00 - 1

1.04 MATERIALS OWNERSHIP

A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner’s property, demolished materials shall become Contractor’s property upon issuance of the Notice to Proceed and shall be removed from Project Site. B. Salvaged Items: Historic items, relics, and similar objects including, but not limited to, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered during demolition remain Owner’s property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to Owner. Coordinate with Owner, who will establish special procedures for removal and salvage.

1.05 SUBMITTALS

A. General: Shall be in accordance with Section 01 33 00 – Submittal Procedures. B. Demolition Plan: Provide a plan outlining the general procedures and sequence to be used in performing demolition. Plan shall include traffic control needs and timing, as well as procedures for environmental and public protection. Plan shall also indicate disposal sites for demolition materials. C. Hazardous Material Records: If disposal of hazardous materials is required, provide signed manifests from a licensed hauler documenting delivery to a licensed disposal site. Provide a receipt indicating acceptance of materials by a facility licensed to accept hazardous materials.

1.06 QUALITY ASSURANCE

A. Demolition Firm Qualifications: Document that firm has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. D. Pre-demolition Conference: Conduct conference at Project site to review methods and procedures related to selective demolition including, but not limited to, the following:

i. Inspect and discuss condition of construction to be selectively demolished. ii. Review structural load limitations of existing structure. iii. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. iv. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. v. Review coordination and timing of the Owner’s staged evacuation and partial continued use of the building during demolition and construction operations, if applicable.

02 41 00 - 2

1.07 PROJECT CONDITIONS

A. Coordination: Owner will occupy buildings immediately adjacent to selective demolition area. Conduct selective demolition so Owner’s operations will not be disrupted. Provide not less than 72 hours’ written notice to Owner of activities that will affect their operations. B. Access: Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.

i. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from authorities having jurisdiction.

C. Existing Conditions: Owner assumes no responsibility for condition of areas to be selectively demolished.

i. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

D. Hazardous Materials: Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.

i. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract

E. Removed Items: Storage or sale of removed items or materials on-site will not be permitted.

PART 2 - PRODUCTS

A. NOT USED

PART 3 - EXECUTION

3.01 EXAMINATION

A. Verify that utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities.

3.02 CLEARING AND GRUBBING

A. Generally, Site Clearing is one of the first phases of demolition to occur onsite. Perform in accordance with Section 31 10 00 – Site Clearing where necessary. Contractor shall ensure that primary erosion and sediment control measures are installed properly before beginning Site Clearing.

02 41 00 - 3

3.03 UTILITY SERVICES

A. Existing Utilities: Maintain services indicated to remain and protect them against damage during selective demolition operations. B. Do not interrupt existing utilities serving occupied or operating facilities unless authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to authorities having jurisdiction.

i. Provide at least 72 hours written notice to Owner if shutdown of service is required during changeover.

C. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utilities serving areas to be selectively demolished.

i. Owner will arrange to shut off indicated public utilities when requested by Contractor. ii. If utility services are required to be removed, relocated, or abandoned, before proceeding with selective demolition, provide temporary utilities that bypass area of selective demolition and that maintain continuity of service to adjacent buildings. iii. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing. Do not start selective demolition work until utility disconnecting and sealing have been completed and verified in writing.

3.04 PREPARATION

A. Dangerous Materials: Drain, purge, or otherwise remove, collect, and dispose of chemicals, gases, acids, flammables, or other dangerous materials before proceeding with selective demolitions operations. 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.

i. Do not close or obstruct streets, walks, walkways, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by the Owner or governing regulations. ii. Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by the Owner or authorities having jurisdiction. iii. Protect existing site improvements, appurtenance, and landscaping to remain.

C. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

i. Provide protection to ensure safe passage of people around demolition area.

02 41 00 - 4

3.05 POLLUTION CONTROLS

A. Dust Control: Use water mist, temporary enclosures, and other suitable methods to limit spread of dust and dirt. Comply with governing environmental-protection regulations.

i. Do not use water when it may damage existing construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution.

B. Disposal: Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

i. Street must be swept clean at the end of each day. Any unsafe materials on the street must be removed immediately.

C. Cleaning: Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.

3.06 SELECTIVE DEMOLITION

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:

i. Proceed with selective demolition systematically, and in accord with the approved demolition plan. ii. 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 fire watch and portable fire-suppression devices during flame-cutting operations. iii. Maintain adequate ventilation when using cutting torches. iv. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. v. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. vi. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. vii. Dispose of demolished items and materials promptly. viii. Return elements of construction and surfaces that are to remain to condition existing before selective demolition operations began.

B. 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.

02 41 00 - 5

C. Concrete and Pavement:

i. Where selective demolition is required, demolish in sections. Cut concrete full depth at junctures with construction to remain and at regular intervals, using power-driven saw, then remove concrete between saw cuts. ii. Remove pavements and structures by methods that will not damage underground utilities. Do not use drop hammer near existing underground utilities. iii. Minimize amount of earth loaded during removal operations. iv. Where existing pavement is to remain, make straight saw cuts in existing pavement to provide clean breaks prior to removal. Do not break concrete pavement or base with drop hammer unless concrete or base has been saw cut to minimum depth of 2 inches. v. When street and driveway saw cut location is greater than one-half of pavement lane width, remove pavement for full lane width or to nearest longitudinal joint as directed by Engineer. vi. Remove sidewalks and curbs to nearest existing dummy, expansion, or construction joint. vii. Pavement directly in front of driveways and sidewalks shall not be removed more than 72-hours prior to installation of water line or other utilities, unless otherwise approved by Engineer.

D. Masonry: Where selective demolition is required, demolish in small sections. Cut masonry at junctures with construction to remain, using power-driven saw, then remove masonry between saw cuts. E. Concrete Slabs-On-Grade: Excluding basement slabs-on-grade, saw-cut perimeter of area to be demolished and then break up and remove.

3.07 BLASTING

A. General: The use of explosives will not be permitted.

3.08 PATCHING AND REPAIRS

A. General: Promptly repair damage to adjacent construction caused by selective demolition operations. Replace adjacent areas to existing conditions or better as documented in preconstruction photographs and according to Section 32 20 00 – Site Restoration. B. Excavations: Upon removal of debris, promptly fill all excavations to prevent the accumulation of water.

3.09 DISPOSAL OF DEMOLISHED MATERIALS

A. General: Rubbish and debris shall be removed from the site daily unless otherwise directed. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner’s property and legally dispose of them.

END OF SECTION

02 41 00 - 6 SECTION 03 30 01 CAST-IN-PLACE CONCRETE FOR SITEWORK PART 1 - GENERAL

1.1 DESCRIPTION:

A. Work Included: Provide cast-in-place concrete, including formwork and reinforcement and finishes, where shown on the Plans, as specified herein, and as needed for a complete and proper installation. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 33 00 - Submittal Procedures ii. Section 01 66 00 – Product Delivery, Storage, and Handling Requirements iii. Section 32 10 00 - Bases, Ballasts, and Pavements iv. Section 33 03 00 - Utility Piping and Materials

1.2 REFERENCES:

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. American National Standards Institute (ANSI)/American Concrete Institute (ACI):

i. 301: Specifications for Structural Concrete ii. 303R: Guide to Cast-in-Place Architectural Concrete Practice iii. 304.2R: Placing Concrete by Pumping Methods iv. 306R: Cold Weather Concreting v. 315: Details and Detailing of Concrete Reinforcement vi. 318: Building Code Requirements for Structural Concrete and Commentary vii. 347R: Guide to Formwork for Concrete viii. 350R: Environmental Engineering Concrete Structures

C. American Society for Testing and Materials (ASTM):

i. A185: Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete ii. A615: Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement iii. C29: Standard Test Method for Bulk Density (“Unit Weight”) and Voids in Aggregate iv. C31/31M: Standard Practice for Making and Curing Concrete Test Specimens in the Field v. C33: Specification for Concrete Aggregates vi. C39/39M: Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens vii. C94: Standard Specification for Ready-Mixed Concrete viii. C143/143M: Standard Test Method for Slump of Hydraulic Cement Concrete ix. C150: Standard Specification for Portland Cement x. C172: Standard Practice for Sampling Freshly Mixed Concrete xi. C173/173M: Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method xii. C231: Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method

03 30 01 - 1 xiii. C260: Standard Specification for Air-Entraining Admixtures for Concrete xiv. C494: Standard Specification for Chemical Admixtures for Concrete xv. C1064/1064M: Standard Test Method for Temperature of Freshly Mixed Portland Cement Concrete xvi. D448: Standard Classification for Sizes of Aggregate for Road and Bridge Construction xvii. D1751: Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types)

D. Concrete Reinforcing Steel Institute (CRSI):

i. MSP-2-01: Manual of Standard Practices

E. Virginia Department of Transportation Road and Bridge Specifications (VDOT):

i. 217: Hydraulic Cement Concrete

1.3 SUBMITTALS:

A. General: Shall be in accordance with Section 01 3300 – Submittal Procedures. B. Mix Designs:

i. Within 30 calendar days after award of the Contract, and prior to proceeding with any concrete work, Contractor shall secure concrete mix designs from the concrete supplier, and submit to the Engineer for review and approval. ii. Distribute approved mix designs to testing laboratory, batch plant, job site, and governmental agencies having jurisdiction.

1.4 QUALITY ASSURANCES:

A. Contractor Responsibilities:

i. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. ii. Provide access for, and cooperate with, the Owner’s representative and Owner’s testing laboratory. iii. Do not commence placement of concrete until mix designs has been reviewed and approved by the Engineer and all governmental agencies having jurisdiction, and until copies of the approved mix designs are at the job site and the batch plant.

B. Batch Tickets: Batch tickets shall be provided for each truck of concrete delivered to the job site. Tickets shall include the following information:

i. Quantity of batch ii. Time the cement was injected into the mix iii. Batch number iv. Water withheld at the plant (if any) v. Admixtures and quantities of admixtures injected at plant vi. Drivers name vii. Time of truck’s departure from the plant

03 30 01 - 2 C. Batch Ticket Log: A log of all batch tickets shall be kept by the testing agency and provided to the Owner’s Representative following each concrete pour. Results of field testing shall also be recorded on the Log including:

i. Time of truck’s arrival at the job site ii. Time of discharge of contents at job site iii. Concrete temperature iv. Air content v. Slump vi. Type and quantity of all additives added at job site

1.5 DELIVERY, STORAGE, AND HANDLING:

A. General: Material shall be delivered and stored so as to minimize the potential for damage to the material. The Contractor shall take special care to protect pipe from the elements as directed by the manufacturer. Material shall be in accordance with Section 01 6600 – Product Delivery, Storage, and Handling Requirements.

PART 2 - PRODUCTS

2.1 FORMS:

A. General: Reference Section 32 10 00 - Bases, Ballasts, and Pavements for sidewalk, curbing, curb and gutter, and concrete paving formwork requirements.

2.2 REINFORCEMENT:

A. General: Reinforcement materials and installation shall conform to the applicable sections of the latest version or revision of ACI 301, except as modified by the Supplemental Requirements listed below. B. Strength: Reinforcement shall be of the size shown on the plans with all bars being billet steel. Welded wire fabric gauge and mesh size and FiberMesh 300 shall be as shown on the plans. C. Spacing: The clear distance between parallel bars shall not be less than the nominal diameter of the bars, 1-1/3 times the maximum size of the coarse aggregate, not 1 inch. All main reinforcement shall be spaced not less than 2 inches from any concrete surface unless authorized or indicated on the plans. Clearance between ground and rebar shall be a minimum of 3 inches. For stirrups, spacer rods and similar secondary reinforcement, this clearance may be reduced by the diameter of such rods. D. Splicing: Where splicing of bars is necessary, the minimum length of the splice shall be 30 diameters of the largest bar, unless shown to be otherwise on plans. E. Hooks and Bends: When a hook is indicated on the plans, it shall mean either a 180 degree turn plus an extension of at least 4 bar diameters, or a 90 degree turn plus an extension of at least 6 bar diameters. F. Quality Assurance: Comply with the following as minimums:

i. Bars: ASTM A615, grade 60 unless otherwise shown on the plans using deformed bars for number 3 and larger. ii. Welded wire fabric: ASTM A185. iii. Bending of rebar shall be in accordance with ACI 318.

03 30 01 - 3 iv. Supports for reinforcement: Supports for reinforcing bars and welded wire fabric shall comply with CRSI recommendations, including bolsters, chairs and spacers. Wire bar supports shall be rust protected in accordance with CRSI Class 2. Under no circumstances will rebar or other metal pins driven into the ground to support reinforcing steel be allowed. v. Fabricate reinforcement to the required shapes and dimensions, within fabrication tolerances stated in the CRSI "Manual of Standard Practices" and ACI 315. vi. Reinforcement: Do not use reinforcement having any of the following defects:

(i) Bar lengths, depths, or bends exceeding the specified fabricating tolerances. (ii) Bends or kinks not indicated on the plans or required for this work. (iii) Bars with cross-section reduced due to excessive rust or other causes.

vii. Contractor shall fabricate reinforcement to the required shapes and dimensions, within fabrication tolerances stated in the CRSI “Manual of Standard Practices”.

2.3 CONCRETE:

A. General: Concrete work shall conform to all requirements of ACI 301 and ACI 350R, except as modified by supplemental requirements below. B. Strength: Concrete shall have a minimum allowable compressive strength of 4000 psi at 28 days (ACI 301, 3.2). C. Admixtures: Admixtures may be used to enhance concrete handling, workability and strength characteristics if approved by the Engineer prior to use, and meet the requirements of ACI 301, 2.2. The Engineer shall be notified of any admixtures proposed for use at least two weeks prior to placement of concrete.

i. Provide admixtures that contain not more than 0.1 percent chloride ions. ii. Use air-entraining admixture per ASTM C260 in exterior exposed concrete, providing not less than 4.5 percent and not more than 7 percent entrained air for concrete exposed to freezing and thawing. iii. Use water-reducing, accelerating, and retarding admixtures per ASTM C494 that have been tested and accepted in mix designs in strict compliance with manufacturer’s directions.

D. Watertight Concrete: All concrete used in the construction of this project shall be considered as watertight concrete with water-cement ratios and other parameters not exceeding those specified for watertight concrete (ACI 301, 3.4.2) unless indicated to be otherwise on the plans. E. Materials and Testing: Contractor shall comply with the following as minimums:

i. Portland cement: 4,000 psi ASTM C150, Type I or II. Low alkali cement shall be used where aggregates are alkali reactive. ii. Aggregate, shall meet requirements of ASTM C33 and be uniformly graded and clean. Aggregate shall be tested in accordance with ASTM C29. Do not use aggregate known to cause excessive shrinkage. iii. Aggregate, coarse: Crushed rock or washed gravel with minimum size between 3/4 inch and 1- 1/2 inch, and with a maximum size Number 4. iv. Aggregate, fine: Natural washed sand of hard and durable particles varying from fine to particles passing a 3/8 inch screen, of which at least 12 percent shall pass a 50 mesh screen. v. Provide concrete with compressive strengths shown on the plans. When such strengths are not shown on the plans, provide the following as minimums: (a) Concrete footings 3000 psi

03 30 01 - 4 (b) Watertight Structures 4000 psi (c) Sidewalks 3000 psi

vi. Slump Limits: Design mixes shall result in concrete slump at point of placement of not less than 2 inches and not more than 4 inches. If the approved mix design includes the use of admixtures which affect slump, slump at point of placement shall comply with mix design.

PART 3 - EXECUTION

3.1 SURFACE CONDITIONING:

A. Contractor's Responsibility: Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected.

3.2 SUBBASE:

A. General: Reference plan details for stone base requirements.

3.3 REINFORCING:

A. Installation: Comply with the following, as well as the specified standards, for details and methods of reinforcing placement and supports.

i. Clean reinforcement and remove loose dust and mill scale, earth, and other materials which reduce bond or destroy bond with concrete. ii. Position, support, and secure reinforcement against displacement by forms, construction, and the concrete placement operations. iii. Place reinforcement to obtain the required coverage for concrete protection as specified by ACI 301. iv. Install welded wire fabric in as long lengths as practicable, lapping adjoining pieces one full mesh minimum. v. Dowels shall match reinforcement with which they lap unless noted. vi. Unless otherwise shown on the plans, or required by governmental agencies having jurisdiction, or mechanical lap type splices are used, overlap bars per paragraph 2.2.4 (splicing) of this specification. Mechanical lap devices shall be approved by the Engineer prior to use. vii. Do not field bend reinforcement without written permission of the Engineer. In no case may bars be heated to facilitate bending. viii. Welding, oxy-acetylene torch cutting, or the application of heat to reinforcing steel, anchor bolts, or any metal object embedded in concrete is strictly forbidden unless approved in writing by the Engineer.

03 30 01 - 5 3.4 MIXING CONCRETE:

A. Requirements:

i. Transit-mix the concrete in accordance with provisions of ASTM C94. ii. Mixing Water:

(a) A maximum of 2-1/2 gallons of water per cubic yard of concrete, may be withheld at the batch plant. (b) Upon arrival at the job site, add all or part of the withheld water (as required for proper slump) before the concrete is discharged from the mixer. (c) Mix not less than five minutes after the withheld water has been added, and not less than one minute of that time immediately prior to discharge of the batch. (d) Unless otherwise directed, provide at least 15 minutes total mixing time per batch after first addition of water.

iii. Do not use concrete that has stood for over 30 minutes after leaving the mixer, or concrete that is not placed within 60 minutes after water is first introduced into the mix. Plasticizers or other admixtures shall not be used unless prior approval from the Engineer has been obtained. Maximum time between introduction of cement to mixture and discharge shall be in accordance with VDOT 217.

3.5 PLACING CONCRETE:

A. Preparation:

i. Remove foreign matter accumulated in the forms. ii. Rigidly close openings left in the formwork. iii. Wet wood forms sufficiently to tighten up cracks. Wet other material sufficiently to maintain workability of the concrete. iv. Use only clean tools.

B. Conveying:

i. Perform concrete placing at such a rate that concrete which is being integrated with fresh concrete is still plastic. ii. Deposit concrete as nearly as practicable in its final location so as to avoid separation due to re-handling and flowing. iii. Do not use concrete which becomes non-plastic and unworkable, does not meet required quality control limits, or has been contaminated by foreign materials. iv. Remove rejected concrete from the job site.

C. Cold Weather Placement:

i. All concrete work shall be protected from damage or reduced strength which could be caused by freezing actions or low temperatures. All work with concrete mixture when air temperature is below 40 degrees F shall comply with ACI 306R and as specified herein. ii. Do not use antifreeze agents or chemical accelerators, unless written approval for such use has been given by the Engineer.

03 30 01 - 6 iii. Do not use aggregates that contain ice or snow. Do not place concrete over frozen soils or subgrade. iv. If air temperatures have fallen below 40 degrees F, or are expected to fall below 40 degrees F within twenty-four hours, heat water and all aggregates before mixing. Concrete mixture temperature at point of placement shall not be less than 60 degrees F nor more than 80 degrees F.

3.6 CONSOLIDATION:

A. General:

i. Consolidate each layer of concrete immediately after placing, by use of internal concrete vibrators supplemented by hand spading, rodding, or tamping. ii. Do not vibrate forms or reinforcement. iii. Do not use vibrators to transport concrete inside the forms.

3.7 CONCRETE CURING:

A. General: Concrete curing shall be done with accordance with ACI 303R. Cold weather curing shall be in accordance with ACI 306R.

3.8 JOINTS:

A. Expansion Joints: Expansion joints are to be provided at locations shown on the plans or at other locations during construction as approved by the Owner’s Representative. Joints shall be filled with a premolded expansion joint filler complying with ASTM D1751. B. Construction Joints: Construction joints shall be provided as shown on the plans or as preapproved by the Owner’s Representative or Architect/Engineer. Joints shall be kept free of form oil or other materials which may hamper bonding. Soiled surfaces shall be washed, mechanically cleaned or brushed blasted to the satisfaction of the Architect/Engineer. A surface bonding agent similar to Larsen Products “Weld Crete” shall be applied at all joints in accordance with the manufacturer's recommendation.

i. Do not use construction joints except as shown on the plans. ii. If additional construction joints are found to be required, secure the Architect/Engineer's approval of joint design and location prior to start of concrete placement.

3.9 CONCRETE FINISHING:

A. General: All exposed concrete surfaces shall receive as a minimum, a smooth rubbed or grout cleaned finish conforming to ACI 301. Alternative methods of finishing concrete, such as an application of a concrete finish/sealer such as Thoroseal or similar product, shall be acceptable if approved by the Architect/Engineer.

3.10 REMEDIAL WORK:

A. General: Repair or replace deficient work as directed by the Architect/Engineer and at no additional cost to the Owner.

03 30 01 - 7 3.11 TESTING:

A. General: An independent testing agency shall be provided by the Owner. The Contractor shall provide the qualifications of proposed materials and mix designs as well as other testing services specifically required of the Contractor. Testing services to be provided by the Contractor shall include the following:

i. Additional testing and inspection required because of changes in materials or proportions requested by the Contractor. ii. Additional testing of materials or concrete occasioned by their failure by test or inspection to meet specification requirements. iii. The Contractor shall provide the materials, tools and labor necessary to prepare the test specimens and deliver them to the testing agency. The Owner’s testing agency shall conduct the slump test and the compressive strength testing of cylinders.

B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C172 shall be performed according to the following requirements:

i. Testing Frequency: Obtain at least one composite sample for each 100 cubic yards or fraction thereof of each concrete mix placed each day.

(a) When frequency of testing will provide a fewer than five compressive-strength tests for each concrete mix, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

ii. Slump: ASTM C143; one test at point of placement for each composite sample, but not less than one test for each day’s pour of each concrete mix. Perform additional tests when concrete consistency appears to change. iii. Air Content: ASTM C231, pressure method for normal-weight concrete; ASTM C173, volumetric method, for structural lightweight concrete; one test for each composite sample, but not less than one test for each day’s pour of each concrete mix. iv. Concrete Temperature: ASTM C1064; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample. v. Compression Test specimens: ASTM C31/C31M; cast and laboratory cure one set of four standard cylinder specimens for each composite sample. vi. Compressive-Strength Tests: ASTM C39; test two laboratory-cured specimens at 7 days and two at 28 days. Test two field-cured specimens at 7 days and two at 28 days. A compressive- strength test shall be the average compressive strength from two specimens obtained from same composite sample and tested at age indicated.

C. Concrete Strength: Strength of each concrete mix 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.

END OF SECTION

03 30 01 - 8

SECTION 26 05 19 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SECTION INCLUDES A. Wire and cable for 600 volts and less. B. Wiring connectors and connections. 1.02 RELATED REQUIREMENTS A. Section 31 2316 - Excavation. B. Section 31 2323 - Fill: Bedding and backfilling. C. Section 31 2316.13 - Trenching: Excavating, bedding, and backfilling. D. Section 26 0553 - Identification for Electrical Systems. 1.03 REFERENCE STANDARDS A. NECA 1 - Standard for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2006. B. NETA STD ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems; International Electrical Testing Association; 2009. C. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.04 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Products: Furnish products listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 WIRING REQUIREMENTS A. Wet or Damp Interior Locations: Use only building wire in raceway. B. Exterior Locations: Use only building wire in raceway. C. Underground Installations: Use only building wire in raceway. D. Use solid conductor for feeders and branch circuits 10 AWG and smaller. E. Use conductor not smaller than 12 AWG for power and lighting circuits. 2.02 BUILDING WIRE A. Description: Single conductor insulated wire. B. Conductor: Copper. C. Insulation Voltage Rating: 600 volts. D. Insulation: NFPA 70, Type XHHW.

26 05 19 - 1

PART 3 EXECUTION 3.01 EXAMINATION A. Verify that raceway installation is complete and supported. 3.02 PREPARATION A. Completely and thoroughly swab raceway before installing wire. 3.03 INSTALLATION A. Install wire and cable securely, in a neat and workmanlike manner, as specified in NECA 1. B. Route wire and cable as required to meet project conditions. 1. Wire and cable routing indicated is approximate unless dimensioned. 2. Where wire and cable destination is indicated and routing is not shown, determine exact routing and lengths required. 3. Include wire and cable of lengths required to install connected devices within 10 ft of location shown. C. Use wiring methods indicated. D. Pull all conductors into raceway at same time. E. Use suitable wire pulling lubricant for building wire 4 AWG and larger. F. Neatly train and lace wiring inside boxes, equipment, and panelboards. G. Clean conductor surfaces before installing lugs and connectors. H. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. I. Identify and color code wire and cable under provisions of Section 26 0553. Identify each conductor with its circuit number or other designation indicated. 3.04 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA STD ATS, except Section 4. B. Perform inspections and tests listed in NETA STD ATS, Section 7.3.2.

END OF SECTION

26 05 19 - 2

SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Grounding and bonding components. B. Provide all components necessary to complete the grounding system(s) consisting of: 1. Concrete-encased electrode. 2. Rod electrodes. 1.02 REFERENCE STANDARDS A. NETA STD ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems; International Electrical Testing Association; 2009. B. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.03 PERFORMANCE REQUIREMENTS A. Grounding System Resistance: 10 ohms. 1.04 SUBMITTALS A. Test Reports: Indicate overall resistance to ground and resistance of each electrode. B. Project Record Documents: Record actual locations of components and grounding electrodes. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Products: Listed and classified by testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 ELECTRODES A. Rod Electrodes: Copper. 1. Diameter: 3/4 inch. 2. Length: 10 feet. 2.02 CONNECTORS AND ACCESSORIES A. Exothermic Connections: B. Wire: Stranded copper. C. Grounding Electrode Conductor: Size to meet NFPA 70 requirements.

26 05 26 - 1

PART 3 EXECUTION 3.01 EXAMINATION A. Verify that final backfill and compaction has been completed before driving rod electrodes. 3.02 INSTALLATION A. Install ground electrodes at locations indicated. Install additional rod electrodes as required to achieve specified resistance to ground. B. Provide grounding electrode conductor and connect to reinforcing steel in foundation footing where indicated. Bond steel together. C. Provide bonding to meet requirements described in Quality Assurance. D. Equipment Grounding Conductor: Provide separate, insulated conductor within each feeder and branch circuit raceway. Terminate each end on suitable lug, bus, or bushing. 3.03 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA STD ATS except Section 4. B. Perform inspections and tests listed in NETA STD ATS, Section 7.13.

END OF SECTION

26 05 26 - 2

SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Conduit and equipment supports. B. Anchors and fasteners. 1.02 REFERENCE STANDARDS A. ICC-ES AC01 - Acceptance Criteria for Expansion Anchors in Masonry Elements; 2009. B. ICC-ES AC193 - Acceptance Criteria for Mechanical Anchors in Concrete Elements; 2010 C. ICC-ES AC308 - Acceptance Criteria for Post-Installed Adhesive Anchors in Concrete Elements; 2009. D. NECA 1 - Standard Practices for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2006. E. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.03 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 MATERIALS A. Hangers, Supports, Anchors, and Fasteners - General: Corrosion-resistant materials of size and type adequate to carry the loads of equipment and conduit, including weight of wire in conduit. B. Supports: Fabricated of structural steel or formed steel members; galvanized. C. Anchors and Fasteners: 1. Obtain permission from Engineer before using powder-actuated anchors. 2. Concrete Structural Elements: Use precast inserts, expansion anchors, powder-actuated anchors, or preset inserts. 3. Steel Structural Elements: Use beam clamps or welded fasteners. 4. Concrete Surfaces: Use self-drilling anchors or expansion anchors. D. Fastener Types: 1. Concrete Wedge Expansion Anchors: Complying with ICC-ES AC193. 2. Masonry Wedge Expansion Anchors: Complying with ICC-ES AC01. 3. Concrete Screw Type Anchors: Complying with ICC-ES AC193. 4. Masonry Screw Type Anchors: Complying with ICC-ES AC106. 5. Concrete Adhesive Type Achors: Compying with ICC-ES AC308. 6. Other Types: As required.

26 05 29 - 1

PART 3 EXECUTION 3.01 INSTALLATION A. Install hangers and supports as required to adequately and securely support electrical system components, in a neat and workmanlike manner, as specified in NECA 1. 1. Do not fasten supports to pipes, ducts, mechanical equipment, or conduit. B. Rigidly weld support members or use hexagon-head bolts to present neat appearance with adequate strength and rigidity. Use spring lock washers under all nuts. C. Install surface-mounted cabinets and panelboards with minimum of four anchors. D. In wet and damp locations use steel channel supports to stand cabinets and panelboards 1 inch off wall. E. Use sheet metal channel to bridge studs above and below cabinets and panelboards recessed in hollow partitions.

END OF SECTION

26 05 29 - 2

SECTION 26 05 34 CONDUIT PART 1 GENERAL 1.01 SECTION INCLUDES A. Conduit, fittings and conduit bodies. 1.02 RELATED REQUIREMENTS A. Section 26 0526 - Grounding and Bonding for Electrical Systems. B. Section 26 0529 - Hangers and Supports for Electrical Systems. C. Section 26 0553 - Identification for Electrical Systems. D. Section 26 0537 - Boxes. 1.03 REFERENCE STANDARDS A. ANSI C80.1 - American National Standard for Electrical Rigid Steel Conduit (ERSC); 2005. B. NECA 1 - Standard Practices for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2006. C. NECA 101 - Standard for Installing Steel Conduit (Rigid, IMC, EMT); National Electrical Contractors Association; 2006. D. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable; National Electrical Manufacturers Association; 2007. E. NEMA TC 2 - Electrical Polyvinyl Chloride (PVC) Tubing and Conduit; National Electrical Manufacturers Association; 2003. F. NEMA TC 3 - PVC Fittings for Use with Rigid PVC Conduit and Tubing; National Electrical Manufacturers Association; 2004. G. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.04 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to authority having jurisdiction as suitable for purpose specified and shown. 1.05 DELIVERY, STORAGE, AND HANDLING A. Accept conduit on site. Inspect for damage. B. Protect conduit from corrosion and entrance of debris by storing above grade. Provide appropriate covering. C. Protect PVC conduit from sunlight.

26 05 34 - 1

PART 2 PRODUCTS 2.01 CONDUIT REQUIREMENTS A. Conduit Size: Comply with NFPA 70. 1. Minimum Size: 1" unless otherwise specified. B. Underground Installations: 1. More than 5 Feet from Foundation Wall: Use rigid steel conduit, intermediate metal conduit, plastic coated conduit, or thickwall nonmetallic conduit. C. Outdoor Locations Above Grade: Use rigid steel conduit or intermediate metal conduit. 2.02 METAL CONDUIT A. Rigid Steel Conduit: ANSI C80.1. B. Intermediate Metal Conduit (IMC): Rigid steel. C. Fittings and Conduit Bodies: NEMA FB 1; material to match conduit. 2.03 PVC COATED METAL CONDUIT A. Description: NEMA RN 1; rigid steel conduit with external PVC coating. B. Fittings and Conduit Bodies: NEMA FB 1; steel fittings with external PVC coating to match conduit. 2.04 NONMETALLIC CONDUIT A. Description: NEMA TC 2; Schedule 40 PVC. B. Fittings and Conduit Bodies: NEMA TC 3. PART 3 EXECUTION 3.01 EXAMINATION A. Verify routing and termination locations of conduit prior to rough-in. B. Conduit routing is shown on drawings in approximate locations unless dimensioned. Route as required to complete wiring system. 3.02 INSTALLATION A. Install conduit securely, in a neat and workmanlike manner, as specified in NECA 1. B. Install steel conduit as specified in NECA 101. C. Install nonmetallic conduit in accordance with manufacturer's instructions. D. Arrange supports to prevent misalignment during wiring installation. E. Support conduit using coated steel or malleable iron straps, lay-in adjustable hangers, clevis hangers, and split hangers. F. Group related conduits; support using conduit rack. Construct rack using steel channel; provide space on each for 25 percent additional conduits. G. Fasten conduit supports to building structure and surfaces under provisions of Section 26

26 05 34 - 2

0529. H. Do not support conduit with wire or perforated pipe straps. Remove wire used for temporary supports. I. Do not attach conduit to ceiling support wires. J. Arrange conduit to maintain headroom and present neat appearance. K. Route exposed conduit parallel and perpendicular to walls. L. Route conduit installed above accessible ceilings parallel and perpendicular to walls. M. Route conduit in and under slab from point-to-point. N. Maintain adequate clearance between conduit and piping. O. Cut conduit square using saw or pipecutter; de-burr cut ends. P. Bring conduit to shoulder of fittings; fasten securely. Q. Install no more than equivalent of three 90 degree bends between boxes. Use conduit bodies to make sharp changes in direction, as around beams. Use hydraulic one shot bender to fabricate bends in metal conduit larger than 2 inch size. R. Avoid moisture traps; provide junction box with drain fitting at low points in conduit system. S. Provide suitable fittings to accommodate expansion and deflection where conduit crosses seismic. T. Provide suitable pull string in each empty conduit except sleeves and nipples. U. Use suitable caps to protect installed conduit against entrance of dirt and moisture. V. Ground and bond conduit under provisions of Section 26 0526. W. Identify conduit under provisions of Section 26 0553.

END OF SECTION

26 05 34 - 3

SECTION 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Nameplates and labels. B. Wire and cable markers. C. Conduit markers. 1.02 REFERENCE STANDARDS A. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.03 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to authority having jurisdiction as suitable for purpose specified and shown. PART 2 PRODUCTS 2.01 IDENTIFICATION APPLICATIONS A. Buried Electrical Lines: Underground warning tapes. B. Electrical Distribution and Control Equipment Enclosures: Nameplates. C. Junction Box Load Connections: Wire markers. D. Outlet Box Load Connections: Wire markers. E. Panel Gutter Load Connections: Wire markers. F. Pull Box Load Connections: Wire markers. 2.02 NAMEPLATES AND LABELS A. Nameplates: Engraved three-layer laminated plastic, white letters on black background. B. Plastic: Conform to ASTM D 709. C. Letter Size: 1. Use 1/8 inch letters for identifying individual equipment and loads. 2. Use 1/4 inch letters for identifying grouped equipment and loads. D. Labels: Thermal transfer vinyl tape, with 3/16 inch white letters on white background. Use only for identification of individual receptacles, control device stations, and splices. 2.03 WIRE MARKERS A. Description: Tape type self-adhesive wire markers. B. Color: Black on white. C. Legend: 1. Power and Lighting Circuits: Branch circuit or feeder number indicated on drawings.

26 05 53 - 1

2.04 UNDERGROUND WARNING TAPE A. Description: 3 inch wide polyethylene tape, detectable type colored yellow with suitable warning legend describing buried electrical lines. PART 3 EXECUTION 3.01 PREPARATION A. Degrease and clean surfaces to receive nameplates and labels. 3.02 INSTALLATION A. Install nameplates and labels parallel to equipment lines. B. Secure nameplates to equipment front using screws. C. Secure nameplates to inside surface of door on panelboard that is recessed in finished locations. D. Identify underground conduits using underground warning tape. Install one tape per trench at 3 inches below finished grade.

END OF SECTION

26 05 53 - 2

SECTION 26 27 26 WIRING DEVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Wall dimmers. 1.02 RELATED REQUIREMENTS A. Section 26 05 37 - Boxes. 1.03 REFERENCE STANDARDS A. NECA 1 - Standard for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2006. B. NFPA 70 - National Electrical Code; National Fire Protection Association; 2005. 1.04 SUBMITTALS A. Product Data: Provide manufacturer's catalog information showing dimensions, colors, and configurations. B. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency. Include instructions for storage, handling, protection, examination, preparation, and installation of product. C. Project Record Documents: Record actual installed locations of wiring devices. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. PART 2 PRODUCTS 2.01 APPLICATIONS A. Provide wiring devices suitable for intended use and with ratings adequate for load served. B. Provide weather resistant GFI receptacles with specified weatherproof covers for all receptacles installed outdoors or in damp or wet locations. 2.02 ALL WIRING DEVICES A. Provide products listed and classified by Underwriters Laboratories Inc. or testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and indicated. 2.03 RECEPTACLES A. Receptacles: Heavy duty, complying with NEMA WD 6 and WD 1. 1. Device Body:Nylon. 2. Strap: Brass 3. Wiring: Back and Side wiring. B. Convenience Receptacles: Type 5 - 20.

26 27 26 - 1

C. GFCI Receptacles: Convenience receptacle with integral ground fault circuit interrupter to meet regulatory requirements. Manufacturer and Model: 1. Hubbell: GF20(color)L 2. Cooper: VGF20(color) 3. Leviton: 7899(color) D. Device color to be selected by Architect at time of shop drawings review. 2.04 WALL DIMMERS PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field measurements are as shown on the drawings. B. Verify that outlet boxes are installed in proper locations and at proper mounting heights and are properly sized to accommodate devices and conductors in accordance with NFPA 70. C. Verify that branch circuit wiring installation is completed, tested, and ready for connection to wiring devices. D. Verify that conditions are satisfactory for installation prior to starting work. 3.02 PREPARATION A. Clean dirt, debris, plaster, and other foreign materials from outlet boxes. 3.03 INSTALLATION A. Perform work in a neat and workmanlike manner in accordance with NECA 1, including mounting heights specified in that standard unless otherwise indicated. B. Install wiring devices in accordance with manufacturer's instructions. C. Where required, connect wiring devices using pigtails not less than 6 inches long. Do not connect more than one conductor to wiring device terminals. D. Connect wiring devices by wrapping conductor clockwise 3/4 turn around screw terminal and tightening to proper torque specified by the manufacturer. Where present, do not use push-in pressure terminals that do not rely on screw-actuated binding. E. Unless otherwise indicated, connect wiring device grounding terminal to branch circuit equipment grounding conductor and to outlet box with bonding jumper. F. Provide GFI receptacles with integral GFI protection at each location indicated. Do not use feed-through wiring to protect downstream devices. G. Receptacles shall not be utilized as feed through devices. Where additional receptacles are connect downstream of the receptacle, receptacle shall be T-tapped to the circuit.

26 27 26 - 2

3.04 FIELD QUALITY CONTROL A. Inspect each wiring device for damage and defects. B. Test each receptacle to verify operation and proper polarity. C. Test each GFCI receptacle for proper tripping operation according to manufacturer's instructions. D. Correct wiring deficiencies and replace damaged or defective wiring devices. 3.05 CLEANING A. Clean exposed surfaces to remove dirt, paint, or other foreign material and restore to match original factory finish.

END OF SECTION

26 27 26 - 3 SECTION 26 51 00 LIGHTING

PART 1 – GENERAL

1.01 DESCRIPTION

A. Extent, location, and details of lighting pole and fixture work are indicated on construction drawings.

1.02 QUALITY ASSURANCE

A. Codes and Standards:

i. Electrical Code Compliances: Comply with applicable requirements of the 2005 NFPA-70 (NEC) pertaining to installation and construction of lighting fixtures. ii. NEMA Compliance: Comply with applicable requirements of NEMA Stds. Pub./Nos. LE 1 and LE 2 pertaining to lighting equipment. iii. UL Compliance: Comply with UL Standards, including Stds. 486A and B, pertaining to lighting fixtures. Provide lighting fixtures and components which are UL-listed and labeled.

1.03 SUBMITTALS

A. Product Data: Submit manufacturer’s product data and installation instructions on each type of lighting fixture component. Data on ballast and lenses shall be included. B. Shop Drawings: Submit fixture shop drawings in booklet form with separate sheet for each fixture with each fixture and pole accessories clearly indicated on each sheet. C. Maintenance Data: Submit maintenance data and parts list for each lighting fixture and accessories; including “trouble-shooting” maintenance guide.

1.04 DELIVERY, STORAGE, AND HANDLING

A. General: Delivery, storage, and handling shall be the responsibility of the Contractor and as a minimum meet the recommendations of the manufacturer and the requirements outlined in Section 01 66 00 – Product Delivery, Storage, and Handling. B. Onsite Storage: The fixtures and poles shall be stored so as to be protected from damage, dirt, grease, water, moisture, mud, mechanical abrasions, or other damage. The fixtures shall be stored in original shipping containers and not be stacked.

PART 2 – PRODUCTS

2.01 FIXTURES

A. The Shape is to be a Washington Full Cutoff Series Style, 42” tall, 19” diameter to match the shape of existing fixtures and the town standard, or equal.

26 51 00 - 1 B. Optical Assembly is to be a precisely engineered segmented aluminum reflector located in the top cover. A gasket between the cover and ring along with a flat glass plate and gasket beneath the reflector shall create a sealed optical compartment that meets an IP rating. Optics shall be VDOT and International Dark Skies approved. The Optical Assembly is to be IES Type III distribution. Optics, (when combined with Intersection Fixtures), shall meet VDOT/IES RP-8-00 criteria. C. Luminaire Housing is to be cast of aluminum, classified as a “Utility” housing, and shall anchor the optical system and provide an enclosure for a plug in electrical module. The enclosure shall be an IP55 rating. The housing shall have a glass window to allow light to reach a EEI-NEMA twist-off photocell. The lamp socket shall be nickel plated and shall be wired to a three station incoming line terminal block. The slipfitter shall accept a 3” high by 2 7/8” to 3 1/8” pole tenon. D. Ballast is to be High Power Factor Autotransformer type. Voltage is to be ____ volts and the wattage is to be for 150 watt High Pressure Sodium operation. The ballast shall have a performance rating of a 1.0. All electrical components shall have a 6-year warranty. E. Lamp is to be furnished with fixture in order to coordinate the design of the Optics with the arc tube center of the lamp for maximum performance. Lamp is to be Clear, universal. F. Finish/Material is to have a seven stage pretreatment process and finished with a polyester powder paint to insure maximum durability. All exposed hardware is to be stainless steel. Color is to be Black. G. UL Listed and suitable for wet locations at a maximum of 40 degrees C ambient temperature. H. Fixture shall be Holophane Catalog number WFC15AHPMTBC35HP27/5-67516, and shall be a direct mechanical and paint match to the post specified, or equal.

2.02 POLES

A. Shape is to be a Cheasapeake Style non-tapered fluted shaft, 12’-0” tall, 18.5” diameter base to match existing poles and the town standard, or equal. The shaft diameter shall be 5”. An integral 3” O.D. tenon shall be provided at the top for luminaire mounting. The post top shall include a transition donut between the fluted shaft and the tenon. There shall be a grounding screw provided inside the base accessible by a wiring access door. B. Construction: The cast shaft shall be double welded to the base casting and shipped as one piece for maximum structural integrity. The shaft shall be circumferentially welded inside the base casting at the top of the access doors and externally where the shaft exits the base. All exposed welds below 8’ shall be ground smooth. All welding shall be per ANSI/AWS D1.2-90. All welders shall be certified per Section 5 of ANSI/AWS D1.2-90. C. Finish/Material: The base is to be heavy wall, cast aluminum produced from certified ASTM 356.1 ingot per ASTM B-179-95a or ASTMB26-95. The straight shaft shall be extruded from aluminum, ASTM 6061 alloy, heat treated to a T6 temper. The casting is to have a seven stage pretreatment process and finished with a polyester powder paint to insure maximum durability. All exposed hardware is to be tamper resistant stainless steel. Color is to be Black to match fixture specified. Anchor bolts are to be hot dipped galvanized. D. Receptacle: Each pole is to be furnished with a GFI duplex receptacle with a small in-use wet location cover. The receptacle is to be located at 11’-6” and at 90 degree orientation. E. Banner Arms: Poles so noted on the drawings shall be furnished with two bolt on banner arms, half sphere end caps and 1” pipe that is 24” long. The top banner arm shall be located at 11’-6” and at 0 degrees. The bottom banner arm is to be located at 7’-6” and at 0 degrees. The pole shall pass a wind load test for 70mph steady with a 1.3 gust factor. F. Pole shall be Holophane Catalog number ZCP12F518CABKH FGIUS-SBKH for non-banner poles and ZCP12F518CABKH FGIUS-SBKH (2) BAD24H/1/BO-CABKH, and shall be a direct mechanical and paint match to the fixture specified, or equal.

26 51 00 - 2 PART 3 - EXECUTION

3.01 EXAMINATION

A. Examine areas and conditions under which lighting fixtures and poles are to be installed. Notify General Contractor in writing of conditions detrimental to proper completion of the work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to installer.

3.02 INSTALLATION OF LIGHTING FIXTURES

A. Install lighting fixtures at locations and heights as indicated, in accordance with fixture manufacturer’s written instructions, applicable requirements of NEC, NECA’s “Standard of Installation”, NEMA Standards, and with recognized industry practices to ensure that lighting fixtures fulfill requirements. B. Tighten all connectors and terminals, including screws and bolts, in accordance with equipment manufacturer’s published torque tightening values for equipment connectors. Where manufacturer’s torquing requirements are not indicated, tighten connectors and terminals to comply with tightening torques specified in UL Std. 486A, and the National Electrical Code. C. Clean all lighting fixtures and poles of dirt and construction debris upon completion of installation.

END OF SECTION

26 51 00 - 3

SECTION 31 00 00 EARTHWORK PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Excavate and grade in the areas designated in the Contract Documents as shown on the grading plan and specified herein, which shall include but not be limited to, the following: i. Excavation and site preparation. ii. Grading to establish subgrades for slabs, walks, pavements, gravel surfaces, and grassed areas. iii. Excavation, filling and backfilling and compaction. iv. Dewatering or addition of water as required. v. Placing of topsoil and finish grading. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include: i. Section 01 33 00 - Submittal Procedures ii. Section 31 23 33- Trenching and Backfilling iii. Section 32 91 19 - Topsoil Placement and Grading iv. Section 32 92 19 – Seeding

1.02 REFERENCES: A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. i. American Society for Testing and Materials (ASTM):

(a) D448: Standard Classification for Sizes of Aggregate for Road and Bridge Construction (b) D698: Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft) (c) D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method (d) D1557: Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3)(2,700 kN-m/m3) (e) D2216: Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass (f) D2487: Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) (g) D2922: Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) (h) D2937: Standard Test Methods for Density of Soil in Place by the Drive-Cylinder Method

31 00 00 - 1

(i) D3017: Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) (j) D4318: Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils ii. Occupational Health and Safety Administration (OSHA), Standards for the Construction Industry:

(a) Subpart U: Blasting and the Use of Explosives iii. Virginia Department of Housing and Community Development (DHCD):

(a) Virginia Statewide Fire Prevention Code iv. Virginia Department of Transportation - Road and Bridge Specifications (VDOT):

(a) 303: Earthwork

1.03 DEFINITIONS: A. Controlled Fill: Controlled fill is fill required in all areas on which final grade is not placed on original excavated soil. B. Unclassified Excavation: For the purposes of payment, material shall not be classified regardless of the type of material encountered. C. Satisfactory Materials: Materials classified by ASTM D2487 as GW, GP, GM, GC, SW, SP, SM, SC, ML, and CL are satisfactory as fill for overlot grading and are satisfactory in-situ. Materi- als shall have a minimum compacted density of 95 pounds per cubic foot and a plasticity index in excess of 15. D. Unsatisfactory Materials: Materials classified by ASTM D2487 as OL, OH, MH, CH, and PT are unsatisfactory in-situ and as fill. Unsatisfactory materials also include those materials containing roots and other organic matter, trash, debris, frozen materials, and stones larger than 3 inches. E. Cohesionless and Cohesive Materials: Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Cohesionless materials include materials classified in ASTM D2487 as GW, GP, SW, and SP. Materials classified as GM and SM will be identified as cohesionless only when the minus #40 fraction has a plasticity index of zero as classified by ASTM D4318. F. Degree of Compaction: Degree of compaction is a percentage of the maximum density obtained by the test procedure presented in ASTM D698 or ASTM D1557 as specified, abbreviated above as a percent of laboratory maximum density. G. Topsoil: Material obtained from excavations, suitable for topsoils shall consist of friable clay loam, free from roots, stones, other undesirable material and shall be capable of supporting a good growth of grass. H. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material that exceed 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock excavating equipment equivalent to the following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting, when permitted:

31 00 00 - 2

i. Excavation of Footings, Trenches, and Pits: Late-model, track-mounted hydraulic excavator; equipped with a 42-inch- (1065-mm-) wide, maximum, short-tip-radius rock bucket; rated at not less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,090 lbf (125 kN) and stick-crowd force of not less than 18,650 lbf (83 kN); measured according to SAE J-1179. ii. Bulk Excavation: Late-model, track-mounted loader; rated at not less than 210-hp (157- kW) flywheel power and developing a minimum of 48,510-lbf (216-kN) breakout force with a general-purpose bare bucket; measured according to SAE J-732. I. Geotechnical Engineer: A representative of a commercial geotechnical testing laboratory which will be used by the Contractor to provide the required quality assurance testing.

1.04 SYSTEM DESCRIPTION: A. Soil Bearing Capacity: Soil underneath all footings and structures shall have a minimum bearing capacity of 2000 pounds per square foot.

1.05 SUBMITTALS A. General: Submittals shall be in accordance with Section 01 33 00 – Submittal Procedures. Copies of all test results and field and office worksheets shall be furnished to the Engineer within 72 hours after the tests are complete. B. Test Reports: The testing agency shall submit following reports, in duplicate, directly to Archi- tect/Engineer and Owner from the testing services, with copy to the Contractor.

(a) Test report on borrow material for soil classification. (b) Field density reports and map of test location. (c) One optimum moisture-maximum density curve for each type of soil used for controlled fill. (d) Other reports of any testing hereinafter specified deemed necessary by Geotechnical Engineer or requested by the Owner and/or Engineer. (e) A test location plan shall be included with each submittal.

1.06 QUALITY ASSURANCE A. Geotechnical Engineer: The Owner shall retain a licensed independent Geotechnical Engineer and Test Laboratory approved by the Architect/Engineer to insure that earthwork meets the requirements of the specifications for density and moisture content. The Geotechnical Engi- neer shall attend the Pre-Construction Conference. B. Inclement Weather: When fill operations are ceased due to weather (rain, freezing, snow, etc.), construction shall not be resumed until the Geotechnical Engineer has verified soil strength has not been adversely affected. If soil strength has been decreased, the affected portion of fill shall be rescarified, moistened, or dried as required and recompacted to the specified density. C. Inspection: The Geotechnical Engineer shall continuously observe and monitor all filling and compacting operations so that he can certify that the fill was constructed in accordance with these specifications. The Geotechnical Engineer shall verify that the subgrade has been adequately prepared for filling, that acceptable quality and quantity of fill material is used in each lift, that the specified compaction is achieved in each lift, and that the proper size fill with

31 00 00 - 3

proper slopes is built. The Geotechnical Engineer shall certify compliance with these specifications by letter mailed to the Owner, with copy to the Architect/Engineer, upon completion of the compaction. D. Coordination: The Contractor shall coordinate the work with the Owner’s representative and Geotechnical Engineer by notifying the Owner’s representative and Geotechnical Engineer of scheduled work in advance. The Contractor shall coordinate work with other trades whose work will be affected on the site. E. Utilities: Prior to any excavation the Contractor shall verify the locations of all utilities which may be in the area. F. Drainage: The Contractor shall be responsible for the proper drainage of the site during construction of the project. Water shall not be allowed to accumulate in any of the excavated areas. Storm or ground water collecting on site during construction shall be removed by pumping, ditching, or other suitable means.

1.07 PROJECT CONDITIONS: A. Topographic Survey: Topographic information is provided from a field survey performed and prepared by Gay and Neel, Inc. B. Test Borings: No subsurface investigation has been performed as part of this project. All excavation for project is to be considered and bid as "unclassified". C. Existing Utilities: Locate existing underground utilities in areas of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. i. Should uncharted, incorrectly charted, unmarked in field, or incorrectly marked in the field, piping or other utilities be encountered during excavation, Contractor shall consult utility Owner immediately for directions. Contractor shall cooperate with Owner and utility companies in keeping respective services and facilities in operation, and shall repair or arrange for repair, damaged utilities to satisfaction of utility owner. ii. Contractor shall demolish and completely remove existing underground utilities as indicated on the plans and shall coordinate with utility companies for shut-off of services if lines are active. Utilities shall be abandoned in place only with approval from the Owner and utility provider. iii. Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Owner, Architect/Engineer, and utility owner and then only after arranging to provide temporary utility services according to requirements indicated: (a) Update the Owner and Architect/Engineer at each scheduled construction meeting for planned utility interruptions. Notify Owner, Architect/Engineer not less than five days in advance of proposed utility interruptions. (b) Do not proceed with utility interruptions without Owner and Architect/Engineer’s written permission. (c) Contact utility-locator service for area where Project is located before excavating. D. Blasting: Blasting will not normally be allowed. If permission to blast is granted following a written request, blasting shall be performed in compliance with the Occupational Safety and Health Standards for the Construction Industry, Subpart U, The Virginia Statewide Fire Pre- vention Code VR 394-01-6, and all amendments or revisions thereof. Damage of any nature resulting from blasting operations shall be satisfactorily corrected by the Contractor at no ex-

31 00 00 - 4

pense to the Owner. All work shall be performed by an experienced, licensed Blasting Con- tractor. The Owner will provide a pre-blast survey for all structures within 300 feet of blasting areas. A written blasting program shall be submitted by the Contractor at least 48 hours prior to the planned blasting for review and approval by the Architect/Structural Engineer and Owner. The Geotechnical Engineer shall monitor the Contractor’s methods and procedures in carrying out the blasting work and the initial test blasting program. Peak particle velocities shall be measured adjacent to the foundations of nearby structures and shall be limited to levels acceptable to the Geotechnical Engineer and Owner. Air blast levels shall also be monitored and restricted to levels acceptable to the Geotechnical Engineer and Owner. Trial blasting shall be required to confirm that ground motions are reasonably predictable. Blasting for rock excavation shall be confined to the hours of 6:00 pm to 10:00 pm, Monday through Fri- day, and 8:00 am to 10:00 pm Saturday and Sunday. i. Blasting will not be allowed for this project. E. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. i. The Contractor shall operate warning lights as recommended by authorities having jurisdiction. ii. The Contractor shall protect structures, utilities, sidewalks, pavements, trees and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. iii. The Contractor shall protect, maintain and restore bench marks, monuments, and other reference points affected by this work. If bench marks, monuments or other permanent reference points are displaced or destroyed, points shall be re-established and markers reset under supervision of a licensed Land Surveyor. PART 2 - PRODUCTS

2.01 MATERIALS: A. Materials: All fill materials shall be free from mud, refuse, construction debris, organic material, rock or gravel greater than 3 inches in any dimension, frozen or otherwise unsuitable material. Materials for fills shall be secured from excavation after rejection of any unsuitable materials. Materials from other sources may be used upon approval by the Geotechnical En- gineer. B. Borrow: Material for use in replacing undercut areas or in construction of embankments shall be approved by the Geotechnical Engineer and obtained from approved sources. C. Rock: Rock shall be removed to a minimum depth of 12 inches below the subgrade elevation. The excavated area shall be brought up to subgrade with approved material placed and compacted as described herein. Other applicable specifications are listed in VDOT 303 concerning undercutting rock. When required, the undercutting of rock beyond the subgrade elevations and the corresponding backfill will be paid for as provided for under the unit prices established on the bid form for the removal of unsuitable materials and backfill corresponding thereto.

31 00 00 - 5

D. Unsuitable Materials: Areas that exhibit excessive pumping or that do not meet density requirements due to unsuitable material as determined by Geotechnical Engineer shall be undercut and replaced with approved material in accordance with Part 3, Execution.

PART 3 - EXECUTION

3.01 TOPSOIL A. Conservation of Topsoil: Topsoil shall be removed as required without contamination with subsoil and stockpiled convenient to areas for later application or at locations specified. Any surplus of topsoil from excavations and grading shall be stockpiled in location approved by the Owner. A silt fence shall be installed on the downslope side and the stockpiles seeded. B. Placing Topsoil: On areas to receive topsoil, the compacted subgrade shall be scarified to a 2 inch depth for bonding of topsoil with subsoil. Topsoil then shall be spread evenly and graded to the elevations and slopes shown. Topsoil shall not be spread when frozen or excessively wet or dry. All areas disturbed by work in this project shall be seeded in accordance with Sec- tion 32 92 19 - Seeding.

3.02 EXCAVATION A. Excavation: Excavation shall be unclassified. After topsoil removal has been completed, excavation of every description, regardless of material encountered, within the grading limits of the project shall be performed to the lines and grades indicated. Satisfactory excavation material shall be transported to and placed in fill areas within the limits of the work. Excavations carried below the depths indicated, shall, except as otherwise specified, be refilled to the proper grade with satisfactory material as directed. All additional work of this nature, unless directed by Owner or Owner’s agents for the purposes of undercutting, shall be at the Con- tractor's expense; where undercutting is directed, it shall be compensated in accordance with the proposal form. Excavation and filling shall be performed in a manner and sequence that will provide drainage at all times. Excavations shall be kept free from water while construction therein is in progress. If the Contractor fails to provide adequate drainage and any material becomes soft or otherwise unsuitable as a result, such material shall be removed and replaced with satisfactory on-site material or borrow material from approved sources, or shall be dried and recompacted as directed by the Geotechnical Engineer at no additional cost to the Owner. Fill areas and slopes may, in some instances, be adjusted to balance earthwork quantities as approved by the Architect/Engineer. Material required for fills in excess of that produced by excavation within the grading limit shall be obtained from borrow areas at the Contractor's expense. i. Unless specific “waste areas” have been designated on the site plan, all unsuitable and surplus material shall be disposed of off-site in accordance with Section 31 10 00 – Site Clearing. B. Excavation for Utilities: Trenches for underground utilities systems and drain lines shall be in accordance with Section 31 2333 - Trenching and Backfilling. C. Ditches, Gutters, and Channel Changes: Ditches, gutters, and channel changes shall be cut accurately to the cross sections and grades indicated. All roots, stumps, rock, and foreign mat-

31 00 00 - 6

ter in the sides and bottom of ditches, gutters, and channel changes shall be trimmed and dressed or removed to conform to the slope, grade, and shape of the section indicated. Care shall be taken not to excavate ditches and gutters below the grades indicated. Excessive ditch and gutter excavation shall be backfilled to grade either with compacted to specified densities material or with suitable stone or cobble to form an adequate gutter paving as directed. All ditches and gutters excavated under this section shall be maintained until final acceptance of the work. Satisfactory material excavated from ditches and channel changes shall be placed in fill areas. Unsuitable and excess excavated material shall be disposed of in designated waste areas or as directed. D. Unauthorized Excavation: i. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific instruction from the Architect/Engineer or the Geotechnical Engineer. ii. Backfill and compact unauthorized excavations as specified for authorized excavations, unless otherwise directed by the Geotechnical Engineer. E. Stability of Excavations: Maintain sides and slopes of excavations in a manner such that the excavation provides safety of personnel, protection of work, and compliance with requirements of governmental agencies having jurisdiction.

3.03 FILL A. Preparation of Ground Surface for Fill: All vegetation such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetative matter, rubbish, and other unsatisfactory material within the area upon which fill is to be placed, shall be stripped or otherwise removed before the fill is started. In no case will unsatisfactory material remain in or under the fill area. The areas shall then be scarified to a depth of at least 6 inches, moistened or aerated as required and compacted with vibratory rollers, pneumatic rollers, sheepsfoot rollers or other mechanical means acceptable to the Geotechnical Engineer. Sloped ground surfaces steeper than one vertical to four horizontal on which fill is to be placed shall be plowed, stepped, benched, or broken up, as directed, in such manner that the fill material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or dried as may be required to obtain the specified moisture content and density. B. Fills and Embankments: Fills and embankments shall be constructed at the locations and to lines and grades indicated. The completed fill shall conform to the grading plan indicated. Approved material obtained during excavation may be used in forming required fill. Fill shall be satisfactory material and shall be free from roots or other organic material. No frozen material will be permitted in the fill. Stones having a dimension greater than 3 inches shall not be permitted in the upper 2 feet of fill or horizontal embankment. The material shall be placed in successive horizontal layers of 8 inches in loose depth for the full width of the cross section and shall be compacted as specified. Each layer shall be compacted before the overlaying lift is placed. Moisture content of the fill or backfill material shall be adjusted by wetting or aerating as necessary to provide the moisture content specified.

31 00 00 - 7

3.04 COMPACTION A. Subgrade Compaction: The cut subgrade material shall be compacted to 95 percent of its maximum dry density as determined by ASTM D698. The moisture content should be within +/-3 percentage points of the material's optimum as determined by ASTM D2216. B. Compaction: Each layer of the fill shall be compacted to the maximum theoretical density, as specified below, as determined by ASTM D698. Moisture content shall be within +/-3 percent of optimum as determined by ASTM D2216. Project areas referred to below are taken from the areas designated on the grading plan sheets and the Grading Schedule on those sheets. i. Under foundations, future building slabs, sidewalks, and pavements, compact each layer to 100% of maximum dry density. ii. Under lawns or unpaved areas, compact each layer to 90% of maximum dry density.

3.05 FINISHED GRADES A. General: All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth-graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from blade-grader operations, except as otherwise specified. Ditches and gutters shall be finished to permit adequate drainage. B. Unsatisfactory Material: Soft or otherwise unsatisfactory material shall be replaced with satisfactory excavated material or other approved materials. C. Finished Elevations: Low areas resulting from removal of unsuitable material or from excavation of rock shall be brought up to required grade with satisfactory materials, and the entire area shall be shaped to line, grade, and cross section and shall be compacted as specified. The surface of embankments or excavated areas for road construction or other areas on which a base course or pavement is to be placed shall vary not more than 0.10 feet from the established grade and approved cross section. Surfaces other than those to be paved shall be finished not more than 0.20 feet above or below the established grade or approved cross section. However, in all cases, surfaces shall be finished to provide positive drainage away from buildings. D. Rims, Covers, & Lids: All tops of utility meters, manholes, valves, etc shall be adjusted to be flush with adjacent finished grades within the area of work. Contractor is responsible for adjusting utility rims to finished grades at no additional cost to owner.

3.06 PROTECTION A. Site Preservation: The Contractor shall protect newly graded areas from traffic and from erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades reestablished to the required elevations and slopes. All work shall be conducted in accordance with the Erosion Control provisions of these specifications. B. Seeding: All areas disturbed by work in this project shall be seeded in accordance with Sec- tion 32 92 19 - Seeding.

31 00 00 - 8

3.07 FIELD QUALITY CONTROL A. Testing: Testing shall be the responsibility of the Owner, and shall be performed by an approved independent testing laboratory qualified to perform such tests and approved by Archi- tect/Engineer. Field Density tests conforming to ASTM D698, shall be made by the Geotech- nical Engineer or his representative on each soil type found in the areas prepared to receive fill and in the soil to be used for fill. Field Density tests shall be made by the Geotechnical En- gineer or his representative in accordance with ASTM D1556 or ASTM D2922 and ASTM D3017 on the areas prepared to receive fill and on each layer of compacted fill. When ASTM D2922 is used, the calibration curves shall be checked and adjusted if necessary by the procedure described in ASTM D2922, paragraph “ADJUSTING CALIBRATION CURVE”. ASTM D2922 results in a wet unit weight of soil and when using this method, ASTM D3017 shall be used to determine the moisture gauges along with density calibration checks as described in ASTM D3017. ASTM D 2937 shall be used only for soft, fine-grained, cohesive soils. At least one test shall be performed on the compacted backfill. More tests shall be performed if in the judgment of the Representative, Geotechnical Engineer, or Architect/Engineer the compactive effort of the Contractor will not result in the specified density. In addition to visual inspection of all subgrade and excavations, the Geotechnical Engineer shall be present onsite for visual observation and inspection during all controlled fill operations; it will be the Contract’s responsibility to coordinate in advance with the Geotechnical Engineer so as to have proper observation during filing operations. B. Testing Frequency: The following submittals are required. i. A minimum of one moisture-density test shall be performed for each classification of fill material, and existing subgrade material. ii. One Atterberg limits test and one gradation analysis is required for every six field density tests. iii. Field density tests shall be performed as follows: The Geotechnical Engineer shall direct the number and location of test performed. Unless otherwise directed by the Geotech- nical Engineer, perform not less than one field density test for every 2,500 sq. ft. of area, and in no case fewer than four tests no further apart than 50 feet. In utility trenches, perform one test per 50 linear feet of trench. C. Visual Inspection: Upon completion of all excavation of unsuitable material, and for all footings, the Geotechnical Engineer shall visually inspect the subgrade and excavations. The visual inspection shall be conducted to assure that the data obtained from the test borings and used as a basis of design was representative of the site conditions. Upon completion of the inspection, the Geotechnical Engineer shall provide written notification to the Owner and Ar- chitect/Engineer. D. Proof Rolling: Following visual inspection, Contractor shall demonstrate to the Geotechnical Engineer that the exposed subgrade does not contain previously unidentified soft areas by proof rolling. Proof rolling shall consist of the Contractor rolling the entire surface with approved mechanical equipment while the Geotechnical Engineer observes the subgrade for displacement or deformation. E. Quantification of Rock Excavation: Quantification of rock shall not be required as all excavation is unclassified. END OF SECTION

31 00 00 - 9 SECTION 31 10 00 SITE CLEARING PART 1 - GENERAL

1.01 SUMMARY

A. Work Included: Work shall be completed as described in this section and shall include the furnishing of all labor, material, equipment, and appurtenances to remove all tree stumps, trees, limbs, sod, topsoil, and rubbish from construction area and dispose of said material in an approved location. Stockpile topsoil in an approved area for later use during final grading and restoration. Furnish all labor materials, supplies, and equipment necessary to provide erosion and sediment control during construction of the facilities. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 32 91 19 – Topsoil Placement and Grading ii. Section 32 92 19 – Seeding

1.02 DEFINITIONS

A. Clearing: Clearing shall consist of the felling, trimming, and cutting of trees into sections and the satisfactory disposal of the trees and other vegetation designated for removal, including down timber, snags, brush, and rubbish occurring in the areas to be cleared. B. Grubbing: Grubbing shall consist of the removal and disposal of brush, stumps, roots larger than 3 inches in diameter, and matted roots from the designated grubbing areas. C. Usable Topsoil: Topsoil to be stockpiled for restoration shall consist of friable clay loam, free from roots, stones, and other undesirable material and shall be capable of supporting a good growth of grass. D. Large Trees: Trees, limbs, and other timber having a diameter of 3 inches and greater shall be disposed of as saw logs, firewood, and other usable material. E. Brush: Brush and tree tops may be chipped, stockpiled, and used for mulch on the project.

1.03 REFERENCES

i. D448: Standard Classification for Sizes of Aggregate for Road and Bridge Construction

C. Virginia Department of Transportation - Road and Bridge Specifications (VDOT):

i. 106: Control of Material

1.04 SUBMITTALS

A. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities.

31 10 00-1 1.05 PROJECT CONDITIONS

A. Site Protection: B. Provide protection as necessary to prevent damage to existing site improvements or vegetation to remain in place as indicated on the plans. C. Protect improvements on adjoining properties and on Owner's property. D. Restore damaged improvements to their original condition, as acceptable to parties having jurisdiction in accordance with Section 32 20 00 – Site Restoration.

1.06 QUALITY ASSURANCE

A. Coordination: Coordinate clearing operations with Owner to limit clearing of work areas.

PART 2 - PRODUCTS

2.01 EROSION AND SEDIMENT CONTROL

A. Barriers:

i. Straw Bale Barriers: Straw bale barriers shall be placed in a single row, lengthwise, along the contour and embedded in the soil to a depth of three inches at locations shown on the plans and as directed by the Engineer or other agency having jurisdiction during completion of the work. Bales must be securely anchored in place by stakes or re-bars to prevent displacement. Barriers shall be inspected frequently. Repair or replacement must be made promptly if needed. Refer to the Standard Detail titled Straw Bale Barrier. ii. Silt Fences: Silt fence barriers shall be constructed by setting 1 inch x 2 inches x 3 feet stakes and excavating a 4 inches x 4 inches trench along the line of stakes. Staple silt fence to stakes and extend into trench. Backfill and compact excavated soil, anchoring silt fence. Refer to the Standard Detail titled Silt Fence.

B. Gravel Outlet Structures: Gravel outlet structures shall be constructed of ASTM D448 #2 stone or its equivalent. The bases and side slopes of the gravel shall be placed so as to conform to the dike configuration. The invert of the outlet shall be not less than six inches lower than the top of the adjoining earth dike, and the gravel shall extend to the top of the dike. Discharge from the outlet structure shall be onto an already stabilized area or watercourse. The gravel outlet structure shall be inspected for silt accumulation after each runoff- producing rain. If structure ceases to function properly due to silt accumulation, the silt shall be removed and the gravel shall be replaced. C. Temporary Interceptor Dikes: Temporary interceptor dikes shall be machine compacted and have a positive grade draining to the gravel outlet structure. Periodic inspection and maintenance of the dike shall be provided to insure proper functioning of the dike. D. Construction Entrance/ Exit: Adequate stone shall be applied prior to and during construction to control dust, erosion, siltation, tracking of mud onto public roads, and to maintain normal traffic. E. Permanent Measures: Permanent erosion and sediment control shall be in accordance with this section and Section 32 92 19 – Seeding. Schedule excavation, fill, finish grading, and seeding work in such a manner as to minimize exposure to erosive forces.

31 10 00-2 PART 3 - EXECUTION

3.01 CLEARING AND GRUBBING

A. Staking:

i. Areas to be cleared shall be staked on the ground by the Contractor and approved by the Owner before clearing operations are begun. Contractor shall obtain services of a licensed Engineer or Land Surveyor for purposes of facilities layout. Locations to be field staked by the Contractor and approved by Owner’s Representative or Engineer prior to any construction.

B. Protection of Trees:

i. Owner shall mark any trees within the limits of clearing, 4 inches in diameter or greater, which are desired to be saved for landscaping purposes. Contractor shall take whatever measures deemed necessary to protect marked trees throughout the duration of construction.

C. Clearing:

i. All trees, stumps, roots, brush, and other vegetation in areas to be cleared shall be cut off flush with or below the original ground surface, except such trees and vegetation as may be indicated on the plans to be left standing. Trees designated to be left standing within the more cleared areas shall be trimmed of dead branches 1-1/2 inches or more in diameter or as directed by the Owner. Limbs and branches to be trimmed shall be neatly cut close to the trunk of the tree or main branches. Trees and vegetation to be left standing shall be protected from damage incident to clearing, grubbing, and construction operations by the erection of barriers or by such other means as the circumstances require.

D. Grubbing:

i. Material to be grubbed, together with logs and other organic debris not suitable for foundation purposes, shall be removed to a depth of not less than 18 inches below the original surface level of the ground in areas indicated to be grubbed and in areas indicated as construction areas under this Contract, such as areas buildings, and areas to be paved. Depressions made by grubbing shall be filled with suitable material and compacted to make the surface conform with the original adjacent surface of the ground.

3.02 DISPOSAL OF MATERIALS

A. Disposal:

i. Carry out disposal of debris and unsuitable or surplus material in accordance with the VDOT 106. In all cases, the Contractor shall be responsible for obtaining a suitable disposal site.

31 10 00-3 B. Trees:

i. All felled timber from which saw logs, pulpwood, posts, poles, ties, mine props, or cord- wood can be produced shall be considered salable timber, and shall be trimmed of limbs and tops, sawed into salable lengths and removed from the site by the Contractor.

C. Burning or Removing from Site:

i. Logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations shall not be burned on site. Permission to dispose of such products on private property shall be in writing, and a copy of this permit shall be filed with the Owner.

3.03 DRAINAGE

A. General: The Contractor shall be responsible for proper drainage of the site during construction of the project. Water shall not be allowed to accumulate in any of the excavated areas. Storm or ground water collecting on the site during construction shall be removed by pumping, ditching or other suitable means.

3.04 STOCKPILING

A. Topsoil: Topsoil shall be stripped from all excavation and fill areas and stockpiled in an approved area until needed for finish grading. Stockpiles shall be seeded within 10 days of construction. Silt fence shall also be maintained around the stockpiles until mature vegetation is established on the stockpile. B. Spreading of Topsoil: The spreading of topsoil shall be in accordance with Section 32 91 19 – Topsoil Placement and Grading in these specifications. C. Mulch: Chipped brush to be used in the project as landscaping mulch shall be stockpiled in an approved area until needed. Stockpile shall be maintained to prevent contamination of the material.

END OF SECTION

31 10 00-4 SECTION 31 23 33 TRENCHING AND BACKFILLING PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: Excavation and preparation of trenches as shown on the plans and specified herein, backfilling and site restoration. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 55 26 – Traffic Control ii. Section 31 00 00 – Earthwork iii. Section 31 10 00 - Site Clearing iv. Section 32 10 00 – Bases, Ballasts, and Paving v. Section 32 92 19 – Seeding

1.02 REFERENCES

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. American Society for Testing and Materials Publications (ASTM) :

i. D448: Standard Classification for Sizes of Aggregate for Road and Bridge Construction ii. D698: Test Method for Laboratory Compaction Characteristics of Soils Using Standard Effort (12,400 ft-lbf/ft3) iii. D1556: Standard Test Method for Density and Unit Weight of Soil In Place by the Sand-Cone Method iv. D1557: Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modi- fied Effort (56,000 ft-lbf/ft3)(2,700kN-m/m3) v. D2167: Standard Test Method for Density and Unit Weight of Soil In Place by the Rubber Bal- loon Method vi. D2487: Standard Classification of Soils for Engineering Purposes (unified Soil Classification Sys- tem) vii. D2922: Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Meth- ods (Shallow Depth) viii. D4318: Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils

C. Virginia Department of Labor and Industry - Occupational Safety and Health Standards for the Con- struction Industry.

i. Subpart P: Excavations, Trenching, and Shoring ii. Subpart U: Blasting and the Use of Explosives

31 23 33 - 1 1.03 DEFINITIONS

A. Controlled Fill: Controlled fill is required beneath all areas on which final grade is not placed on original excavated soil. B. Unclassified Excavation: For the purposes of payment, material shall not be classified regardless of material encountered. C. Satisfactory Materials: Materials classified by ASTM D2487 as GW, GP, GM, GC, SW, SP, SM, SC, ML, and CL are satisfactory as fill for overlot grading and are satisfactory in-situ. D. Unsatisfactory Materials: Materials classified by ASTM D2487 as OL, OH, MH, CH, and PT are unsatisfactory in-situ and as fill. Unsatisfactory materials also include those materials containing roots and other organic matter, trash, debris, frozen materials, and stones larger than 6 inches. Unsatis- factory materials also include man-made fills, refuse, or backfills from previous construction. E. Cohesionless and Cohesive Materials: Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Cohesionless materials include materials classified in ASTM D2487 as GW, GP, SW, and SP. Materials classified as GM and SM will be identified as cohesionless only when the fines have plasticity index as measured by ASTM D4318 of zero. F. Degree of Compaction: Degree of compaction is a percentage of the maximum density obtained by the test procedure presented in ASTM D698 or ASTM D1557 as specified, abbreviated above as a percent of laboratory maximum density. G. Topsoil: Material obtained from excavations, suitable for topsoils, shall consist of friable clay loam, free from roots, stones, other undesirable material and shall be capable of supporting a good growth of grass. H. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material that exceed 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock excavating equipment equivalent to the following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting, when permitted:

i. Excavation of Footings, Trenches, and Pits: Late-model, track-mounted hydraulic excavator; equipped with a 42-inch- (1065-mm-) wide, maximum, short-tip-radius rock bucket; rated at not less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,090 lbf (125 kN) and stick-crowd force of not less than 18,650 lbf (83 kN); measured according to SAE J-1179. ii. Bulk Excavation: Late-model, track-mounted loader; rated at not less than 210-hp (157-kW) flywheel power and developing a minimum of 48,510-lbf (216-kN) breakout force with a general-purpose bare bucket; measured according to SAE J-732.

I. Unyielding Material: Unyielding material shall consist of rock and gravelly soils with stones greater than 18 inches in any dimension. J. Unstable Material: Unstable material shall consist of materials too wet to properly support the utility pipe, conduit, or appurtenant structure.

31 23 33 - 2 K. Select Granular Material: Select granular material shall consist of well-graded sand, gravel, crushed stone or crushed slag composed of hard, tough and durable particles, and shall not contain more than 10 percent by weight of material passing a No. 200 mesh sieve. The maximum allowable aggregate size shall be 1 inch, or the maximum size recommended by the pipe manufacturer, whichever is smaller. L. Initial Backfill Material: Initial backfill material shall consist of select granular material or satisfactory materials free from rocks 1 inch or larger in any dimension.

1.04 QUALITY ASSURANCE

A. Testing Results: Copies of all laboratory and field test reports shall be submitted to the Engineer within 72 hours of the completion of the test.

PART 2 - PRODUCTS

2.01 PLASTIC MARKING TAPE

A. General: Plastic marking tape shall be acid and alkali-resistant polyethylene film, 2 inches wide with minimum thickness of 0.004 inches. Tape shall have a minimum strength of 1750 psi lengthwise and 1500 psi crosswise. The tape shall be manufactured with integral wires, foil backing or other means to enable detection by a metal detector when the tape is buried up to 3 feet deep. The tape shall be of a type specifically manufactured for marking and locating underground utilities. The metallic core of the tape shall be encased in a protective jacket or provided with other means to protect it from corrosion. Tape color shall be as specified in Table 1 and shall bear a continuous printed inscription describing the specific utility.

PART 3 - EXECUTION

3.01 GENERAL

A. Classification: Refer to the Specification Section 31 0000 Earthwork. B. Clearing

i. General: Only that portion of the work area actually needed for construction shall be cleared unless directed otherwise by the Engineer. In no case shall clearing or debris from clearing operations be taken past rights-of-way lines or designated work areas. Areas disturbed by construction operations shall be protected from erosion by suitable methods outlined in the Vir- ginia Erosion and Sediment Control Handbook.

3.02 EXCAVATION AND PREPARATION OF TRENCH

A. Depth: Depth of trenches shall be as shown on plans and cut sheets except that the trench shall be excavated to allow for a depth of 1/4 of the pipe's outside diameter or a minimum of 4 inches of ASTM D448 #68 aggregate bedding (or as shown on the plans) in earth and 6 inches of aggregate bedding in rock for gravity sewer.

31 23 33 - 3 B. Width: Width shall be sufficient to allow pipe installation without walking or standing on pipe. The trench width at a point 12 inches above the top of the pipe shall not be less than 6 inches and not more than 12 inches on each side of the pipe's largest diameter unless otherwise directed by the Engineer. C. Unsuitable Material: Wet or otherwise unsuitable soil at the subgrade shall be removed and replaced with compacted ASTM D448 #357 stone to the bottom of the normal trench bedding; such undercutting, when authorized, shall be compensated in accordance with the proposal form. Excess or unsuitable materials shall be disposed of by the Contractor on the project site where directed and approved by the Owner. D. Rock Excavation: Ledge rock, boulders, and large stones shall be removed to provide a clearance of at least 6 inches below and on each side of all pipe, manholes, valves or other appurtenances and overdepth shall be backfilled with satisfactory material and compacted in conformance with BACKFILLING subsection. When required, the undercutting of rock beyond the require trench cut- lines and the corresponding backfill will be paid for as provided for under the unit prices established on the bid form for the removal of unsuitable materials and backfill corresponding thereto. E. Topsoil: Topsoil shall be stripped from excavation area and stockpiled in approved area until needed for finish backfill and grading. F. Trench Protection: The Contractor shall furnish and erect such sheathing, bracing and shoring, and shall furnish necessary signs, barricades and temporary lighting as may be pertinent for the protection of his work, employees, the public, adjacent structures, and to guard against contingencies which might give rise to delays in the work. Sheathing left in place shall be at the Contractor's expense. Where trench wall sloping is necessary for safety or other reasons, the Engineer shall be notified to determine if additional strength pipe will be required. Responsibility for preservation of trench banks and other excavated spaces and the prevention of injury to any persons or property shall rest entirely with the Contractor. A maximum of 200 feet of trench for each crew will be allowed open at any one time. Trench construction and safety shall be governed by the Occupational Safety and Health Standards for the Construction Industry, Subpart P. G. Pumping, Bailing, and Draining: The Contractor shall remove any water which may accumulate or be found in the trenches or other excavations and shall keep the excavations clear of water while work is being installed, unless approval to the contrary is granted by the Engineer. H. Blasting: Blasting when permitted shall be in accordance with Section 31 00 00 – Earthwork. I. Cleated Equipment: No cleated equipment shall be used on pavements. Road drainage shall not be clogged, and shoulders, ditches, roadside drainage facilities and pavement affected by trenching operations shall be maintained in a condition satisfactory to the Owner. Entrances shall not be blocked except for short periods as arranged with the owner, and ingress and egress to adjacent property shall be maintained at all times.

31 23 33 - 4 3.03 WORK WITHIN ROAD RIGHTS-OF-WAY

A. Traffic Control: Typical traffic control for utility work on road rights-of-way shall comply with VDOT Work Area Protection Manual traffic control details. B. Traffic Routing: Traffic shall not be blocked or re-routed without permission from the Owner and VDOT. Where one way traffic is permitted to be maintained, it shall be flagged 24 hours per day. Traffic shall at all times be properly protected by adequate lights, barricades and signs, and also flagmen when needed. Traffic control shall be provided in accordance with Section 01 55 26. C. Erosion and Siltation Control: At all locations straw barriers, silt fence, silt settlement basins, brush barriers or other measures are to be utilized in prevention of erosion and siltation. D. Trenches: No trench within VDOT rights-of-way can remain open overnight. E. Roadway Crossings: When roadway pavement must be open cut for the installation of a utility, all work is to be performed in strict compliance with the procedures and work results spelled out in VDOT’s Special Provisions for Pavement Open Cuts (VDOT Document LUP-OC). In VDOT rights-of- way cutting of pavement or open cutting ditches for utility installation shall be requested via the “Request for Pavement Open Cut” form (VDOT LUP-OC) and shall then be approved in writing by that agency prior to any work; Contractor shall be responsible for any bonding of such work.

3.04 WASTE AREAS

A. General: Unless specific “waste areas” have been designated on the site plan, all unsuitable and surplus material shall be disposed of off-site in accordance with Section 31 10 00 – Site Clearing.

3.05 COORDINATION

A. General: The Contractor shall notify the Owner in advance of commencing work and in the event of the necessity of disrupting utility or other services to such property, he shall notify the Owner or responsible person in charge of such utility or other services and arrange for the disruption and restoration of such service in a manner which will result in a minimum of inconvenience to parties concerned.

3.06 BACKFILLING

A. Materials: All backfill materials shall be free from mud, refuse, construction debris, organic material, boulders, frozen or otherwise unsuitable material. Initial backfill shall be as defined in this section. Remaining backfill may contain stones up to 3 inches in their greatest dimension, unless otherwise specified. The Contractor may backfill with the excavated material, provided it meets the conditions as stated above. B. Gravity Sewer Bedding: Unless superseded by a more stringent standard of the local authority or jurisdiction, all bedding shall be required on all gravity sewer lines and shall be in accordance with applicable VDOT Standards (VDOT Road and Bridge Standards, latest edition), including the VDOT Standard UB-1 Type 3 detail, PB-1 standard, and PC-1 standard.

31 23 33 - 5 C. Pressure Pipe Bedding: Unless superseded by a more stringent standard of the local authority or jurisdiction, all bedding shall be required on all pressure pipe installations and shall be in accordance with applicable VDOT Standards (VDOT Road and Bridge Standards, latest edition), including the VDOT Standard UB-1 Type 2 detail. D. Trench Backfilling and Compaction: Backfill and the compaction thereof of utility trenches shall be in accordance with requirements for Controlled Fill as specified in Section 31 00 00 – Earthwork for each area classification including size (thickness) of lifts, compacted density requirements, frequency of tests, etc.

i. In Uncontrolled Areas: Initial backfill shall be with select material to a depth of at least one foot over the pipe and compacted prior to placement of remaining backfill. Initial backfill shall be placed in lifts not to exceed 6 inches (prior to compaction). Remaining backfilling shall be carried up evenly in lifts not to exceed 12 inches (loose). Backfill in trenches outside of proposed pavement areas or street rights-of-way, or in other areas when allowed by the Engineer, shall be compacted in accordance with compaction requirements established in Section 31 00 00 – Earthwork. Care shall be taken to prevent damage to pipe or other structures during compaction. Damage to pipelines or other structures resulting from compaction shall be corrected by the Contractor without expense to the Owner. ii. In Controlled Areas: Backfill under pavement, proposed pavement, or in areas within rights-of- way shall be in layers of selected earth not more than 6 inches in thickness, and each layer shall be compacted in accordance with compaction requirements established in Section 31 0000 – Earthwork.

E. Marking of Pipelines: Marking of pipelines shall be required for all utility pipelines, using a metallic marking tape. The marking tape shall be installed along the entire length of the pipe line. F. Backfill Testing: Testing of utility trench backfill compaction shall be in accordance with requirements for Controlled Fill as specified in Section 31 00 00 – Earthwork for each area classification including size (thickness) of lifts, compacted density requirements, frequency of tests, etc. The test shall be repeated until satisfactory results are obtained. In addition to visual inspection of all subgrade and excavations, the Geotechnical Engineer shall be present onsite for visual observation and inspection during all backfilling operations; it will be the Contractor’s responsibility to coordinate in advance with the Geotechnical Engineer so as to have proper observation during backfilling operations.

i. Normal Testing Frequency: The Geotechnical Engineer shall direct the number and location of tests performed. Unless otherwise directed by the Geotechnical Engineer, perform not less than one field density test for every 2,500 sq. ft. of area, and in no case fewer than four tests no further apart than 50 feet. In utility trenches, perform one test per 50 linear feet of trench. ii. Expanded Testing Requirements: If normal testing within a test section indicated unacceptable backfill, the Engineer or Owner may require additional testing within the same test section to determine the limits of unacceptable backfill. Additional testing required by the Owner’s representative shall not exceed testing of 4 additional locations within the test section. Unac-

31 23 33 - 6 ceptable backfill within the limits established by the testing shall be removed and replaced by the Contractor at no additional cost to the Owner. Additional testing beyond that required may be performed by the Contractor at his expense to further delineate limits of unacceptable backfill. iii. Additional Testing: Testing beyond the normal frequency or expanded testing required which is requested by the Engineer or Owner, and approved by the Owner, shall be at the Owner's expense.

G. Finished Surfaces: Uniformly smooth grading of disturbed areas shall be required after backfill and compaction. Ditches and gutters shall be finished to drain readily. In grass or lawn areas, the last 4 inches of compacted fill will consist of topsoil or an approved soil which will support a turf growth after fertilizing and seeding. Settlement or other damage that occurs prior to acceptance of this work shall be repaired and grades satisfactorily re-established. H. Quality Assurance: The Contractor will be responsible for and shall repair any settlement in the backfill or pavement for a period of one year after completion of the work.

3.07 SITE RESTORATION

A. General: Upon completion of utility installation, contractor shall return site to former state according to Section 32 20 00 – Site Restoration. B. Drainage Improvements: The Contractor shall restore and/or repair all drainage ways and swales including paved or concrete channels as part of this work to a condition equal to that before the work began. Damaged drainage facilities shall be replaced. Restored ditches and swales shall provide positive drainage from roadways. Drainage restoration within VDOT rights-of-way shall be to the satisfaction of the Virginia Department of Transportation. C. Cleanup: The Contractor shall at all times keep the site cleaned to the satisfaction of the Owner’s representative. In all cases, he shall "broom" the surfaces of paved streets immediately following backfilling. All surplus materials shall be removed and disposed of from the site of the work unless directed otherwise by the Engineer. Where material is placed on pavement, a layer of stone dust or sand shall be applied first to facilitate clean-up.

END OF SECTION

31 23 33 - 7 SECTION 31 25 13 EROSION AND SEDIMENT CONTROL PART 1 - GENERAL

1.01 SUMMARY

A. Section Includes: Contractor shall furnish all labor, materials, supplies, equipment, and appurtenances necessary for the complete and satisfactory construction and maintenance of the erosion control measures shown on the plans and indicated in the Erosion and Sediment Con- trol Narrative for the project. Properties and natural waterways adjacent to the site of land disturbance shall be protected from sedimentation by the use of the erosion control and storm water drainage measures shown on the plans and as may be deemed necessary by the Engineer during construction. B. Related Sections:

i. Section 01 33 00 – Submittal Procedures ii. Section 01 66 00 – Product Storage and Handling Requirements iii. Section 33 41 00 – Storm Utility Drainage Piping iv. Section 32 91 19 – Topsoil Placement and Grading v. Section 32 92 19 – Seeding vi. Section 32 92 20 – Trees, Plants, and Ground Covers

1.02 TEMPORARY MEASURES

A. General: Temporary erosion and sediment control shall be achieved by using the following measures where indicated on the plans or as required for erosion control: Straw bale barriers, temporary interceptor dikes, gravel outlet structures, and silt fence barrier. Said measures shall be constructed and made workable prior to beginning site excavation and grading work.

1.03 PERMANENT MEASURES

A. General: Permanent erosion and sediment control shall be achieved by seeding, landscaping, and drainage structures as detailed in Sections 33 41 00 – Storm Utility Drainage Piping, 32 92 19 – Seeding, 32 91 19 – Topsoil Placement and Grading, and 32 92 20 – Trees, Plants, & Ground covers of these specifications. The Contractor shall schedule excavation, fill, finish grading, and seeding work in such a manner as to minimize exposure to erosive forces. Seed- ing of exposed areas shall commence as soon as possible after excavating, backfilling, grading, or other operations have been completed and shall be maintained until an acceptable stand of turf has been developed. Slope protection shall be installed as soon as the grading is complete.

31 25 13-1 1.04 REFERENCES

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. American Society of Testing and Materials (ASTM):

i. D448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction

C. Virginia Department of Conservation and Recreation Virginia Erosion and Sediment Control Handbook (VESCH):

i. Chapter 3 State Minimum Standards and Specifications

D. Virginia Department of Transportation - Road and Bridge Specifications (VDOT):

i. 414 - Riprap

1.05 QUALITY ASSURANCE

A. General: All erosion control measures shall be in accordance with Virginia Erosion and Sedi- ment Control Handbook (VESCH), and all revisions and addenda. Methods used on site shall include, but shall not be limited to; VESCH, Chapter 3. B. Performance Requirements: The erosion control measures shall be installed such that the erosion of disturbed ground and the siltation of storm drain pipes and inlets will be prevented. C. Regulatory Requirements: All phases of the construction work shall comply with or exceed the minimum state requirements for controlling erosion and sedimentation from "land disturbing activities" as outlined in the "Virginia Erosion and Sediment Control Handbook" (VESCH), and all revisions and addenda thereto.

1.06 MAINTENANCE

A. Maintenance Service: The erosion control measures shall be maintained by the Contractor until a vegetative groundcover is achieved, which in the opinion of the Engineer, is mature enough to control soil erosion and to survive severe weather conditions.

1.07 SUBMITTALS

A. General: Shall be in accordance with Section 01 33 00 – Submittal Procedures. B. Materials: The Contractor shall submit to the Engineer shop plans or catalog cuts for: i. Materials list of items proposed to be provided under this Section. ii. Manufacturer’s specifications and other data needed to prove compliance with the specified requirements.

31 25 13-2 1.08 PRODUCT HANDLING 1.09 STORAGE AND HANDLING A. General: Shall be in accordance with Section 01 66 00 – Product Storage and Handling Re- quirements.

1.010 EROSION CONTROL NARRATIVE

A. General: The erosion control narrative prepared by the Engineer corresponding to these site plans shall be incorporated by reference into these specifications; the work described within the narrative shall be enforced as a part of the contract documents.

1.011 SITE CONDITIONS

A. Environmental Requirements: Properties and natural waterways adjacent to the site of land disturbance shall be protected from sedimentation by the use of the erosion control measures shown on the plans and in compliance with pertinent erosion and sediment control practices. B. Vegetation: When conditions detrimental to plant growth are encountered such as rubble fill, adverse drainage conditions or obstructions, the Contractor shall notify Architect/Engineer before planting. C. Planting Time: Times shall be in accordance with VESCH 3.32 Permanent Seeding.

PART 2 - MATERIALS

2.01 GENERAL

A. Straw Bale Barriers: Straw bale barriers shall be placed in a single row, lengthwise, along the contour and embedded in the soil to a depth of three inches. Bales must be securely anchored in place by stakes or re-bars to prevent displacement. Barriers shall be inspected frequently and repair or replacement must be made promptly if needed. B. Silt Fencing: Silt fence barriers shall be constructed by setting 1 inch x 2 inches x 3 feet stakes and excavating a 4 inch x 4 inch trench along the line of stakes. Staple fencing to stakes and extend into trench. Backfill and compact excavated soil, anchoring silt fence. C. Super Silt Fence:

i. The chain link fence fabric height shall be 42 inches and the pole length shall be 72 inches. ii. The poles do not need to be set in concrete. iii. The chain link fence fabric and the first layer of filter fabric shall be imbedded in the ground a minimum of 8 inches. iv. Post bracing and truss rods will not be required. v. The filter fabric shall meet the requirements of VESCH Standard and Specification 3.05.

31 25 13-3 vi. The filter fabric shall be secure to the chain link fence fabric with ties spaced at 24 inch centers along the top and mid-section. vii. Once sedimentation has reached half of the Super Silt Fence height, all accumulated sediment shall be removed and disposed of as directed by the Architect/Engineer. viii. The Contractor shall inspect all super silt fences after each rainfall event of at least 0.5 inches or greater. Any deficiencies or damage shall be repaired by the Contractor. If the Super Silt Fence is damaged or inadvertently moved during the sedimentation removal process, the contractor shall immediately replace and/or repair any Super Silt Fence after the damage occurs. The Contractor shall be responsible for all details, devices, accessories and special construction necessary to properly furnish, install, adjust and place in continuous satisfactory service and complete the work in an acceptable manner.

D. Gravel Outlet Structures: Gravel outlet structures shall be constructed of ASTM D448 #2 stone or its equivalent. The bases and side slopes of the gravel shall be placed so as to conform to the dike configuration. The invert of the outlet shall be not less than six inches lower than the top of the adjoining earth dike, and the gravel shall extend to the top of the dike. Discharge from the outlet structure shall be onto an already stabilized area or watercourse. The gravel outlet structure shall be inspected for silt accumulation after each runoff- producing rain. If structure ceases to function properly due to silt accumulation, the gravel shall be replaced. E. Temporary Interceptor Dikes: Temporary interceptor dikes shall be machine compacted and have a positive grade draining to the gravel outlet structure. Periodic inspection and maintenance of the dike shall be provided to insure proper functioning of the dike. F. Construction Entrance: Adequate stone shall be applied at entrances to the work area required or shown on the plans prior to and during construction to control dust, erosion, siltation and to maintain normal traffic. Stone used to construct the temporary construction entrance shall be ASTM D448 #1 or #2 stone as shown on the plans. G. Riprap: Riprap shall be a rubble stone riprap, 50 to 150 pounds each, similar to VDOT 414 Class I, unless shown otherwise on plans. H. Soil Stabilization Mat: Mat shall be a degradable multi-layered soil stabilization blanket consisting of a netting of polyethylene, nylon, vinyl, or other material intertwined with a natural organic or manmade mulch, a jute mesh or excelsoir mat specifically manufactured for maintaining soil slopes until vegetation becomes established. Soil stabilization mat shall be provided by a manufacturer from VDOT’s “Approved Products List” as described in VESCH 3.36. I. Permanent Seeding: Seeding shall be in accordance with Section 32 92 19 – Seeding.

31 25 13-4 PART 3 - EXECUTION

3.01 PREPARATION

A. General: Work shall be performed in accordance with Virginia Erosion and Sediment Control Handbook (VESCH) for appropriate installation procedures. B. Surface Preparation for Stabilization Mat: Any storm drainage channel in which soil stabilization mat is to be installed shall be prepared for installation of the mat according to the mat manufacturer's recommendations. Any areas which are to be covered with a soil stabilization mat shall be protected from erosion prior to the installation of the mat. The protection shall include, but not be limited to, the installation and maintenance of silt fences, straw bale barriers, and temporary diversion dikes. C. Rip Rap: Excavation of slopes, ditches, or roadways where riprap is to be placed shall be of sufficient depth to achieve finished grades shown on the plans or details. Riprap shall be in accordance with VESCH 3.19. D. Cut and Fill Slope Preparation: Cut and fill slopes shall be constructed in a manner which will minimize erosion, in accordance with the following:

i. All slopes steeper than 3:1 shall require surface roughening, either stair-step grading, grooving, furrowing, or tracking, if stabilized with vegetation, in accordance with VESCH 3.29. ii. Areas with grades less than 3:1 shall have the soil surfaced lightly roughened and loosened to a depth of 4 inches prior to seeding. iii. Areas which have been graded and will not be stabilized immediately shall be roughened to reduce runoff velocity until seeding takes place. iv. Slopes with a stable rock face do not require roughening or stabilization.

3.02 CONSTRUCTION SEQUENCE

A. General: The Contractor shall establish a plan for construction sequence so as to minimize the effects of erosion.

3.03 INSTALLATION AND APPLICATION

A. Silt Fence: Silt fences shall be installed in accordance with VESCH 3.05 and the following:

i. Installed height of silt fence shall not exceed 36 inches. ii. Filter fabric splice joints shall occur only at a support post, minimum 6 inch overlap, and securely sealed. iii. Posts shall be spaced a maximum of 10 feet on centers at the barrier location and driven securely into the ground (minimum of 12 inches). When extra strength fabric is used without wire support fence, post spacing shall not exceed 6 feet on centers.

31 25 13-5 iv. A trench shall be excavated approximately 4 inches wide and 4 inches deep along the line of posts and upslope from the barrier. Eight inches of fabric shall be extended into the trench. The trench shall be backfilled and the soil compacted over the filter fabric. v. For extra strength filter fabric installation utilizing closer post spacing, the wire mesh support fence may be eliminated. In such case, the fabric is attached to the upslope side of the posts using heavy-duty wire staples, minimum 1 inch long, or tie wires. vi. Filter fabric shall not be stapled to existing trees. vii. Silt fences shall be removed when they have served their useful purpose, but not before the upslope area has been permanently stabilized.

B. Super Silt Fence:

i. The chain link fence fabric height shall be 42 inches and the pole length shall be 72 inches. The poles do not need to be set in concrete. ii. The chain link fence fabric and the first layer of filter fabric shall be imbedded in the ground a minimum of 8 inches. Post bracing and truss rods will not be required. iii. The filter fabric shall meet the requirements of VESCH 3.05. The filter fabric shall be secure to the chain link fence fabric with ties spaced at 24 inch centers along the top and mid-section.

C. Stone and Riprap:

i. Stone on the temporary construction entrance shall be installed to a minimum depth of 1 foot. ii. Riprap shall be installed to the depth of 18 inches or as indicated on the plans, in accordance with VDOT 414. Stone shall be placed such that top of stone be within +/-2 inches of the finished grades shown on the plans or details.

D. Temporary Diversion Dike:

i. A temporary diversion ridge of compacted soil shall be located at the top and/or base of sloping disturbed areas in accordance with VESCH 3.09. Dike shall divert storm runoff from higher drainage areas away from unprotected slopes to a sediment trapping facility or to a stabilized outlet. ii. The minimum allowable height measured from the upslope side of the dike shall be 18 inches (except where dike is part of the proposed silt trap). iii. Sideslopes shall be 1.5:1 or flatter. Minimum base width is 4.5 feet. iv. The channel behind the dike shall have positive grade to a stabilized outlet. Channel slope less than or equal to 2 percent shall require no stabilized outlet. Slope greater than 2 percent shall be stabilized in accordance with VESCH 3.17.

31 25 13-6 E. Temporary Sediment Trap:

i. A small temporary ponding area shall be constructed of earthen embankment with a gravel outlet across a drainage swale to detain sediment laden runoff from the disturbed areas to allow the majority of the sediment to settle out, as per VESCH 3.13. The sediment trap shall be constructed independently or in conjunction with temporary diversion dike. ii. The sediment trap shall have an initial storage volume as indicated on the plans, half of which shall be in the form of a permanent pool (see erosion control plan for required grading). iii. If excavation is required to attain the required storage volume, side slopes shall not exceed 2:1 except for the excavated wet storage area which may be at a maximum 1:1 grade. iv. The outlet for the sediment trap shall consist of a crushed stone section of the embankment located at the low point in the basin. The crest of the outlet shall be at least 1.0 feet below the top of the embankment during peak flow conditions. The outlet shall be constructed as shown in VESCH 3.13. v. Sediment shall be removed and the trap restored to its original dimensions when the sediment has accumulated to 1/2 the designed volume of the trap. Sediment removed from the basin shall be deposited in a suitable area and in such a manner that it will not erode. vi. The structure shall be checked regularly to insure that it is structurally sound and has not been damaged by erosion or construction equipment. The height of the outlet shall be checked to insure that its center is at least one foot below the top of the embankment.

F. Sediment Trap Embankments:

i. The maximum height of the sediment trap embankment shall be measured from the low point. Minimum top widths and outlet heights for various embankment heights shall be in accordance with VESCH 3.13. ii. Sediment traps shall be removed after the contributing drainage area is stabilized. Sed- iment trap areas shall be restored to original or proposed final grades. iii. The area under the embankment shall be cleared, grubbed, and stripped of any vegetation and root mat to facilitate cleanout. The pool area shall be cleared. iv. Fill material for the embankments shall be free of roots or other woody vegetation, organic materials, large stones, and other objectionable material. The embankment shall be compacted in 8 inch layers by transversing with construction equipment. v. The earthen embankment shall be seeded with temporary or permanent vegetation within 15 days of construction. vi. Construction operations shall be implemented in such a manner that erosion and water pollution are minimized.

31 25 13-7 vii. All cut and fill slopes shall be 2:1 or flatter.

G. Construction Access Routes: Wherever construction vehicle access routes intersect paved public roads, provisions must be made to minimize the transport of sediment (mud) by runoff or vehicle tracking onto the paved surface (VESCH 3.02 and 3.03). Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly as necessary to prevent accumulation of dust, mud and siltation that create pollution or hazardous conditions. At the end of each day the paved surface shall be thoroughly cleaned to remove any/all evidence of dust, mud and siltation. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner. H. Construction Entrance: The construction entrance shall be stabilized in accordance with these specifications. Adequate stone shall be applied prior to and during construction to control dust, erosion, siltation and to maintain normal traffic. I. Temporary Seeding: Provide temporary seeding in accordance with Section 32 92 19 – Seed- ing, and VESCH 3.31. Provide temporary seeding of any areas when planting time does not permit permanent seeding within 30 days after completion of subgrades and on soil stockpiles. J. Straw Bale Barriers: Straw bale barriers shall be placed in a single row, lengthwise, along the contour and embedded in the soil to a depth of three inches. Bales must be securely anchored in place by stakes or steel reinforcing-bars to prevent displacement. Barriers shall be inspected frequently and repair or replacement must be made promptly if needed. K. Gravel Outlet Structures: The bases and side slopes of the gravel shall be placed so as to conform to the dike configuration. The invert of the outlet shall be not less than six inches lower than the top of the adjoining earth dike, and the gravel shall extend to the top of the dike. Discharge from the outlet structure shall be onto an already stabilized area or watercourse. The gravel outlet structure shall be inspected for silt accumulation after each runoff- producing rain. If structure ceases to function properly due to silt accumulation, the silt shall be removed and gravel shall be replaced.

3.04 MAINTENANCE

A. Duration: The erosion control measures shall be maintained by the Contractor until all work covered by this contract is completed and permanent stabilization of disturbed areas has been achieved. B. Silt Fence and Super Silt Fence:

i. Decomposed or ineffective silt fence or filter barriers shall be replaced promptly. ii. Sediment deposits shall be removed when deposits reach approximately one-half the height of the barrier. Sediment shall be removed from the site and disposed at an approved waste area.

31 25 13-8 iii. Any sediment deposits remaining in place after the silt fence or filter barrier is no longer required shall be dressed to conform with the existing grade, then prepared and seeded.

C. Construction Entrance Inspection: The Contractor shall inspect the construction entrance periodically. The stone in the construction entrance shall be replaced when, in the opinion of the Contractor, Owner, or Engineer, an excessive amount of mud is being carried into the public right-of-way. D. Disposal: All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the Engineer. Trapped sediment and other disturbed soil areas resulting from disposition of temporary measure shall be permanently stabilized to prevent further erosion and sedimentation.

3.05 FIELD QUALITY CONTROL

A. General: All erosion control facilities shall be inspected by the Contractor weekly and after each significant rainfall. Inspection shall be performed daily during periods of prolonged pre- cipitation. Any required repairs shall be made immediately.

END OF SECTION

31 25 13-9 SECTION 31 73 19 ELECTRICAL UNDERGROUND DUCTS

PART 1 - GENERAL

1.01 SCOPE

A. Furnish all labor, material, equipment and services necessary to install all underground conduit as generally shown on the Drawings and in accordance with these Specifications.

1.02 REFERENCES A. National Electrical Manufacturer’s Association i. TC-2: Electrical PVC Conduit ii. TC-3: Polyvinyl Chloride (PVC) Fittings for Use with Rigid PVC Conduit and Tubing

PART 2 - PRODUCTS

2.01 GENERAL

A. Underground conduit shall be polyvinyl chloride, Schedule 40, UL rated or approved equal. Minimum size conduit shall be 1”. B. All conduit and fittings shall be solvent cemented in applications in accordance with instructions from the manufacturer. C. PVC conduit may be used for underground feeder and underground branch circuits. D. PVC coated rigid steel conduit elbows and riser sections may be used to transition from underground raceways to a point 4” above grade. E. Material shall comply to NEMA Specification TC-2, TC-3, UL-514, and UL-651 (Standard for rigid nonmetallic conduit). F. Conduit shall be made from polyvinyl chloride C-300 compound which includes inert modifiers to improve weatherability and heat distortion. Clean rework material, generated by the manufacturer’s own conduit production, may be used by the same manufacturer, provided the end products meet the requirements of this specification. Conduit fittings and cement shall be produced by the same manufacturer to assure system integrity. G. Conduit and fittings shall be tested in accordance with the testing requirements defined in NEMA TC-3, UL-651 and UL-514 (fittings). The acceptance criteria shall be as given in the same standards. All conduit and fittings shall be solvent cemented in applications in accordance with instructions from the manufacturer. H. Thread lubricant/sealant shall be applied to all screw thread joints in raceway and outlet box systems and shall be Crouse-Hinds type STL except, when required on joints for heat producing elements such as lighting fixtures, it shall be Crouse-Hinds type HTL. I. Contractor shall provide No. 14 galvanized iron or 5/32” polyethylene rope with 3’ of slack at each end, in all empty conduits. J. Conduit joints shall be staggered by rows and layers to provide a duct line of maximum strength.

31 73 19 - 1 2.02 RIGID STEEL CONDUIT

A. Low carbon, hot-dipped galvanized inside, outside, and threaded ends. Conduit shall conform to ANSI Standard C80.1 and UL Standard #6 and shall be 1” minimum size. Couplings, elbows and nipples shall be of the same classification as conduit. Conduit and accessories shall be Wheatland or approved equal. Use rigid steel conduit in all exposed, above-ground locations unless otherwise indicated.

2.03 INSULATED BUSHINGS

A. Type BLG or SBT, as applicable, by O-Z or Series B1900 or Series TC700, as applicable, by Steel City.

PART 3 - EXECUTION

3.01 GENERAL A. The arrangement of the conduit shall be as indicated on the Construction Drawings. B. Conduit shall be laid to a minimum grade of 4” per 100’. C. The top of the conduit shall be not less than 24” below finished grade.

END OF SECTION

31 73 19 - 2

SECTION 32 10 00 BASES, BALLASTS, AND PAVEMENTS PART 1 - GENERAL

1.01 SUMMARY

A. Work Included: This Section includes specifications for the furnishing of all equipment, material, and labor in connection with concrete walks, curb and gutters, curb ramps, and paving of parking areas. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 33 00 – Submittal Procedures ii. Section 03 30 01 – Cast-in-Place Concrete for Sitework iii. Section 31 00 00 – Earthwork iv. Section 31 10 00 – Site Clearing

1.02 REFERENCES

i. A117: Tolerances for Concrete Construction and Materials ii. 301: Specifications for Structural Concrete iii. 318: Building Code Requirements for Structural Concrete (ACI 318-99) and Commentary (ACI 318R-99) iv. 306R: Standard Specification for Cold Weather Concreting v. 347R: Guide to Formwork for Concrete

C. American Society for Testing and Materials (ASTM)

i. A185: Standard Specification for steel welded wire fabric, plain, for concrete reinforcement ii. A615L Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Rein- forcement iii. C29: Standard Test Method for Bulk Density (“Unit Weight”) and Voids in Aggregate iv. C94L Standard Specification for Ready-Mixed Concrete v. C150: Standard Specification for Portland Cement vi. C185: Standard Test Method for Air Content of Hydraulic Cement Mortar vii. D698: Test Method for Laboratory Compaction Characteristics of Soils Using Standard Effort (12,400 ft-lb/ft3) viii. D1751: Standard Specification for Performed Expansion Joint Fillers for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) ix. D1752: Standard Specification for Performed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction

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D. Virginia Department of Transportation Road and Bridge Specifications (VDOT):

i. 208: Subbase and Aggregate Base Material ii. 210: Asphalt Materials iii. 211: Asphalt Concrete iv. 305: Subgrade and Shoulders v. 308: Subbase Course vi. 309: Aggregate Base Course vii. 310: Tack Coat viii. 311: Prime Coat ix. 312: Seal Coat x. 314: Penetration Surface Courses xi. 315: Asphalt Concrete Pavement xii. 502: Incidental Concrete Items xiii. 504: Sidewalks, Steps, and Handrails xiv. 515: Planing Pavement

E. Virginia Department of Transportation Road and Bridge Standards (VDOT):

i. CG-2: Standard 6” Curb ii. CG-6: Combination 6” Curb and Gutter iii. CG-12A: Perpendicular Curb Ramp (Access for Mobility Impairments) iv. CG-12B: Parallel Curb Ramp Access for (Mobility Impairments) v. CG-12C: Combined (Parallel & Perpendicular) Curb Ramp (Access for Mobility Impair- ments)

F. American Association of State Highway and Transportation Officials (AASHTO):

i. T99: The moisture-density relations of soils using a 5.5 pound rammer and a 12 inch drop ii. T119: Slump of Portland Cement Concrete iii. T152: Air Content of Freshly Mixed Concrete by the Pressure Method iv. T196: Air Content of Freshly Mixed Concrete by the Volumetric Method v. T199: Air Content of Freshly Mixed Concrete by the Chance Indicator

1.03 QUALITY ASSURANCE

A. Restrictions: The VDOT Standards and Specifications shall define temperature restrictions, application procedures, mix components, and material references. All materials and application procedures shall be in accordance with VDOT Standards and Specifications. B. Cast-in Place Concrete: Unless shown otherwise, cast-in-place concrete shall comply with the Building Code Requirements for Structural Concrete (ANSI/ACI 318) and all applicable requirements of the Specifications for Structural Concrete (ANSI/ACI 301). C. Mix Designs: Do not commence placement of pavement until mix designs have been reviewed and approved by the Engineer and all governmental agencies having jurisdiction, and until copies of the approved mix designs are at the job site and the batch plant. D. Testing: The Geotechnical Engineer or Owner’s representative shall observe the following to determine if the work has been performed in accordance with these specifications:

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i. Subgrade prior to placing base stone. ii. Base stone prior to laying asphalt. iii. Surface course application.

E. It is the Contractor’s responsibility to coordinate inspections with the Geotechnical Engineer.

1.04 SUBMITTALS

A. General: Submittals shall be made in accordance with Section 01 33 00 – Submittal Proce- dures at least two weeks prior to construction. Provide submittals for the following:

i. Concrete Mix Design ii. Steel Reinforcement iii. Welded Wire Reinforcement

B. Concrete Mix Designs:

i. Within 30 calendar days after award of the Contract, and prior to proceeding with any concrete work, secure concrete mix designs from the concrete supplier, and submit to the Engineer for review and approval. ii. Distribute approved mix designs to testing laboratory, batch plant, job site, and governmental agencies having jurisdiction.

1.05 SITE CONDITIONS

A. Asphalt Paving Limitations:

i. Aggregate base course may be placed when air temperature is above 30 degrees F. ii. Apply prime and tack coats when ambient temperature is above 50 degrees F. (10 degrees C) and when temperature has not been below 35 degrees F. (1 degree C) for 12 hours immediately prior to application. Do not apply when base is wet or contains an excess of moisture. iii. Construct asphalt concrete base and surface course only when atmospheric temperature is above 40 degrees F. (4 degrees C) and when base is dry.

B. Portland Cement Concrete Limitations: Placement of concrete shall be restricted to conditions defined in Section 03 3001 – Cast-in-Place Concrete for Sitework.

1.06 MAINTENANCE

A. Streets: The Contractor shall maintain and repair existing streets as necessary during the construction period and provide for additional applications of compacted stone after completion of trenching and prior to paving, as required. B. Roadway and Parking Areas: The Contractor shall maintain and repair the road and parking areas as necessary during the construction period and provide for additional applications of compacted stone after completion of trenching and prior to paving, as required.

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PART 2 - PRODUCTS

2.01 PAVEMENT REPAIR

A. General: Pavement if disturbed, shall have the edges clean cut, then repaired with a bituminous concrete, VDOT Type SM-9.5 at least 1 1/2 times the thickness of the original surface material but in no case less than 2 inches. Pavement seal or overlay, where required, for perpendicular pavement cuts or roadway crossings shall conform to the requirements of VDOT’s LUP-OC policy document. In cases of pavement cuts parallel to the road centerline, the entire width of the pavement shall have a pavement seal or overlay applied after initial patching, extending over the entire length of the patching plus 5 feet at each end as measured along the road centerline. B. Pavement Seal for Surface Treated Pavement: Where required, pavement seal shall be performed in accordance with VDOT Sections 312 and 314 and shall consist of:

i. 1. CRS-2 Liquid Asphalt 0.30 Gal/S.Y. ii. 2. VDOT #8 Cover Stone 25 lbs/S.Y.

C. Pavement Overlay for Asphalt Concrete Pavement: Where required, pavement overlay shall be performed in accordance with VDOT Section 315 and shall consist of:

i. 1. SM-9.5 Asphalt Concrete - thickness shall be 2 inches unless otherwise indicated.

2.02 ASPHALT CONCRETE PAVING AND SURFACING

A. General: All materials and methods for the construction of the travelway and parking paving shall be in accordance with applicable provisions of the VDOT specifications referred to hereinafter by section. B. Subgrade: Subgrade shall conform to VDOT Section 305 C. Base Courses:

i. Aggregate base course shall consist of VDOT #21B aggregate base material and shall conform to VDOT Section 208. ii. Prime coat shall consist of liquid asphalt material meeting the requirements of VDOT Section 311. iii. Bituminous concrete base course shall consist of bituminous concrete base material VDOT Type BM-25.0 and conform to VDOT Section 315.

D. Intermediate Course:

i. Tack coat shall consist of liquid asphalt material meeting the requirement of VDOT Sec- tion 310. ii. Bituminous concrete intermediate course shall consist of bituminous concrete intermediate material VDOT Type IM-19.0 and conform to VDOT Section 315.

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E. Surface Course and Pavement Overlay:

i. Tack coat shall consist of liquid asphalt material meeting the requirements of VDOT Sec- tion 310. ii. Bituminous concrete surface course or overlay shall consist of bituminous concrete surface material VDOT Type SM-9.5 and shall conform to VDOT Section 211.

2.03 CONCRETE PAVEMENT AND WALKS

A. General: All concrete shall be air entrained and comply with Section 03 3001 – Cast-in-Place Concrete for Sitework. B. Formwork:

i. General: Metal forms are preferred over wooden forms for the sidewalk installation. Form work shall be designed and constructed to insure that the finished concrete will conform accurately to the indicated dimensions, lines, and elevations, and within the tolerances specified. Forms shall be of wood or steel, straight, of sufficient strength to resist springing during depositing and consolidating concrete. Wood forms shall be surfaced plank, 2 inch nominal thickness, straight and free from warp, twist, loose knots, splits or other defects. Wood forms shall have a nominal length of 10 feet. Radius bends may be formed with ¾ inch boards, laminated to the required thickness. Steel forms shall be channel-formed sections with a flat top surface and with welded braces at each end and at not less than two intermediate points. Ends of steel forms shall be interlocking and self-aligning. Steel forms shall include flexible forms and radius forming, corner forms, form spreaders, and fillers. Steel forms shall have a nominal length of 10 feet with a minimum of two welded stake pockets per form. Stake pins shall be solid steel rods with chamfered heads and pointed tips designed for use with steel forms. Pointed tips designed for use with steel forms. ii. Sidewalk Form: Sidewalk forms shall be of a height equal to the full depth of the finished sidewalk. iii. Curb and Gutter Forms: Curb and gutter outside forms shall have a height equal to the full depth of the curb and gutter. The inside form of curb shall have batter as indicated and shall be securely fastened to and supported by the outside form. Rigid forms shall be provided for curb returns, except that bender or thin plank forms may be used for curb or curb returns with a radius of 10 feet or more, where grade changes occur in the return, or where the central angle is such that a rigid form with a central angle of 90 degrees cannot be used. Back forms for curb returns may be made of 1 ½ inch benders, for the full height of the curb, cleated together.

C. Reinforcement:

i. General: Reinforcement steel shall be the size shown on the plans with all bars being billet steel, grade 40 or 60 (ASTM A615). ii. Welded Wire: Shall be placed in sidewalk areas and shall conform to ASTM A185. Size shall be as indicated on the plans.

32 10 00-5

D. Expansion Joints:

i. General: Expansion joints are to be provided at locations shown on the plans or at other locations during construction as approved by the Owner. (Joints shall be filled with a premolded expansion joint filler complying with ASTM D1751. ii. Characteristics: The expansion joint shall have the following properties: iii. Density of 25 pounds per cubic foot. iv. Asphalt content of 40 percent by volume. v. Water absorption of 9.4 percent by volume. vi. Compressive strength of 475 psi at 50 percent deflection. vii. Joint fillers shall be non-extruding, ½ inch thickness complying with ASTM D1751 specifications. viii. Surface Sealant: Sealant for the expansion joint shall be an epoxidized polyurethane material or equal designed for dynamically moving joints to withstand extension up to 40 percent and compression up to 25 percent. Color shall match concrete surface. Ma- terial shall be Tremco “Dymeric” or equal by GE, Pecora, or Dow Corning. Sealant shall not extend above the surface elevation of walks. ix. Dowelling: New sections of sidewalk shall be doweled into existing sidewalk with 10” long, #4 deformed reinforcing steel. The half of the reinforcing steel embedded in new concrete shall be sleeved with a PVC sleeve. The end of the sleeve which is embedded in the new concrete shall be sealed with plastic tape. The other half of the reinforcing steel shall be installed in holes drilled in the existing sidewalk. The dowels shall be installed 12” O.C. and shall have a minimum of 2” of concrete cover, top and bottom. All new sidewalk, utility pads, and dumpster pads shall also be doweled at expansion joints.

2.04 WHEEL STOPS:

A. Material: Compression molded composite of the 100% recycled rubber and polyurethane prepolymer B. Physical properties of the rubber composite:

i. Density 0.6 oz/cu in (ASTM C642) ii. Durometer Hardness 65A ± 7 (ASTM D2240) iii. Tensile Strength* minimum 210 psi (ASTM D412) (* main structural areas) iv. Compression deformation 10% at 70psi, 68°F (ASTM D575) v. Brittleness at Low temperature: -40°F (ASTM D746) vi. Freeze and thaw when exposed to deicing chemicals (ASTM C672) vii. Coefficient of thermal expansion 8 x10-5 in/in/°F (ASTM C531) viii. Weathering 70 hours at 158°F (ASTM D573)

(a) Hardness retained 100% (± 5%) (b) Compressive strength 100% (± 5%) (c) Tensile strength 100% (± 5%) (d) Elongation retained 100% (± 5%)

32 10 00-6

C. Available lengths: 6', 4', 3' and 22" D. Finishing: Black with in-molded reflective pavement marking tape in yellow, blue or white parallelograms. Color to be approved by Owner.

PART 3 - EXECUTION

3.01 GENERAL

A. Grading: Uniformly smooth grade excavated areas, filled sections and adjacent transition areas. Subgrade shall be rolled and compacted prior to stone application. Earthwork shall be in accordance with Section 31 0000 - Earthwork of these specifications. B. Subbase and Base Courses: Aggregate base courses shall be placed in accordance with VDOT Sections 308 and 309. Coordinate with work of Section 31 0000 – Earthwork, in the compaction of base course. C. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. D. Barricades: Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. E. Surface Drainage: The surface of all paving work shall slope and drain surface water toward catch basins or swales. If water stands, paving shall be corrected to prevent standing water, subject to the Engineer’s approval. F. Connections to Existing: Where new work connects to or adjoins existing sidewalk, curb and gutter, or pavement, existing surface shall be saw cut in a straight line at point of connection. Expansion joint material shall be installed, when applicable. Finished surfaces shall be continuous providing a smooth transition between existing and new work.

3.02 ASPHALT PAVING AND SURFACING

A. General. Asphalt concrete pavement construction shall be in accordance with the details on the plans and construction shall be in accordance with VDOT Section 315. B. Where pavement overlay is to be installed, all existing and proposed valve boxes, structure rims, and any other utility appurtenances within the overlay area, shall be adjusted to be flush with finished grade. This work shall be performed at no additional cost to the owner.

3.03 CONCRETE PAVING AND WALKS

A. General: Construction shall be in accordance with Section 03 3001 – Cast-in-Place Concrete for Sitework, except as noted otherwise. B. Subgrade: The subgrade shall be maintained in a smooth compacted condition in conformity with the required section and established grade until the concrete is placed. The subgrade shall be in a moist condition when concrete is placed. The subgrade shall be prepared and protected so as to produce a subgrade free from frost when the concrete is deposited. C. Bedding: Concrete shall be placed on a minimum of 2 inches of VDOT #21B stone or other stone approved by Owner's representative unless shown otherwise on the plans. Bedding shall be placed on firm, undisturbed subgrade. D. Thickness: Concrete thickness shall match that of the existing concrete unless otherwise noted on the plans. Concrete shall, under no circumstances be less than 6 inches thick.

32 10 00-7

E. Width: Pavement and sidewalk width shall match that of the existing unless otherwise noted on the plans. The width of the sidewalk shall be measured from the back of the curb. F. Slopes: Sidewalks, unless otherwise noted on the plans, shall slope toward drainageways at a minimum of ¼ inch to 1 foot. G. Form Setting: Forms shall be carefully set to the indicated alignment, grade and dimensions. Forms shall be held rigidly in place by a minimum of three stakes per form placed at intervals not to exceed 4 feet. Corners, deep sections, and radius bends shall have additional stakes and braces, as required. Clamps, spreaders, and braces shall be used where required to insure rigidity in the forms. Forms shall be removed without injuring the concrete. Bars or heavy tools shall not be used against the concrete in removing the forms. Any concrete found defective after form removal shall be promptly and satisfactorily repaired at no cost to the Owner. Forms shall be cleaned and coated with form oil each time before concrete is placed. Wood forms may, instead, be thoroughly wetted with water before concrete is placed, except that with probable freezing temperatures, oiling is mandatory.

i. Sidewalks: Forms for sidewalks shall be set with the upper edge true to line and grade with an allowable tolerance of 1/8 inch in any 10 foot long section. After forms are set, grade and alignment shall be checked with a 10 foot straightedge. Forms shall have a transverse slope (as indicated of a minimum ¼ inch per foot) with the low side adjacent to the roadway. Side forms shall not be removed for 12 hours after finishing has been completed. ii. Curbs and Gutters: The forms of the front of the curb shall be removed not less than 2 hours nor more than 6 hours after the concrete has been placed. Forms back of curb shall remain in place until the face and top of the curb have been finished as specified for concrete finishing. Gutter forms shall not be removed while the concrete is sufficiently plastic to slump in any direction.

H. Expansion Joints: The Contractor shall install expansion joints at the locations shown on the plans. The distance between expansion joints shall not exceed 30 feet. Installation of the expansion joints shall be in accordance with the manufacturer's recommendations. I. Control Joints: The Contractor shall divide concrete sidewalk into sections, the length of which match the existing sidewalk, by transverse control joints formed by a trowel or jointing tool. These control joints shall be at least 1/4 of the slab depth and 1/8-inch wide and match in appearance the joints in the existing sidewalk. J. Handicapped Access Ramps: The minimum width of handicapped access ramps shall be 36 inches excluding the flared sides. The maximum slope of ramp runs shall be 1:12. All handicapped access ramp construction shall conform to ANSI A117.1 using dimensions shown on VDOT Standards CG-12A, CG-12B, and CG-12C. Detectable warning in walking surface is required. K. Finish Surface: The finished surface including control joints and edging of the new concrete shall match that of the existing concrete. The finished surface shall exhibit a uniform texture free from irregularities. No water shall pond on the finished surface. Areas which exhibit excessive cracking, discoloration, form marks or tool marks or which are otherwise inconsistent with the overall appearances of the work shall be removed and replaced at no additional cost to the Owner.

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L. Protection: Contractor shall protect uncured concrete from vandalism. Any damage to concrete work prior to acceptance by Owner shall be repaired by the Contractor at no expense to the Owner. M. Weather: Concrete shall be placed based on the following conditions:

i. Placing During Cold Weather: Concrete placement shall be discontinued when the air temperature reaches 40 degrees F and is falling. Provisions shall be made to protect the concrete from freezing during the specified curing period. If necessary to place concrete when the temperature of the air, aggregates, or water is below 35 degrees F, placement shall be approved in writing. Approval shall be contingent upon full conformance with the following provisions. The underlying material shall be prepared and protected so that it is entirely free of frost when the concrete is deposited. Mixing water and aggregates shall be heated as necessary to result in the temperature of the in-place concrete being approved. The aggregates shall be free of ice, snow, and frozen lumps before entering the mixer. Covering and other means shall be provided for maintaining the concrete at a temperature of at least 50 degrees Fahrenheit for not less than 72 hours after placing, and at a temperature above freezing for the remainder of the curing period. Do not use antifreeze agents or chemical accelerators, unless written approval for such use has been given by the ENGINEER. All work with concrete when air temperature is below 40 degrees F shall comply with ANSI/ACI 306R and as specified herein. ii. Placing During Warm Weather: The temperature of the concrete as placed shall not exceed 85 degrees F except where an approved retarder is used. The mixing water and/or aggregates shall be cooled, if necessary, to maintain a satisfactory placing temperature. In no case shall the placing temperature exceed 95 degrees F. iii. Temperature: Concrete shall not be placed when the temperature is below 40 degrees Fahrenheit or placed against frozen or frosted concrete. Concrete shall not be placed on frozen subgrade.

N. Concrete Curb: Concrete curb shall be in accordance with VDOT Standards CG-2 as shown on the plans. Combination curb and gutter shall be in accordance with VDOT Standards CG-6 as shown on the plans. All concrete curbing shall be in accordance with VDOT Section 502. O. Curb Ramps, Concrete Steps, and Sidewalk Transitions: Shall be in accordance with VDOT Sec- tion 504. P. Construction Joints: Transverse joints for crack control shall be in accordance with VDOT Sec- tion 502. Q. Concrete Finishing: Except as may be shown otherwise on Drawings, provide the following finishes at the indicated locations. Finishes for concrete other than listed here shall be in accordance with Section 03 30 01 – Cast-in-Place Concrete for Sitework.

i. Trowel Finish: apply to curbs and gutters and other surfaces that are to be exposed to view, unless otherwise shown. ii. Nonslip Broom Finish: apply to all concrete walks, and steps except ramps.

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3.04 FIELD QUALITY CONTROL

A. Subgrade Testing: The subgrade shall be tested for grade and cross section by means of a template extending the full width of the sidewalk and/or curb and gutter. The subgrade shall be of materials equal in bearing quality to the subgrade under the adjacent pavement. B. Thickness Deficiency: When measurements indicate that the completed concrete sections is deficient in thickness by more than 0.25 inch the deficient section will be removed, between regularly scheduled joints, and replaced. C. High Areas: In areas not meeting surface smoothness and plan grade requirements, high areas shall be reduced either by rubbing the freshly finished concrete with carborundum brick and water when the concrete is less than 36 hours old or by grinding the hardened concrete with an approved surface grinding machine after the concrete is 36 hours old or more. The area corrected by grinding the surface of the hardened concrete shall not exceed 5 percent of the area of any integral slab, and the depth of grinding shall not exceed ¼ inch. All pavement areas requiring grade or surface smoothness corrections in excess of the limits specified above shall be removed and replaced. D. Remedial Work: Repair or replace deficient work as directed by the Engineer and at no additional cost to the Owner.

END OF SECTION

32 10 00-10

SECTION 32 14 00 UNIT PAVERS

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. CONCRETE PAVER UNITS B. BEDDING AND JOINT SAND C. EDGE RESTRAINTS

1.02 REFERENCES

A. American Society of Testing and Materials (ASTM):

i. C 33, Specification for Concrete Aggregates. ii. C 136, Method for Sieve Analysis for Fine and Coarse Aggregate. iii. C 140, Sampling and Testing Concrete Masonry Units. iv. C 144, Standard Specification for Aggregate for Masonry Mortar. v. C 979, Specification for Pigments for Integrally Colored Concrete. vi. C 936, Specification for Solid Interlocking Concrete Paving Units.

1.03 DELIVERY STORAGE AND HANDLING

A. Delivery, storage, and handling shall be in accordance with Section 01 66 00 – Product Storage and Handling Requirements. B. Deliver concrete pavers to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by fork lift or clamp lift. C. Unload pavers at job site in such a manner that no damage occurs to the product. D. Cover sand with waterproof covering to prevent exposure to rainfall or removal by wind. E. Secure covering in place. F. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. G. Store geotextiles and sealer in such a manner that no damage occurs to them.

1.04 QUALITY ASSURANCE

A. Contractor Responsibilities: Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this section.

32 14 00 - 1

1.05 ENVIRONMENTAL CONDITIONS

i. Do not install sand or pavers during heavy rain or snowfall. ii. Do not install on frozen materials.

1.06 VISUAL INSPECTION

A. All units shall be sound and free of defects that would interfere with the proper placing of the unit or impair the strength or permanence of the construction. Minor cracks incidental to the usual methods of manufacture, or minor chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection.

1.07 SAMPLING AND TESTING

i. The purchaser or his authorized representative shall be accorded proper facilities to inspect and sample the units at the place of manufacture from lots ready for delivery. ii. Submit test results for compliance of paving unit requirements from an independent testing laboratory in accordance with ASTM C936 and Section 01 33 00 – Submittal Requirements. iii. Sample and test units in accordance with ASTM C140.

B. Rejection: In case the shipment fails to conform to the specified requirements, the manufacturer may sort it, and new test units shall be selected at random by the purchaser from the retained lot and tested at the expense of the manufacturer. In case the second set of test units fails to conform to the specified requirements, the entire lot shall be rejected. C. Expense of Tests: The expense of inspection and testing shall be borne by the manufacturer.

1.08 SUBMITTALS:

A. Submittals in accordance with Section 01 33 00 - Submittals B. Submit shop or product plans and product data. C. Submit samples of concrete grid paving units to indicate color and shape selections. D. Submit sieve analysis and certificate of compliance for grading of bedding sand. E. Certificate of compliance and sieve analysis for gradation of grid opening filler aggregate, if applicable. F. Site Sample Panel: Install a 7 foot by 7 foot. (2 meters by 2 meters) paver area as described in Part 3. This area will be used to determine pattern(s), method of installation and grid opening in fill. This area shall be the standard from which the work will be judged.

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PART 2 - MATERIALS

2.01 SOLID CONCRETE INTERLOCKING PAVING UNITS: ASTM DESIGNATION C936-82

A. Cementitious Materials: Portland Cements shall conform to ASTM C150. B. Pavers shall be supplied by Pavestone Company, Hagerstown, MD, or equal.

i. Pavers shall be City Stone IV (3.875”x3.875”x2.375”) with the color being Eddington Blend and River Red; and Holland Stone (3.875”x7.8125”x2.375”) with the color being Eddington Blend and River Red, or equal.

C. Aggregates shall conform to ASTM C33 for Normal Weight Concrete Aggregate (no expanded shale or lightweight aggregates) and/ or VDOT #8, #78 size. D. Other Constituents: Color pigments, air entraining agents, integral water repellents, finely ground silica, etc., shall conform to ASTM standards where applicable, or shall be previously established as suitable for use in concrete. E. Physical Requirements:

i. Compressive Strength - At the time of delivery to the work site, the average compressive strength shall not be less than 8,000 psi with no individual unit strength less than 7,200 psi with testing procedures in accordance with ASTM Standard C140. ii. Absorption - The average absorption shall not be greater than five percent (5 percent) with no individual unit absorption greater than seven percent (7 percent). iii. Resistance to freezing and thawing to be in accordance with Section 8 of ASTM C67.

2.02 ATTIC STOCK REQUIREMENT:

A. Contractor shall provide additional surplus stock to the owner for each type of paver unit used on the project. This stock will be received and stored by the owner for use in future repair endeavors. B. The quantity of attic stock supplied to the owner shall be one and one half percent (1.5%) of the quantity used to perform the work. There is no additional payment to the contractor for supplying the attic stock.

2.03 JOINT SAND AND SAND BEDDING COURSE 1. Washed, clean, non-plastic, free from deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. 2. Do not use limestone screenings, stone dust, or sand for the bedding sand material that does not conform to conform to the grading requirements of ASTM C 33. 3. Do not use mason sand or sand conforming to ASTM C 144 for the bedding sand. 4. Sieve according to ASTM C 136. 5. Bedding Sand Material Requirements: Conform to the grading requirements of ASTM C 33 with modifications as shown in Table 1.

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Table 1 Grading Requirements for Bedding Sand

ASTM C 33 Sieve Size Percent Passing 3/8 in.(9.5 mm) 100 No. 4 (4.75 mm) 95 to 100 No. 8 (2.36 mm) 85 to 100 No. 16 (1.18 mm) 50 to 85 No. 30 (0.600 mm) 25 to 60 No. 50 (0.300 mm) 10 to 30 No. 100 (0.150 mm) 2 to 10 No. 200 (0.075 mm) 0 to 1

Joint Sand Material Requirements: Conform to the grading requirements of ASTM C 144 as shown with modifications in Table 2 below:

Table 2 Grading Requirements for Joint Sand

ASTM C 144 ASTM C 144 Natural Sand Manufactured Sand Sieve Size Percent Passing Percent Passing No. 4 (4.75 mm) 100 100 No. 8 (2.36 mm) 95 to 100 95 to 100 No. 16 (1.18 mm) 70 to 100 70 to 100 No. 30 (0.600 mm) 40 to 75 40 to 100 No. 50 (0.300 mm) 10 to 35 20 to 40 No. 100 (0.150 mm) 2 to 15 10 to 25 No. 200 (0.075 mm) 0 to 1 0 to 5

2.04 EDGE RESTRAINT

A. General: All edges of the installed paving stones shall be restrained with edge material designed to retain sand setting bed. The type of edge restraint shall be approved at locations as noted on the plans. B. The edge restraint may be:

i. Poured in place concrete curbs, combination curb and gutter or sidewalks. ii. Plastic edging selected specifically for light duty or industrial applications and anchored firmly into the compacted aggregate base course with galvanized metal pins 3/8 inch (10 millimeter) diameter, 10-12 inches (250 - 300 millimeter) tong.

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iii. Aluminum or steel edging with smooth face on paver side of installation stakes or pins joined to the edging should be on the outside. Stakes should extend completely into the base material. Specification should require light duty or industrial application. iv. Pressure treated lumber staked to the outside or center doweled. Filter cloth at all joints to prevent sand migration. v. Sawed asphalt or other suitable methods that prohibit paving stone movement and provide sand setting bed retention.

PART 3 - EXECUTION

3.01 INSTALLER QUALIFICATION

A. General: Engage an installer who has successfully completed within the last 5 years at least 5 unit paver 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. Installer shall provide certification of experience and current contractors and business license in the state where work is performed.

3.02 PREPARATION OF BASE COURSE

A. Suitable Base: A suitable base must be prepared as detailed in other sections of the project specifications. B. Base Shaping: The base course shall be shaped to grade and cross section with an allowable tolerance of 1/2 inch (15 millimeter) in ten feet when tested with a straight edge. Areas which fail shall be scarified, material added if required, regraded and compacted to specified tolerances. C. Compaction: The compacted base shall be 3-7/8 inches to 4-1/2 inches (115 millimeters to 140 millimeters) below final grade for 3-1/8 inches (8 cm) pavers.

3.03 CONSTRUCTION OF THE SAND BEDDING COURSE

A. Finishing: The finished base course shall be approved before the placement of the sand bedding course. B. Sand Bedding Placement: The sand bedding course shall be spread evenly over the area to be paved and then screened to a level that will produce 1 inch 1-1/2 inches (25 millimeters - 40 millimeters) thickness uncompacted. Normally, it is good practice to have final elevation of paving stones slightly higher than adjacent curb, gutters, other paving, to allow for any minor settling that may occur within the base. C. Disturbance: Once screened and leveled to the desired elevation, this sand bedding course shall not be disturbed in any way. Moisture content should be maintained per Section 2.2.

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3.04 INSTALLATION OF CONCRETE GRID PAVING UNITS

A. Paving Stone Installation: The paving stones shall be installed in the approved pattern as noted or shown on plans. Ensure grid pavers are free of foreign materials before installation. B. Concrete Grind Installation: Concrete Grid paving units shall be installed in the desired pattern. For maximum performance, joint spacing of 1/16 inch (1.5milimeters) must be maintained. C. Use of String Lines: String lines should be used to hold all pattern lines true. The surface elevation of pavers shall be 1/8 to 1/4 inch (3 to 7 millimeters) above adjacent inlets, concrete collars or channels, curb and gutter or similar flush edge restraints. D. Filling in Gaps: Gaps at edges of the installed surface shall be filled with full units or with units cut to fit. Cutting shall be accomplished to leave a clean edge normal to the traffic surface using a masonry saw. Whenever possible, no cuts should result with a paver less than 1/3 of original dimension. E. Joints between the pavers on average shall be between 2 to 4 mm (1/16 in. and 1/8 in.) wide. F. Compaction: Concrete paving units shall be compacted into the sand bedding course using a compactor capable of exerting at least 4,000 lbf, operating at 75-90 hertz. G. Fill: After rolling, fill openings with specified material, sweep and roll so as to completely fill openings. H. Material: Surplus material shall be left on the surface during construction to insure complete filling of joints during initial use. I. Finished Paver Surface: The finished paver surface elevation shall be true to grade and cross section with an allowable tolerance of 3/8 inch (10 millimeters) in ten feet when tested with a straight edge. Areas which fail shall be removed and reinstalled to the specified tolerances. J. Completion: Upon completion of work covered in this section the CONTRACTOR shall clean up all work areas by removing all debris, surplus material and equipment from the site prior to occupancy. Surplus paver units shall be given to Owner in case of future maintenance needs.

END OF SECTION

32 14 00 - 6 SECTION 32 17 23 SPECIAL PAVEMENT MARKINGS

PART 1 - GENERAL

1.1 Description

This section includes specifications for DuraTherm™ decorative pavement inlays, used selectively throughout the project area to accent intersections and crosswalks. Pavement Markings for all other areas including but not limited to lane striping, stop bars, and on-street parking delineation should refer to Section 246 of the Virginia Department of Transportation Road and Bridge Specifications, Latest Edition.

A. DuraTherm is a proprietary decorative HMA pavement marking system that uses specialized pre-formed thermoplastic inlaid into HMA pavement to create virtually any desired pavement marking. B. DuraTherm is a highly suitable HMA pavement marking system for high traffic areas such as pedestrian cross-walks, bus stops, fire-lanes, store entrance-ways, intersections, malls and airports. C. DuraTherm thermoplastic is embedded into HMA pavement by using proprietary infrared heating equipment designed specifically to elevate the temperature of the pavement without adversely affecting it and them imprinting into the heated HMA pavement a specialized plastic template to create depressions to match the desired pattern. The DuraTherm thermoplastic, pre-cut to match the pattern, is then installed within the depressions and melted in place. D. DuraTherm is a pavement marking system designed so that the HMA pavement surrounding the DuraTherm thermoplastic absorbs the physical effects of the traffic. When installed in accordance with recommended installation guidelines by an Accredited DuraTherm Applicator, the installed DuraTherm thermoplastic will wear at similar rate as the surrounding HMA pavement. Therefore the life of the DuraTherm pavement marking system is dependent upon using a long lasting, durable and stable HMA pavement that will not wear prematurely. E. DuraTherm thermoplastic is available in a variety of standard patterns and colors which can be viewed at www.integratedpaving.com. Custom patterns and decorative designs are also available. Please contact Integrated Paving Concepts (Tel. 800-688-5652) for further information. F. DuraTherm thermoplastic shall be impregnated glass beads to provide retro-reflectivity. G. DuraTherm is a registered Trade-mark product.

1.2 REFERENCES

A. ASTM D570 Standard Test Method for water absorption of plastics. B. ASTM D36 ASTM D36-06 Standard Test Method for Softening Point of Bitumen (Ring-and-Ball Apparatus) C. AASHTO T250 Binder Content D. ASTM D792 Standard Test method for density and specific gravity (relative density) and density of solid plastics. E. AASHTO T250 Low Temperature Stress resistance.

32 17 23-1 F. ASTM D 2240 Standard Test Method for Rubber property – Durometer hardness. G. ASTM D256, Method A Standard Test Method for determining the IZOD pendulum impact resistance of plastics. H. ASTM D92 Test Method for Flash points.

1.3 DEFINITIONS A. “HMA Pavement” is Hot Mix Asphalt pavement. B. “Accredited DuraTherm Applicator” is an applicator that is accredited and licensed for the current calendar year by Integrated Paving Concepts, Inc. (Tel. 800-688-5652) to install DuraTherm. C. “Imprinting HMA Pavement” is defined as pressing a flexible plastic template into re-heated, fully compacted HMA pavement to produce a depression for the installation of the DuraTherm thermoplastic. D. “Owner” means the Owner and refers to the representative person who has decision making authority for the implementation of the DuraTherm system. E. “The Work” is as outlined in the Scope of Work and includes the execution of the DuraTherm process. F. “ASTM” American Society for Testing and Materials. G. “AASHTO” American Association of State Highway and Transportation Officials.

PART 2 - EXECUTION 2.1 GENERAL A. DuraTherm shall be supplied and installed only by an Accredited DuraTherm Applicator or an applicator authorized by Integrated Paving Concepts Inc. in accordance with the plans and specifications or as directed by the Owner. In any circumstance, do not begin installation without confirmation of Applicator accreditation or authorization.

2.2 PRE-CONDITIONS – HMA PAVEMENT A. DuraTherm is a pavement marking system designed so that the HMA pavement surrounding the DuraTherm thermoplastic absorbs the physical effects of the traffic. When installed in accordance with recommended installation guidelines by an Accredited DuraTherm Applicator, the installed DuraTherm thermoplastic will wear at a similar rate as the surrounding HMA pavement. Therefore the life of the DuraTherm pavement marking system is dependent upon using a long lasting, durable and stable HMA pavement that will not wear prematurely.

2.3 The following sections are to be used as a guide towards achieving a high quality HMA pavement. It does not supersede other specifications pertaining to this Work, nor does it replace recommendations made by the engineer of record for this Work.

32 17 23-2 2.4 PRE-REQUISITES FOR NEW HMA PAVEMENT

A. STABLE SUB-GRADE: i. The sub-grade must be stable and should be inspected to identify any areas of soft or yielding soil that are too weak to properly support the paving equipment. These soft spots must be over-excavated and re-compacted to meet the engineer’s requirements. Prior to paving, the sub-grade and base courses must be thoroughly and uniformly compacted, properly graded and constructed in accordance with the engineer’s specifications. Please refer to the related sections for more exact requirements of this work.

B. GUIDELINES FOR HMA PAVEMENT MIX DESIGN i. A durable, stable mix design is a pre-requisite for all long-lasting HMA pavement surfaces, especially those that will experience vehicle traffic. The application of DuraTherm does not change this requirement. Generally, the HMA pavement mix design for roadways as prescribed by the local jurisdiction will be sufficient for the application of DuraTherm. Failure to use a stable mix design may lead to premature failure of the HMA pavement such as raveling, rutting or segregation. The appropriate pavement structure is not within the scope of this specification; however this specification can offer some general guidelines as follows: (a) Stability is a good general guide: generally, if the surface course design has a minimum Marshall Stability of 10 KN (about 2250 lbs) and design densities are achieved during compaction, the pavement should perform adequately. (b) The nominal aggregate size for the HMA pavement should not be less than 3/8” or greater than 5/8”. (c) For locations that will not experience any vehicle traffic, a more “tender” mix design can be used. (d) If a more stable mix design than is offered by the locally prescribed surface course is required, contact the HMA producer, the engineer of record or Integrated Paving Concepts Inc. for suggestions as to how to increase stability.

C. PLACEMENT OF NEW HMA PAVEMENT i. Successful placement of HMA pavement includes compaction of the mix when it is hot and compaction of the mix to the minimum densities required for the specified air voids. Generally, the first pass of the rollers is to be done when the asphalt mixture is at minimum 230◦F (110◦C); the compaction process must be completed before the in- place temperature of the mixture cools to 185◦F (85◦C) or higher depending on the type of asphalt and/or modifiers used. For applications that will experience vehicle traffic and wherever it is possible, compaction is to be completed using a paving machine and a self-propelled roller. ii. Handwork, which includes placing and spreading by hand the use of hand operated compaction equipment, should be restricted to areas that cannot be accessed by the paving machine or the self-propelled rollers. Compaction must be completed when the pavement is hot as described above. Handwork is to be done carefully and the material distributed uniformly so there will be no segregation. iii. The pavement must be smooth, without seams and graded to achieve proper drainage.

32 17 23-3 2.5 PRE-REQUISITES FOR EXISTING PAVEMENT A. Depending upon the condition and age, existing HMA pavement may or may not be suitable for the successful application of DuraTherm. The Accredited DuraTherm Applicator can advise whether the HMA pavement is suitable or not.

2.6 MILL & FILL: RECOMMENDED GUIDELINES A. A tack coat must be applied to ensure proper adhesion of the new HMA material to the old pavement substrate. A durable, stable mix design is a pre-requisite for all Mill & Fill applications - especially those that will experience vehicle traffic. The application of the DuraTherm process does not change this requirement. A minimum lift thickness of two inches is recommended. Due to the thin lift thickness placed over a cool substrate, it is especially critical to ensure that the HMA concrete is compacted when it is hot. It is generally recommended to not proceed with a Mill & Fill pavement application when the outside air temperature is less than 50◦ F (10◦ C).

2.7 PAVEMENT MARKING REMOVAL A. Because the aesthetics of the final product depends largely upon the condition of the HMA pavement, use of pavement marking removal methods is likely to produce a pavement surface that is unsatisfactory for the installation of DuraTherm. A test area may be used to check if adequate or not. The Owner shall determine if the removal of the markings is satisfactory for the application of DuraTherm. Work shall not proceed until this approval is granted.

2.8 SURFACE PREPARATION A. The HMA pavement surface shall be dry and free from all foreign matter, including but not limited to dirt, dust, de-icing materials, and chemical residue.

2.9 LAYOUT A. Layout of the pattern for imprinting into the surface of the HMA pavement shall be as per the drawings and specifications and in accordance to the methods prescribed by the DuraTherm applicator in conjunction with the Owner.

2.10 HEATING THE HMA PAVEMENT A. The Applicator shall follow the latest Recommended Application Procedure Guidelines as provided by Integrated Paving Concepts Inc. Primary heating of the pavement surface is accomplished with the SR-120 or SR-60 reciprocating infrared heaters. B. Pavement temperature. The optimal pavement temperature for imprinting the template is dependent upon mix design, modifiers used in the mix, and the age of the pavement. Typically, the surface temperature of the pavement should not exceed 325'F as determined by an infra-red thermometer. C. In order to achieve the proper depth of imprint it is important to elevate the HMA pavement temperature to a minimum depth of 1/2 inch (12.5mm) without burning the pavement surface.

32 17 23-4 2.11 SURFACE IMPRINTING A. Once the HMA pavement has reached imprinting temperature, the templates shall be placed and held in position then pressed into the surface using vibratory plate compactors. Once the top of the template is level with the surrounding HMA pavement, the template can be removed. Areas that have an imprint depth less than the depth of the template shall be re- heated and re-stamped prior to installing the DuraTherm thermoplastic. B. In areas difficult to get at with the template, or areas that have light print, the hand held finishing tool may be used to complete the imprint process.

2.12 INSTALLING DURATHERM THERMOPLASTIC A. The HMA pavement surface shall be dry and free from all foreign matter, including but not limited to dirt, dust, de-icing materials, and chemical residue. B. The pre-cut DuraTherm thermoplastic panels shall be installed within the imprinted depressions, ensuring the appropriate overlap at the thermoplastic joints. C. Heat shall be re-applied to the HMA pavement surface using the SR-60 or SR-120, slowly raising the surface temperature until the thermoplastic panels start to liquefy and flow. The SR-20 and/or the Portable jet heater may also be used to raise the surface temperature, typically in areas that are difficult to heat using the SR-60 or SR-120. The temperature shall be monitored to ensure the thermoplastic is not over-heated. The thermoplastic panel must be heated to its full depth in order for the thermoplastic material to melt and create a bond with the underlying HMA pavement.

2.13 PROTECTION AND OPENING TO TRAFFIC A. The melted DuraTherm thermoplastic is to be protected until it cools and hardens. Do not permit any debris such as dust, water, pollen etc to come in contact with the melted thermoplastic. B. The road may be opened to traffic once the thermoplastic has cooled to 140°F (60◦ C).

PART 3 - PRODUCTS

3.1 MATERIALS A. DuraTherm thermoplastic shall be provided as pre-cut panels in sizes to conform to the specified pattern, widths and shapes. DuraTherm thermoplastic shall be packaged in accordance with accepted commercial standards and if stored, placed indoors in a cool dry area.

3.2 CHARACTERISTICS OF DURATHERM THERMOPLASTIC A. DuraTherm thermoplastic consists of homogeneously mixed pigments, fillers, resins, fibers, and, for applications requiring retro-reflectivity, glass beads. The pigments and fillers shall be uniformly dispersed in resin. The material shall be free from dirt and foreign objects. B. DuraTherm thermoplastic shall be supplied preformed or precut at a standard thickness of 90 mils (2.30 mm). C. DuraTherm thermoplastic can be provided either as non-reflective or as a retro-reflective pavement marking material through the use of glass beads homogeneously mixed in the thermoplastic. D. Upon heating to application temperature, the DuraTherm thermoplastic will flow and preserve the integrity of its properties including its color.

32 17 23-5 E. Environmental and Chemical Resistance: DuraTherm thermoplastic is resistant to deterioration when exposed to sunlight, gasoline, oil, salt, water or adverse weather conditions. F. Storage Life: DuraTherm thermoplastic can be stored for a period of two years if stored indoors at room temperature (21°C +1-3°C) (70°F +1-5°F). G. DuraTherm thermoplastic is suitable for application on high quality, stable HMA pavement both new and old. Under normal conditions, bond strength on HMA pavement surfaces shall be sufficient for the material to remain in place for a number of years.

3.3 PRODUCT DATA SHEET (Tests under Florida DOT Specifications 971-5-2006 and 523 for Thermoplastic Materials for Traffic Striping.)

Characteristic Test Method Typical Results of DuraTherm thermoplastic

Water Absorption ASTM D570 0.27% Binder Content AASHTO T250 20.01% with d.o. beads Softening point ASTM D36 240˚F Low Temp. Resistance @ AASHTO T250 No visual cracks 15˚F Specific Gravity ASTM D792 2.00 Indentation resistance @ ASTM D 2240 (after 43 (Shore A) 110˚F for 15 sec. flaming) Impact Resistance ASTM D256, Mtd A 4.9+ N-m Flash Point ASTM D92 500˚F

3.4 Equipment A. The following equipment is proprietary and is an integral part of the proper execution of the DuraTherm process. This equipment is available only from Integrated Paving Concepts Inc. and can only be used by Accredited DuraTherm Applicators or an applicator authorized by Integrated Paving Concepts Inc. i. Plastic Templates are used for imprinting the specified pattern into the HMA pavement. Templates are thicker than the DuraTherm thermoplastic to enable the applicator to ensure the top of the inlaid thermoplastic is slightly lower than the surrounding HMA pavement surface. Templates shall be supplied by Integrated Paving Concepts Inc. ii. Re-Heat Equipment. Integrated Paving Concepts offers three mobile, proprietary pieces of equipment designed specifically to elevate the temperature of the HMA pavement without adversely affecting it. Two of these, the SR-120 and SR-60 Reciprocating Infra- Red Heaters (SR-120, SR-60) each employ a bank of propane-fired heaters mounted on a track device such that these can reciprocate back and forth over a designated area thereby allowing the operator to monitor the temperature of the HMA pavement and the thermoplastic at all times during the pavement re-heating process. iii. The third mobile re-heat device is the SR-20 Infrared Heater (SR-20). The SR-20 is designed specifically to heat areas such as borders and narrow areas that are inaccessible to the SR-120 and SR-60 heaters. Similar to the SR-120 and SR-60, the SR- 20 allows the operator to monitor the temperature of the HMA pavement and the thermoplastic at all times during the heating process.

32 17 23-6 iv. The Street Heat Portable Jet Heater is a hand-held portable heating device to be used to heat isolated areas of the HMA pavement or DuraTherm thermoplastic. v. The DuraTherm Hand Held finishing tool (DT-HHFT) enables the applicator to complete the imprinting of the HMA pavement in areas around permanent structures such as curbs and manholes covers which may be inaccessible to the template. vi. Vibratory Plate Compactors shall be used for pressing the plastic templates into the heated asphalt to create the specified pattern. Please note that Integrated Paving Concepts does not supply Vibratory Plate Compactors.

END OF SECTION

32 17 23-7

SECTION 32 20 00 SITE RESTORATION PART 1 - GENERAL 1.01 DESCRIPTION: The work described in this section includes restoration of any areas or site features, not designated as “to be removed”, that are damaged by construction activities during the course of the execution of the contract. The work may include such repairs as turf and landscape renovation or replacement, and soil preparation such as may be necessary to return the site to an “as good as” or “better than” existing conditions. 1.02 REFERENCES A. Related Sections: Additional Sections of the Documents which are referenced in this Section include: i. Section 01 45 23 – Special Inspection Services ii. Section 03 30 01 – Cast in Place Concrete iii. Section 32 10 00 – Bases, Ballasts, and Pavements iv. Section 32 91 19 – Topsoil Placement and Grading v. Section 32 92 19 – Seeding 1.03 QUALITY ASSURANCE: A. All products supplied shall comply with applicable state and local codes. B. Inspections and Approvals: i. During the course of the restoration work, coordinate the following inspections and secure approvals prior to continuing on to the next work component, as applicable. (a) For lawn area and/or shrub bed restoration, the Engineer shall inspect and approve sub-grade preparation, soil placement and preparation, seeding/sodding and planting/mulching. (b) Comply with all inspections listed in Section 01 45 23 – Special Inspection Services. 1.04 SUBMITTALS: A. Submit the following samples to the Engineer for approval: i. Lawn Area Topsoil Mix (Playfield Soil) (5-pound bag) with current soil analysis tests. ii. Planting Area Topsoil Mix (Planting Soil) (5-pound bag) with current soil analysis tests. iii. Decomposed Organic Amendment (5-pound bag) with current soil analysis tests. iv. Soil analysis tests shall be current (no more than 30 days old), shall be performed by a local (Puget Sound Region) testing lab and shall be done for the final soil mix, not individual components. Soil mix samples shall meet or exceed SPR Standard Specifications prior to delivery to the job site and shall not require substantial chemical alteration after delivery.

PART 2 - PRODUCTS – NOT USED

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PART 3 - EXECUTION 3.01 LAWN AREA RESTORATION: A. The Engineer shall determine the level of restoration necessary depending on the amount of damage to the existing turf and soils. Areas that have been driven on extensively and are compacted or bare will require replacement, whereas areas where turf is thinned or dead but still present will require reseeding only. B. Sub-grade Preparation: i. For Replacement: Excavate to remove homogenized soils to 4 inches below a finished grade, which will provide adequate surface runoff. Hand-loosen small areas and roto-till larger areas to a depth of 8 inches. ii. For Repair: Aerate existing soils to a depth of 6 inches using hand aerating equipment or deep-tine aerifier. C. Turf Area Topsoil Placement: i. For Replacement: Fill excavated areas to finished grade, which will provide adequate surface runoff, generally 4 inches when compacted to 75% maximum density at optimum moisture. Lightly scarify the surface to provide a smooth, loosened seedbed. ii. For Repair: Loosely distribute a 1/2-inch top dressing of topsoil over areas to be repaired. iii. Placement and Repair in accordance with Section 32 91 19 – Topsoil Placement. D. Seeding: i. For Replacement: Larger areas to be replaced shall be hydroseeded at a rate of 8 lb. per 1,000 sf. Incorporate hydromulch at a rate of 35 lbs. per 1000 sf (minimum) into the slurry to produce an even cover over the area being seeded. ii. For Repair: Areas to be repaired shall be hand broadcasted at a rate of 5 lbs. per 1000 sf. Rake seed into soil with broom rake. Overlap new seeding into areas of existing turf. iii. Replacement and repair in accordance with Section 32 92 19 – Seeding. E. Fertilizing: i. Apply at 1lb. of (N)/1000s.f. (10lbs./1000 s.f. of blended material) for Hydroseeding. ii. Apply at 1lb. of (N)/1000s.f. (10lbs. blended material/1000 s.f.) for Hand-seeding application. 3.02 PLANTING AREA RESTORATION: A. The Engineer shall determine the level of restoration necessary depending on the amount of damage to the existing planting areas and soils. Areas that have been driven on extensively and are compacted or bare will require replacement. Perform landscape planting procedures as specified in Specification Section 32 92 10 – Trees, Plants, & Groundcover, or as otherwise shown on the Contract Documents, or as directed by the Engineer. 3.03 WATERING: A. If required by the Engineer, water shall be provided to condition the soil to lessen compaction or to provide dust control. Water shall be furnished and applied by contractor from an approved on site supply or by watering truck if necessary. 3.04 MAINTENANCE: A. Refer to Section 32 92 19 – Seeding. B. Refer to Section 32 92 20 –Trees, Plants, & Groundcover for Planting maintenance requirements.

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3.05 PHYSICAL COMPLETION: A. Inspection to determine Physical Completion of seeded areas will be made by the Engineer upon the Contractor's request. Provide notification at least five (5) working days before requested inspection date. B. Seeded areas shall be accepted provided all requirements, including maintenance, have been complied with and grass is well established and exhibits a vigorous growing condition. C. Areas failing to show a uniform stand of grass shall be reseeded at the Contractor’s expense. 3.06 WARRANTY AND REPLACEMENT: A. Seeded areas must have a relatively uniform stand of grass with no bare spots over 6" square at the time of substantial completion. Reseed at the original rate and fertilize with 10-20-20 at the rate of 10lbs. per 1,000 square feet of blended materials. All areas failing to vigorously establish within 90 days after germination or one growing season (whichever is longest), for any reason whatsoever, shall be redone at the Contractor’s expense. 3.07 OTHER SITE FEATURES: A. All other site features either damaged or destroyed during the execution of this contract shall be repaired to the satisfaction of the Engineer or to the installation specifications of the manufacturer of the approved replacement item. These include but are not limited to walls, sidewalks, curbs, stairways, athletic tracks and facilities, driveways, etc. Replacement of damaged site features shall be in accordance with all project standards and specifications. Contractor shall restore site features

END OF SECTION

32 20 00 - 3 SECTION 32 9113.23 STRUCTURAL SOIL

PART 1 - GENERAL

1.01 DESCRIPTION

A. The work of this Section consists of all Structural Soil work and related items as indicated on the Drawings or as specified herein and includes, but is not limited to, the following:

1.02 REFERENCES AND STANDARDS

A. The following references are used herein and shall mean: i. ASTM: American Society of Testing Materials. ii. USDA: United States Department of Agriculture. iii. AASHTO: American Association of State Highway and Transportation Officials. iv. Standard Specifications: Regional or Municipal Standard Specifications Documentation for the location of proposed usage. v. AOAC: Association of Official Agricultural Chemists.

1.03 SAMPLES AND SUBMITTALS

A. At least 30 days prior to ordering materials, the Contractor shall submit to the Engineers representative samples, certificates, manufacturer’s literature and certified tests for materials specified below. No materials shall be ordered until the required samples, certificates, manufacturer’s literature and test results have been reviewed and approved by the Engineer. De- livered materials shall closely match the approved samples. Approval shall not constitute final acceptance. The Engineer reserves the right to reject, on or after delivery, any material that does not meet these specifications. B. Submit two - one half cubic foot representative samples of Clay Loam and two - two cubic foot representative samples Structural Soil mixes in this section for testing, analysis and approval. Submit one set of samples for every 500 CY of material to be delivered. In the event of multiple source fields for Clay Loam, submit a minimum of one set of samples per source field or stockpile. Samples shall be taken randomly throughout the field or stockpile at locations as directed by the Engineer and packaged in the presence of the Engineer. Contractor shall deliver all samples to testing laboratories and shall have the test results sent directly to the En- gineer. Samples shall be labeled to include the location of the source of the material, the date of the sample and the Contractors name. One of the two samples is to be used by the testing laboratory for testing purposes. The second sample of all Clay Loam and Structural Soil shall be submitted to the Engineer at the same time as test analysis as a record of the soil color and texture.

i. Submit the locations of all source fields for Clay Loam. ii. Submit a list of all chemicals and herbicides applied to the Clay Loam for the last five years and a list of all crops grown in the Clay Loam source fields for the last three years.

32 91 13.23-1 C. Submit soil test analysis reports for each sample of Clay Loam and Structural Soil from an approved soil-testing laboratory. The test results shall report the following:

i. The soil testing laboratory shall be approved by the Engineer. The testing laboratory for particle size and chemical analysis may be a public agricultural extension service agency or agricultural experiment station. ii. Submit a bulk density of the sample and particle size analysis including the following gradient of mineral content:

USDA Designation Size in mm. Gravel +2 mm Sand 0.05-2 mm Silt 0.002-0.05 mm Clay minus 0.002 mm

iii. Sieve analysis shall be performed and compared to USDA Soil Classification System. Sieve analysis shall be done by a combined hydrometer and wet sieving using sodium hexametaphosphate as a dispersant in compliance with ASTM D422 after destruction of organic matter by hydrogen peroxide.

iv. Submit a chemical analysis, performed in accordance with current AOAC Standards, including the following: (a) pH and Buffer pH. (b) Percent organic matter as determined by the loss of ignition of oven dried samples. Test samples shall be oven dried to a constant weight at a temperature of 230 degrees F, plus or minus 9 degrees. (c) Analysis for nutrient levels by ppm. including nitrate nitrogen, ammonium nitrogen, phosphorus, potassium, magnesium, manganese, iron, zinc, calcium and extractable aluminum. Nutrient test shall include the testing laboratory recommendations for supplemental additions to the soil as calculated by the amount of material to be added per volume of soil for the type of plants to be grown in the soil. (d) Analysis for levels of toxic elements and compounds including arsenic, boron, cad- mium, chromium, copper, lead mercury, molybdenum, nickel, zinc and PCB. Test results shall be cited in milligrams per kilogram. (e) Soluble salt by electrical conductivity of a 1:2 soil/water sample measured in Millim- ho per cm. (f) Cation Exchange Capacity (CEC). (g) Carbon/Nitrogen Ratio.

v. Submit 5-point minimum moisture density curve AASHTO T 99 test results for each Structural Soil sample without removing oversized aggregate. vi. Submit California Bearing Ratio test results for each Structural Soil sample compacted to peak standard density. The soaked CBR shall equal or exceed a value of 50. vii. Submit measured dry-weight percentage of stone in the mixture. viii. The approved Structural Soil samples shall be the standard for each lot of 500 cubic yards of material. ix. All testing and analysis shall be at the expense of the Contractor.

32 91 13.23-2 D. Maintenance Instructions: Prior to the time of Final Acceptance of the Work, submit maintenance instructions for the use, removal and replacement of Structural Soil for the licensor's (Amereq corp.) use. The instructions shall be reviewed by the Project Engineer as a pre- condition for Final Acceptance of the Work. E. Submit to the Engineer for review a proposed plan and vertical section layout of all Structural Soil. F. Submit one cubic foot sample per each 500 cubic yards of required material, and for each sample, the following analysis for all Crushed Stone. The soil testing laboratory shall be approved by the Engineer.

i. Provide a particle size analysis including the following gradient of mineral content:

USDA Designation Size in mm. 3@ +76 mm 2-1/2@ 63-76 mm 2@ 50-63 mm 1-1/2@ 37-50 mm 1@ 25-37 mm 3/4@ 19-25 mm Fine gravel 2-19 mm Sand 0.05 -2 mm Silt 0.002-0.05 mm Clay Minus 0.002 mm

ii. Provide the manufacturer’s analysis of the following: (a) Loose and rodded unit weight. (b) Bulk specific gravity and absorbency. (c) Stone dimension and surface texture description. (d) Documentation of acceptance for use as DOT approved aggregate by the appropriate regional DOT. iii. Provide a percent pore space analysis defined as follows: (a) (I-Rodded Unit Weight divided by the Bulk Specific Gravity) X 100

G. Submit one pound sample of each type of fertilizer and 3 certificates showing composition and analysis. H. Submit the purchasing receipt for each fertilizer showing the total quantity purchased for the project prior to installation. I. Submit the Landscape or Pavement Material Contractor's qualifications outlining projects of similar quality, schedule requirements and construction detailing over the last 5 years. Quali- fications shall include: The names of all similar projects, year completed, location, description of the scope of work including the types and quantities of planting mix/pavement material installed and the name, address and telephone number of the owner or the owner's representative.

32 91 13.23-3 1.04 DELIVERY, STORAGE, AND HANDLING

A. Do not deliver or place soils in frozen, wet, or muddy conditions. Material shall be delivered at or near optimum compaction moisture content as determined by AASHTO T 99 (ASTM D 698). Do not deliver or place materials in an excessively moist condition (beyond 2 percent above optimum compaction moisture content as determined by AASHTO T 99 (ASTM D 698). B. Protect soils and mixes from absorbing excess water and from erosion at all times. Do not store materials unprotected from large rainfall events. Do not allow excess water to enter site prior to compaction. If water is introduced into the material after grading, allow material co drain or aerate to optimum compaction moisture content.

1.05 EXAMINATION OF CONDITIONS

A. All areas to receive Structural Soil shall be inspected by the Contractor before starting work and all defects such as incorrect grading, compaction and inadequate drainage etc. shall he reported to the Engineer prior to beginning this work. B. The Contractor shall be responsible for judging the full extent of work requirements involved, including but not limited to the potential need for temporary storage and staging of soils, including moving soil stock piles at the site to accommodate scheduling of other work and the need to protect installed soils from compaction, erosion and contamination.

1.06 QUALITY ASSURANCE

A. Qualifications of Landscape or Pavement Material Contractor: The work of this section shall be performed by a Landscape Contracting Hem which has a minimum of 5 years experience successfully installing planting mix of a similar quality, schedule requirement and construction detailing to this project. Proof of this experience shall be submitted as per paragraph, SAMPLES AND SUBMITTALS, of this Section.

PART 2 - MATERIALS

2.01 CLAY LOAM

A. Clay Loam shall be a "loam" based on the "USDA classification system" as determined by mechanical analysis (ASTM D-422) and it shall be of uniform composition, without admixture of subsoil. It shall be free of stones greater than one-half inch, lumps, plants and their roots, debris and other extraneous matter over one inch in diameter or excess of smaller pieces of the same materials as determined by the Engineer. It shall not contain toxic substances harmful to plant growth. It shall be obtained from naturally well-drained areas, which have never been stripped of top soil before and have a history of satisfactory vegetative growth. Clay Loam shall contain not less than 2% nor more than 5% organic matter as determined by the loss on ignition of oven-dried samples. Test samples shall be oven-dried to a constant weight at a temperature of 230 degrees R, plus or minus 9 degrees.

32 91 13.23-4 B. Mechanical analysis for a Loam/Clay Loam shall be as follows:

Textural Class % of total weight

Gravel less than 5% Sand 20-45% Silt 20-50% Clay 20-40%

C. Chemical analysis: Meet or be amended to meet the following criteria. i. pH between 5.5 to 6.5. ii. Percent organic matter 2 - 5% by dry weight. iii. Nutrient levels as required by the testing laboratory recommendations for the type of plants to be grown in the soil. iv. Toxic dements and compounds below the United States Environmental Protection Agency Standards for Exceptional Quality sludge or local standard; whichever is more stringent. v. Soluble salt less than 1.0 Millimho per cm. vi. Cation Exchange Capacity (CEC) greater than 10. vii. Carbon/Nitrogen Ratio less than 33:1.

D. Clay Loam shall be the product of a commercial processing facility specializing in production of stripped natural topsoil. No topsoil shall come from USDA - classified prime farmland.

2.02 FERTILIZER

A. Commercial fertilizer complying with State and United States fertilizer laws. Deliver fertilizer in original unopened containers, which shall bear the manufacturer's certificate of compliance covering analysis, which shall be furnished to the Engineer. Fertilizer shall be formulated for mixing into the soil and be certified by the manufacturer to provide controlled release of nitrogen continuously for a-period of no less than 9 months and no more than 12 months. B. Fertilizer percentages of weight of ingredients and application rates shall be as recommended by the soil testing results.

2.03 SULFUR (if needed)

A. Sulfur shall be commercial granular, 96% pure sulfur, delivered in containers with the name of the manufacturer, material and analysis appearing in the container. B. Sulfur used to lower soil pH above 6.5 shall be ferrous sulfate formulation.

2.04 LIME (if needed)

A. Agricultural limestone containing a minimum of 85% carbonates. Minimum gradation: 100% passing 10 mesh sieve; 98% passing 20 mesh sieve; 55% passing 60 mesh sieve and 40% passing 100 mesh sieve.

32 91 13.23-5 2.05 CRUSHED STONE

A. Crushed Stone shall be a DOT certified crushed stone. Granite and limestone have been successfully used in this application. Ninety-l00 percent of the stone should pass the 1.5 inch sieve. 20-55 percent should pass the 1.0 inch sieve and 10 percent should pass the 0.75 inch sieve. A ratio of nominal maximum to nominal minimum particle size of 2 is required. B. Acceptable aggregate dimensions will not exceed 2.5: 1.0 for any two dimensions chosen. C. Minimum 90 percent with one fractured face, minimum 75 percent with two or more fractured faces. D. Results of Aggregate Soundness Loss test shall not exceed 18 percent. E. Losses from LA Abrasion tests shall not exceed 40%.

2.06 HYDROGEL

A. Hydrogel shall be a potassium propenoate-propenamide copolymer Hydrogel as manufactured by Gelscape by Amereq Corporation. (800) 832-8788

2.07 WATER

A. The Contractor shall be responsible to furnish his own supply of water to the site at no extra cost. All work injured or damaged due to the lack of water, or the use of too much water, shall be the Contractor's responsibility to correct. Water shall be free from impurities injurious to vegetation.

2.08 STRUCTURAL SOIL A. A uniformly blended mixture of Crushed Stone, Clay Loam and Hydrogel, mixed to the following proportion:

MATERIAL UNIT OF WEIGHT Crushed Stone 100 units dry weight Loam as determined by the test of the mix (Approx. 20 units) Hydrogel 0.03 units dry weight Total moisture AASHTO T-99 optimum moisture)

B. The initial mix design for testing shall be determined by adjusting the ratio between the Crushed Stone and the Clay loam (see Appendices I and II). Adjust final mix dry weight mixing proportion to decrease soil in mixture if CBR test results fail to meet acceptance (CBR # 50).

32 91 13.23-6 PART 3 - EXECUTION

3.01 MIX DESIGN

A. Prepare sample Structural Soil mixes to determine the ratio of mix components. Submit for approval. i. Submit samples and the test results of each mix component for approval. Based on samples and the analysis of the mix components, the Engineer and the Contractor will jointly determine a mix ratio to be tested for conformance with the requirements of the specifications. For Structural Soil quantities greater than 500 cubic yards, test the mix ratio for each Clay Loam or Crushed Stone where the testing indicates a significant difference in physical analysis of the Clay Loam or Crushed Stone as determined by the En- gineer. ii. The Contractor shall prepare the samples of the proposed mix ratio options and obtain soil test as described in paragraph 1.04. C. Submit the samples of each of the mixes with the test results. iii. The Engineer may request additional Structural Soil mix ratio samples to be tested in the event that further refinement of the mix is necessary.

iv. Submit to the Engineer proposed fertility amendment recommendations including amounts and types of fertilizers and pH adjustments for each mix ratio. Fertility adjustments shall be included as part of the mixing process.

3.02 SOIL MIXING AND QUALITY CONTROL TESTING

A. All Structural Soil mixing shall be performed at the Contractor's yard using appropriate soil measuring, mixing and shredding equipment of sufficient capacity and capability to assure proper quality control and consistent mix ratios. No mixing of Structural Soil at the project site shall be permitted. Portable pugging may be used. i. Maintain adequate moisture content during the mixing process. Soils and mix components shall easily shred and break down without clumping. Soil clods shall easily break down into a fine crumbly texture. Soils shall not be overly wet or dry. The contractor shall measure and monitor the amount of soil moisture at the mixing site periodically during the mixing process. ii. A mixing procedure for front-end loader shall be as follows: (a) On a flat asphalt or concrete paved surface, spread an 8 inch to 12 inch layer of crushed stone. (b) Spread evenly over the stone the specified amount of dry hydrogel. (c) Spread over the dry hydrogel and crushed stone a proportional amount of clay loam according to the mix design. (d) Blend the entire amount by turning, using a front-end loader or other suitable equipment until a consistent blend is produced. (e) Add moisture gradually and evenly during the blending and turning operation as required to achieve the required moisture content. Delay applications of moisture for 10 minutes prior to successive applications. Once established, mixing should produce a material within 1% of the optimum moisture level for compaction.

32 91 13.23-7 iii. A pugging operation mixing procedure may be as follows: (a) Feed a known weight of crushed stone into the mixing trough. (b) Add hydrogel as a slurry into trough and mix slurry and stone into a uniform blend. (c) Meter in soil in proper proportion of Clay loam Soil. While stone-slurry mixture is in motion. (d) Add water to bring mixture to target moisture content after factoring in water from the slurry and the Clay-loam moisture. (e) Auger out to stock pile or transport vehicle (or into pit if using a portable pugging operation). iv. Add soil amendments to alter soil fertility including fertilizers and pH adjustment at the time of mixing at the rates recommended by the soil test. (a) Soil pH shall be adjusted to fall within a value of 5.5 and 6.5 two months after mixing if the material is stored, unless mixing with a high pH stone. Once pavement is laid, no adjustment should be imposed. (b) Soil component Carbon/nitrogen ratio shall be adjusted to be less than 33:1 within two months after mixing.

B. The Contractor shall mix sufficient material in advance of the time needed at the job site to allow adequate time for final quality control testing as required by the progress of the work. Structural Soil shall be stored in piles of approximately 500 cubic yards and each pile shall be numbered for identification and quality control purposes. Storage piles shall be protected from rain and erosion by covering with plastic sheeting.

C. During the mixing process, the Contractor shall take two - one cubic foot quality control samples per 500 cubic yards of production from the final Structural Soil. The samples shall be taken from random locations in the numbered stockpiles as required by paragraph 1.03.B of this specification. Each sample shall be tested for particle size analysis and chemical analysis as described in Paragraph 1.03. C.2 and 3 above. Submit the results directly to the Engineer for review and approval.

D. The quality control sample Clay Loam-Crushed Stone ratio's shall be no greater or less than 2% of the approved test sample as determined by splitting a known weight of oven dried material on a #4 sieve. In the event that the quality control samples vary significantly from the approved Structural Soil sample, as determined by the Engineer, remix and retest any lot of soil that fails to meet the correct analysis making adjustments to the mixing ratios and procedures to achieve the approved consistency.

3.03 UNDERGROUND UTILITIES AND SUBSURFACE CONDITIONS

A. Notify the Engineer of any subsurface conditions which will affect the Contractor's ability to complete the work. B. Locate and confirm the location of all underground utility lines and structures prior to the start of any excavation. C. Repair any underground utilities or foundations damaged by the Contractor during the progress of this work. The cost of all repairs shall be at the Contractor's expense.

32 91 13.23-8 3.04 SITE PREPARATION

A. Do not proceed with the installation of the Structural Soil material until all walls, curb footings and utility work in the area have been installed. For site elements dependent on Structural Soil for foundation support, postpone installation until immediately after the installation of Structural Soil. B. Install subsurface drain lines as shown on the Drawings prior to installation of Structural Soil material. C. Excavate and compact the proposed sub-grade to depths, slopes and widths as shown on the Drawings, Maintain all required angles of repose of the adjacent materials as shown on the drawings. Do not over excavate compacted sub-grades of adjacent pavement or structures. D. Confirm that the sub-grade is at the proper elevation and compacted as required. Sub-grade elevations shall slope parallel to the finished grade and or toward the subsurface drain lines as shown on the drawings. E. Clear the excavation of all construction debris, trash, rubble and any foreign material. In the event that fuels, oils, concrete washout silts or other material harmful to plants have been spilled into the sub-grade material, excavate the soil sufficiently to remove the harmful material. Fill any over excavation with approved fill and compact to the required sub-grade compaction. F. Do not proceed with the installation of Structural Soil until all utility work in the area has been installed. All subsurface drainage systems shall be operational prior to installation of Structur- al Soils. G. Protect adjacent walls, walks and utilities from damage or staining by the soil. Use 1/2” plywood and or plastic sheeting as directed to cover existing concrete, metal and masonry work and other items as directed during the progress of the work. i. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day. ii. Any damage to the paving or architectural work caused by the soils installation Contrac- tor shall be repaired by the general Contractor at the soils installation Contractor's expense. H. Maintain all silt and sediment control devices required by applicable regulations. Provide adequate methods to assure that trucks and other equipment do not track soil from the site on- to adjacent property and the public right of way.

3.05 INSTALLATION OF STRUCTURAL SOIL MATERIAL

A. Install Structural Soil in 6 inch lifts and compact each lift.

B. Compact all materials to peak dry density from a standard AASHTO compaction curve (AASHTO T 99). No compaction shall occur when moisture content exceeds maximum as listed herein. Delay compaction 24 hours if moisture content exceeds maximum allowable and protect Structural Soil during delays in compaction with plastic or plywood as directed by the En- gineer.

32 91 13.23-9 C. Bring Structural Soils to finished grades as shown on the Drawings. Immediately protect the Structural Soil material from contamination by toxic materials, trash, debris, water containing cement, clay, silt or materials that will alter the particle size distribution of the mix with plastic or plywood as directed by the Engineer.

D. The Engineer may periodically check the material being delivered and installed at the site for color and texture consistency with the approved sample provided by the Contractor as part of the submittal for Structural Soil. In the event that the installed material varies significantly from the approved sample, the Engineer may request that the Contractor test the installed Structural Soil. Any soil which varies significantly from the approved testing results, as determined by the Engineer, shall be removed and new Structural Soil installed that meets these specifications.

3.06 FINE GRADING

A. After the initial placement and rough grading of the Structural Soil but prior to the start of fine grading, the Contractor shall request review of the rough grading by the Engineer. The Contractor shall set sufficient grade stakes for checking the finished grades.

B. Adjust the finish grades to meet field conditions as directed. i. Provide smooth transitions between slopes of different gradients and direction. ii. Fill all dips and remove any bumps in the overall plane of the slope. (a) The tolerance for dips and bumps in Structural Soil areas shall be a 3" deviation from the plane in 10'. iii. All fine grading shall he inspected and approved by the Engineer prior to the installation of other items to be placed on the Structural Soil.

C. The Engineer will inspect the work upon the request of the Contractor. Request for inspection shall be received by the Engineer at least 10 days before the anticipated date of inspection.

3.07 ACCEPTANCE STANDARDS

A. The Engineer will inspect the work upon the request of the Contractor. Request for inspection shall be received by the Engineer at least 10 days before the anticipated date of inspection.

3.08 CLEAN-UP

A. Upon completion of the Structural Soil installation operations, dean areas within the contract limits. Remove all excess fills, soils and mix stockpiles and legally dispose of all waste materials, trash and debris. Remove all tools and equipment and provide a clean, clear site. Sweep, do not wash, all paving and other exposed surfaces of dirt and mud until the paving has been installed over the Structural Soil material. Do no washing until finished materials covering Structural Soil material are in place.

END OF SECTION

32 91 13.23-10 SECTION 32 91 19 TOPSOIL PLACEMENT AND GRADING PART 1 - GENERAL 1.01 DESCRIPTION

A. Work Included: Prepare and place topsoil on a previously prepared subgrade. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include: i. Section 31 00 00 - Earthwork ii. Section 31 10 00 - Site Clearing iii. Section 32 92 19 - Seeding 1.02 REFERENCES A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in these specifications using the abbreviations shown: B. Virginia Department of Transportation – Road and Bridge Specifications (VDOT): i. 602: Topsoil C. Virginia Erosion and Sediment Control Handbook (VESCH): i. 3.30: Topsoiling 1.03 DELIVERY, STORAGE AND HANDLING A. General: Topsoil shall be stripped and stockpiled in accordance with Sections 31 10 00 – Site Clearing and 31 00 00 - Earthwork and shall conform to the pertinent provisions of VESCH 3.30. 1.04 MAINTENANCE A. Erosion: Employ erosion and sediment control practices as necessary to prevent soil erosion until adequate vegetative cover has developed. Topsoil which erodes shall be replaced with topsoil of like character until adequate vegetative cover has developed. PART 2 - PRODUCTS 2.01 GENERAL: A. Topsoil shall conform to the pertinent provisions of VESCH 3.30 and VDOT Section 602, except as described herein. B. Use all on-site stockpiled topsoil which is free from matted weeds and sod; clods and stones larger than 2 inches; toxic substances, litter, or other deleterious material. i. Topsoil must also be free of plant parts of Quackgrass, Johnsongrass, Mugwort, Net- sedge, Poison Ivy, Canadian Thistle or other species which might compete with the desired plant growth. ii. Topsoil shall not contain toxic substances harmful to plant growth, such as pesticide res- idues. iii. Additional Topsoil: Contractor shall provide additional topsoil from outside the project limits as required from sources approved by the Owner.

2.02

32 91 19 - 1

LAWN AREA TOPSOIL MIX (Playfield Soil): A. Description: Lawn Area Topsoil mix shall consist of 60% Sand and 40% Decomposed Organic Amendment by volume. Lawn Area Topsoil shall be thoroughly mixed off site and delivered to the project site in a loose, blended, and well-graded homogeneous mix. B. The Sand component shall meet the following particle gradation, with an allowable accumulated variance of up to 10% provided no single screen varies by more than 2.5%:

Screen Size Percent Retained Percent Passing 1/4 inch 0% 100% #4 .3 99.7 #10 14 86 #16 29 71 #30 57.9 42.1 #60 88.7 11.3 #100 95.7 4.3 #200 98.5 1.5

C. Decomposed Organic Amendment shall consist of composted yard debris or organic waste material composted for a minimum of 3 months. Compost shall consist of 100% recycled content. D. In addition, the organic amendment shall have the following physical characteristics: i. Shall be screened using a sieve no finer than 5/16 inch and no greater than 7/16-inch. ii. Shall pass a standard cress test for seed germination (90% germination compared to standard). iii. Shall have a pH from 5.5 to 7.5. iv. Shall have a maximum electrical conductivity of 3.0 ohms/cm. v. Shall have a maximum carbon to nitrogen ratio of 40:1. vi. Shall be certified by the Process to Further Reduce Pathogens (PFRP) guideline for hot composting as established by the United States Environmental Protection Agency. E. Lawn Area Topsoil Mix shall have ph range of 5.0 - 7.5 with dolomite limestone added as required to attain this range. 2.03 PLANTING AREA TOPSOIL MIX (Planting Soil): A. Description: The Planting Area Topsoil Mix is intended for use in Landscape Planting (shrub bed) Areas and shall consist of 67% Sandy/Loam Mix component and 33% Decomposed Or- ganic Amendment by volume and shall meet or exceed the following requirements: i. The Sandy/Loam Mix component of the Planting Soil Mix shall be soil, based on USDA standards and shall have the following characteristics: Class Particle Size Range Coarse sand 0.5 - 2.0 mm All sands 0.05 - 2.0 mm Silt 0.002 - 0.05 mm Clay <0.002 mm

32 91 19 - 2

ii. The Sandy/Loam component shall also meet or exceed the following specifications:

Screen Size Percent Retained Percent Passing 6.35mm 5% 95% #10 15 85 #30 50 50 #60 60 40 #100 80 20 #200 90 10 iii. The Decomposed Organic Amendment component shall consist of composted yard debris or organic waste material composted for a minimum of 3 months. Compost shall consist of 100% recycled content. iv. In addition, the Decomposed Organic Amendment shall have the following physical characteristics: (a) Shall be screened using a sieve no finer than 5/16 inch and no greater than 7/16- inch. (b) Shall pass a standard cress test for seed germination (90% germination compared to standard). (c) Shall have a pH from 5.5 to 7.5. (d) Shall have a maximum electrical conductivity of 3.0 ohms/cm. (e) Shall have a maximum carbon to nitrogen ratio of 40:1. (f) Shall be certified by the Process to Further Reduce Pathogens (PFRP) guideline for hot composting as established by the United States Environmental Protection Agen- cy. B. Planting Area Topsoil Mix shall have a pH range of 5.0 - 7.5. 2.04 FERTILIZERS: A. Description: Lawn Installation/Starter Fertilizer (10-20-20). i. Starter Fertilizer shall be used for the initial seeding installation whether it is done by means of Hand Seeding, Hydroseeding or Drill (Mechanical) Seeding method. B. Description: Lawn Maintenance/Follow up Fertilizer (16-16-16). i. Maintenance Fertilizer shall be used for the follow up fertilizing whether the initial seeding is done by means of Hand Seeding, Hydroseeding or Drill (Mechanical) Seeding method. 2.05 LIME: A. Description: Fine ground Dolomite Limestone (Lime). i. Quality Assurance: Shall be retained by Taylor Standard Sieves as follows: ii. No. 20 sieve - retains 0% iii. No. 100 sieve - retains 25% 2.06 Other Materials: A. Other Materials that shall be replaced, which are not covered elsewhere in these Specifica- tions, shall be replaced in-kind or with an equal or better grade as approved by the Engineer prior to delivery to the site.

32 91 19 - 3

PART 3 - EXECUTION 3.01 PREPARATION A. General: Preparation of subgrade shall follow the processes described in VESCH 3.30 and VDOT Section 602. B. Special: Topsoil shall be placed only upon friable graded surfaces which have been approved by the Architect/Engineer. When subgrade is not properly friable, Contractor shall prepare the surface by discing or rototilling to a minimum depth of 2 inches. 3.02 APPLICATION A. General: Application of topsoil shall follow the process as described in VESCH 3.30 and VDOT Section 602. B. Distribution: Stockpiled topsoil shall be uniformly distributed over all denuded areas. Topsoil shall have a minimum thickness of 4 inches after natural settlement and light rolling, or greater depth if specified on the plan drawings. Topsoil shall conform to the grades and elevations as shown on the plans. Hand rake areas inaccessible to machine grading. C. Compaction: Topsoil shall be compacted by one pass of a cultipacker, roller, or other approved equipment weighing 100-160 pounds per linear foot of roller. D. Conditions: Topsoil shall not be placed when either the topsoil or the subgrade is frozen, excessively wet, extremely dry, or in a condition otherwise detrimental to proper grading. 3.03 QUALITY ASSURANCE A. General: Topsoil which is inadequate or unsuitable for healthy plant growth shall be disposed of by the Contractor and replaced as necessary with topsoil similar in texture and composition to other on-site topsoil, at no additional cost to the Owner.

END OF SECTION

32 91 19 - 4

SECTION 32 92 19 SEEDING

PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: Furnish and install lime, fertilizer, seed, mulch, and water on all disturbed areas on the site, in strict accordance with this Section and as shown on the drawings. Work in this section includes permanent seeding and, when required, temporary seeding. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 66 00 – Product Storage and Handling Requirements ii. Section 32 91 19 – Topsoil Placement and Grading

1.02 REFERENCES

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. Virginia Department of Transportation Road and Bridge Specifications (VDOT):

i. 244: Roadside Development Materials ii. 602: Topsoil iii. 603: Seeding iv. 606: Soil Retention Coverings

C. Virginia Erosion and Sediment Control Handbook (VESCH):

i. 3.31: Temporary Seeding ii. 3.32: Permanent Seeding iii. 3.35: Mulching iv. 3.36: Soil Stabilization Blankets and Matting

1.03 SUBMITTALS

A. General: When requested by the Architect/Engineer at any time during the landscape installation, Contractor shall submit the following in accordance with the Conditions of the Contract.

i. Soil Analysis: Soil analysis test reports and soil amendment application rate recommendation shall be submitted and approved prior to the commencement of seeding operations. ii. Hydroseeding: When hydroseeding is proposed, Contractor shall submit information on the mixture to be used including fertilizer, lime, and mulch. iii. Product Data: Contractor shall furnish labels or other appropriate product data for landscape materials. This may include but is not limited to: labels showing lime and fertilizer analysis; labels showing seed mixture contents and analysis; and labels from geotextile fabrics and similar materials. iv. Samples: Contractor shall furnish samples of landscape materials.

32 92 19-1

1.04 QUALITY ASSURANCE

A. General: Use adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. B. Equipment: Use equipment adequate in size, capacity, and numbers to accomplish the work of this Section in a timely manner. C. Seed: Provide seed mixture in containers showing percentage of seed mix, year of production, net weight, date of packaging, and location of packaging. D. Soil Amendments: Provide fertilizers, lime and other soil amendments in containers showing analysis, contents, and volume or weight.

1.05 DELIVERY, STORAGE, AND HANDLING

A. General: Shall be in accordance with Section 01 66 00 – Product Storage and Handling Re- quirements. B. Delivery: All seed shall be kept cool, dry and free of contaminants during transportation. Seed and soil amendments shall be delivered in original, unopened containers with appropriate labels attached. C. Storage: Seed which is not sown within 24 hours after delivery shall be stored as follows, unless other methods of storage are requested by the Contractor and approved by the Engineer.

i. Seed storage location shall be cool, dry, and sheltered from wind, traffic and construction activities. ii. Fertilizers, lime, herbicides, insecticides, and other agricultural chemicals shall be stored separately from the seed.

D. Replacement: Seed which is heated, moistened, or otherwise damaged during transportation or storage shall be rejected and replaced by the Contractor at no additional cost to the Own- er. Seed in damaged or opened packaging shall be rejected and replaced by the Contractor at no additional cost to the Owner.

1.06 PROJECT CONDITIONS

A. General: For areas specifically designated on the plans, the Contractor shall analyze the topsoil and base soil amendment application rates on recommendations received. For areas not specifically designated on the plans, the Contractor may elect to analyze topsoil and base application rates on recommendations received, in lieu of rates specified herein. B. Soil Analysis: When performed, the Contractor shall have the topsoil analyzed by a qualified laboratory or county extension service for pH and nutrient levels. The soil test report shall provide fertilizer and lime recommendations for turf. One sample shall be gathered per acre of landscaped area, but no less than three samples shall be gathered, unless directed otherwise by the Architect/Engineer. The Contractor shall provide a copy of the report to the Ar- chitect/Engineer.

32 92 19-2

1.07 WARRANTY

A. General: Contractor shall perform periodic inspection of the seeded areas during the warranty period. B. Warranty Maintenance (Contractor): Contractor shall provide, during the warranty period, maintenance as necessary to establish a healthy uniform stand of turf. Contractor’s maintenance shall generally include overseeding, application of amendments, and repair of erosion as necessary. C. Warranty Maintenance (Owner): On building sites and easements outside of highway rights- of-way, property Owner shall provide routine maintenance of seeded areas during the warranty period including water, and mowing. It shall be the Contractor’s responsibility during the warranty period to provide written notice of any unsuitable or inappropriate maintenance practice to the Owner and Architect/Engineer, which in the Contractor’s opinion, is adversely affecting turf growth. In the event of conflict, Architect/Engineer will render an opinion binding on both parties.

1.08 MAINTENANCE

A. General: Seeded areas shall be maintained as necessary to establish a healthy, uniform stand of turf until substantial completion. Maintenance shall consist of watering, mowing, fertilizing, weed removal, disease and insect removal, and where erosion occurs, repair.

PART 2 - PRODUCTS

2.01 MATERIALS

A. Grass seed: Seed shall comply with all applicable state and federal seed laws and contract requirements. Seed shall comply with provisions of VESCH 3.31 or 3.32 and VDOT Section 244.

i. Grass seed shall consist of pure, live, certified grass seed mixture, of the latest crop, and containing weed seed less than 0.5 percent by weight of the total mixture. ii. Seed mixture(s) for permanent seeding shall be selected from the following table, based on the time of year during which seeding is to occur. Numbers indicate pounds of seed per acre. Bermudagrass shall be used in the Southern Piedmont and Coastal Plain, and Kentucky Bluegrass shall be used in the Northern Piedmont and Mountains. Bermu- dagrass and Kentucky Bluegrass shall not be included in the same mixture.

Feb. 1 – May 1 – Sept. 1 – Nov. 16 – Southern Piedmont and Coastal Plain (1) April 30 Aug. 30 Nov. 15 Jan. 31 Feb. 1- May 16- Aug. 16 - Oct. 16 – Northern Piedmont and Mountains (2) May 15 Aug. 15 Oct. 15 Jan. 31 Grass Type Mixture A Mixture B Mixture C Mixture D Bermudagrass (1) (Cynodon dactylon) OR 175 175 175 175 Kentucky Bluegrass (2) (Poa pratense) Turf-Type Tall Fescue (Festuca hybrids) 25 25 25 25 Weeping Lovegrass (Evagrostis curvula) 20 - 24 - Foxtail Millet (Setaria italica) - 80 8 - Rye (Secale cereale) 20 - 8 8 TOTAL WEIGHT 240 280 240 208

32 92 19-3

iii. Where specified on plans, crown vetch seed shall be added to the specified seed mixture at a rate of 10 pounds per acre. iv. Seed mixture(s) for temporary seeding shall consist of two seed types selected from the appropriate mixture in the table below. Selection of the particular mixture shall be based on the time of year during which seeding is to occur. Numbers indicate pounds of seed per acre.

Southern Piedmont and Coastal Plain Feb. 16 – May 1 – Sept. 1 – Nov. 16 – April 30 Aug. 30 Nov. 15 Jan. 31 Northern Piedmont and Mountains March 1 – May 1 – Aug. 16 – Nov. 1 – April 30 Aug. 15 Oct. 31 Feb. 28/29 Seed Type Mixture A Mixture B Mixture C Mixture D Oats (Avena sativa) 50 - - - Rye (Secale cereale) 35 - 35 35 Foxtail Millet (Setaria italica) - 30 - - Annual Ryegrass 35 - 35 40 (Lolium multifolium) Weeping Lovegrass - 10 - - (Evagrostis curvula) Korean Lespedeza 15 15 - - (Lespedeza stipulacea)

B. Fertilizer: Fertilizer shall be commercially-prepared and granular. Fertilizer shall be uniform in composition, dry, and free-flowing.

i. Fertilizer must comply with pertinent provisions of VESCH and VDOT Section 244 Ferti- lizer shall conform to all applicable state and federal regulations. ii. Fertilizer for permanent seeding shall be complete with a 10-20-10 or 15-30-15 analysis (percentages by weight of nitrogen, phosphorous and potassium, respectively) or as recommended in the soil test report and approved by the Architect/Engineer. iii. Fertilizer for temporary seeding shall be complete with a 10-20-10 or 15-30-15 analysis (percentages by weight of nitrogen, phosphorous and potassium, respectively).

C. Mulch: Oat or wheat straw shall be used. Straw shall be dry and free from weeds, weed seeds, and foreign matter detrimental to plant life. Mulch shall conform to VDOT Section 244. D. Straw blanket: Straw blanket shall consist of a 100 percent straw blanket sewn into a lightweight photodegradable net. The straw blanket shall be designed for installation on 3:1 and steeper slopes. Weight of blanket shall be approximately 0.5 pounds per square yard. Straw blankets shall be used in areas indicated on plans. E. Paper matting: Paper matting shall consist of a flexible knitted construction of high strength degradable yarn interwoven with strips of biodegradable paper. Weight of matting shall be approximately 0.2 pounds per square yard. F. Water: Water shall be potable or clean water free of contaminants harmful to plant growth. Brackish water shall not be used. G. Lime: Unless otherwise noted, lime shall be agricultural ground or pulverized limestone.

32 92 19-4

PART 3 - EXECUTION

3.01 PREPARATION

A. General: Rake the soil surface to remove all root clumps, stones, and debris 1 inch or greater in size. True up all depressions and edges. Soil in the area to be seeded shall be prepared in accordance with VESCH 3.36 and VDOT Section 602 and 603. B. Grading: Establish a smooth grade ready to receive seed. Finish grade must conform to the grades and elevations as shown on the plans. C. Topsoil: Topsoil shall be in place for all areas to be permanently seeded in accordance with Section 32 91 19 – Topsoil Placement and Grading.

3.02 APPLICATION

A. General:

i. Seeding shall conform with VESCH 3.31 or VESCH 3.32, and VDOT Section 603. Initial seeding shall consist of uniformly applying seed, mulch, and water on prepared areas. Over-seeding shall consist of applying seed, mulch, and water to areas previously seeded.

B. Lime:

i. Apply lime uniformly at the rate of 2 tons per acre or as recommended in the soil test report, using approved application method. After application, the soil shall be loosened to a depth of 4 inches by disking, harrowing, or other approved method. Washed and disturbed areas shall be final dressed prior to applying fertilizer. Lime application is not required for areas to be temporarily seeded for periods less than 4 months.

C. Fertilizer:

i. Incorporate fertilizer into top 4 inches of soil by discing or power rake. ii. For areas to be permanently seeded, apply fertilizer uniformly at the rate of 1000 pounds per acre for 10-20-10, 670 pounds per acre for 15-30-15, or as recommended in the soil test report. iii. For areas to be temporarily seeded, apply fertilizer uniformly at the rate of 500 pounds per acre for 10-20-10 or 335 pounds per acre for 15-30-15.

D. Seeding Time:

i. Seed shall be sown during favorable weather conditions. Seed shall not be sown when the ground is frozen or when air temperatures are below freezing. Do not sow under windy conditions.

E. Seeding:

i. Sow seed uniformly, dividing the selected rate in half and sowing in cross directions using a mechanical spreader. Do not allow seed to drift into adjacent planting beds.

32 92 19-5

F. Raking:

i. After machine sowing, lightly cover seed and provide a smooth surface by raking.

G. Mulching:

i. Mulching shall comply with the pertinent provisions of VESCH 3.35 and VDOT Section 603. ii. Apply mulch within 48 hours of sowing seed. Apply mulch of loose straw uniformly at the rate of 2 tons per acre. Between October 16 and January 31, the application rate shall be increased to 3 tons per acre. Mulch shall be anchored to the seeded surface by discing, netting, or by other methods approved by the Architect/Engineer. iii. Areas to be temporarily seeded need be mulched only during the fall or during the summer when weather conditions are excessively hot or dry. iv. On slopes steeper than 2:1, paper matting shall be installed after fertilizing and seeding to serve as both mulch and mulch anchor. Application of matting shall be according to VESCH 3.36 and VDOT Section 606.

H. Watering:

i. Immediately after completion of mulching, apply water thoroughly to mulch and seedbed with a fine mist spray. Water heavily once per week during dry weather until a thick cover of grass is established.

I. Hydroseeding:

i. Hydroseeding may be used as an alternative application method upon approval of the Architect/Engineer and Owner. The use of alternative soil amendments and mulch will be considered provided the application rates comply with the rates specified in this section.

END OF SECTION

32 92 19-6

SECTION 32 92 20 TREES, PLANTS, AND GROUND COVERS PART 1 - GENERAL

1.01 DESCRIPTION A. Provide trees, plants, and ground covers as shown and specified. The work includes: i. Soil preparation. ii. Trees, plants, and ground covers. iii. Planting mixes. iv. Mulch and planting accessories. v. Existing plant relocation. B. Related work: i. Section 31 00 00: Earthwork. ii. Section 32 92 19: Seeding.

1.02 QUALITY ASSURANCE A. Plant names indicated, should comply with “Standardized Plant Names” as adopted by the latest edition of the American Joint Committee of Horticultural Nomenclature. Provide stock true to botanical name. Do not substitute without permission of owner or owner’s representative. B. Comply with sizing and grading standards of the latest edition of “American Standard for Nursery Stock.” A plant shall be dimensioned as it stands in its natural position. C. For plant material grown in fabric-ground containers, the following chart shall determine root mass size in relation to caliper:

Fabric-ground Suggested Container Diameter Caliper of Size Plant

10” 1” 12” 1” 14” - 16” 1 ½” -2” 18” - 20” 2” - 3” 22” - 24” 3” - 4”

D. All plants shall be nursery grown under climatic conditions similar to those in the locality of the project. Plants shall be true to species and variety specified and nursery-grown in accordance with good horticultural practices. The plants shall have been freshly dug (during the most recent favorable harvest season). E. Stock furnished shall be at least the minimum size indicated. Larger stock is acceptable, at no additional cost to owner. Root systems must meet AAN standards as specified. Plants should not be altered by pruning or other means to meet specifications.

i. Caliper measurements shall be taken on the trunk 6 in. above the natural ground line for trees up to and including 4 in. caliper, and 12 in. above the natural ground line for trees over 4 in. in caliper.

32 92 20-1 F. Provide “specimen” plants with a special height, shape or character of growth. Specimen trees or shrubs may be tagged at the source of supply. The Owner’s Representative may inspect specimen selections at the source of supply for suitability and adaptability to selected location. When specimen plants cannot be purchased locally, provide sufficient photographs of the proposed specimen plants for approval. G. Plants may be inspected and approved at the place of growth, for compliance with specification requirements for quality, size and variety. H. Substitutions of plant materials will not be permitted unless authorized in writing by the landscape architect of record. If proof is submitted in writing that a plant specified is not obtainable, contractor shall contact the landscape architect of record and consideration will be given to the nearest size or similar species or cultivar, with a corresponding adjustment to the contract price.

1.03 SUBMITTALS A. Submit the following material samples, if requested: i. Mulch -Bulk or Bagged. ii. Decorative Stone or Gravel -Bag or Bulk B. Submit the following materials certification, if requested: i. Topsoil source and pH value. ii. Peat moss, compost, or other organic soil amendments iii. Plant fertilizer.

1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver fertilizer materials in original, unopened and undamaged containers showing weight, analysis, and name of manufacturer. Store in manner to prevent wetting and deterioration. B. Take all precautions customary in good nursery practice to prepare plants for transport. Workmanship, which fails to meet the highest standards, will be rejected. Spray deciduous plants in foliage with an approved Anti- Desiccant immediately before digging to prevent dehydration. Dig, pack, transport, and handle plants with care to ensure protection against injury. C. Cover plants transported on open vehicles with a protective covering to prevent windburn.

1.05 PROJECT CONDITIONS A. Work notification: Notify Owner’s Representative at least five (5) working days prior to installation of plant material. B. Protect existing utilities, paving, and other facilities from damage caused by landscaping operations. Call Miss Utility to mark underground utilities a minimum of 48 hours before digging. C. Perform work in a manner which will avoid any damage to utilities; contractor shall hand excavate areas as required. D. In the event that damage occurs, immediately make all repairs and regrade the area to the approval of the Engineer. E. When conditions detrimental to the plant’s growth are encountered, such as poor soils, rock and obstructions, notify the project Landscape Architect immediately.

32 92 20-2 F. A complete list of plants, including a schedule of sizes, quantities, and other requirements is shown on the drawings. In the event that quantity discrepancies or material omissions occur in the plant materials list, the planting plans shall govern. Payment shall be based on actual installed plant count.

1.06 WARRANTY A. Warrant plant material to remain alive and be in a healthy, vigorous condition for a period of one (1) year after acceptance, provided plants are given proper care during this period in accordance with the section 3.05 of this specification. i. Contractor to call for final inspection of plants. B. Remove and immediately replace all plants (unless required to plant in succeeding planting season), as determined by the Owner’s Representative, to be unsatisfactory during the initial planting installation. C. Replace once, in accordance with the drawings and specifications, all plants that are dead or, as determined by Owner’s Representative, are in a severely unhealthy condition within warranty period. Replacements to be installed at next best planting season. D. Warranty shall not include damage or loss of trees, plants, or ground covers caused by fires, floods, drought, freezing rains, lightning storms, or winds over 75 miles per hour, winter kill caused by extreme cold and severe winter conditions not typical of planting areas; acts of vandalism or negligence on the part of the Owner. Any replacement attributed to these causes must be in addition to the contract amount.

PART 2 - PRODUCTS

2.01 MATERIALS A. Plants: Provide plants typical of their species or variety; with normally developed branches and vigorous root systems. Provide only sound, healthy, vigorous plants free from defects, disfiguring knots, sunscald injuries, frost cracks, abrasions of the bark, plant diseases, insect eggs, borers, and all forms of infestation. i. Dig balled and burlapped plants with firm, natural balls of earth of sufficient diameter and depth as necessary for full recovery of the plant. Provide ball sizes complying with the latest edition of the “American Standard for Nursery Stock.” Cracked or mushroomed balls are not acceptable. ii. Container-grown stock shall have grown in a container for sufficient length of time for the root system to have developed to hold its soil together, firm and whole. iii. No plants shall be loose in the container. iv. Container stock shall not be pot bound. v. If the use of larger than specified plants is acceptable, increase the spread of roots or root ball in proportion to the size of the plant. vi. The height of the trees, measured from the crown of the roots to the top of the top branch, shall not be less than the minimum size and variety designated in the plant list and according to the AAN Standards for Nursery Stock. vii. Shrubs and small plants shall meet the requirements for spread and/or height indicated in the plant list and be in accordance with AAN standards.

32 92 20-3 2.02 ACCESSORIES A. Topsoil for planting beds: Fertile, friable, natural topsoil without admixture of subsoil material, obtained from a well-drained arable site, reasonably free from clay, lumps, coarse sands, stones, plants, roots, sticks, and other foreign materials, with acidity range of between pH 5.5 to 6.0 and be typical of the area. i. Identify source location of topsoil proposed for use on the project. ii. Provide topsoil free of substances harmful to the plants which will be grown in the soil. B. Peat moss: Brown to black in color, weed and seed free granulated raw peat or baled peat, containing not more than 9% mineral on a dry basis. C. Organic Matter- Organic matter can be from peat moss, compost, or locally available organic waste. Organic matter should be free from debris, weed seeds, and insects or diseases which may be harmful to the intended planting. D. Plant fertilizer: Commercial type approved by the Owner’s Representative, containing 10% nitrogen, 10% phosphoric acid and 10% potash by weight, or as specified. E. Anti-Desiccant: Protective film emulsion providing a protective film over plant surfaces; permeable to permit transpiration. Mixed and applied in accordance with manufacturer’s instructions. F. Water: Hoses or other methods of transportation furnished by Contractor. Water to be provided by the Owner at the site. G. Stakes for staking: Hardwood, 2” x 2” (6-8’) long (2x4 pine is permissible). H. Stakes for guying: Hardwood, 2” x 2” x 24” long. I. Guying/staking wire: 12- or 14-gauge galvanized wire. J. Turnbuckles: Galvanized steel of size and gauge required to provide tensile strength equal to that of the wire. Turnbuckle openings shall be at least 3”. K. Staking and guying hose: Two-ply, reinforced garden hose not less than ½” inside diameter. Shall be uniform in color. L. Plastic guy material no less than ¼”. Shall be uniform in color and level as applied. M. Twine: Two-ply jute material. N. Weed control barrier: Rot resistant polypropylene fabric or equivalent, water and air permeable. O. Refer to Section 32 94 00 - Planting Accessories for any additional planting accessories (if specified).

32 92 20-4 PART 3 - EXECUTION

3.01 INSPECTION A. Examine proposed planting areas and conditions before installation. Do not start planting work until unsatisfactory conditions are corrected. 3.02 REPARATION A. Time of planting: i. Evergreen material: Plant evergreen materials between September 1 and December 1 or in spring before new growth begins. If Owner requires planting at other times, plants shall be sprayed with anti-desiccant prior to digging operations, weather dependent. B. Deciduous material: Plant deciduous materials in a dormant condition. If deciduous trees are planted in- leaf, they shall be sprayed with an anti-desiccant prior to digging operation. C. Planting shall be performed only by experienced workmen familiar with planting procedures under the supervision of a qualified supervisor. D. Locate plants as indicated on drawings. If obstructions are encountered that are not shown on the drawings, do not proceed with planting operations until Owner’s Representative has selected alternate plant locations. E. Excavate circular plant pits with sloped sides, except for plants specifically indicated to be planted in beds. Provide shrub pits at least twice as wide as the root system and 24” greater for trees. Depth of pit shall be no greater than the root ball depth. Scarify bottom of the pit. Remove excess excavated materials from the site. F. Provide pre-mixed ground cover bed planting mixture for use around the balls and roots of the plants consisting of five (5) parts existing soil to one (l) part peat moss and lb. plant fertilizer for each cubic yard of mixture or equivalent. Bagged bark professional mixes are an equivalent substitute for peat moss. G. Provide pre-mixed ground cover bed planting mixture consisting of three (3) parts existing soil to one (l) part peat moss and 1lb. plant fertilizer per cubic yard. Provide beds a minimum of 6” deep. Bagged bark professional mixes are an equivalent substitute for peat moss.

3.03 INSTALLATION A. Planting: i. Set plant material in the planting pit to proper grade and alignment. If Fabric In-ground container material is used, remove fabric bag first. Set plants upright, plum and faced to give the best appearance or relationship to each other or adjacent structure. Set plant material no lower than the finish grade or 2” - 3” above finished grade. No filling will be permitted around trunks or stems. Back fill the pit with existing soil or approved top soil or mix. Form a ring of soil around the edge of each planting pit to retain water. ii. After plants are set, muddle planting soil mixture around bases of balls and fill all voids. iii. Remove all burlap, ropes, and wires from the collar of balls. iv. Space ground cover plants in accordance with indicated dimensions. B. Watering: i. Water planting thoroughly to pull soils against root ball and settle air pockets. Additional soil may be needed, water again to ensure complete compaction.

32 92 20-5 C. Mulching: i. Mulch tree and shrub planting pits and shrub beds with required mulching material 2” - 3” deep immediately after planting. After watering, rake mulch to provide a uniform finished surface. ii. Mulch ground cover beds with mulch 2” deep before planting. D. Wrapping, guying, staking: i. Wrapping should be done only on an as need basis. E. Staking/Guying: i. Stake/guy should only be used when trees are loose or weak stemmed. (See Staking details on the drawings) F. Pruning: i. Remove or cut back broken, damaged and asymmetrical growth of new wood. ii. Unless otherwise directed, prune evergreens only to remove broken or damaged branches. G. Existing plant relocation: i. Transplant trees and shrubs designated for relocation to locations shown on the drawings. Prune, dig, ball and burlap, move and plant in accordance with specified tree planting requirements. ii. Prune, dig, ball and burlap, and move designated trees for relocation to the designated plant storage area for heeling-in of materials until final planting areas are prepared, if required. iii. Maintain plants in storage areas by bracing plants in vertical position and setting balls in an enclosed berm of topsoil or bark. Water as required to maintain adequate root moisture. iv. Re-burlap plant balls if required before final transplanting operations. v. Move to final locations shown on the drawings and plant in accordance with specified tree planting requirements. vi. Transplants are not under warranty.

3.04 SUBMITTALS A. Submit the following material samples, if requested: i. Mulch -Bulk or Bagged. ii. Decorative Stone or Gravel -Bag or Bulk B. Submit the following materials certification, if requested: i. Topsoil source and pH value. ii. Peat moss, compost, or other organic soil amendments iii. Plant fertilizer.

3.05 MAINTENANCE A. Maintenance of installed and accepted plantings will be performed by the Owner.

32 92 20-6 B. Contractor’s maintenance shall include pruning, cultivating, weeding, watering, and application of appropriate insecticides and fungicides necessary to maintain plants free of insects and disease until acceptance.

i. Re-set settled plants to proper grade and position. Restore planting saucer and adjacent material and remove dead material. ii. Tighten and repair guy wires and stakes as required, only if originally needed. iii. Correct defective work as soon as possible after deficiencies become apparent and weather and season permit. iv. Water trees, plants and ground cover beds.

3.06 ACCEPTANCE A. Planted areas will be inspected at completion of installation and accepted subject to compliance with specified materials and installation requirements. B. Inspection upon contractors request to determine acceptance of planted areas will be made by the Owner’s Representative.

i. Planted areas will be accepted provided all requirements have been complied with and plant materials are alive and in a healthy, vigorous condition. C. Sections of the work may be accepted when complete upon agreement of the Owner’s Representative and the Contractor. D. Upon acceptance, the Owner will assume plant maintenance.

3.07 CLEANING A. Perform cleaning during installation and upon completion of the work. Remove from site all excess materials, soil, debris, and equipment. Repair damage resulting from planting operations.

END OF SECTION

32 92 20-7 SECTION 32 94 43 TREE GRATES PART 1 - GENERAL 1.01 SCOPE A. Furnish all materials, labor, tools, and equipment necessary for completion of the installation of tree grates where specified on the plans. 1.02 RELATED WORK A. Section 32 14 00 - Unit Pavers B. Section 03 30 01 – Cast-in-Place Concrete for Site Work C. Section 31 73 19 - Electrical Underground Ducts PART 2 - MATERIALS 2.01 Tree Grates A. Manufacturer: Tree grates and frames shall be as supplied by IRONSMITH,INC., 41-701 Corporate Way, Unit 3, Palm Desert, CA 92260 (800) 338-4766, no exceptions taken. B. Tree grates shall be: STARBURST-1 36 inch 1/2 ROUND-1/2 SQUARE Model 3614/15-1 with 16 inch tree opening. C. Tree grates material shall be cast gray iron from 100% recycled material. All tree grate castings shall be manufactured true to pattern and component parts, and shall fit together in a satisfactory manner. The castings shall be of uniform pattern and quality, free from blowholes, hard spots, shrinkage, distortion or other defects. Castings shall be cleaned by shot blasting. D. Finish: Grates are to be supplied with powder coat texture black. E. Matching steel angle frames model 3601F shall be provided with installation detail(s) per plans. F. Frames to be Powder coat Black PART 3 - EXECUTION 3.01 INSTALLATION A. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. B. Restore damaged finishes and test for proper function. Clean and protect work from damage. C. Remove or protect tree grates if concrete or pavers around tree well perimeter are chemically treated, acid washed, or if water from new concrete will wash onto grates. 3.02 TREE GRATES A. Install grates where indicated on plans flush and leveled with surrounding pavement surface. B. Install steel angle frame, in concrete flush and leveled with surrounding paving surface, maintain flush and leveled at all times. C. Frames MUST NOT slope in more than one direction. D. Use spreaders or stakes to keep frame from being distorted by concrete pressure, and clean concrete and debris from frame prior to tree grate installation. E. If needed, grind pads on underside of tree grates to level and prevent rocking. END OF SECTION

32 94 43 - 1 SECTION 33 03 00 UTILITY PIPE AND MATERIALS PART 1 - GENERAL

1.01 DESCRIPTION A. Work Included: The work in this section shall include the furnishing, installation, and testing of all pipe, fittings and structures, and furnishing the equipment, labor, and appurtenances for the installation of piped utilities. All work shall be completed as shown on the plans and as specified in related sections and hereunder. B. Related Sections: Additional Sections of the Documents which are referenced in this Section Include:

i. Section 01 33 00 - Submittal Procedures ii. Section 33 04 00 - Valves and Cocks iii. Section 31 23 33- Trenching and Backfilling iv. Section 33 10 00 - Water Utilities 1.02 REFERENCES A. General: The Work shall comply with the most recent or tentative standards as published at the date of the Contract and as listed in the Specifications using abbreviations shown. B. American Association of State Highway and Transportation Officials Publications (AASHTO):

i. M 170: Standard Specification for Reinforced Concrete Culverts, Storm Drain, and Sewer Pipe ii. M 198: Joints for Circular Concrete Sewer and Culvert Pipe Using Flexible Watertight Gaskets iii. M 252: Corrugated Polyethylene Drainage Tubing iv. M 294: Corrugated Polyethylene Pipe 12- to 24-in. in Diameter C. American Society for Testing and Materials (ASTM): i. A53: Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless ii. A74: Standard Specification for Cast Iron Soil Pipe and Fittings iii. A123: Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products iv. A139: Standard Specification for Electric-Fusion (Arc)-Welded Steel Pipe (NPS 4 and over) v. A312: Standard Specification for Seamless and Welded Austenitic Stainless Steel Pipe. vi. A760: Standard Specification for Corrugated Steel Pipe, Metallic Coated for Sewers and Drains vii. B88: Standard Specification for Seamless Copper Water Tube viii. B745: Standard Specification for Corrugated Aluminum Pipe for Sewers and Drains ix. C4: Standard Specification for Clay Drain Tile and Perforated Clay Drain Tile x. C14: Specification for Nonreinforced Concrete Sewer, Storm Drain, and Culvert Pipe xi. C76: Standard Specifications for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe xii. C412: Standard Specification for Concrete Drain Tile

33 03 00 - 1 xiii. C443: Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets xiv. C444: Standard Specification for Perforated Concrete Pipe xv. C654: Standard Specification for Porous Concrete Pipe xvi. C700: Standard Specification for Vitrified Clay Pipe, Extra Strength, Standard Strength, and Perforated xvii. C1173: Standard Specification for Flexible Transition Couplings for Underground Piping Systems xviii. D1149: Standard Test Method for Rubber Deterioration-Surface Ozone Cracking in a Chamber xix. D1784: Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlo- rinated Poly (Vinyl Chloride) CPVC Compounds. xx. D1785: Standard Specification for Poly (Vinyl Chloride) Plastic Pipe, Schedules 40, 80, and 120 xxi. D2241: Standard Specification for Poly (Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR Series) xxii. D2412: Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. xxiii. D2466: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Sched- ule 40 xxiv. D2564: Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems xxv. D2846/D2846M: Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Hot-and-Cold Water Distribution Systems xxvi. D3034-04a: Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings xxvii. D3212: Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexi- ble Elastometric Seals xxviii. D3350: Standard Specification for Polyethylene Plastics Pipe and Fittings Materials xxix. D5926: Standard Specification for Poly (Vinyl Chloride) (PVC) Gaskets for Drain, Waste, and Vent (DWV), Sewer, Sanitary, and Storm Plumbing Systems xxx. F405: Standard Specification for Corrugated Polyethylene (PE) Tubing and Fittings xxxi. F477: Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe xxxii. F493: Standard Specification for Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings xxxiii. F667: Standard Specification for Large Diameter Corrugated Polyethylene Pipe and Fit- tings xxxiv. F679: Standard Specification for Poly (Vinyl Chloride) (PVC) Large-Diameter Plastic Gravity Sewer Pipe and Fittings xxxv. F794: Standard Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter xxxvi. F1417: Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low-Pressure Air

33 03 00 - 2 D. American National Standard Institute (ANSI)/American Water Works Association (AWWA): i. C 104: Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water ii. C105: Standard for Polyethylene Encasement for Ductile Iron Pipe Systems iii. C 110: Standard for Ductile-Iron and Gray-Iron Fittings iv. C 111: Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings v. C 150: Standard for Thickness Design of Ductile-Iron Pipe vi. C 151: Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water vii. C 153: Standard for Ductile-Iron Compact Fittings, 3 In. Through 24 In. (76 mm Through 610 mm) and 54 In. Through 64 In. (1,400 mm through 1,600 mm), For Water Service viii. C 220: Standard for Stainless Steel Pipe 4 inches (100 mm) and Larger (Includes Adden- dum C 220a-99) ix. C 600: Standard for Installation of Ductile-Iron Water Mains and their Appurtenances x. C 605: Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water xi. C 900: Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. Through 12 in. (100 mm through 300 mm), For Water Distribution xii. C 901: Standard For Polyethylene (PE) Pressure Pipe And Tubing, ½ Inch (13 mm) Through 3 Inches (76 mm) For Water Service. E. Safety Codes Commission, Commonwealth of Virginia: i. Rules and Regulations Governing Manufacture, Storage, Use, and Sale of Explosives. F. American National Standard Institute (ANSI)/American Society of Mechanical Engineers (ASME): i. B 16.1: Cast Iron Pipe Flanges and Flanged Fittings, Class 25, 125, 250, and 800 ii. B 16.22: Wrought Copper and Copper Alloy Solder-Joint Pressure Fittings iii. B 16.42: Ductile Iron Pipe Flanges and Flanged Fittings 1.03 SUBMITTALS A. General: Submittals shall be in accordance with Section 01 33 00 - Submittal Procedures. B. Pipe material product data for all types used. Product data shall contain manufacturer certification of compliance with applicable ASTM, AWWA, and ANSI standards when applicable 1.04 QUALITY ASSURANCE A. Quality Assurance: All pipe and fittings shall be new, free from defects or contamination and shall, whenever possible, be the standard product of a single manufacturer. B. Manufacturers Limitations: Products used in the work of this section shall be manufactured in the U.S. where possible by manufacturers regularly engaged in production of similar items. C. All pipe and fittings shall be the diameter shown on the plans. 1.05 DELIVERY, STORAGE AND HANDLING A. Delivery, storage and handling shall be in accordance with Manufacturer’s recommendations and with the requirements of Section 01 66 00 – Product Delivery, Storage, & Handling. B. Inspect pipe and fittings upon arrival of materials at job site. C. Handle and store pipe materials and fittings to protect them from damage due to impact, shock, shear or free fall. Do not drag pipe and fittings along ground. Do not roll pipe unre- strained from delivery trucks.

33 03 00 - 3 D. Use mechanical means to move or handle pipe. Employ acceptable clamps, rope or slings around outside barrel of pipe and fittings. Do not use hooks, bars, or other devices in contact with interior surface of pipe to lift or move lined pipe. E. Store PVC pipe out of direct sunlight.

PART 2 - PRODUCTS 2.01 PVC PIPE A. General: Polyvinyl chloride pipe shall be made from clean, virgin, PVC compound conforming to a cell classification of 12454 as defined by ASTM D1784, and meet the following requirements: B. Water Mains and Pressure Pipe (C900) – lines 4” through 12” diameter:

i. Water main distribution pipe shall be made in accordance with AWWA C900. Integral bells shall incorporate gaskets meeting the requirements of ASTM F477 and be locked into the bell. The assembled join shall meet the requirements of ASTM D3139. The laying length of the pipe shall be 20 feet. The pipe and gasket must be tested and approved for contact with potable water in accordance with ANSI/NSF 61. The pipe and gasket shall be listed by Underwriters Laboratory and approved by Factory Mutual. Pipe shall be Pressure Class 200 - DR14. C. Water and Pressure Pipe – lines 2” through 3 ½” diameter (ASTM D2241): i. Water distribution pipe shall be made in accordance with ASTM D2241. Integral bells shall incorporate gaskets meeting the requirements of ASTM F477 and be locked into the bell. The assembled join shall meet the requirements of ASTM D3139. The laying length of the pipe shall be 20 feet. The pipe and gasket must be tested and approved for contact with potable water in accordance with ANSI/NSF 61. Pipe shall be Pressure Class 200 – SDR21. D. Water Service Tubing – lines ¾” through 1 ½” diameter: i. Pipe shall conform to ASTM D2737 and AWWA C901, pressure class 200 psi, with SODR 9 (CTS); pipe shall be listed under NSF Standard 14 for Potable Water. E. Gravity Sewer Pipe (SDR35): i. Pipe shall be made in accordance with ASTM D3034 from sizes four inches through fif- teen inch. The wall thickness, when testing according to ASTM D3412, shall correspond to a dimension ration of SDF 35 with a pipe stiffness value of 46. Integral bells shall incorporate locked in gaskets meeting the requirements of ASTM D3212 and F477. The laying length of the pipe shall be 14 feet. F. Drain, Waste, and Vent: i. Pipe shall be Schedule 40, Type 1, Grade 1, plain end conforming to ASTM D1784 and ASTM D1785 with solvent weld joints and fittings. ii. Miscellaneous Pipe: iii. Pipe for miscellaneous applications and where specified on the plans shall be Schedule 80 conforming to ASTM D1785 with solvent weld joints.

33 03 00 - 4 2.02 DUCTILE IRON PIPE: A. General: Ductile iron pipe (DIP) and fittings shall meet or exceed the following requirements: i. Pressure Class 350 in accordance with AWWA C150. ii. Cast in accordance with AWWA C151. iii. Cement lining in accordance with AWWA C104 except on air piping or as otherwise noted. iv. All lines below grade shall be constructed with push-on joints and mechanical joints at fittings. Pipe lines inside of building and exterior non-buried lines shall be with flanged joints. v. Rubber gasket joints shall be in accordance with AWWA C111. vi. Ductile iron pipe shall be incased in high density, cross laminated polyethylene film in accordance with AWWA C105. 2.03 REINFORCED CONCRETE PIPE (RCP) FOR DRAINAGE: A. Concrete pipe shall be Class III, ASTM C76 and shall conform to the requirements of VDOT Section 232. 2.04 POLYETHYLENE PIPE (Smooth Bore Type): A. Typical ‘corrugated plastic pipe’ with internal corrugations shall not be acceptable. B. Standard (ST) High Density Polyethylene (HDPE) Drain Pipe:

i. Pipe shall be solid high density polyethylene and shall meet the requirements of AASHTO M 294 Type S and of ASTM D3350 minimum cell classification. Standard HDPE pipe shall be used only for drainage applications outside of the state maintained public Right-of-Way. ii. The pipe shall have an integrally formed smooth waterway, including a full circular cross-section, with an outer corrugated pipe wall and an essentially smoother inner wall (waterway). Manning's "n" value for use in design shall not exceed 0.012. Size shall be as indicated on the plans. iii. Joints: Pipe shall be joined with a bell-and-spigot joint meeting the requirements of AASHTO M 294. The joint shall be watertight according to the requirements of ASTM D3212 and shall have gaskets be made of polyisoprene meeting the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. Joints shall remain watertight when subjected to a 1.5 degrees axial misalignment. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. C. High-Performance (HP) High Density Polyethylene (HDPE) Drain Pipe: i. Virgin material for pipe and fitting production shall be impact modified copolymer polypropylene conforming to the requirements of ASTM D4101. High-Performance HDPE pipe is manufactured for use in gravity-flow sanitary sewer applications but may also be used in drainage applications within the state maintained public Right-of-Way as a substitute for RCP pipe when desired. ii. The pipe shall have an integrally formed smooth waterway, including a full circular cross-section, with an outer corrugated pipe wall and an essentially smoother inner wall (waterway). Manning's "n" value for use in design shall not exceed 0.012. Size shall be as indicated on the plans. Pipe shall have a minimum pipe stiffness of 46pii when tested in accordance with ASTM D2412.

33 03 00 - 5 iii. Joints: Pipe shall be joined with a bell-and-spigot joint meeting the requirements of AASHTO M 294. The joint shall be watertight according to the requirements of ASTM D3212 and shall have gaskets be made of polyisoprene meeting the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. Joints shall remain watertight when subjected to a 1.5 degrees axial misalignment. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. Pipe bell shall be reinforced with a polymer composite band installed by the manufacturer. 2.05 COPPER WATER TUBE – lines ¼” through 2”: A. Copper water tubing shall be Type K (heavy wall) soft-type for underground services. Tubing shall conform to Federal-WW-T-799, ASTM B.88, and shall be approved and listed by Under- writers Laboratory. 2.06 CORRUGATED STEEL PIPE (CSP) for drainage: A. Typical ‘corrugated metal pipe’ with internal corrugations shall not be acceptable. The ALUMINIZED Type 2 STEEL pipe shall have coils that conform to the applicable requirements of AASHTO M 274 or ASTM A 929; the pipe shall be manufactured with the 3/4" x 3/4" x 7- 1/2" external ribs in accordance with the applicable requirements of AASHTO M-36 or ASTM A 760. Manning's "n" value for use in design shall not exceed 0.012. Size shall be as indicated on the plans. B. Joints: Pipe shall be joined with a bell-and-spigot joint meeting the requirements of AASHTO M 294. The joint shall be watertight according to the requirements of ASTM D3212 and shall have gaskets be made of polyisoprene meeting the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. Joints shall remain watertight when subjected to a 1.5 degrees axial misalignment. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. 2.07 STEEL CASING PIPE: A. Steel casing pipe shall conform to the materials standards of ASTM A139, Grade B, or approved equal. Only new prime pipe shall be permitted. The pipe shall have an exterior coat of bituminous material. Casing pipe and joints shall be of leak proof construction so as to prevent leakage of any substance from the casing throughout its length. Wall thickness shall be in accordance with Table A unless shown different on the plans.

TABLE A – PIPE WALL THICKNESS REQUIREMENTS Casing Pipe Size (in) Wall Thickness (in) Less than 18” 0.250 18 0.312 20 0.375 24 0.375 30 0.500 36 0.500 48 0.500

33 03 00 - 6 2.08 FITTINGS A. Polyvinyl Chloride (PVC) Fittings: Polyvinyl chloride fittings shall be made from clean, virgin, PVC compound conforming to ASTM D1784 and shall conform to the following requirements: i. Gravity Sewer: Fittings shall be gasketed bell type provided by the same manufacturer as the pipe and conforming to ASTM D3034-04a for SDR 35. ii. Drain, Waste, and Vent: Fittings shall be Schedule 40 socket type conforming to ASTM D2466. iii. Solvent Cement: Solvent cement for use on PVC pipe and fittings shall conform to ASTM F493 ASTM D2564, or ASTM D2846 as appropriate for pipe used. B. Ductile Iron Fittings: Ductile iron fittings shall conform to AWWA C104, AWWA C110 for standard body and AWWA C153 for compact body fittings, and meet the following requirements: i. Buried fittings shall be mechanical joint and supplied with the proper adapter and/or transition gasket for use with PVC pipe. ii. Flanged fittings shall be 125 pound fittings meeting ANSI/ASME B 16.42, or meeting ANSI/ASME B 16.1 for fittings not available in ductile iron. iii. Ductile iron fittings shall be incased in high density, cross laminated polyethylene film in accordance with AWWA C105. C. Couplings: Flexible couplings for use in joining gravity pipe of differing materials and/or sizes shall be constructed of elastomeric polyvinyl chloride conforming to ASTM C443, C1173, D5926 and secured to the connecting pipes using stainless steel screw type band clamps. Flexible couplings shall be similar to Series 1056 as manufactured by Fernco, Inc., Series 151 as manufactured by Indiana Seal, Series MR as manufactured by mission Rubber Company, or approved equal. i. Connections between DIP and PVC pressure pipe shall be done with regular mechanical joint sleeves as manufactured by American Cast Iron Pipe Company, Anvil International, Inc., Mueller Company or coupling systems similar to Styles 38 and 138 as manufactured by Dresser Industries, Inc., Style FCI-1-510 as manufactured by Ford Meter Box Compa- ny, Inc., Style 501 as manufactured by Romac Industries, Inc., or approved equal. D. Restrained Joint Fittings: If mechanical restraining glands are used as restraining mechanisms on joints, dimensions of the glands shall be such that they can be used with the standardized mechanical joint bell and tee head bolts conforming to the requirements of AWWA C 111 and AWWA C 153. E. High Density Polyethylene Fittings (Smooth Bore Pipe): Fittings shall conform to AASHTO M 294. Fabricated fittings shall be welded on the interior and exterior at all junctions. F. Casing Pipe Supports / Spacers: Spacers shall be made of Structural steel and conform to ASTM A36/A. For PVC and Polyethylene pipe, spacer shall have an EPDM insulating liner conforming to ASTM D-2000 75 E.

33 03 00 - 7 PART 3 - EXECUTION 3.01 EXCAVATION, BACKFILLING AND COMPACTION A. General: Trench excavation and backfilling shall be in accordance with Section 31 23 33 – Trenching and Backfilling. 3.02 SEPARATION OF WATER AND SEWER LINES A. Parallel Installation: i. Normal conditions – Water mains shall be separated at least 10 feet horizontally from a sewer or sewer manhole. The distance shall be measured edge-to-edge. ii. Unusual conditions – When local conditions prevent a horizontal separation of 10 feet, the Contractor shall notify the Engineer. The Engineer, after consultation with the Vir- ginia Department of Health, shall provide special instructions for construction within the area of conflict. In some cases, if authorized by the Engineer, the 10 foot separation requirement may be waived provided that: iii. The bottom (invert) of the water main shall be at least 18 inches above the top (crown) of the sewer. iv. Where this vertical separation cannot be obtained, the sewer shall be constructed of AWWA approved water pipe, pressure tested in place to 30 psi without leakage prior to backfilling. v. The sewer manhole shall be of watertight construction and tested in place. B. Crossings: i. Normal conditions – Water lines crossing over sewers shall have a separation of at least 18 inches between the bottom of the water line and the top of the sewer. ii. Unusual conditions – When local conditions prevent a vertical separation described above, the Contractor shall notify the Engineer. The Engineer, after consultation with the Virginia Department of Health, shall provide special instructions for construction within the area of conflict. In some cases, if authorized by the Engineer, the following construction shall be used: iii. Sewers passing over or under water mains shall be constructed of AWWA approved water pipe, pressure tested in place to 50 psi without leakage prior to backfilling. iv. Water lines passing under sewers shall, in addition, be protected by providing: C. A vertical separation of at least 18 inches between the bottom of the sewer and the top of the water line. D. Adequate structural support for the sewers to prevent excessive deflection of the joints and the settling on and breaking of the waterline. E. That the length of the water line be centered at the point of the crossing so that joints shall be equidistant and as far as possible from the sewer. F. Intersections: No water pipe shall pass through or come in contact with any part of the sewer or sewer manhole. G. Special Cases: In the event that existing utilities or field conditions make it impossible or im- practical to meet the separation requirements, the Contractor shall notify the Archi- tect/Engineer. The Architect/Engineer, after consultation with the Virginia Department of Health, shall provide special instructions for construction within the area of conflict.

33 03 00 - 8 3.03 INSTALLATION OF PIPE AND FITTINGS A. General: i. No valve, hydrant, or other appurtenance on existing water lines shall be opened or closed for any purpose by the Contractor. Any opening or closing of valves, hydrants, whatsoever shall be by the Owner of the utilities only. The Contractor shall notify the Owner of the utilities at least 24 hours prior to the need to open or close any appurtenance, except in emergencies, at which time the Owner of the utilities shall be notified immediately. ii. All manufactured pipes, fittings, and appurtenances shall be installed in conformance with the project specifications, all applicable state and local regulations, and in strict conformance with the manufacturer’s recommendations and referenced standards. B. Handling: i. Pipe shall be placed in the trench in such a manner as to prevent damage to pipe and protective coatings and linings. Under no circumstances shall pipe be dropped or dumped into the trench. As the temperature approaches or drops below freezing, extra care shall be used in handling pipe. C. Cleaning: i. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the line. Spigot and bell ends of pipe and gaskets shall be cleaned and lubricated according to manufacturer's instructions. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by a watertight plug. D. Cutting: i. Pipe shall be cut in a neat and workmanlike manner without damage to the pipe. Unless otherwise authorized by the Architect/Engineer, cutting shall be done by means of approved type of mechanical cutters. Wheel cutters shall be used when practicable. E. Direction of Laying: i. All pipe shall be laid with bell ends facing in the direction of laying unless otherwise directed by the Architect/Engineer. Where pipe is laid on a grade of 10 percent or greater, or for gravity pipe systems, the laying shall start at bottom and shall proceed upward with the bell ends of pipe upgrade. Each piece of pipe shall be laid true to line and grade. The bottom of the trench shall be smoothly graded and bell holes provided so that the trench bottom provides uniform support to the barrel of the pipe when in final position. Adjustments to line or grade shall be made by removing or adding granular material under the barrel. In no case shall wedges or blocks be used under the body of the pipe. The pipe shall be pushed fully "home" by hand, with a bar and block of wood to cushion the bell, or other methods for large diameter pipe. F. Bedding: i. Bedding of pipe shall be placed to the depth shown on the plans or standard details and shall be compacted to specified density. Bedding shall be in accordance with applicable local and state standards and specifications.

33 03 00 - 9 G. Lateral Connections: i. In-Line wyes and tees for cleanouts/laterals shall be installed during initial construction. When lines are required to be tapped, connections shall be made using an approved watertight saddle. Tapping into the ultra-rib pipe with the wye tapping saddle or the Fowler Inserta Tee will only be authorized to accommodate additional requirements subsequent to acceptance of project by the Owner or as explicitly authorized by the Ar- chitect/Engineer. H. Anchorage: i. For pipe installation at grades over 20 percent, the pipe shall be anchored in accordance with standard details. I. Deflection at Joints: i. Maximum deflection for force main and pressure pipe joints will be as follows: Allowable Deflection (in inches) Pipe Ductile Iron (Push on) Ductile Iron (Mechanical) PVC-AWWA Dia. Lengths Lengths 12’ 16’ 18’ 20’ 12’ 16’ 18’ 20’ (Push-on) 4" 12 17 19 21 21 28 31 34 12 6" 12 17 19 21 18 24 27 30 4 8" 12 17 19 21 13 18 20 22 3 10" 12 17 19 21 13 18 20 22 2.5 12" 12 17 19 21 13 18 20 22 2 16" 7.5 10 11 12 9 12 13.5 15 -

ii. Flexible pipe may be curved in the trench to the limits specified in “Allowable Deflection (in inches table above)”. Do not deflect PVC pipes in joints. Joints must be secured lat- erally in ditch and deflection effected in the barrel of the pipe unless specific allowance by manufacturer is provided in the joint. J. Installation of Fittings: i. Fittings shall be installed with the same care that mainline pipe is installed. Caps or plugs shall be braced to prevent blow off during testing. K. Jointing: i. Mechanical Joints: When installing mechanical joint (MJ) ductile iron pipe, the socket, spigot end and rubber gasket shall be thoroughly washed with soapy water to remove any grease or grit that might damage the gasket. In making up the joint, the gland for MJ pipe followed by the gasket, shall be placed over the plain end of the pipe and inserted into the socket. The gasket shall be pushed into position without excessive force and evenly seated in the socket of the pipe bell, and the gland for MJ pipe, then moved into position against the face of the rubber gasket. ii. Flanged Joints: Where flanged joints are used, they shall be installed by skilled workmen in accordance with the best standard practice. Bolts shall be tightened so as to evenly distribute the joint stress and insure proper pipe alignment.

33 03 00 - 10 L. Roadway Crossings through Casings: When special conditions require use of casings, care shall be taken to maintain the proposed plan grade. Before pushing the pipe through the casing, plastic/steel collars/insulators shall be strapped to the bells to keep the pipe centered in the casing and to prevent damage when installation is made. Care shall be taken to ensure that the installed pipeline is well secured to prevent movement. See standard details. i. All joints within casing pipe shall be restrained. M. Installation of Tees and Laterals: i. Tees and laterals shall be installed with the same care that mainline sewers are laid. ii. Slopes shall be not less than 1 percent unless otherwise indicated. iii. Laterals shall be the size indicated on the plans and of the same material as the main sewer pipe and shall run to locations indicated on the plans. iv. Laterals shall be properly capped and suitably sealed to prevent infiltration of water into the connections. v. Caps or plugs shall be braced to prevent blowoff during exfiltration or air testing. Ends of laterals shall be marked and braced. vi. Couplings shall be provided as needed for ductile iron pipe connections to plastic tees. vii. Rotation of mainlines and concrete support will be required for deeper installations. viii. Cleanouts per the appropriate detail shall be provided at the terminal points. See standard details. N. Cleanouts: i. Piping and fittings shall be constructed of the same materials as the main line sewer and shall conform to standard details. Reconnecting to existing laterals shall be accomplished with proper water tight transition couplings as required. O. Setting of Valves: i. Valves shall be installed in accordance with manufacturer's instructions and shall be in accordance with Section 33 0400 - Valves and Cocks and as shown on the standard details. P. Anchorage: Pressure pipe lines shall be protected against joint pulling or thrust damage by suitable concrete anchors, braces, tie rods or mechanical joint restraining devices installed at direction changes as a result of fittings and all other critical points. i. Rods and clamps shall be galvanized or otherwise rust proof treated. ii. Concrete anchors shall be of the size indicated in Standard Details CA-1, CA-2, CA-3 and shall bear on solid undisturbed earth. Stubouts and dead end lines shall be anchored in accordance with Standard Detail CA-5.

33 03 00 - 11 iii. Mechanical restraining devices shall be installed in accordance with standard details and conform to the following table or approved equal: Ductile Iron PVC C 900 or 905 PVC C 909 (Ultra Blue) Mechanical Megalug Series 1200 Megalug Series Megalug Series 2000PV/2000SV Joints Sigma Series One-Lok 2000PV/2000SV Sigma Series PVM UniFlange 1300 Sigma Series PVM UniFlange 1300 UniFlange 1400 UniFlange 1300 Romac Industries 612 Romac Industries 612 Push-On Megalug Series 1700 Megalug Series 1600/2800 Megalug Series 1600/2800 Joints Sigma Series SLDH Sigma Series PVP Sigma Series PVP UniFlange 1390 UniFlange 1350 UniFlange 1350 UniFlange 1450 Romac Industries 611 Romac Industries 611 *Restraints manufactured by Romac Industries are not acceptable for use on PVC C 909 (Ultra Blue) Pipe.

3.04 PIPELINE TESTING A. General: Testing of pipe lines and structures shall be at the Contractor’s expense. Any defects or leaks shall be repaired or replaced at the Contractor’s expense. Test results shall be provided to Engineer in accordance with Section 01 33 00 – Submittal Procedures. B. Pressure Testing:

i. Test Section: Pressure and leakage testing shall be conducted on each valved section (between adjacent valves) of pressure pipeline. Force mains and other pressure pipe without valves shall be tested in sections not to exceed 5,000 feet. ii. Procedures: Pressurization, air removal, and allowances shall be in accordance with AWWA C 600, Section 5 or AWWA C 605, Section 7 as appropriate for pipe used. Testing shall begin on the first valved section of line within ten days after its completion. The pressure and leakage tests shall be conducted concurrently for a duration of two hours. Water main testing through fire hydrants shall not be permitted. The valved section of the pipe under consideration shall be slowly filled with water and brought to the specified pressure by means of a pump. Before supplying the specified test pressure, all air shall be expelled from the pipe. Testing shall not begin until at least seven days after the last concrete anchor has been poured on the section of line being tested (if high ear- ly concrete is used, two days). The Engineer or Owner’s representative shall observe all leakage tests. If the pipe fails to meet test requirements, all leaks shall be repaired and defective pipe replaced at the Contractor’s expense. The test shall be repeated until satisfactory results are obtained. The Contractor shall be charged for all retests at the normal rates for inspection services. iii. Test Pressures: Test pressure shall be 150 psi as measured at the lowest point in that test section, unless otherwise noted. For test pressures less than 200 psi, Contractor shall demonstrate that there is no significant pressure (other than static) in the adjacent sections of pipeline to the one being tested. iv. Leakage: Leakage shall be defined as the quantity of water that must be supplied into the valved pipe section to maintain pressure within 5 psi of the specified test pressure. The allowable leakage shall not exceed the values given in table labeled Allowable Leak- age per 1,000 Feet of Pipeline included at the end of this section.

33 03 00 - 12 C. Gravity Sewer Testing: All gravity sewer lines (except storm sewer) shall be tested by any or all of the following methods for both displacement or structural faults and for watertightness by the Contractor. The testing methods shall be at the option of the Inspector. The Contrac- tor shall make all preparations and shall supply the labor for all tests. The Contractor shall supply specialized equipment, such as T.V. cameras for the conduction of such tests. No charge shall be made for initial witnessing of tests, but each succeeding test required on the same section of line caused by failure of the tests shall be charged to the Contractor. i. Pipe Displacement Testing - Lights: A light will be flashed between manholes by means of a flashlight or by reflecting sunlight with a mirror. If the illuminated interior of the pipeline shows visible leaks, poor alignment, displaced pipe or any other defects, they will be remedied by the Contractor at the Contractor’s expense. ii. Pipe Displacement and Structural Testing - T.V.: A T.V. camera to be supplied by the Contractor may be used to locate defects in the pipeline. These shall then be remedied by the Contractor at the Contractor’s expense. iii. Pipe Deflection Testing: Pipe may be measured for vertical ring deflection after completion of the backfill. Maximum ring deflection of the pipe under load shall be limited to 5.0 percent of the vertical internal pipe diameter. Testing shall be accomplished by re- cording deflectometer or by approved mandrel, sphere, or pin type go/no-go device. Such equipment shall be furnished by the Contractor. iv. Pipe Infiltration Testing: When, in the opinion of the Architect/Engineer, the trench or excavation is sufficiently (4 foot above crown) saturated as a result of ground water or rain, tests may be made on the basis of infiltration. The Contractor shall carefully measure the flow of water at the nearest downgrade manhole. The necessary supply of water, plugs, labor and equipment shall be furnished by the Contractor at his expense. Three series of measurements shall be made at not less than 1 hour intervals, and the results shall be reduced to an average. This average shall then be computed so as to apply for the 24-hour period. All such tests shall be made only under the supervision of the Project Representative. All defective work shall be immediately repaired and retested until proven to be satisfactory. Infiltration shall not exceed a rate of 100 gallons per inch of pipe diameter per mile per day for any section of the system. v. Pipe Exfiltration Testing: When conditions are not suitable for making infiltration tests, an exfiltration test may be made. The line to be tested shall be filled so that a head of at least 4 feet is provided above both the water table and the top of the pipe at the upper end of the pipeline to be tested. The filled line shall be allowed to stand until the pipe has reached its maximum absorption, but not less than 4 hours. After absorption, the head shall be re-established. The amount of water required to maintain this water level during a 2 hour test period shall be measured. Leakage measured by this test shall not exceed 100 gallons per inch diameter per mile of pipeline per day. When leakage exceeds the maximum amount specified, satisfactory correction shall be made and retesting accomplished. vi. Pipe Air Testing: Air Testing shall be conducted in accordance with ASTM F1417 and as summarized below. vii. Clean pipe to be tested by propelling snug-fitting inflated rubber ball through the pipe with water if necessary. viii. Plug all pipe outlets with suitable test plugs. Brace each plug securely. ix. If the pipe to be tested is submerged in ground water, insert a pipe probe by boring or jetting into the backfill material adjacent to the center of the pipe, and determine the

33 03 00 - 13 pressure in the probe when air passes slowly through it. This is the back pressure due to ground water submergence over the end of the probe. All gauge pressures in the test should be increased by this amount. x. Add air slowly to the portion of the pipe installation under test until the internal air pressure is raised to 4.0 psig. xi. After an internal pressure of 4.0 psig is obtained, allow at least two minutes for air temperature to stabilize, adding only the amount of air required to maintain pressure. xii. After stabilizing the internal pressure at 4.0 psig, reduce the internal air pressure to 3.5 psig, and start stopwatch. Determine the time in minutes and seconds that is required for the internal air pressure to reach 2.5 psig. Minimum permissible pressure holding times for runs of single pipe diameter and for systems of 4 inch, 6 inch, or 8 inch laterals in combination with trunk lines are indicated in minutes and seconds in the table shown. xiii. NOTE: The air test may be dangerous if, because of ignorance or carelessness, a line is improperly prepared. It is extremely important that the various plugs be installed and braced in such a way as to prevent blowouts. In as much as a force of 250 pounds is ex- erted on an 8 inch plug by an internal pipe pressure of 5 psi, it should be realized that sudden expulsion of a poorly installed plug or of a plug that is partially deflated before the pipe pressure is released can be dangerous. As a safety precaution, pressurizing equipment should include a regulator set at perhaps 10 psi to avoid over pressurizing and damaging an otherwise acceptable line. No one shall be allowed in the manholes during testing. The pressure gauge used during the test shall be located completely outside of manhole. 3.05 DISINFECTION A. Disinfecting Water Mains: Water mains and accessories shall be disinfected using the “continuous-feed” or “slug method” in accordance with ANSI/AWWA C651. The “Tablet Method” described in ANSI/AWWA C651 shall not be used. The successful bidder shall obtain the most recent applicable AWWA standard. This standard shall be at jobsite with access granted to Owner’s representative and Engineer. Care shall be taken to minimize entrance of foreign material into pipe, fittings and valves. The main shall be flushed prior to disinfection with sufficient flow to produce a velocity of 10 fps. Flushing shall take place in areas with adequate drainage. i. Final flushing shall follow to ensure that the chlorine concentration is not higher than that generally prevailing in the system. Chlorinated water shall not be discharged to any water course or drainage way until it is diluted or reduced to a level which will result in no damage to aquatic life. B. A chlorine application by an approved method shall be made using water from the existing distribution system or water supply. The initial chlorine concentration in the water to be used shall be a minimum of 50 mg/l available chlorine. The chlorinated water shall be retained in the main for at least 24 hours, but not more than 72 hours during which time all valves and hydrants in the section treated shall be operated. At the end of this period, the treated water shall contain no less than 25 mg/l chlorine throughout, and final flushing shall follow to ensure that the chlorine concentration is not higher than that generally prevailing in the system. Chlorinated water shall not be discharged to any water course or drainageway until it is diluted or reduced to a level which will result in no damage to aquatic life.

33 03 00 - 14 C. Bacteriological Tests: After final flushing and before the water main is placed in service, 2 consecutive samples shall be collected at 24 hours intervals for each 1,200 feet (366 m) of the new water main, plus one set from the end of the line and at least one set from each branch. These samples shall be tested for bacteriological quality by the State Laboratory or other certified laboratory and shall show the absence of coliform organisms. Samples will be collected (through the use of sample taps supplied by the Contractor) and delivered to the Testing La- boratory by the Owner within 48 hours of written notifications from Contractor. The Owner’s representative shall witness the collection of samples. If the initial disinfection fails to produce satisfactory samples, disinfection shall be repeated until satisfactory samples have been obtained. The Contractor is responsible for the cost of all tests.

END OF SECTION

33 03 00 - 15 SECTION 33 04 00 VALVES AND COCKS PART 1 - GENERAL

1.01 Description

A. Work Included: Provide complete, in place, and free from leakage, all valves as shown on the plans and in accordance with this Specification. Valves shall be furnished complete with valve operators and accessories necessary for a complete assembly adequate for the specified or indicated purpose. Valve assemblies shall be installed, painted, tested and adjusted. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 33 00 - Submittal Procedures ii. Section 01 66 00 – Product Storage and Handling Requirements iii. Section 33 03 00 - Utility Piping and Materials

1.02 REFERENCES

i. Z21.22: Relief Valves and Automatic Gas Shutoff Devices for Hot Water Supply Systems

C. American National Standard Institute (ANSI)/American Society of Sanitary Engineers (ASME):

i. B16.1: Cast Iron Pipe Flanges and Flanged Fittings, Class 25, 125, 250, and 800 ii. B16.5: Pipe Flanges and Flanged Fittings

D. American National Standard Institute (ANSI)/American Society of Sanitary Engineers (ASSE):

i. 1011: Hose Connection Vacuum Breakers ii. 1013: Reduced Pressure Principle Backflow Preventers

E. American National Standard Institute (ANSI)/American Water Work Association (AWWA):

i. C110: Standard: Standard for Ductile-Iron and Gray-Iron Fittings, 3 in. through 48 in., for Water and other Liquids. ii. C500: Standard for Metal Seated Gate Valves for Water Supply Service iii. C504: Rubber-Seated Butterfly Valves iv. C508: Standard for Swing-Check Valves for Waterworks Service, 2 in (50mm) Through 24 in (600 mm) NPS (Includes addendum C 508a-93)

33 04 00 - 1 v. C509: Standard for Resilient-Seated Gate Valves for Water Supply Service (Includes addendum C 500a-95) vi. C512: Air Release, Air/Vacuum, and Combination Air Valves for Waterworks Service vii. C515: Reduced-Wall, Resilient-Seated Gate Valves for Water Supply Service viii. C800: Standard for Underground Service Line Valves and Fittings

F. American Society for Testing and Material (ASTM):

i. A126: Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings

1.03 SYSTEM DESCRIPTION

A. General: Valves shall be non-rising stem, with handwheel, lever, nut, or hydraulic operator, as shown on the Plans and specified herein.

1.04 SUBMITTALS

A. General: Shall be in accordance with Section 01 33 00 – Submittal Procedures. Each submittal shall be identified with precise, use, line and location. B. Shop Drawings shall be submitted in accordance with Section 01. C. Maintenance Instructions: Submit corrective and preventive maintenance instructions, including recommended spare parts.

1.05 DELIVERY, STORAGE AND HANDLING

A. General: Shall be in accordance with Section 01 66 00 – Product Storage and Handling Re- quirements. B. Delivery: Deliver valves to the job site packaged, tagged, and marked. C. Storage: Store valves at the job site in a manner to prevent damage and accumulation of dirt and rust.

PART 2 - PRODUCTS

2.01 GATE VALVES

A. Valves shall be cast or ductile iron, resilient wedge conforming to ANSI/AWWA C509. Wedge disc shall have two seating surfaces and provide smooth unobstructed waterway with 100 percent smooth passage. Working pressure shall be at least 200 psi for valves 12 inches in diameter and smaller. Valves shall have O-ring seals and open left (counterclockwise) with a 2 inch square wrench nut. Handwheel operators shall be provided for all interior installation. Valve ends shall be of mechanical joint type unless otherwise shown on the plans. Valves shall be equal to gate valves manufactured by Mueller, Kennedy, Darling, or Clow. Valves 3 inches and smaller shall have screw ends and may be ANSI/AWWA C500 double disc gate valves if resilient seat units are not available.

33 04 00 - 2 2.02 TAPPING SLEEVE AND VALVE

A. Complete assembly, including tapping sleeve, tapping valve, and bolts and nuts. Use sleeve and valve compatible with tapping machine. B. Tapping Sleeve: Cast or ductile-iron, 2-piece bolted sleeve with flanged outlet for new branch connection. Sleeve may have mechanical-joint ends with rubber gaskets or sealing rings in sleeve body. Include sleeve matching size and type of pipe material being tapped and of outlet flange required for branch connection. C. Indicator Posts: Shall be UL Listed and FM Approved. Bodies of indicator posts shall be constructed of ductile iron or cast iron. The color of the indicator post above ground grade shall be red. The stem, indicators, and all working parts are to be fully enclosed to prevent moisture and weather damage. Target plates shall be aluminum construction and shall have the words “OPEN” and “SHUT” cast in large, easy-to-read raised letters. The target plates shall be located behind two sight windows fitted with heavy clear glass or plexiglass, and the appropriate word shall appear as the valve is operated. The indicator post shall be equipped with a compatible electronic supervisory switch which monitors the opening and closing of the valve. The indicator posts shall be equal to those manufactured by Mueller, Kennedy, or Clow. Indi- cator posts shall be supplied with a corresponding resilient wedge gate valve by the same manufacturer.

2.03 PINCH VALVES (CHECK VALVES)

A. Pinch valve (check valve) shall be composed of an elastomeric flexible coupling attached to a storm pipe outlet which prevents water and debris from back-flowing into the pipe, but allows for positive drainage out of the pipe. Valve shall seal and close drop tight around debris with less than 1 psi of back pressure. Valve shall be a totally passive valve, operating solely on line and back pressure, and requiring no outside energy source for operation. Valve shall match the pipe diameter shown on the plans, and shall be warp and freeze resistant. Valve shall have a flat bottom and offset-bill design, and shall not hang more than 0.15’ below the pipe invert.

2.04 AIR RELEASE VALVES & COMBINATION AIR RELEASE AND VACUUM VALVES

A. Automatic air release valves and/or hydrants shall be placed at strategic high points in the system to provide for the release of trapped air in accordance with AWWA C512-04. B. Valve shall have flanged inlet and outlet connections. C. Materials: body and cover, ASTM A 126, Class B, cast iron; float and leverage mechanism, ASTM A 240 or ASTM A 276 stainless steel; orifice and seat, stainless steel against Buna-N or Viton mechanically retained with hex head nut and bolt. Other valve internals shall be stainless steel or bronze.

33 04 00 - 3 2.05 VALVE BOXES A. Boxes shall be furnished and installed for all valves buried in the earth. The valve boxes shall be a 3-piece screw type in accordance with Standard Details, with 5 ¼ inch shaft similar to buffalo type by Bingham and Taylor. Base shall be of sufficient size and configuration to support the box without resting on the pipe or valve. The word “water” shall be cast on the box lid in letters not less than 1 inch high on all water valves. PART 3 - EXECUTION

3.01 INSPECTION

A. General: Examine the areas and conditions under which Work of this Section will be performed. Correct conditions detrimental to proper and timely completion of work. Do not proceed until unsatisfactory conditions have been corrected.

3.02 INSTALLATION - ALL VALVES

A. General: Valve installation shall comply with Standard Details and the Manufacturer's recommendations. No valve, hydrant, or other appurtenance on existing water lines shall be opened or closed for any purpose by the Contractor. Any opening or closing of valves, hydrants, whatsoever shall be by the Owner of the utilities only. The Contractor shall notify the Owner of the utilities at least 24 hours prior to the need to open or close any appurtenance, except in emergencies, at which time the Owner of the utilities shall be notified immediately. B. Stems: Shall be oriented for accessibility as approved by the Owner's representative. Do not install valves with stems in the downward direction. C. Setting of Valves: A valve box shall be provided for every valve. The valve box shall not transmit shock or stress to the valve and shall be centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the finished grade or as directed by the Architect/Engineer. Valves boxes shall be installed in accordance with the Standard Details. D. Transmitting Forces: Valves and valve boxes shall be installed so no forces are transmitted to the valve through the piping or valve boxes. E. Cleaning: All valves and appurtenances shall be flushed clear of all foreign material after installation. F. Testing: Field test all valves and appurtenances for proper operation, proper adjustments and settings, freedom from vibration, binding, scrapings, and other defects. Check all valve supports for strength and high quality workmanship. All defects shall be corrected to the satisfaction of the Owner’s Representative. Hydrostatic and leakage tests shall be in accordance with Section 33 0300 - Utility Pipe and Materials.

END OF SECTION

33 04 00 - 4

SECTION 33 05 13 MANHOLES AND STRUCTURES PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: The work in this section shall include the furnishing, installation, and testing of all utility appurtenances and furnishing the equipment, labor, and appurtenances for the installation of utility appurtenances. B. Related Sections: Additional sections of the documents which are referenced in this section include:

i. Section 01 33 00 – Submittal Procedures ii. Section 31 23 33 – Trenching and Backfilling iii. Section 33 03 00 – Utility Piping and Materials iv. Section 33 04 00 – Valves and Cocks

1.02 REFERENCES

A. General: The Work shall comply with the most recent or tentative standards as published at the date of the Contract and as listed in the Specifications using abbreviations shown. B. American Association of State Highway and Transportation Officials Publications (AASHTO):

i. M198: Joints for Circular Concrete Sewer and Culvert Pipe Using Flexible watertight Gas- kets. ii. Section 16: Steel Tunnel Liner Plates Standard Specifications for Highway Bridges.

C. American Society for Testing and Materials (ASTM):

i. A48: Standard Specification for Gray Iron Casting ii. A123: Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products iii. A153: Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware iv. A307: Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile v. A449: Standard Specification for Quenched and Tempered Steel Bolts and Studs vi. A563: Standard Specification for Carbon and Alloy Steel Nuts vii. A568/A568M: Standard Specification for Steel, Sheet, Carbon, and High-Strength, Low- Alloy, Hot-Rolled and Cold-Rolled viii. C270 – Standard Specification for Mortar for Unit Masonry ix. C443 – Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe Us- ing Rubber Gaskets x. C476: Standard Specification for Grout for Masonry xi. C478: Standard Specification for Precast Reinforced Concrete Manhole Sections

33 05 13-1

xii. C923: Standard Specifications for Resilient Connectors Between Reinforced Concrete Manhole Structures and Pipes xiii. C1107: Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Non-shrink) xiv. C1244: Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure (Vacuum) Test Prior to Backfill xv. D2665: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste and Vent Pipe and Fittings xvi. D3034-04a: Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings

D. Virginia Department of Transportation - Road and Bridge Specifications (VDOT):

i. 217: Hydraulic Cement Concrete ii. 232: Pipe and Pipe Arches iii. 302: Drainage Structures

E. Virginia Department of Transportation – Road and Bridge Standards, Latest Edition F. American Association of State Highway and Transportation Officials (AASHTO)

i. M105 ii. M199

1.03 QUALITY ASSURANCE

A. Quality Assurance: All utility appurtenances shall be new, free from defects or contamination and shall, whenever possible, be the standard product of a single manufacturer. B. Manufacturers Limitations: Products used in the work of this section shall be manufactured in the U.S. where possible by manufacturers regularly engaged in production of similar items.

1.04 SUBMITTALS

A. General: Submittals shall be in accordance with Section 01 33 00 - Submittal Procedures. B. Shop drawings:

i. Manhole sections ii. Base units and construction details, including reinforcement, jointing methods, materials and dimensions iii. Frames, grates, rings, and covers iv. Materials to be used in fabricating drop connections v. Materials to be used for pipe connections at manhole walls vi. Materials to be used for stubs and stub plugs, if required vii. Materials and procedures for corrosion-resistant liner and coatings, if required. viii. Plugs to be used for sanitary sewer hydrostatic testing ix. Manufacturer's data for pre-mix (bag) concrete, if used for channel inverts and benches

33 05 13-2

1.05 DELIVERY, STORAGE AND HANDLING

A. General: Shall be in accordance with Section 01 66 00 – Product Storage and Handling Re- quirements.

PART 2 - PRODUCTS

2.01 PRECAST CONCRETE MANHOLES

A. General: Concrete manholes shall be of precast construction. All concrete shall be rodded or vibrated to minimize honeycombing and assure watertightness. Items delivered and installed at the site shall be structurally sound and free from cracks or major surface blemishes. B. Construction:

i. Precast manholes shall conform to ASTM C478 and as called for on the plans. Drop manholes where required shall be constructed in accordance with Standard Details. ii. The eccentric design manhole shall be used, except as shown on the plans. iii. Provide base riser section with integral floors, unless shown otherwise. iv. Provide interlocking adjustment rings which are standard components of manufacturer of manhole sections. v. Minimum inside diameter shall be 48 inches unless noted on plans, with minimum of 5 inch thick walls. All manholes shall have monolithic bases except as shown on the plans.

C. Manhole Steps:

i. Steps shall be plastic coated with steel reinforcement. ii. Steps shall comply with ASTM C478, AASHTO M-199, and OSHA Instruction Standard 1- 1.9. iii. Steps shall be on 16 inch minimum centers and conform to Standard Details.

D. Sanitary Sewer Pipe Connections

i. Provide resilient connectors conforming to requirements of ASTM C 923. Use the following materials for metallic mechanical devices as defined in ASTM C 923: (a) External clamps: Type 304 stainless steel (b) Internal, expandable clamps on standard manholes: Type 304 stainless steel, 11 gauge minimum. (c) Internal, expandable clamps on corrosion-resistant manholes: (i) Type 316 stainless steel, 11-gauge minimum (ii) Type 304 stainless steel, 11-gauge minimum, coated with minimum 16 mil fusion-bonded epoxy conforming to AWWA C 213

33 05 13-3

E. Storm Drain Pipe Connections

i. Provision for indicated storm drainage pipe connections shall be made by means approved in VDOT 302. ii. Existing lines shall be grouted into place. iii. The sewer line pipe shall be connected to the manhole base section with an approved flexible water-tight sleeve or gasket (similar to the New Lock Joint Flexible Manhole Sleeve as manufactured by the Interpace Corporation or the Z:LOK Manhole Pipe Con- nector as manufactured by A:LOK PRODUCTS INC.). The A:LOK Manhole Pipe Seal as manufactured by A:LOK CORP will not be an acceptable product for this purpose.

F. Frames and Covers: Frames and covers shall be of cast iron conforming to ASTM A48 for Class 30 Gray Iron and AASHTO M105, and shall meet the requirements of Standard Details. All structures located within travelways shall receive traffic bearing tops. G. Concrete: Concrete used for shaping of manholes, channels, sidewalk, and miscellaneous work shall meet requirements of VDOT Section 217 type A3. H. Joints: Joints shall be sealed with two rings of butyl rubber rope conforming to AASHTO M198, Type B.

2.02 MISCELLANEOUS DEVICES

A. Pipe Repair Clamps: Shall be of stainless steel, type 304 with pre-assembled bolting mechanism. Clamps shall be Style FS2 or FS3 as manufactured by the Ford Meter Box Company, Inc., Series 520 or 530 Full Seal as manufactured by the Mueller Co., Style CL, SL or SS as manufactured by Romac Industries, Inc. or approved equal. B. Sleeves and Inserts: Shall be provided and correctly located in the structure, as required for the work. Inserts shall be steel and of proper size for loads encountered.

i. Sleeves shall be provided for all exterior utility pipes passing through concrete or masonry walls. Sleeves through existing concrete walls and slabs may be omitted if wall or slab can be core drilled and properly sealed in a manner acceptable to the Engineer. Sleeves placed horizontally in walls shall be standard weight ASTM A53 steel pipe of length equal to thickness of wall or beam. All sleeves (and core drilled openings) shall be of sufficient diameter to clear bare or covered pipes by 1/4" all around except sleeves on lines subject to movement by expansion which shall clear the bare pipe or insulation on insulated pipe at least one inch all around. Pipes through exterior walls below grade shall have modular mechanical type seals consisting of interlocking synthetic rubber links shaped to continuously fill the annular space between the pipe and wall sleeve. Sleeve shall have anchor and water stop plate. The entire assembly shall be tightened and adjusted and made watertight.

33 05 13-4

PART 3 - EXECUTION

3.01 EXAMINATION

A. Verify that lines and grades are correct. B. Determine if sub grade, when scarified and recompacted, can be compacted to 95 percent of maximum Standard Proctor Density according to ASTM D 698 prior to placement of foundation material and base section. When proper density is not reached, moisture condition sub grade until that density is reached or treat as unstable sub grade. C. Do not build manholes in ditches, swales, or drainage paths unless approved by Engineer.

3.02 PLACEMENT

A. Install precast manholes to conform to locations and dimensions shown on Drawings. B. Place sanitary and storm manholes at points of change in alignment, grade, size, pipe intersections, and end of sewer.

3.03 EXCAVATION, BACKFILLING AND COMPACTION

A. General: Trench excavation and Backfilling shall be in accordance with Section 31 23 33 – Trenching and Backfilling.

3.04 MANHOLE INSTALLATION

A. The subgrade and bedding for the monolithic base for the precast manhole shall be prepared similar to that for pipe. B. The invert channels shall be formed with concrete as shown on the plans and shall be smooth and semi-circular in shape, conforming to the inside of the adjacent sewer section. Channel inverts shall be constructed to provide a smooth continuous positive slope between pipes. Changes in direction of flow (horizontally and vertically) shall be made with a smooth curve of as large a radius as size of the manhole will permit. The floor (bench) of the manhole outside of the channels shall be smooth and shall slope toward the channels not less than 2 inches per foot and not more than 4 inches per foot.

i. All storm drain structures within the right-of-way shall contain inlet shaping according to VDOT Standard IS-1.

C. Under no circumstances shall manholes or other structures be left in an incomplete condition such that surface water could enter into the sewer line. D. Manhole Joints:

i. Joints shall be a double ring of butyl rubber rope caulk to form a watertight seal. ii. Manhole frames, covers, and hatches shall also be set on a double ring of butyl rubber rope caulk.

33 05 13-5

iii. When leveling is required manhole frames shall be set level on a full bed of mortar installed to the proper grade and cured prior to the application of the butyl caulk. E. Finished rim elevations shall be flush with adjacent proposed grades.

3.05 PIPE CONNECTIONS

A. Manhole Pipe Ribbed PVC Pipe Connections:

i. Where manholes are manufactured with A-LOC Manhole Pipe Seal/ Z-LOC Manhole Pipe Connector as manufactured by A-LOC Corporation or with the New Lock Joint Flexible Sleeve as manufactured by Interpace Corporation, use an Ultra-Rib Bell by SDR 35 (ASTM D3034-04a) spigot adapter. Flexible manhole seals shall be sized for SDR 35 PVC pipe (ASTM D3034-04a or F679). See Standard Details. ii. When the “flip top” gasket is used on the Ultra-Rib pipe at manhole connections, the New Lock Joint Manhole Sleeve as manufactured by Interpace Corporation must be cast in place in the openings of the manhole sections. The openings must be enlarged with oversize flexible sleeve connectors cast in place that will accommodate the “flip top” gasket. Manhole fabricators must be informed when Ultra-Rib pipe is to be used with “flip top” gaskets so manholes can be cast accordingly. See Standard Details. iii. When Ultra-Rib PVC pipe is connected to existing manholes the opening shall be cored or drilled to provide a flat, smooth surface for the installation of a PSX Positive Seal Gas- keting System as manufactured by the Press Seal Gasket Corporation. When the Ultra- Rib Bell by SDR 35 (ASTM D3034-04a) spigot adapter is used to connect to existing manholes, the opening and flexible seal connector shall be sized to accept SDR 35 PVC pipe. See Standard Details. iv. When the Ultra-Rib pipe connects directly to an existing manhole using the “flip top” gasket, the opening and flexible seal connector must be enlarged to accept the Ultra-Rib pipe with the “flip top” gasket in place. See Standard Details. v. Rigid, grouted connections to newly installed or existing manholes will not be allowed without explicit authorization from the Engineer.

B. Smooth Exterior Pipe Connection

i. Where smooth exterior pipes, i.e. steel, ductile iron or PVC pipes are connected to manhole base or barrel, space between pipe and manhole wall shall be sealed with an assembly consisting of rubber gaskets or links mechanically compressed to form watertight barrier. Assemblies: "Press-Wedge," "Res-Seal," "Thunderline Link-Seals," or approved equal.

33 05 13-6

C. Concrete Pipe Connection

i. When connecting concrete or cement mortar coated steel pipes, or as an option for connecting smooth exterior pipes to manhole base or barrel, space between pipe and manhole wall may be sealed with an assembly consisting of stainless steel power sleeve, stainless steel take-up clamp and rubber gasket. Take-up clamp: Minimum of 9/16 inch wide. Provide PSX positive seal gasket system by Press-Seal Gasket Corporation or approved equal.

3.06 INSTALLING MANHOLE STUBOUTS

A. Manhole stubouts shall be provided where indicated or directed. Stubout pipe shall be 8 inch diameter unless otherwise indicated on the plans and shall be the same pipe material as the sewer pipe. Manhole stubouts shall be extended from the manhole a minimum of 8 feet. Stubouts shall be sealed, braced and marked as noted for tees and laterals.

3.07 SETTING OF VALVES

A. Valves shall be installed in accordance with manufacturer's instructions and shall be in accordance with Section 33 04 00 - Valves and Cocks and as shown on the Standard Details.

3.08 PIPE SUPPORT INSTALLATION

A. Exposed piping inside of structure shall be supported both horizontally and vertically such that forces are transmitted to the supports and sagging is eliminated.

3.09 MANHOLE TESTING

A. Manhole Vacuum Testing: Unless otherwise approved by the Architect/ Engineer, sanitary manholes shall be tested by the vacuum method, manholes may be tested by the vacuum method in accordance with ASTM C1244. Manholes shall be tested after assembly and shall include the casting on the manhole. Stubouts, manhole boots and pipe plugs shall be secured to prevent movement while the vacuum is drawn. Installation and operation of vacuum equipment and indicating devices shall be in accordance with equipment specifications for which performance information has been provided by the manufacturer and approved by the Virginia Department of Environmental Quality. The procedure is outlined as follows:

i. A vacuum of 10 inch Hg shall be drawn on the manhole, the valve on the vacuum line of the test head closed, and the vacuum pump shut off. The time shall be measured for the vacuum to drop to 9 inch Hg. ii. The manhole shall pass if the time for the vacuum reading to drop from 10 inch Hg to 9 inch Hg meets or exceeds the values indicated in Table 1.

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iii. If the manhole fails the test, necessary repairs shall be made and the vacuum test and repairs shall be repeated until the manhole passes the test or the manhole shall be tested in accordance with the standard exfiltration test and rated accordingly. iv. If a manhole joint material is pulled out during the vacuum test, the manhole shall be retested after it is disassembled and the joint material replaced.

B. Manhole Exfiltration Testing: If approved in advance by the Engineer, an exfiltration test shall be conducted on each manhole. Inlet and outlet lines shall be suitably plugged before starting the presoak period. After a presoak period of at least 4 hours and no more than 12 hours, the manhole shall be filled to the top of the casting. The amount of water required to maintain this level during a 2 hour test period shall be measured. Leakage shall not exceed 0.25 gallons per hour per foot depth.

i. TABLE 1 – Minimum Test Times for Various Manhole Diameters in Seconds

Diameter, in. Depth (ft) 30 33 36 42 48 54 60 66 72 Time, in seconds 8 11 12 14 17 20 23 26 29 33 10 14 15 18 21 25 29 33 36 41 12 17 18 21 25 30 35 39 43 49 14 20 21 25 30 35 41 46 51 57 16 22 24 39 34 40 46 52 58 67 18 25 27 32 38 45 52 59 65 73 20 28 30 35 42 50 53 65 72 81 22 31 33 39 46 55 64 72 79 89 24 33 36 42 51 59 64 78 87 97 26 36 39 46 55 64 75 85 94 105 28 39 42 49 59 69 81 91 101 113 30 42 45 53 63 74 87 98 108 121

END OF SECTION

33 05 13-8

SECTION 33 10 00 WATER UTILITIES

PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Furnish all labor, materials, tools, transportation, supplies, equipment, testing, and disinfection of the water main shown on the plans. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 66 00 – Product Storage and Handling Requirements ii. Section 33 03 00 - Utility Piping and Materials iii. Section 33 04 00 - Valves and Cocks iv. Section 33 12 19 – Water Utility Distribution Fire Hydrants 1.02 REFERENCES A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. American National Standards Institute (ANSI)/American Water Works Association (AWWA):

i. C651: Standard for Disinfecting Water Mains

1.03 QUALITY ASSURANCE A. Contractor Responsibilities: Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this section.

PART 2 - PRODUCTS 2.01 MATERIALS A. Local Regulations or Standards: Contractor is responsible for confirming the jurisdiction of any local authority that may have local regulations or standards pertaining to the work herein; where there is conflict between the project specifications and the local standards, Contractor shall conform to the more stringent standards. B. Pipe and Fittings, Joints, and Coating: All materials shall be in accordance with the Section 33 03 00 - Utility Pipe and Materials; water pipe shall be PVC, Ductile Iron, or Copper, as indicated on the plans or in accordance with the size. C. Valves: All valves shall be in accordance with Section 33 04 00 - Valves and Cocks. D. Concrete: Miscellaneous concrete shall be VDOT Type A-3 specifications.

33 10 00 - 1 E. Tie Rods: ¾ inch thread steel rods for hydrant clamping shall be galvanized or otherwise rustproof treated. Compatible tie bolts and nut or clamps shall be similarly rustproof treated.

PART 3 - EXECUTION 3.01 INSTALLATION OF PIPE, FITTINGS, AND ACCESSORIES A. Pipe and Fitting Installation: All work shall be in accordance with Section 33 03 00 - Utility Pipe and Materials. B. Valve Installation: All work shall be in accordance with Section 33 04 00 - Valves and Cocks. C. Hydrant Installation: Shall be in accordance with Section 33 12 19 – Water Utility Distribution Fire Hydrants. 3.02 SERVICE CONNECTIONS A. General: All service taps for connecting service lines shall be made under pressure with proper tapping machine for the pipe being tapped. The water main shall be tested and disinfected before service taps are made.

END OF SECTION

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SECTION 32 12 19 WATER UTILITY DISTRIBUTION FIRE HYDRANTS PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: Furnish and install all hydrants as shown on the plans and as specified herein.

1.02 REFERENCES

i. C502: Standard for Hydrants, Dry Barrel Fire Hydrants (Includes addendum C 502a-95)

PART 2 - PRODUCTS

2.01 FIRE HYDRANTS

A. Shall be manufactured in accordance with AWA/ANSI C502. B. Shall be traffic type with safety flange protection conforming to ANSI/AWWA C502 and steel stem coupling. C. Shall have not less than 6 inch diameter barrel, 5-1/4 inch minimum hydrant valve and a measured loss of not more than 2.5 psi through the hydrant at 600 gpm. D. Hydrant shall have a 6 inch mechanical joint connection to the water main, two 2 1/2 inch hose outlets and one 4-1/2 inch pumper outlet and be so designed that if broken off, the hydrant valve will remain closed. E. Direction of opening shall be left (counterclockwise) with 1-1/2 inch pentagon shape operating nut, and nozzle threading shall be National Standard. F. Hydrants shall be one of the following:

i. Mueller A-421 ii. American 8 CRS iii. M&H traffic type hydrant iv. Approved equal.

PART 3 - EXECUTION

3.01 INSTALLATION

A. General: The installation shall be in accordance with the manufacturer's instructions and governing authority standards.

B. Hydrant Disassembly: Should the need arise for disassembling the hydrant, such as for adding extensions, a brass sleeve shall be employed to protect the oil seals from damage when removing the hydrant housing from the upper stem. C. Hydrant assembly shall be restrained from connection to distribution main to hydrant. Ap- proved restraint methods shall include threaded “Corten” rodding between hydrant, hydrant valve and connection to water distribution main with concrete thrust blocks behind hydrant and distribution main tee fitting. Approved mechanical joint gland restraint (“Mega-Lug”, “Grip Ring” or “Uni-Flange”) may be used in lieu of concrete thrust blocking.

END OF SECTION

SECTION 33 41 00 STORM UTILITY DRAINAGE PIPING PART 1 - GENERAL

1.01 DESCRIPTION

A. Work Included: Furnish all labor, materials, tools, transportation, supplies, plant equipment, and appurtenances necessary for the complete and satisfactory construction of the storm drainage system shown on the plans, completed and ready for service. B. Related Sections: Additional Sections of the Documents which are referenced in this Section include:

i. Section 01 33 00 – Submittal Procedures ii. Section 01 33 23 – Shop Drawings, Product Data and Samples iii. Section 01 55 26 – Traffic Control iv. Section 31 00 00 – Earthwork v. Section 31 23 33 – Trenching and Backfilling vi. Section 32 20 00 – Site Restoration vii. Section 32 91 19 – Topsoil Placement and Grading viii. Section 33 03 00 - Utility Pipe and Materials ix. Section 33 05 13 – Manholes and Structures

1.02 REFERENCES

A. General: The work shall comply with the most recent standards or tentative standards as published at the date of the contract and as listed in this specification using the abbreviation shown. B. International Building Code, latest edition. C. VDOT Road and Bridge Specifications, Latest Edition D. VDOT Road and Bridge Standards, Latest Edition.

i. Section 100: Drainage ii. Section 1000: Box Culverts

A. Submittals shall be in accordance with Section 01 33 00 – Submittal Procedures and Section 01 33 23 – Shop Drawings, Product Data.

33 41 00 - 1 PART 2 - PRODUCTS

2.01 STORM DRAINAGE

A. Local Regulations or Standards: Contractor is responsible for confirming the jurisdiction of any local authority that may have local or state regulations or standards pertaining to the work herein; where there is conflict between the project specifications and the local or state standards, Contractor shall conform to the more stringent standards. B. General: Fittings shall be of the same material and type as the gravity pipe provided, in accordance with Section 33 03 00 – Utility Pipe and Materials. Storm drainage pipe shall be provided in accordance with Section 33 03 00 – Utility Pipe and Materials at the Contractor’s option from the list included below, except where specified otherwise in Section 33 03 00 – Utili- ty Pipe and Materials or on the plans.

i. Polyethelyne ii. Corrugate Steel iii. Reinforced Concrete iv. PVC v. Ductile Iron Pipe

2.02 MANHOLES AND STRUCTURES

A. Structures shall be in accordance with Section 33 05 13 – Manholes and Structures and in conformance with VDOT Road and Bridge Standards (latest edition) and VDOT Road and Bridge Specifications (latest addition).

PART 3 - EXECUTION

3.01 GENERAL

A. Installation of pipe, fittings, and appurtenances shall be in accordance with Section 33 0300 – Utility Pipe and Materials, Section 33 05 13 – Manholes and Structures, and applicable state standards and specifications.

3.02 PREPARATION

A. Prepare traffic control plans and set up street detours and barricades in preparation for excavation when construction will affects traffic. Conform to requirements of Section 01 55 26 - Traffic Control. B. Provide barricades, flashing warning lights, and signs for excavations. Conform to requirements of Section 01 55 26 - Traffic Control. Maintain barricades and warning lights for streets and intersections while Work is in progress or where traffic is affected by Work.

33 41 00 - 2 C. Immediately notify agency or company owning utility lines, which may be damaged, broken, or disturbed. Obtain approval from agency for repairs or relocations, either temporary or permanent. D. Remove old pavements and structures, including sidewalks and driveways in accordance with requirements of Section 02 41 00 – Demolition, if removal is necessary.

3.03 EXCAVATION

A. Earthwork: Conform to requirements of Section 31 00 00 - Earthwork. Use bedding as indicated on Drawings and Standard Details. B. Line and Grade: Establish required uniform line and grade trench from benchmarks identified by Engineer. Maintain this control for minimum of 100 feet behind and ahead of pipe-laying operation. Use laser beam equipment to establish and maintain proper line and grade of Work. Use of appropriately sized grade boards, which are substantially supported is also acceptable. Lines and grades shall be in accordance with Section 31 00 00 – Earthwork. C. Trench Excavation shall be in accordance with Section 31 23 33 – Trenching and Backfilling.

3.04 PIPE INSTALLATION

A. Install in accordance with pipe manufacturer's recommendations and as specified in Section 33 03 00 – Utility Pipe and Materials. B. Install inlets, headwalls, and wingwalls to conform to requirements of VDOT Road and Bridge Standards and Specifications, Latest Edition.

3.05 BACKFILL AND SITE CLEANUP

A. Backfill trench after pipe installation is complete (including inspection, if required). B. Backfill and compact soil in accordance with Section 31 23 33 – Trenching and Backfilling. C. Repair and replace removed or damaged pavement and sidewalks as specified in Section 32 20 00 – Site Restoration. D. In unpaved areas, grade surface as uniform slope to natural grade as indicated on Drawings. Provide minimum of 4 inches of topsoil and seed according to requirements of Section 32 91 19 – Topsoil Placement and Grading.

END OF SECTION

33 41 00 - 3