NORTH BENNINGTON WATER DEPARTMENT

WATER DISTRIBUTION EXTENSIONS

NORTH BENNINGTON,

CONTRACT DOCUMENTS

BID SET

SUMMER, 2017

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NORTH BENNINGTON WATER DEPARTMENT

WATER DISTRIBUTION EXTENSIONS

NORTH BENNINGTON, VERMONT

Summer, 2017

Otter Creek Engineering, Inc. 110 Merchants Row 4th Floor, Suite 15 Rutland, Vermont 05701 802-747-3080 802-747-4820 - Fax [email protected] THIS PAGE BLANK CONTRACT DOCUMENTS

NORTH BENNINGTON WATER DEPARTMENT WATER DISTRIBUTION EXTENSIONS

North Bennington, Vermont Summer, 2017

TABLE OF CONTENTS

ITEM SECTION

Advertisement for Bids EJCDC C-111 Instructions to Bidders EJCDC C-200 Bid Form EJCDC C-410 Bid Schedule OCE-CD1 Bid Bond (Penal Sum) EJCDC C-430 Qualification Statement OCE CD-2 Notice of Award EJCDC C-510 Agreement EJCDC C-520 Payment Bond EJCDC C-615 Performance Bond EJCDC C-610 Notice to Proceed EJCDC C-550 Change Order EJCDC C-941 Standard General Conditions EJCDC C-700 Supplementary Conditions EJCDC C-800 Certificate of Substantial Completion EJCDC C-625 Certificate of Final Completion OCE-CD3 Contractor’s Application for Payment EJCDC C-620 General Contractor’s and Subcontractor’s Release of Lien OCE-CD4 Measurement and Payment OCE-CD5 Special Conditions OCE-CD6

Permits Construction General Permit 3-9020 (Erosion Control) Drinking Water and Groundwater Protection Division - Permit to Construct Individual Wetlands Permit (Pending) Stream Alteration Permit (Pending)

Technical Specifications Project Meetings and Coordination 01200 Submittals and Substitutions 01300 Temporary Facilities 01500 Temporary Water Services 01501

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Engineering, Inc.

Project Closeout 01700 Site Demolition 02070 Site Clearing and Grubbing 02230 Protection and Repair of Property 02232 Erosion Prevention and Sediment Control 02271 Earthwork 02300 Rock Removal 02301 Contaminated Earthwork 02350 Water Piping 02510 Bituminous Concrete Pavement 02511 Horizontal Directional Drilling for HDPE Pipe 02520 Stormwater Piping 02631 Lawns and Grasses 02930 Curb and Sidewalk 03301 Water Meters and Appurtenances 15123 Private Water System Modifications 15412

Appendices: Appendix A - Soil Borings prepared by Mike’s Boring & Coring, and dated 1-10-17 / 1-12-17. (Not a part of the Contract Documents)

Drawings Numbered I-1, and C-1 through C-32, dated August 1, 2017 (under separate cover)

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. 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.

ADVERTISEMENT FOR BIDS FOR CONSTRUCTION CONTRACTS

EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2800 www.nspe.org

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

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Village of North Bennington Water Board North Bennington Water Department Water Distribution Extensions North Bennington, Vermont

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the Water Distribution Extensions will be received by the Village of North Bennington Water Board, at the office of the North Bennington Water Department, P.O. Box 343 North Bennington, VT 05257, until 3:00 p.m. local time on August 24, 2017, at which time the Bids received will be publicly opened and read. The Project consists of constructing approximately 21,000 lineal feet of water mains, associated water services and related work. The Issuing Office for the Bidding Documents is: Otter Creek Engineering, Inc., 110 Merchants Row, 4th Floor, Suite 15, Rutland, VT 05701. (802) 747‐3080. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8 a.m. to 5 p.m., and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents also may be examined at Works in Progress, 20 Farrell Street, Suite 103, South Burlington, VT 05403; the office of Otter Creek Engineering, Inc., 404 East Main Street, East Middlebury, VT 05701, (802) 382‐8522, on Mondays through Fridays between the hours of 8 a.m. to 5 p.m.; and the office of the Engineer, Otter Creek Engineering, Inc., 110 Merchants Row, 4th Floor, Suite 15, Rutland, VT 05701, (802) 747‐3080, on Mondays through Fridays between the hours of 8 a.m. to 5 p.m. Printed copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon payment of a deposit of $175 for each set. Checks for Bidding Documents shall be payable to “Otter Creek Engineering, Inc.”. Upon request and receipt of the document payment indicated above, the Issuing Office will transmit the Bidding Documents. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. Neither Owner nor Engineer will be responsible for issuing Addenda if any, to parties obtaining Bidding Documents from sources other than the Issuing Office. Electronic copies of Bidding Drawings are available upon request to all parties recorded as having officially received the Bidding Documents from the Issuing Office, as portable document format (PDF) files, via e‐mail. A pre-bid conference will be held at 10:00 a.m. local time on August 8, 2017 at the North Bennington Railroad Depot at the corner of Depot Street and Route 67, North Bennington. Attendance at the pre-bid conference is highly encouraged but is not mandatory. Owner: Village of North Bennington Water Board By: Steve Goodrich Title: Chair, Water Board Date: August 1, 2017

+ + END OF ADVERTISEMENT FOR BIDS + +

EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

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EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 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.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

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

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page Article 1 – Defined Terms ...... 1 Article 2 – Copies of Bidding Documents ...... 1 Article 3 – Qualifications of Bidders ...... 1 Article 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site ...... 1 Article 5 – Bidder’s Representations ...... 3 Article 6 – Pre-Bid Conference ...... 4 Article 7 – Interpretations and Addenda ...... 4 Article 8 – Bid Security ...... 4 Article 9 – Contract Times ...... 5 Article 10 – Liquidated Damages ...... 5 Article 11 – Substitute and “Or-Equal” Items ...... 5 Article 12 – Subcontractors, Suppliers, and Others ...... 5 Article 13 – Preparation of Bid ...... 6 Article 14 – Basis of Bid ...... 7 Article 15 – Submittal of Bid ...... 7 Article 16 – Modification and Withdrawal of Bid ...... 7 Article 17 – Opening of Bids ...... 8 Article 18 – Bids to Remain Subject to Acceptance ...... 8 Article 19 – Evaluation of Bids and Award of Contract ...... 8 Article 20 – Bonds and Insurance ...... 8 Article 21 – Signing of Agreement ...... 9 Article 22 – Sales and Use Taxes ...... 9

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i THIS PAGE BLANK

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within _5_ days of Owner’s request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Qualifications Statement - Page CD2-1). 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

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

4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of- way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify:

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE‐BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged [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 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date and time for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent 5% of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement. 9.02 It is important to the Owner and State of Vermont that construction of this project begin as soon as possible. For that purpose, the Owner anticipates issuing a Notice to Proceed (starting the Contract Time) on September 18, 2017.

ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – SUBSTITUTE AND “OR‐EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: Directional Drilling and Interior Plumbing. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form and Bid Schedule is included with the Bidding Documents. A. All blanks on the Bid Form and Bid Schedule shall be completed in ink and the Bid Form and Bid Schedule signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.04 A Bid by an individual shall show the Bidder’s name and official address. 13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.06 All names shall be printed in ink below the signatures. 13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 ARTICLE 14 – BASIS OF BID

14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form Schedule. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Discrepancies between words and figures will be resolved in favor of the words.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, Bid Schedule, and [, if required,] the Bid Bond Form. The An unbound copy of the Bid Form and Bid Schedule is are to be completed and submitted with the Bid security and along with all the other documents required to be submitted with the Bid under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the Owner at address stated in the Advertisement for Bids. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and 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,

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. The provision to withdraw a Bid without forfeiting the Bid Security does not apply to a Bidder’s error in judgment in preparing the Bid.

ARTICLE 17 – OPENING OF BIDS

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

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

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

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from all state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. 28662). Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 THIS PAGE BLANK

EJCDC® C‐200, Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 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.

BID FORM FOR CONSTRUCTION CONTRACTS

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

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

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. BID FORM

North Bennington Water Department Water Distribution Extensions

TABLE OF CONTENTS

Page Article 1 – Bid Recipient ...... 1 Article 2 – Bidder’s Acknowledgements ...... 1 Article 3 – Bidder’s Representations ...... 1 Article 4 – Bidder’s Certification ...... 2 Article 5 – Basis of Bid ...... 3 Article 6 – Time of Completion ...... 3 Article 7 – Attachments to this Bid ...... 3 Article 8 – Defined Terms ...... 3 Article 9 – Bid Submittal ...... 4

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i THIS PAGE BLANK

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: Village of North Bennington Water Board P.O. Box 343 North Bennington, VT 05257 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

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

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site included in the Contract Documents. and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): A. See attached itemized Bid Schedule. 5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) 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 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Bid Schedule; C. If Bidder is a corporation or a limited liability company, a partnership, or a joint venture ‐ attach evidence of authority to sign.

ARTICLE 8 – DEFINED TERMS

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

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

ARTICLE 9 – BID SUBMITTAL

BIDDER:

By: Signature

Printed name If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.

Attest: Signature

Printed name

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 BID SCHEDULE

Item Unit Unit Price Total Price Description Unit Price (Written) No. Quantity (Figures) (Figures)

Payment Item Descriptions

1.0 Mobilization 1 F.M.L.S. $30,000 Thirty Thousand Dollars $30,000

2.0 Contract General Conditions 1 L.S. $ $

Erosion Prevention and 3.0 1 L.S. $ $ Sediment Control

4.0 Earthwork

4.1 Rock Removal 1,700 C.Y. $ $

Crushed Gravel Road and Driveway 4.2 5,400 S.Y. $ $ Restoration

4.3 Light Rip-Rap 75 S.Y. $ $

Additional Excavation Below 4.4 150 C.Y. $ $ Subgrade Additional Bedding Materials 4.5 Below Subgrade Additional 3/4" Crushed Stone 4.5.1 300 C.Y. $ $ Bedding Below Subgrade Additional Bank Run Sand Bedding 4.5.2 50 C.Y. $ $ Below Subgrade Miscellaneous Excavation and 4.6 100 C.Y. $ $ Backfill

4.7 Replacement Trench Backfill 100 C.Y. $ $

4.8 Cut and Cap Abandoned Pipe 5 EA. $ $

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 5 of 10 Bituminous Concrete Pavement

5.0 including Gravel Base and

Gravel Subbase Bituminous Concrete Pavement, 5.1 5,850 S.Y. $ $ Trench Patch Bituminous Concrete Pavement, 5.2 1,900 S.Y. $ $ Full Width Road Paving

6.0 Concrete Sidewalk and Curb

6.1 Concrete Sidewalk 100 S.F. $ $

6.2 Concrete Curb 60 L.F. $ $

7.0 Water Mains

7.1 8-inch CL 52 D.I. Water Main 13,200 L.F. $ $

7.2 6-inch CL 52 D.I. Water Main 2,050 L.F. $ $

7.3 4-inch CL 52 D.I. Water Main 6,200 L.F. $ $

6-inch HDPE DR-9 Directionally 7.4 220 L.F. $ $ Drilled Water Main

7.5 Connection to Existing Water Main 7 EA. $ $

8.0 Water Gate Valves

8.1 8-inch Gate Valves 17 EA. $ $

8.2 6-inch Gate Valves 5 EA. $ $

8.3 4-inch Gate Valves 8 EA. $ $

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 6 of 10

Tapping Sleeve and Gate Valve 9.0 Assembly 8-inch by 8-inch Tapping Sleeve 9.1 1 EA. $ $ and Gate Valve

10.0 Ductile Iron Fittings

10.1 D.I. M.J. Water Main Fittings 3,000 LBS. $ $

11.0 Hydrant Assembly

11.1 Fire Hydrant Assembly 16 EA. $ $

11.2 2-Nozzle Fire Hydrant Assembly 9 EA. $ $

11.3 Fire Hydrant Extensions 3 VLF $ $

11.4 Flushing Hydrant Assembly 1 EA. $ $

11.5 Removal of Existing Hydrant 6 EA. $ $

12.0 Water Services

1-inch Copper Water Service 12.1 3,600 L.F. $ $ Piping

12.2 1-inch Corporation Stops 100 EA. $ $

12.3 1-inch Curb Stops 100 EA. $ $

1-inch HDPE DR-9 Water Service 12.4 6,650 L.F. $ $ Piping 1½-inch Copper Water Service 12.5 20 L.F. $ $ Piping

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 7 of 10

12.6 1½-inch Corporation Stops 2 EA. $ $

12.7 1½-inch Curb Stops 3 EA. $ $

1½-inch HDPE DR-9 Water Service 12.8 550 L.F. $ $ Piping

13.0 Thrust Blocks

Cast-in-Place Concrete Thrust 13.1 6 C.Y. $ $ Blocks

14.0 Pipe Joint Thrust Restraint

14.1 Pipe Joint Thrust Restraint 95 EA. $ $

15.0 Pipe Insulation

15.1 Buried Rigid Insulation Board 875 S.F. $ $

16.0 Contaminated Earthwork

Initial Site Assessment by 16.1 8 Hrs. $ $ Environmental Consultant

16.2 Environmental Documentation

16.2.1 Health and Safety Plan 1 L.S. $ $

16.2.2 Management Plan 1 L.S. $ $

End of Work Summary 16.2.3 1 L.S. $ $ Documentation Petroleum Cleanup Fund 16.2.4 1 L.S. $ $ Reimbursement Documentation

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 8 of 10

Contaminated Earthwork General 16.3 2 Days $ $ Conditions Excavating and Handling for

16.4 Offsite Disposal of

Contaminated Soil Offsite Disposal of Contaminated 16.4.1 75 Tons $ $ Soils - Certified Land Fill Offsite Disposal of Contaminated 16.4.2 75 Tons $ $ Soils - Thermal Treatment Material Substitutions and 16.5 Additional Requirements

16.5.1 Substitute Gaskets 10 EA. $ $

16.5.2 Bentonite Trench Plugs 2 EA. $ $

17.0 Culvert Replacement

Remove and Replace Existing 17.1 60 L.F. $ $ Culvert, 18” CMP

18.0 Water Service Plumbing Work

Final Plumbing Connections; 18.1 55 EA. $ $ Foundation to Interior Piping Abandonment of Contaminated 18.2 55 EA. $ $ Wells Residential Water Meter 18.3 55 EA. $ $ Assemblies Removal and Disposal of POET 18.4 55 EA. $ $ System

19.0 Temporary Water Service 1,900 L.F. $ $

20.0 Miscellaneous Pipe Crew Work 10 Hrs. $ $

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 9 of 10

21.0 Uniformed Traffic Control 50 Hrs. $ $

Total Price (Written) Total Price TOTAL BASE BID (Items 1.0 through 21.0) (Figures) $

Note: Unit Quantities indicated are approximate and used for comparison of Bids only. Actual quantities may vary.

BIDDER (Indicate correct name of bidding entity):

BY (Signature):

NAME & TITLE (Please print):

ADDRESS:

DATE:

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD1 - 10 of 10 PENAL SUM FORM

BID BOND

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

BIDDER:

SURETY:

OWNER: Village of North Bennington Water Board P.O. Box 343 North Bennington, VT 05257

BID Bid Due Date: Description: Water Distribution Extensions

BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest: Signature Signature

Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C‐430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2

PENAL SUM FORM

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC® C‐430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2

QUALIFICATION STATEMENT

CONTRACTORS shall submit the following information subsequent to the bid, if requested by the Engineer or Owner for review of the bids:

PAST EXPERIENCE: List all projects of similar or greater value completed by the CONTRACTOR in the past five (5) years. Attach additional sheets if necessary.

1. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

2. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

3. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD2 - 1 4. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

5. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

6. Project Name Project Location $Value

Owner Name Owner’s Representative

Address Telephone No.

Project Engineer Engineer’s Representative Telephone No.

Was the Contract completed within the Contract period? □ Yes □ No Were there claims or liquidated damages against the Contractor? □ Yes □ No

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD2 - 2

NOTICE OF AWARD Date of Issuance: Owner: Village of N. Bennington Water Board Owner's Contract No.: Engineer: Otter Creek Engineering, Inc. Engineer's Project No.: 356.007 Project: Water Distribution Extensions Contract Name: Water Distribution Extensions Bidder: Bidder’s Address: TO BIDDER: You are notified that Owner has accepted your Bid dated [______] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Approximately 21,000 lineal feet of water mains, associated water services and related work.

The Contract Price of the awarded Contract is: $ ______[note if subject to unit prices, or cost‐plus] [ ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. [revise if multiple copies accompany the Notice of Award] a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:

1. Deliver to Owner [____]counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any):

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

Owner: Village of North Bennington Water Board

Authorized Signature By: Title:

Copy: Engineer

EJCDC® C‐510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 2

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EJCDC® C‐510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 2 of 2

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.

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

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

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between the Village of North Bennington Water Board (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Water Distribution Extensions ‐ Approximately 21,000 lineal feet of water mains, associated water services and related work.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Water Distribution Extensions ‐ Approximately 21,000 lineal feet of water mains, associated water services and related work.

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by _Otter Creek Engineering, Inc. 3.02 The Owner has retained _Otter Creek Engineering, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 200 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid and Bid Schedule, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the first day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. _90_ percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 b. _90_ percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to _100_ percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less _200_ percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of _12 _ percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site. and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages _1_ to _6_, inclusive). 2. Performance Bond (pages _1_ to _4_, inclusive). 3. Payment Bond (pages _1_ to _4_, inclusive). 4. [Other bonds. a. ___ (pages ___ to ___, inclusive).] 5. Standard General Conditions (pages _1_ to _66_, inclusive). 6. Supplementary Conditions (pages _1_ to _12_, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 34 sheets with each sheet bearing the following general title: North Bennington Water Department ‐ Water Distribution Extensions, North Bennington, Vermont, dated August 1, 2017. 9. Addenda (numbers ___ to ___, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Advertisement for Bid b. Instructions to Bidders c. Contractor’s Bid (pages _1_ to _4_, inclusive). d. Contractor’s Bid Schedule (pages _5__ to _10__, inclusive). e. Certificate of Substantial Completion f. Certificate of Final Completion g. Contractor’s Application for Payment h. General Contractor’s and Subcontractor’s Release of Lien i. Measurement and Payment j. Special Conditions

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 k. Vermont Agency of Natural Resources ‐ Construction General Permit 3‐9020 (Erosion Control) l. Vermont Agency of Natural Resources, Drinking Water and Groundwater Protection Division ‐ Permit to Construct m. Vermont Agency of Natural Resources ‐ Stream Alteration Permit n. Vermont Agency of Natural Resources ‐ Individual Wetlands Permit 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid

EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

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

OWNER: Village of N. Bennington Water Board CONTRACTOR:

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices: P.O. Box 343

North Bennington, VT 05257

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PAYMENT BOND

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

OWNER: Village of North Bennington Water Board P.O. Box 343 North Bennington, VT 05257

CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description: Water Distribution Extensions

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

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

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest: Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

EJCDC® C‐615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 4 1. The Contractor and Surety, jointly and severally, bind satisfy a Claimant’s obligation to furnish a written notice of themselves, their heirs, executors, administrators, non-payment under Paragraph 5.1.1. successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the 7. When a Claimant has satisfied the conditions of Paragraph performance of the Construction Contract, which is 5.1 or 5.2, whichever is applicable, the Surety shall incorporated herein by reference, subject to the following promptly and at the Surety’s expense take the following terms. actions:

2. If the Contractor promptly makes payment of all sums due 7.1 Send an answer to the Claimant, with a copy to the to Claimants, and defends, indemnifies, and holds Owner, within sixty (60) days after receipt of the harmless the Owner from claims, demands, liens, or suits Claim, stating the amounts that are undisputed and by any person or entity seeking payment for labor, the basis for challenging any amounts that are materials, or equipment furnished for use in the disputed; and performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this 7.2 Pay or arrange for payment of any undisputed Bond. amounts.

3. If there is no Owner Default under the Construction 7.3 The Surety’s failure to discharge its obligations Contract, the Surety’s obligation to the Owner under this under Paragraph 7.1 or 7.2 shall not be deemed to Bond shall arise after the Owner has promptly notified the constitute a waiver of defenses the Surety or Contractor and the Surety (at the address described in Contractor may have or acquire as to a Claim, Paragraph 13) of claims, demands, liens, or suits against except as to undisputed amounts for which the the Owner or the Owner’s property by any person or Surety and Claimant have reached agreement. If, entity seeking payment for labor, materials, or equipment however, the Surety fails to discharge its furnished for use in the performance of the Construction obligations under Paragraph 7.1 or 7.2, the Surety Contract, and tendered defense of such claims, demands, shall indemnify the Claimant for the reasonable liens, or suits to the Contractor and the Surety. attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to 4. When the Owner has satisfied the conditions in Paragraph the Claimant. 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a 8. The Surety’s total obligation shall not exceed the amount duly tendered claim, demand, lien, or suit. of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this 5. The Surety’s obligations to a Claimant under this Bond Bond shall be credited for any payments made in good shall arise after the following: faith by the Surety.

5.1 Claimants who do not have a direct contract with 9. Amounts owed by the Owner to the Contractor under the the Contractor, Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, 5.1.1 have furnished a written notice of non- under any construction performance bond. By the payment to the Contractor, stating with Contractor furnishing and the Owner accepting this Bond, substantial accuracy the amount claimed they agree that all funds earned by the Contractor in the and the name of the party to whom the performance of the Construction Contract are dedicated materials were, or equipment was, to satisfy obligations of the Contractor and Surety under furnished or supplied or for whom the this Bond, subject to the Owner’s priority to use the funds labor was done or performed, within for the completion of the work. ninety (90) days after having last performed labor or last furnished 10. The Surety shall not be liable to the Owner, Claimants, or materials or equipment included in the others for obligations of the Contractor that are unrelated Claim; and to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any 5.1.2 have sent a Claim to the Surety (at the Claimant under this Bond, and shall have under this Bond address described in Paragraph 13). no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to 5.2 Claimants who are employed by or have a direct Claimants under this Bond. contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 11. The Surety hereby waives notice of any change, including 13). changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to

EJCDC® C‐615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 4 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic’s lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of “labor, materials, or Contractor shall be mailed or delivered to the address equipment” that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor’s subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic’s lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor, the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18. Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and

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PERFORMANCE BOND

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

OWNER: Village of North Bennington Water Board P.O. Box 343 North Bennington, VT 05257

CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description: Water Distribution Extensions

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

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

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By: Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest: Signature Signature

Title Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

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1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of Contract, which is incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 2. If the Contractor performs the Construction Contract, the Surety Contractor Default; or and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for Paragraph 3. completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as 3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined, make payment the Surety that the Owner is considering declaring a Contractor to the Owner; or Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the Surety to discuss the Contractor’s performance. If the Owner Owner, citing the reasons for denial. does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a 6. If the Surety does not proceed as provided in Paragraph 5 with conference. If the Surety timely requests a conference, the reasonable promptness, the Surety shall be deemed to be in default Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its within ten (10) business days of the Surety’s receipt of the obligations under this Bond, and the Owner shall be entitled to Owner’s notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4, and the Owner refuses the payment or the perform the Construction Contract, but such an agreement shall Surety has denied liability, in whole or in part, without further notice not waive the Owner’s right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the Contractor Default; Owner.

3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the Construction Contract and notifies the Surety; and the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and 3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract Construction Contract. Price, the Surety is obligated, without duplication for:

4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of requirement in Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract; with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs demonstrates actual prejudice. resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the 7.3 liquidated damages, or if no liquidated damages are following actions: specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and Owner and a contractor selected with the Owners concurrence, assigns.

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10. The Surety hereby waives notice of any change, including be Subcontractor and the term Owner shall be deemed to be changes of time, to the Construction Contract or to related Contractor. subcontracts, purchase orders, and other obligations. 16. Modifications to this Bond are as follows: 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

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

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

14. Definitions

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

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

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

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

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

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

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NOTICE TO PROCEED Owner: Village of N. Bennington Water Board Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Otter Creek Engineering, Inc. Engineer's Project No.: 356.007 Project: Water Distribution Extensions Contract Name: Water Distribution Extensions Effective Date of Contract:

TO CONTRACTOR:

Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [______, 20__]. [see Paragraph 4.01 of the General Conditions]

On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is ______, and the date of readiness for final payment is______] [or] [the number of days to achieve Substantial Completion is ______, and the number of days to achieve readiness for final payment is ______].

Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions]

Owner: Village of North Bennington Water Board

Authorized Signature By: Title: Date Issued:

Copy: Engineer

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Change Order No.

Date of Issuance: Effective Date: Owner: Village of N. Bennington Water Board Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Otter Creek Engineering, Inc. Engineer's Project No.: 356.007 Project: Water Distribution Extensions Contract Name: Water Distribution Extensions

The Contract is modified as follows upon execution of this Change Order: Description:

Attachments: [List documents supporting change]

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. to No. : Orders No. to No. : Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ENGINEER ACCEPTED: OWNER ACCEPTED: CONTRACTOR By: By: By: Otter Creek Engineering, Inc. Village of N. Bennington Water Board Title: Title Title Date: Date Date

Approved by Funding Agency (if applicable) By: Date: Title:

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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

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

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

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ...... 1 1.01 Defined Terms ...... 1 1.02 Terminology ...... 5 Article 2 – Preliminary Matters ...... 6 2.01 Delivery of Bonds and Evidence of Insurance ...... 6 2.02 Copies of Documents ...... 6 2.03 Before Starting Construction ...... 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ...... 7 2.05 Initial Acceptance of Schedules ...... 7 2.06 Electronic Transmittals ...... 7 Article 3 – Documents: Intent, Requirements, Reuse ...... 8 3.01 Intent ...... 8 3.02 Reference Standards ...... 8 3.03 Reporting and Resolving Discrepancies ...... 8 3.04 Requirements of the Contract Documents ...... 9 3.05 Reuse of Documents ...... 10 Article 4 – Commencement and Progress of the Work ...... 10 4.01 Commencement of Contract Times; Notice to Proceed ...... 10 4.02 Starting the Work ...... 10 4.03 Reference Points ...... 10 4.04 Progress Schedule ...... 10 4.05 Delays in Contractor’s Progress ...... 11 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ...... 12 5.01 Availability of Lands ...... 12 5.02 Use of Site and Other Areas ...... 12 5.03 Subsurface and Physical Conditions ...... 13 5.04 Differing Subsurface or Physical Conditions ...... 14 5.05 Underground Facilities ...... 15

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5.06 Hazardous Environmental Conditions at Site...... 17 Article 6 – Bonds and Insurance ...... 19 6.01 Performance, Payment, and Other Bonds ...... 19 6.02 Insurance—General Provisions ...... 19 6.03 Contractor’s Insurance ...... 20 6.04 Owner’s Liability Insurance ...... 23 6.05 Property Insurance ...... 23 6.06 Waiver of Rights ...... 25 6.07 Receipt and Application of Property Insurance Proceeds ...... 25 Article 7 – Contractor’s Responsibilities ...... 26 7.01 Supervision and Superintendence ...... 26 7.02 Labor; Working Hours ...... 26 7.03 Services, Materials, and Equipment ...... 26 7.04 “Or Equals” ...... 27 7.05 Substitutes ...... 28 7.06 Concerning Subcontractors, Suppliers, and Others ...... 29 7.07 Patent Fees and Royalties ...... 31 7.08 Permits ...... 31 7.09 Taxes ...... 32 7.10 Laws and Regulations ...... 32 7.11 Record Documents ...... 32 7.12 Safety and Protection ...... 32 7.13 Safety Representative ...... 33 7.14 Hazard Communication Programs ...... 33 7.15 Emergencies ...... 34 7.16 Shop Drawings, Samples, and Other Submittals ...... 34 7.17 Contractor’s General Warranty and Guarantee...... 36 7.18 Indemnification ...... 37 7.19 Delegation of Professional Design Services ...... 37 Article 8 – Other Work at the Site ...... 38 8.01 Other Work ...... 38 8.02 Coordination ...... 39 8.03 Legal Relationships ...... 39

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Article 9 – Owner’s Responsibilities ...... 40 9.01 Communications to Contractor ...... 40 9.02 Replacement of Engineer ...... 40 9.03 Furnish Data ...... 40 9.04 Pay When Due ...... 40 9.05 Lands and Easements; Reports, Tests, and Drawings ...... 40 9.06 Insurance ...... 40 9.07 Change Orders ...... 40 9.08 Inspections, Tests, and Approvals ...... 41 9.09 Limitations on Owner’s Responsibilities ...... 41 9.10 Undisclosed Hazardous Environmental Condition ...... 41 9.11 Evidence of Financial Arrangements ...... 41 9.12 Safety Programs ...... 41 Article 10 – Engineer’s Status During Construction ...... 41 10.01 Owner’s Representative ...... 41 10.02 Visits to Site ...... 41 10.03 Project Representative ...... 42 10.04 Rejecting Defective Work ...... 42 10.05 Shop Drawings, Change Orders and Payments ...... 42 10.06 Determinations for Unit Price Work ...... 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ...... 42 10.08 Limitations on Engineer’s Authority and Responsibilities ...... 42 10.09 Compliance with Safety Program ...... 43 Article 11 – Amending the Contract Documents; Changes in the Work ...... 43 11.01 Amending and Supplementing Contract Documents ...... 43 11.02 Owner-Authorized Changes in the Work ...... 44 11.03 Unauthorized Changes in the Work ...... 44 11.04 Change of Contract Price ...... 44 11.05 Change of Contract Times ...... 45 11.06 Change Proposals ...... 45 11.07 Execution of Change Orders ...... 46 11.08 Notification to Surety ...... 47 Article 12 – Claims ...... 47

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12.01 Claims ...... 47 Article 13 – Cost of the Work; Allowances; Unit Price Work ...... 48 13.01 Cost of the Work ...... 48 13.02 Allowances ...... 50 13.03 Unit Price Work ...... 51 Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...... 52 14.01 Access to Work ...... 52 14.02 Tests, Inspections, and Approvals ...... 52 14.03 Defective Work...... 53 14.04 Acceptance of Defective Work ...... 53 14.05 Uncovering Work ...... 53 14.06 Owner May Stop the Work ...... 54 14.07 Owner May Correct Defective Work ...... 54 Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period ...... 55 15.01 Progress Payments ...... 55 15.02 Contractor’s Warranty of Title ...... 58 15.03 Substantial Completion ...... 58 15.04 Partial Use or Occupancy ...... 59 15.05 Final Inspection ...... 59 15.06 Final Payment ...... 59 15.07 Waiver of Claims ...... 61 15.08 Correction Period ...... 61 Article 16 – Suspension of Work and Termination ...... 62 16.01 Owner May Suspend Work ...... 62 16.02 Owner May Terminate for Cause ...... 62 16.03 Owner May Terminate For Convenience ...... 63 16.04 Contractor May Stop Work or Terminate ...... 63 Article 17 – Final Resolution of Disputes ...... 64 17.01 Methods and Procedures ...... 64 Article 18 – Miscellaneous ...... 64 18.01 Giving Notice ...... 64 18.02 Computation of Times ...... 64 18.03 Cumulative Remedies ...... 64

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18.04 Limitation of Damages ...... 65 18.05 No Waiver ...... 65 18.06 Survival of Obligations ...... 65 18.07 Controlling Law ...... 65 18.08 Headings ...... 65

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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 66 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 66 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 66 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 66 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 66 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 66 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 66 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict,

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 66 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 66 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 66 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 66 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

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

5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 66 by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 66 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 66 c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 66 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 66 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 66 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 66 ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 66 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 66 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 66 of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 66 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 66 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 66 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 66 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 66 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 “Or Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 66 D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 66 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 66 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 66 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 66 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work;

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 66 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 66 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 66 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 66 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 66 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 66 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE

8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 66 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 66 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 66 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 66 or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 66 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 66 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner‐Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 66 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 66 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 66 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 – CLAIMS

12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 66 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 66 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 66 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 66 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 66 ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 66 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 66 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 66 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET‐OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 66 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 66 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 66 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 66 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 66 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation,

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 66 including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

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

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 66 E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses,

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 66 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 66 expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18 – MISCELLANEOUS

18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 66 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

END OF C‐700, STANDARD GENERAL CONDITIONS

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 66 THIS PAGE BLANK

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 66 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.

SUPPLEMENTARY CONDITIONS

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This Guide to the Preparation of Supplementary Conditions has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC® C-700, 2013 Edition). Their provisions are interrelated and a change in one may necessitate a change in the other. The suggested language contained in the Guide to the Preparation of Instructions to Bidders (EJCDC® C-200, 2013 Edition) is also carefully integrated with the suggested language of this document. The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

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

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C‐700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto.

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC‐1.01A.8 ‐ Add the following language at the end of last sentence of Paragraph 1.01.A.8:

The Change Order form to be used on this Project is EJCDC C‐941.

SC‐1.01.A.48 ‐ Add the following language at the end of the last sentence of Paragraph 1.01.A.48:

Work Change Directive cannot change Contract Price or Contract Times without a subsequent Change Order

SC‐1.01.A49 ‐ Add the following new Paragraph after Paragraph 1.01.A.48 Abnormal Weather Conditions ‐ Conditions of extreme or unusual weather for a given region, elevation, or season as determined by Engineer Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered Abnormal Weather Conditions.

ARTICLE 2 – PRELIMINARY MATTERS

SC‐2.02 Copies of Documents

SC‐2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor five _5_ copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC‐4.01.A ‐ Amend the last sentence of Paragraph 4.01.A by striking out the following words:

In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier.

SC‐4.05.C.2 ‐ Amend Paragraph 4.05.C.2 by striking out the following text: "abnormal weather conditions;" and inserting the following text:

Abnormal Weather Conditions; EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 12 ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

SC‐5.06 Hazardous Environmental Conditions

SC‐5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used.

ARTICLE 6 ‐ BONDS AND INSURANCE

SC‐6.01 Performance, Payment, and other Bonds

SC‐6.01 ADD the following new paragraph immediately after Paragraph 6.01.F:

G. Saint‐Gobain shall be named as dual oblige on all Bonds.

SC‐6.02 Insurance ‐ General Provisions

SC‐6.02 Change the last line in 6.02.B. to read “…A.M. Best rating of A‐VIII or better.”

SC‐6.03 Contractor’s Liability Insurance

SC‐6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:

State: Statutory Federal, if applicable (e.g., Longshoreman’s): Statutory Policy shall include a waiver of subrogation endorsement in favor of Saint‐Gobain Parties, if permitted by Law. Employer’s Liability: Bodily injury, each accident $ $1,000,000 Bodily injury by disease, each employee $ $1,000,000 Bodily injury/disease aggregate $ $1,000,000 Policy shall include a waiver of subrogation endorsement in favor of Saint‐Gobain Parties, if permitted by Law. Foreign voluntary worker compensation Statutory Policy shall include endorsements ISO Form CG 20 10 and CG 20 37 or their equivalent including Saint‐Gobain Parties as additional insureds for ongoing and completed operations. Saint‐Gobain Parties are to be afforded the dame types of coverage as listed in declarations page of the named insured’s policy. Policy shall include a waiver of subrogation EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 12 endorsement in favor of Saint‐Gobain Parties. Policy shall include a cross liability and severability of interest clauses. Policy shall contain an endorsement noting that Contractor’s insurance is primary and any other insurance carried by Saint‐Gobain shall be noncontributory. Products and completed operations insurance shall be maintained for a period of eight (8) years after the date of final payment. 2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions:

General Aggregate $ 2,000,000

Products ‐ Completed Operations Aggregate $ 2,000,000

Personal and Advertising Injury $ 1,000,000

Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Bodily Injury: Each person $ 1,000,000 Each accident $ 1,000,000

Property Damage: Each accident $ 1,000,000

Policy shall include an endorsement, including Saint‐Gobain Parties as additional insureds. Saint‐Gobain Parties are to be afforded the same types of coverage as listed in declarations page of the named insured’s policy. Policy shall include a waiver of subrogation endorsement in favor of Saint‐Gobain Parties. Policy shall include a cross‐liability and severability of interest clauses. Policy shall contain an endorsement noting that Contractor’s insurance is primary and any other insurance carried by Saint‐Gobain shall be noncontributory, if permitted by law. 4. Excess or Umbrella Liability:

Per Occurrence $ 10,000,000 General Aggregate $ 5,000,000

5. Contractor’s Pollution Liability:

Each Occurrence $ 3,000,000 General Aggregate $ 3,000,000

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 12

If box is checked, Contractor is not required to provide Contractor’s

Pollution Liability insurance under this Contract

6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: 7. Contractor’s Professional Liability:

Each Claim $ N/A Annual Aggregate $ N/A L. All insurance policies required to be maintained by Contractor must be written on an occurrence form (claims‐made form or modified occurrence not allowed) and shall be maintained without interruption during the period when work on the project is ongoing, unless otherwise provided. Contractor’s required insurance limits may be satisfied by a combination of primary and excess/umbrella policies. M. The required insurance policies shall not be cancelled, reduced in scope or allowed to expire until at least 30 days’ prior written notice has been given by Contractor or its insurance broker or carrier to Saint‐Gobain N. If any of the foregoing insurance coverages are required to remain in force after completion of the Project, additional certificates evidencing continuation of such coverage shall be submitted on an annual basis to Saint‐Gobain. Information concerning reduction of coverage on account of revised limits or claims paid under the general aggregate, or both, shall be furnished to Saint‐Gobain as soon as reasonably possible in accordance with Contractor’s information and belief. O. Owner waives any claims it might have against Saint‐Gobain Parties for payment of any deductibles or retentions or other self‐insurance mechanisms. P. The Village of North Bennington Water Department, Otter Creek Engineering, Inc., and Saint‐Gobain Parties shall be named as co‐insured parties under all provisions of the Contractor’s insurance related to the Construction Contract. Q. To the extent authorized by law and any applicable contract of insurance, the Owner and Saint‐Gobain hereby waive all rights of subrogation against each other, including their officers and employees, with respect to any and all insured claims. The parties’ insurance policies shall provide such waivers of subrogation by endorsement or otherwise. R. The Owner and Saint‐Gobain waive all rights against each other and any of their Contractors, agents and employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained or other property insurance applicable to the Project. Except such rights as they have to the proceeds of such insurance. The parties’ insurance policies shall provide such waivers of subrogation by endorsement or otherwise. The Construction Contract shall include similar waivers of subrogation and require that all subcontracts provide such waivers.

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 12 SC‐6.05 Property Insurance

SC‐6.05.A. Delete Paragraph 6.05.A of the General Conditions and substitute the following in its place: Contractor shall provide and maintain installation floater insurance for property under the care, custody, or control of Contractor. The installation floater insurance shall be a broad form or “all risk” policy providing coverage for all materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work. Coverage under the Contractor’s installation floater will include: 1. any loss to property while in transit, 2. any loss at the Site, and 3. any loss while in storage, both on‐site and off‐site. Coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. The Contractor will be solely responsible for any deductible carried under this coverage and claims on materials, supplies, machinery, fixture, and equipment that will be incorporated into the Work while in transit or in storage. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC‐7.02 Labor; Working Hours

SC‐7.02.B. Add the following new subparagraphs immediately after Paragraph 7.02.B: 1. Regular working hours will be 7 a.m. to 5 p.m., Monday through Friday. 2. Owner's legal holidays are New Year’s Day (January 1st), Memorial Day, Independence Day (July 4th), Labor Day, Veteran’s Day, Thanksgiving Day and Day Following, Christmas Day (December 25th). SC‐7.04 "Or Equals" SC‐7.04.A ‐ Amend the third sentence of Paragraph 7.04.A. by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or‐equal" item is permitted. SC‐7.04.A.1 ‐ Amend the last sentence of Paragraph a.3 by striking out "and;" and adding a period at the end of Paragraph a.3. SC‐7.06 Concerning Subcontractors, Suppliers, and Others SC‐7.06.A ‐ Amend Paragraph 7.06 by adding the following text to the end of the Paragraph: The Contractor shall not award work valued at more than fifty percent of the Contract Price to Subcontractor(s), without prior written approval of the Owner. SC‐7.06.E ‐ Amend the second sentence of Paragraph 7.06.E. by striking out "Owner may also require Contractor to retain specific replacements; provided, however, that".

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 12 SC‐7.09 Taxes

SC 7.09 Add a new paragraph immediately after Paragraph 7.09.A: B. Owner is exempt from payment of sales and compensating use taxes of the State of Vermont and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

SC‐10.03 Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project‐related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on‐Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer.

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 12 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor‐approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on‐Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start‐ups: a. Verify that tests, equipment, and systems start‐ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start‐ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer.

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 12 b. Record names, addresses, fax numbers, e‐mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or‐equal” items).

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 12 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off‐site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC 13.02.C ‐ Delete Paragraph 13.02.c. in its entirety:

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET‐OFFS; COMPLETION; CORRECTION PERIOD

SC‐15.01.B ‐ Amend the second sentence of Paragraph 15.01.B.1 by striking out the following text: "a bill of sale, invoice, or other."

SC‐15.01.B.3 ‐ Add the following language at the end of Paragraph 15.01.B.3: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage, or invest the retainage for the benefit of the Contractor. SC‐15.01.B.4 ‐ Add the following language at the end of Paragraph 15.01.B.3: The Application for Payment form to be used on this Project is EJCDC C‐620. SC‐15.01.D.1 ‐ Delete Paragraph 15.01.D.1 in its entirety and insert the following in its place: The Application for Payment with Engineer's recommendations will be presented to the Owner for consideration. If the Owner finds the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make the payment to the Contractor. SC‐15.02.A ‐ Amend Paragraph 15.02.A by striking out the following text: "no later than seven days after the time of payment by Owner" and insert "no later than the time of payment by Owner."

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 12 ARTICLE 18 – MISCELLANEOUS

SC‐18.09 ‐ Add the following new paragraph after Paragraph 18.08:

Tribal Sovereignty. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the {insert name of Tribe} Tribe; affecting the trust‐beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government‐to‐ government relationship between the United States and the Tribe.

ARTICLE 19 – FEDERAL REQUIREMENTS

SC 19.19 Add the following after Article 19.18.A with the title “Hazardous Materials”: A. If at any time during construction the presence of unanticipated hazardous materials at or proximate to a construction site is detected, the Contractor shall cease work in the affected area and perform the following immediately: 1. Notify the Owner verbally and in writing. The Owner is responsible for notification of the Waste Management Division of the Vermont Agency of Natural Resources. 2. Take all action necessary and appropriate for the protection and safety of the public and persons at or about the site, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Owners and users of adjacent sites and utilities. 3. Actions at the construction site following completion of these steps shall be at the direction of the Waste Management Division. Nothing in these requirements shall be construed to require the Engineer and/or the Contractor to perform work for which adequate compensation has not been contracted for other than to insure that basic measures necessary to protect the health and welfare of workers, residents and abutters are immediately adopted. 4. At construction sites where the presence of contaminated or hazardous materials are suspected to exist and provisions have been made in the Contract Documents for their management, the requirements in the Contract Documents will determine the appropriate actions of the Contractor. In any event, discovery of contaminated soils require the immediate notification of the Owner. If sites other than the suspected areas previously delineated in the Contract Documents are discovered, items A, B and C above shall apply. SC 19.20 Add the following after Article 19.19.A.4 with the title “Historic Preservation”: A. If at any time during construction, the presence of possible human remains are discovered at or proximate to a construction site, the Contractor shall cease work in the affected area and immediately contact the local medical examiner or law enforcement official in addition to notifying the Owner or Owner’s representative, verbally and in writing. The Contractor shall take all action necessary and appropriate for the protection and safety of the public and the site. The Owner is responsible for promptly notifying the Agency of Natural Resources representative. EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 12 B. If at any time during construction, the presence of unanticipated historic and archeological resources are detected at or proximate to a construction site, the Contractor shall cease work in the affected area, take all action necessary and appropriate for the protection and safety of the public and the site, and immediately perform the following: 1. Notify the Owner verbally and in writing. The Owner is responsible for promptly notifying the Agency of Natural Resources representative. 2. Notify the Vermont Division of Historic Preservation at: (802) 828‐3050 landline or (802) 477‐2517 cell or (802) 828‐3048 landline or (802) 310‐ 0289 cell. C. Actions at the construction site following completion of these steps shall be at the direction of the local medical examiner, law enforcement agent or Historic Preservation Division as appropriate. Nothing in this Article shall be construed to require the Engineer and/or the Contractor to perform work for which adequate compensation has not been contracted for other than to insure that basic measures necessary to protect the safety and welfare of the workers and the site. SC 19.21 Add the following after Article 19.20.C with the title “Unauthorized Bypassing of Sewerage Facilities”: A. The Contractor is not authorized to initiate any bypassing of sewerage facilities whether or not under construction or rehabilitation. Any Owner authorized bypass within the system is specified in detail in these Contract Documents. If a bypass not specified in these Contract Documents occurs under an unavoidable emergency situation, the Contractor is required to immediately notify the Owner, verbally and in writing, giving the details of the occurrence. The Owner is required by State Law to immediately notify the Watershed Management Division of the Vermont Department of Environmental Conservation.

B. If the Owner, upon receipt of a written request from the Contractor, is asked to consider bypassing of the system or components of treatment and such bypass will result in discharges with treatment levels less than those allowed in the NPDES Permit, the Contractor acknowledges that the Owner is required to file a request for State of Vermont review and approval prior to any such bypass. If approved, DEC will issue an Emergency Pollution Permit, which must be in‐place prior to any bypass.

SC 19.22 Add the following after Article 19.21.B with the title “Governing Federal Regulations”: A. The Bidder and Contractor are responsible for knowledge of, and compliance with all requirements, provisions, policies and permits contained in the Contract Documents. Any conflicts between these Contract Documents and the most current version of the Code of Federal Regulations housed online at eCFR shall be governed by the most current version of the ruling. SC 19.23 Add the following after Article 19.22.A with the title “Permits”: A. Contractor shall comply with all Federal, State and Local permits that apply to the performance of Work under this Contract.

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 12 THIS PAGE BLANK

EJCDC® C‐800, Supplementary Conditions. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 12

CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Village of North Bennington Water Board Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Otter Creek Engineering, Inc. Engineer's Project No.: 356.007 Project: Water Distribution Extensions Contract Name: Water Distribution Extensions This [preliminary] [final] Certificate of Substantial Completion applies to:

All Work The following specified portions of the Work:

Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.

A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: None As follows

Amendments to Contractor's responsibilities: None

As follows:

The following documents are attached to and made a part of this Certificate: [punch list; others]

This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract.

EXECUTED BY: ENGINEER RECEIVED: OWNER RECEIVED: CONTRACTOR By: By: By: Otter Creek Engineering, Inc. Village of N. Bennington Water Board Title: Title: Title: Date: Date: Date:

EJCDC® C‐625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 2

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EJCDC® C‐625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 2 of 2

CERTIFICATE OF FINAL COMPLETION

Project: Water Distribution Extensions Owner: Village of N. Bennington Water Board Owner's Contract No.:

Contract: Water Distribution Extensions Date of Contract:

Contractor: Engineer's Project No.: 356.007

This definitive Certificate of Final Completion applies to:

 All Work under the Contract Documents:  The following specified portions:

Date of Final Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be complete. The Date of Final Completion of the Project designated above is hereby declared.

The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows:

 Amended Responsibilities  Not Amended Owner's Amended Responsibilities:

Contractor's Amended Responsibilities:

The following documents are attached to and made part of this Certificate:

This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents.

Executed by Engineer - Otter Creek Engineering, Inc. Date

Accepted by Contractor - Date

Accepted by Owner - Village of North Bennington Water Board Date

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD3-1

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD3-2 Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): North Bennington Water Department Otter Creek Engineering, Inc. (Owner): Project: Contract: North Bennington Water Department - Water Water Distribution Extensions Distribution Extensions

Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 356.007

Application For Payment Change Order Summary Approved Change Orders 1. ORIGINAL CONTRACT PRICE...... $ NumberAdditions Deductions 2. Net change by Change Orders...... $ 3. Current Contract Price (Line 1 ± 2)...... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress Estimates)...... $ 5. RETAINAGE: a. X Work Completed...... $ b. X Stored Material...... $ c. Total Retainage (Line 5.a + Line 5.b)...... $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)...... $ TOTALS 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)...... $ NET CHANGE BY 8. AMOUNT DUE THIS APPLICATION...... $ CHANGE ORDERS 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c above)...... $

Contractor's Certification The undersigned Contractor certifies, to the best of its knowledge, the following: Payment of: $ (1) All previous progress payments received from Owner on account of Work done under the Contract (Line 8 or other - attach explanation of the other amount) have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered is recommended by: by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner (Engineer) - Otter Creek Engineering, Inc. (Date) indemnifying Owner against any such Liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Payment of: $ (Line 8 or other - attach explanation of the other amount)

is approved by: (Owner) - Village of North Bennington Water Board (Date) Contractor Signature By: Date: Approved by: Funding or Financing Entity (if applicable) (Date)

EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 THIS PAGE BLANK Progress Estimate - Lump Sum Work Contractor's Application

For (Contract): Application Number: North Bennington Water Department - Water Distribution Extensions

Application Period: Application Date:

Work Completed E F G

A B C D Materials Presently Total Completed Balance to Finish % Specification Section From Previous Application Stored (not in C or D) and Stored to Date (B - F) Description Scheduled Value ($) This Period (F / B) No. (C+D) (C + D + E)

Totals

EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 THIS PAGE BLANK Progress Estimate - Unit Price Work Contractor's Application

For (Contract): Application Number: North Bennington Water Department - Water Distribution Extensions

Application Period: Application Date:

ABCDEF

Item Contract Information Estimated Value of Work Total Completed Materials Presently % Balance to Finish Item Total Value Quantity Installed to and Stored to Date Bid Item No. Description Units Unit Price Stored (not in C) (F / B) (B - F) Quantity of Item ($) Installed Date (D + E)

Totals

EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 THIS PAGE BLANK Stored Material Summary Contractor's Application

For (Contract): Application Number: North Bennington Water Department - Water Distribution Extensions Application Period: Application Date:

ACB DFEG Subtotal Amount Submittal No. Stored Previously Incorporated in Work Bid Completed and Materials Remaining Supplier (with Storage Date Placed Amount Stored Item Description of Materials or Equipment Stored Amount Stored to Date Date (Month/ Amount in Storage ($) Invoice No. Specification Location into Storage this Month ($) No. ($) (D + E) Year) ($) (D + E - F) Section No.) (Month/Year)

Totals

EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 THIS PAGE BLANK GENERAL CONTRACTOR'S OR SUBCONTRACTOR’S RELEASE AND WAIVER OF LIEN

For and in consideration of the receipt of $______, in payment for labor and/or materials furnished, the undersigned does hereby waive, release and relinquish any and all claims, demands and rights of lien for all work, labor, materials, machinery or other goods, equipment or services done, performed or furnished for the construction located at the site hereinafter described, to wit:

Water Distribution Extensions (Project Name)

Village of North Bennington Water Board (Name of Owner)

P.O. Box 343 North Bennington, VT 05257 (Address of Owner) as of . (Date)

The undersigned further warrants and represents that any and all valid labor and/or materials and equipment bills, now due and payable on the property herein above described in behalf of the undersigned, have been paid in full to date of this waiver, or will be paid from these funds.

Total Paid to Date This Contract: $

Total Billed to Date This Contract: $

Current Payment Due: $

Contractor/Sub-Contractor

By:

Name:

Title:

Witness

By:

Name:

Title:

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD4 - 1 INSTRUCTIONS FOR CONTRACTORS OR SUBCONTRACTORS RELEASE AND WAIVER OF LIEN

1. At preconstruction meeting the Owner will receive from the Contractor a list of all major items he intends to subcontract.

2. Prior to the first requisition for payment, the Owner will inform the Contractor as to which of these subcontractors may be required to complete a RELEASE AND WAIVER OF LIEN.

3. The Contractor shall include in the payment package a RELEASE AND WAIVER OF LIEN form for the over-all contract and those of any subs so identified by the Owner.

4. For all interim payments prior to 90% completion of the contract, the Contractor may delete, Athe undersigned does.....performed or furnished@ from the first statement.

5. Final payment requires a fully executed form.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD4 - 2 MEASUREMENT AND PAYMENT

1. General a. The following sections describe the method of MEASURE AND PAYMENT for work to be done under the corresponding items in the BID SCHEDULE. b. Each lump sum item, and unit price item, as stated on the BID SCHEDULE, multiplied by the actual quantity, shall constitute full compensation for providing the materials, tools, equipment, labor, calibration and testing for each completed item of work as installed and accepted by the Owner.

2. Work Included in Items a. The price for items which involve earthwork shall be considered to include full compensation for the following as required: i. Excavation of earth, stripping, grubbing, clearing, ii. Disposal of surplus, demolition, or waste materials, iii. Supply, placement, and compaction of bedding and envelope, select backfill, base, subbase, fill, embankment and all other borrow materials, unless specifically described in another item. iv. Handling of water, v. Sheeting, bracing, and trench protection. b. The Contractor may encounter surface and groundwater in excavations. Pricing shall include all dewatering operations. Additional compensation for such work, over and above the contract price, shall not be approved.

3. Payment for Testing a. The OWNER will pay for only the following testing services directly: compaction testing, concrete testing. Should any work not meet the testing requirements of the Contract Documents, all subsequent testing required by the Owner shall be paid for by the Contractor. b. All other testing, disinfection, flushing and sample analysis required in the Specifications shall be the Contractor’s responsibility, and costs shall be carried in the appropriate item.

4. Scope of Payment a. Payments to Contractor will be made for the quantities of the contract items performed and accepted, less retained amount, in accordance with the Contract Documents. b. Upon completion of construction, if these quantities show either an increase or decrease from the quantities given in the Bid, the contract unit prices will still apply, except as provided in the Contract Documents. c. Payment of any partial payment estimate or of any retained percentage, except by and under the approved final invoice, in no way shall affect the obligation of Contractor to repair or renew any defective parts of the construction or to be responsible for all damage due to such defects.

5. Payment for Increased or Decreased Quantities a. When changes in the quantities of work on unit priced items are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the quantities of work done. b. No allowances will be made for anticipated profits for decreased quantities. c. No allowance will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations to the work or indirectly from unbalanced allocation among the Contract items of

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 1 expenses on the part of the Contractor.

6. Eliminated Items a. Should any items contained in the Bid Schedule be found unnecessary for the completion of the work contracted, Engineer may eliminate such items from the Contract. Such action shall in no way invalidate the contract, and no payment will be made for items so eliminated in making final payment to Contractor. b. No allowance will be made for anticipated profits for eliminated items. c. No allowance will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations to the work or indirectly from unbalanced allocation among the Contract items of expenses on the part of the Contractor.

7. Procedures a. Unit Price Items: i. Contractor shall be paid for actual amount of work accepted, in accordance with this Section, during the period of construction, less retained amount. In addition, where work is substantially complete, but lacks testing, disinfection, surface restoration, and/or clean-up, amounts may be retained from payment to amply cover the cost of such testing, disinfection, surface restoration, and/or clean-up. After the work is completed and before final payment is made, Engineer shall make final measurements to determine the quantities of the various items of work accepted as the basis for final payment. Contractor shall provide assistance to Engineer to make final measurements. ii. Payment for the work of the Unit Price Items shall be made at the Unit Prices stated in the Bid and appropriate to each Unit Price Item. No payments shall be made under these Unit Price Items for work performed by the Contractor to replace defective work, for work which is not shown or ordered, or for work which is outside the limits shown or ordered. iii. Unit Quantities on the BID SCHEDULE are approximate and used for comparison of Bids only. Actual quantities may vary. b. Lump Sum Items: i. Contractor shall be paid in accordance with the accepted Progress Schedule and Schedule of Values on the basis of actual work accepted, until the work item is completed. Upon completion of the item, 100% of the lump sum price shall be paid, less retained amount. ii. At the Preconstruction Conference, the Contractor shall provide the Owner with a schedule of values for each of the Lump Sum Items. The schedule of values shall provide specific prices for each of the major items which constitute the Lump Sum Item. iii. Payment for the work of the Lump Sum Price Items shall be made at the Lump Sum Price stated in the Bid Schedule and appropriate to each Lump Sum Item. Partial payments for each Lump Sum Item shall be based on the percentage of work completed. No payments shall be made under these Lump Sum Price Items for work performed by the Contractor to replace defective work, for work which is not shown or ordered, or for work which is outside the limits shown or ordered. c. Weekly Quantity Review Meetings: i. Contractor’s Superintendent or other authorized representative of the Contractor shall meet with Engineer’s Resident Project Representative (RPR) to determine the quantities of unit price and/or lump sum price work accomplished and/or completed

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 2 during the period. d. The cutoff date for inclusion of quantities shall be no less than ten (10) days before the monthly construction meeting. Contractor shall prepare a monthly Partial Payment Request based on the quantities on that month’s Daily Quantities Form and submit one (1) copy to the RPR for review. After the RPR’s review, the Contractor shall submit five (5) copies of his Partial Payment Request, which will be signed by the Engineer, Contractor, Owner and any applicable funding agencies.

8. Partial Payments a. The Contractor’s payment requests will be administered in accordance with the requirements of the General Conditions and the Agreement. b. Partial payments shall be made monthly as the work progresses. All partial invoices and payments shall be subject to correction in Contractor’s Final Pay Request. c. No monthly payment may be made when, in the judgment of Engineer, Work is not in accordance with the Contract Documents, or when in his judgment, the total value of Work performed since the last payment amounts to less than $1,000. d. Contractor shall submit updated record drawings (“as-builts”) with each Partial Payment Request. e. A fully executed Contractor's and Subcontractor's Release and Waiver of Lien form(s) shall be submitted with each Partial Pay Request. f. When itemizing the value of each item of Work on the Partial Payment Request, the following Limitations shall be applied to the unit prices as bid, or to the approved schedule of value where no unit prices exist. The percentages shall be applied to the full unit price or schedule value of the item, as a whole. i. Exposed and underground piping, electrical and mechanical equipment, manholes, and all other Work which is required to be tested.

STAGE LIMITATIONS Any status: Required submittals not made or not approved by Engineer 0%

Upon completion of installation Surfaces not restored, not tested 75% Surfaces restored, not tested 85%

Upon satisfactorily passing tests Surfaces not restored 85% Surfaces restored 100%

g. Engineer may refuse to recommend approval of the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to Owner. The Engineer may also refuse to recommend approval of any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect Owner from loss because: i. Of Contractor’s failure to provide updated record drawings, ii. Work is defective, or completed work has been damaged requiring correction or replacement, iii. Claims or liens have been filed or there is reasonable cause to believe such may be

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 3 filed, iv. Contract Price has been reduced because of modifications, v. Owner has been required to correct defective work or complete the work, vi. Of unsatisfactory prosecution of the work, including failure to furnish acceptable submittals, clean up, restore surfaces or repair damage. vii. Failure of Contractor to make payments properly to subcontractors or for labor, materials or equipment.

9. Retainage a. Retainage will be withheld from the Contractor’s payment requests in accordance with the requirements of the General Conditions and the Agreement. b. Upon Substantial Completion of the work, retainage not previously released may be released to the Contractor, subject to the punch-list requirements below: i. Amounts otherwise due to the Contractor upon Substantial Completion of the work shall be reduced by an amount equal to 200% of the cost of completing non-seasonal items and 100% of seasonal items, all as estimated by the Engineer.

10. Payment for Materials Delivered a. When requested by Contractor and at the discretion of Owner, payment may be made for all or part of the value of acceptable, non-perishable materials and equipment which are to be incorporated in the work, have not been used and have been delivered to the construction site, or located in storage places acceptable to Owner. Prior to payment being made, Contractor shall submit to Engineer with the monthly payment requisition package, a completed Stored Materials Log, along with copies of supplier/manufacturer invoices as proof of the value of the material and/or equipment under consideration. Stored materials and equipment, when so paid for by Owner, shall become property of Owner, and in the event of default on the part of Contractor, Owner may use, or cause to be used, these materials and equipment in the construction of the work. Contractor shall be responsible for any damage to, or loss of, stored materials and equipment. The amount thus paid by Owner shall reduce the estimated amounts due Contractor as the material is used in the work. b. Contractor’s insurance shall cover stored materials. c. No partial payment shall be made for fuels, supplies, false work, or other materials or temporary structures of any kind which are not a permanent part of the Contract. d. Materials and equipment that may be considered for payment as stored materials are limited to high value items, not high quantity miscellaneous parts, fittings, and fasteners. The following materials and equipment that shall be considered for payment as stored materials include, but may not be limited to (at the Engineer’s discretion), the following: i. Water Main Pipe, ii. Water Main Gate Valves, iii. Tapping Sleeves, iv. Fire Hydrants, v. Stormwater Piping.

11. Final Payment a. After Work is 100% complete, Contractor shall submit a Final Pay Request to Engineer for review. After review and acceptance by Engineer, the Final Pay Request will be submitted to Owner for payment. Owner will pay the entire amount due within thirty (30) days, after deducting all previous payments and, if applicable, Owner will also deduct the following: i. Liquidated damages. ii. Charges that are specified in the General Conditions and Special Conditions.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 4 b. Contractor’s obligation to perform the work and complete the project in accordance with the Contract Documents shall be absolute. Neither approval of any progress nor final payment by Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the project by Owner nor any failure to do, nor any correction of defective work by Owner shall constitute an acceptance of work not in accordance with the Contract Documents.

12. Fixed Maximum Lump Sum Item The Owner does not guarantee that the Fixed Maximum Lump Sum Price reflects the actual value of the work involved. Such prices merely represent maximum fixed amounts which will be paid to the Contractor for the work involved. If, in the opinion of the Contractor, the Fixed Maximum Lump Sum Prices do not reflect the actual value of the work involved, lower prices may be written in the space provided in the Bid Sheets and the given Fixed Maximum Lump Sum Price for that specific item may be voided.

13. Lump Sum Items The following Bid Item descriptions are to assist bidders/contractors and are not, or intended to be, a complete list of all necessary components, quantities, etc., required to complete work in accordance with the Drawings and Specifications. Unless otherwise noted, Payment for Lump Sum Items will be based upon the percentage of the Lump Sum Item work complete to the satisfaction of the Owner at the time of the Payment Requisition.

14. Unit Price Items The following Bid Items are to be paid on a Unit Price basis according to the actual quantities installed, complete, and to the Owner’s satisfaction. The total cost for this work, based on the estimated quantities shown on the Bid Schedule, shall be included in the Bid. Actual quantities may vary. The Contractor shall include all necessary components, quantities, labor, materials, equipment, etc., required to complete work under the Contract in accordance with the Drawings and Specifications. The following Bid Item descriptions are to assist bidders/contractors and are not, or intended to be, a complete list of all necessary components, quantities, etc., required to complete work in accordance with the Drawings and Specifications.

15. Payment Item Descriptions

Item 1.0 - Mobilization The work of this Item shall include mobilization of all necessary equipment and materials; set up of the necessary storage areas, field offices and such sanitary and other temporary facilities as are required by Federal, State and local law or regulation; obtaining all required permits; and any costs associated with mobilizing to the project site.

Payment for the work of the Fixed Maximum Lump Sum Item shall be made at the Owner’s Fixed Maximum Lump Sum Price or the Contractor’s Bid Price, whichever is less, as stated in the Bid Schedule. The amount bid shall be made payable to the Contractor whenever ten percent (10%) of the work has been completed. Ten percent of the work shall be considered completed when the total of payment earned, as reflected by estimates, not including the amount bid for this Item, shall exceed ten percent of the total amount of the Bid.

If the Engineer’s Field Office is not installed, completely equipped and furnished, with all furnishings and systems operable, (including, but not limited to telephone, electricity, internet service, heating and cooling), within ten (10) days of the Notice to Proceed, the Contractor

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 5 shall forfeit five percent (5%) of the Mobilization item value, for each week beyond the allowed ten day set up period, that the Field Office is not completely ready for use. The forfeited value shall not be recoverable once the Field Office is ready.

Item 2.0 - Contract General Conditions The Lump Sum (L.S.) price shall include all work not specifically included in other items. If work is shown on the Drawings or Specified, but not included in another Unit Price or Lump Sum pay item, it shall be included in the Contract General Conditions Lump Sum pay item. This list is not intended to be all inclusive and may not include all items. Work included, but not limited to, under this pay item are:  General Conditions  Permits, Bonds, Insurance  Temporary facilities, storage, offices and utilities  Project Coordination and Administration  Protection of work  Construction layout  Traffic control (EXCEPT Uniformed Traffic Control)  Traffic control signage and barriers  Stripping, clearing, grubbing, demolition  Signs and posts  Painted and durable pavement markings and striping  Site grading and ditching  Tree and shrub removal  Landscaping, topsoil, seeding and mulching  Coordination with the Village, Town, and utility companies, including support or temporary relocation of utility and light poles, guy wires and conduits  Restoration of Surfaces

Item 3.0 - Erosion Prevention and Sediment Control The work of this Item shall include, but is not limited to, the following:  Furnishing, installing, maintaining, inspecting and record keeping of erosion prevention and sediment control measures,  Establishing and marking limits of soil disturbance, archaeological sensitive areas, topsoil stockpiles, construction staging areas, storage areas, refueling and maintenance areas,  Complying with the terms and conditions of the Vermont General Permit No. 3-9020 for Stormwater Runoff from Construction Sites,  Submitting documentation to the Owner, Engineer, and State of Vermont as required by the Contract Documents.

Payment for this Lump Sum Item will be based upon the percentage of Contract completion. Non-compliance with the terms and conditions of the Vermont General Permit shall be grounds for denial of payment under this Item.

Any fines assessed by regulatory agencies for non-compliance with the General Permit and/or State of Vermont Water Quality Standards shall be the responsibility of the Contractor.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 6 Item 4.0 - Earthwork

Item 4.1 - Rock Removal The work of this Item shall include the removal of rock as defined in the Specifications and all associated work as indicated on the Drawings and in the Specifications. Payment will be based on the cubic yards of rock removed from the project site according to the following payment limits. The depth of ledge rock excavation shall be measured from original ledge rock surface to one-foot (1') below the invert of the pipe or bottom of structure. The depth of ledge rock excavation for road subgrade shall be measured from original rock surface to the proposed road subgrade (depth of rock shattering below subgrade, as required by the specification, is not included in the measurement depth.) The measured area of excavation shall be as follows:  For structures: no more than the outside dimension plus 2 feet,  For pipe trench width: three feet or two feet plus the nominal pipe diameter, whichever is greater.  For road subgrade: plan area measured at subgrade.

The Contractor and the Engineer shall agree on the method of measurement prior to blasting or removal of material. The Engineer shall be present during rock removal operations and quantities agreed upon with the Contractor at that time.

The work of this item shall include, but is not limited to, the cost of the pre-blast survey, rock removal, transportation and disposal of rock. The unit price for rock removal shall include refilling the excavation with appropriate select backfill material.

Item 4.2 - Crushed Gravel Road and Driveway Restoration The work of this item shall include the furnishing and installing of Surface Coarse Gravel Base and Bank Run Gravel Subbase of Crushed Gravel Road and Driveway Restoration only as necessary to obtain the proposed cross section and longitudinal profile, and all associated work as indicated on the Drawings and in the Specifications. This item is not intended for any use other than crushed gravel road and driveway restoration. All bedding and envelope, backfill, base, subbase, fill and embankment shall be paid as a component of the unit price of other work items. The work for this item includes, but is not limited to, the following: $ Associated earthwork, as previously described, $ Furnishing, handling, transporting and placing necessary materials, $ Adding or removing moisture, $ Furnishing, handling, transporting and placing necessary materials, $ Shaping, grading, placing and compacting the designated materials, $ Furnishing all labor, tools, equipment and incidentals necessary to complete the work.

Payment will be based upon the actual number of square yards of Crushed Gravel Road and Driveway Restoration incorporated in the completed work. The quantity of Crushed Gravel Road and Driveway Restoration to be measured for payment will be the actual number of square yards of Crushed Gravel Road and Driveway Restoration, less than or equal to the limits shown on the Drawings and specified, constructed to the depth specified, necessary to obtain the lines and grades shown on the profiles and cross sections.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 7 Item 4.3 - Light Rip-Rap The work for this item includes the furnishing and installation of Rip-Rap and all associated work as indicated in the Ditchline Detail and on the Drawings. Payment will be based upon the actual square yards of each type of Rip-Rap installed, incorporated in the completed work. Associated excavation, disposal of excess material, and surface restoration shall be paid for under this payment item.

Item 4.4 - Additional Excavation Below Subgrade The work of this Item shall include the excavation, hauling and disposing of material below the subgrade of structures or pipes, as directed by the Engineer. Subgrade is defined as the limit one foot below the bottom of a structure or pipe. The intent of this item is only for additional excavation below bedding or base material, in areas of unsuitable subgrade, as determined by the Engineer. Payment will be based on the cubic yards of material removed from the excavation as measured in place.

Item 4.5 - Additional Bedding Materials Below Subgrade The work of this Item shall include the furnishing and installing of additional bedding materials below the subgrade of structures or pipes, as directed by the Engineer. Subgrade is defined as the limit one foot below the bottom of a structure or pipe. The intent of this item is only for additional bedding material, in areas of unsuitable subgrade, as determined by the Engineer. Payment will be based on the actual number of cubic yards of specified bedding materials installed.

Item 4.5.1 - Additional 3/4-inch Crushed Stone Bedding Below Subgrade Item 4.5.2 - Additional Bank Run Sand Bedding Below Subgrade

Item 4.6 - Miscellaneous Excavation and Backfill The work of this Item shall include the excavation and backfilling (with excavated material) of exploratory test pits, or other excavation, as directed by the Engineer. Payment will be based on the actual number of cubic yards of excavation directed by the Engineer.

Item 4.7 - Replacement Trench Backfill The work of this Item shall include the furnishing (from an independent source), transporting, and installing of replacement trench backfill, meeting the requirements of Specification 02300 Section 2.05, only when directed by the Engineer. The intent of this item is only for replacement trench backfill, in areas where excavated on-site materials are unsuitable for trench backfill, and excess, stockpiled, acceptable native material is unavailable, as determined by the Engineer.

Payment will be based on the actual number of cubic yards of specified replacement trench backfill purchased and installed, according to the following payment limits. The depth of replacement trench backfill shall be measured from the top of the initial pipe backfill/envelope to the bottom of the subbase. The measured area of excavation for pipe trench width shall be three feet or two feet plus the nominal pipe diameter, whichever is greater.

Item 4.8 - Cut and Cap Abandoned Pipe The work of this Item includes the furnishing and placement of ductile iron caps on abandoned water mains, as indicated on the Drawings, or directed by the Engineer.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 8 The work for this Item includes, but is not limited to:  Excavation and backfill  Associated Earthwork  Cap (as sized for pipe) Payment will be based upon the actual number of installations completed and incorporated into the work.

Item 5.0 - Bituminous Concrete Pavement including Gravel Base and Gravel Subbase The work of this Item shall include the furnishing and installation of bituminous concrete pavement and gravel base and subbase and all associated work as indicated on the Drawings and in the Specifications. The work for this Item includes, but is not limited to, the following:  Removal and disposal of existing bituminous concrete pavement,  Excavation and backfill,  Associated earthwork, as previously described,  Furnishing, handling, transporting and placing necessary materials,  Adding or removing moisture,  Shaping, grading, placing and compacting the designated materials,  Furnishing all labor, tools, equipment and incidentals necessary to complete the work,  Saw cutting,  Emulsion at all joints,  Gravel base and gravel subbase,  Installation, maintaining and removal of temporary trench gravel Base,  Maintaining dust control of temporary trench gravel Base,  Shoulder gravel,  Subgrade Stabilization Fabric,  Furnishing and installing of permanent bituminous concrete pavement,  Restoration of surfaces,  Pavement markings and striping.  Infra-red method of placing/sealing pavement patch,  Furnishing, installing and removal of temporary patch pavement, per Special Conditions.

Payment will be based on the actual square yardage of permanent bituminous concrete pavement installed, less than or equal to the payment limits (maximum width of eight feet (8’) multiplied by the length), to the depth indicated, incorporated in the completed work. The Contractor understands that the actual width of disturbed pavement may be greater than the payment limit due to subsurface or existing pavement conditions, or other factors, and shall include such consideration in this unit price. The Engineer shall be present during all paving operations and quantities agreed upon with the Contractor at that time.

Item 5.1 - Bituminous Concrete Pavement, Trench Patch Item 5.2 - Bituminous Concrete Pavement, Full Width Road Paving

Item 6.0 - Concrete Sidewalk and Curb The unit price for this Item shall include the installation of curb or sidewalk and all associated work as indicated on the Drawings and in the Specifications. The work for this Item includes, but is not limited to, the following: $ Removal and disposal of existing curb or sidewalk within project payment limits, $ Saw cutting, adjusting and fitting to existing facilities, $ Excavation and backfill,

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 9 $ Gravel base and subbase, $ Associated earthwork, as previously described, $ Furnishing and installing of curb or sidewalk, $ Furnishing and installing of ADA compliant concrete ramps, $ Furnishing and installing detectable warning surface (truncated domes), $ Restoration of surfaces.

Item 6.1 - Concrete Sidewalk Payment will be based upon the actual square footage of concrete sidewalk incorporated in the completed work.

Item 6.2 - Concrete Curb Payment will be based upon the actual lineal footage of concrete curb incorporated in the completed work.

Item 7.0 - Water Mains The work of this item shall include the installation of water mains and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following:  Excavation and backfill,  Associated earthwork, as previously described,  Furnishing and installing of pipe and appurtenances,  Connections and modifications to new and existing facilities,  Abandonment and/or removal of appropriate existing facilities,  Testing of the pipe and appurtenances,  Disinfection and flushing,  Bacteriological testing,  Restoration of surfaces.

Payment will be based upon the actual number of lineal feet of each size and type of pipe, measured along the centerline of the pipe, incorporated in the completed work.

Item 7.1 - 8-inch CL 52 Ductile Iron Water Main Item 7.2 - 6-inch CL 52 Ductile Iron Water Main Item 7.3 - 4-inch CL 52 Ductile Iron Water Main Item 7.4 - 6-inch HDPE DR-9 Directionally Drilled Water Main

Item 7.5 - Connection to Existing Water Main Work under this Item includes all materials, equipment and labor to interconnect new and existing water mains where a tapping sleeve valve is not used. Work includes cutting of pipe, tee, solid sleeve, excavation, backfill and all other associated work. Payment will be made for each completed connection incorporated into the work.

Item 8.0 - Water Gate Valves The work of this item shall include the installation of water gate valves, boxes and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following: $ Excavation and backfill, $ Associated earthwork, as previously described,

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 10 $ Furnishing and installing of gate valves and appurtenances, $ Furnishing and installing mechanical thrust restraints at the gate valve joints, $ Connections and modifications to new and existing facilities, $ Testing, $ Disinfection and flushing, $ Bacteriological testing, $ Restoration of surfaces.

Payment will be based upon the actual number of each size and type of gate valve, incorporated in the completed work.

Item 8.1 - 8-inch Gate Valves Item 8.2 - 6-inch Gate Valves Item 8.3 - 4-inch Gate Valves

Item 9.0 - Tapping Sleeve and Gate Valve Assembly The work of this item shall include the installation of tapping sleeve and gate valve assemblies and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following: $ Excavation and backfill, $ Associated earthwork, as previously described, $ Furnishing and installing of tapping sleeve, tapping gate valve and appurtenances, $ Furnishing and installing mechanical joint thrust restraints at the tapping gate valve assembly joints, $ Connections and modifications to new and existing facilities, $ Testing, $ Restoration of surfaces.

Payment will be based upon the actual number of each size and type of tapping sleeve and tapping gate valve assemblies, incorporated in the completed work.

Item 9.1 - 8-inch by 8-inch Tapping Sleeve and Gate Valve

Item 10.0 - Ductile Iron Fittings The work of this item shall include the installation of ductile iron fittings, mechanical joint thrust restraints, bolts, polyethylene wrap and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following: $ Excavation and backfill, $ Associated earthwork, as previously described, $ Furnishing and installing of fittings and appurtenances, $ Furnishing and installing mechanical joint thrust restraints at the fitting joints, $ Connections and modifications to new and existing facilities, $ Testing, $ Restoration of surfaces.

Item 10.1 - D.I. M.J. Water Main Fittings Payment will be based upon the actual total pounds of fittings incorporated in the completed work. Measurement of the weight of the fitting, including cement lining,

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 11 shall be based on weight for each specific fitting published by the Ductile Iron Pipe Research Association. Mechanical joint thrust restraints, glands, gaskets, nuts and bolts shall not be included in the measurement of fitting weight.

Item 11.0 - Hydrant Assembly The work of this item shall include the installation of hydrant assemblies and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following: $ Excavation and backfill, $ Associated earthwork, as previously described, $ Furnishing and installing of hydrants and appurtenances, $ Furnishing and installing mechanical joint thrust restraints at the hydrant assembly joints, $ Connections and modifications to new and existing facilities, $ Hydrant isolation gate valve, $ Hydrant tee, $ Hydrant branch pipe (from tee to hydrant, 10 feet maximum), $ Testing, $ Disinfection and flushing, $ Bacteriological testing, $ Restoration of surfaces.

Payment will be based upon the actual number of each fire hydrant assembly, incorporated in the completed work.

Item 11.1 - Fire Hydrant Assembly Item 11.2 - 2-Nozzle Fire Hydrant Assembly

Item 11.3 - Fire Hydrant Extensions Payment will be based upon the actual number of vertical linear feet of hydrant extensions incorporated in the completed work.

Hydrant extensions shall only be paid for when the depth of the water main is required to be deeper than normal, requiring a taller hydrant than that shown on the standard detail, when specifically ordered by the Engineer.

Item 11.4 - Flushing Hydrant Assembly Payment will be based upon the actual number of each flushing hydrant assembly, incorporated in the completed work.

Item 11.5 - Removal of Existing Hydrant Payment will be made based upon the actual number of hydrant assemblies removed in the completed work.

Item 12.0 - Water Services The work of this item shall include the installation of water services and all associated work as indicated on the Drawings and in the Specifications. The work for this item includes, but is not limited to, the following: $ Excavation and backfill,

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 12 $ Associated earthwork, as previously described, $ Furnishing and installing of pipe and fittings, and appurtenances, $ Connections and modifications to new and existing facilities, $ Testing of the pipe, $ Disinfection and flushing, $ Bacteriological testing, $ Restoration of surfaces.

Item 12.1 - 1-inch Copper Water Service Piping Payment will be based upon the actual number of lineal feet of 1-inch copper water service piping, measured along the centerline of the pipe, incorporated in the completed work.

Item 12.2 - 1-inch Corporation Stops Payment will be based upon the actual number of 1-inch corporations stops incorporated in the completed work.

Item 12.3 - 1-inch Curb Stops Payment will be based upon the actual number of 1-inch curb stop, box and operating rod assemblies incorporated in the completed work.

Item 12.4 - 1-inch HDPE DR-9 Water Service Piping Payment will be based upon the actual number of lineal feet of 1-inch HDPE DR-9 water service piping, measured along the centerline of the pipe, incorporated in the completed work.

Item 12.5 - 1½-inch Copper Water Service Piping Payment will be based upon the actual number of lineal feet of 1½-inch copper water service piping, measured along the centerline of the pipe, incorporated in the completed work.

Item 12.6 - 1½-inch Corporation Stops Payment will be based upon the actual number of 1½-inch corporations stops incorporated in the completed work.

Item 12.7 - 1½-inch Curb Stops Payment will be based upon the actual number of 1½-inch curb stop, box and operating rod assemblies incorporated in the completed work.

Item 12.8 - 1½-inch HDPE DR-9 Water Service Piping Payment will be based upon the actual number of lineal feet of 1½-inch HDPE DR-9 water service piping, measured along the centerline of the pipe, incorporated in the completed work.

Item 13.0 - Thrust Blocks The unit price for this item includes the furnishing and installation of concrete thrust blocks and all associated work as indicated on the Drawings and in the Specifications.

Item 13.1 - Cast-in-place Concrete Thrust Blocks

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 13 Payment will be based upon the actual cubic yards of concrete, limited to the volume required in the detail, incorporated in the completed work.

Item 14.0 - Pipe Joint Thrust Restraint The unit price for this item includes the furnishing and installation of thrust restraint at pipe joints, of the appropriate size and type, for the required number of pipe joints back from each fitting, as required by the Drawings, details and in the Specifications. This item does not include joint restraints at hydrant assemblies, gate valves, butterfly valves or fittings, which are included with those items. This item does not include joint restraints at restrained joint pipe at pipe-in-casing railway, highway or roadway crossings, which are included with those items.

Item 14.1 - Pipe Joint Thrust Restraint Payment will be based upon the actual number of pipe joints that thrust restraints are required for, incorporated in the completed work.

Item 15.0 - Pipe Insulation The work of this Item shall include the furnishing and installation of pipe insulation and appurtenances, of each size and type, and all associated work as shown on the Drawings and in the Specifications, or as directed by the Engineer.

Item 15.1 - Buried Rigid Insulation Board Payment will be based on the actual square footage of buried, 2-inch thick, rigid insulation board installed and incorporated in the completed work.

Item 16.0 - Contaminated Earthwork The Work of these Items shall include, but is not limited to work associated with the presence of Contaminated Soils. Prices for work related to contaminated earthwork shall be used, if conditions necessitate. Upon recognition/identification of the contaminated soils, the Contractor shall cease activities in the area and move operations to an unaffected portion of the project. Work in the contaminated area will not continue until measures indicated in the Specification are implemented. Delays claims will not be considered. The associated work for these Items shall include but is not limited to the following:  All costs associated with the temporary relocation or suspension of work in the immediate vicinity of contaminated soils, including the relocation of resources to an alternate location on the project site  All costs related to Contractor's use of environmental and/or safety consultants for work within contaminated soils shall be included within these items.  All necessary costs for work in contaminated soils.  All necessary costs for handling of contaminated groundwater.  All costs associated with delays or loss of efficiency of the crew, reduced production rates associated with the screening of contaminated soil and groundwater by the environmental/safety consultant.  All costs for the handling, stockpiling, sorting, loading, disposal, and replacement of contaminated soils, as directed by the environmental and/or safety consultant.  All costs of providing trained personnel and protective equipment necessary for the site conditions.

These Pay Items shall be full and total payment for work in contaminated soils and groundwater.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 14

Item 16.1 - Initial Site Assessment by Environmental Consultant The Work of this Item shall include all work, equipment, and expenses associated with the initial site visit by the Environmental Consultant to assess the presence of Contaminated Soils within the zone of excavation and provide documentation on type and levels of contamination to the Owner and the Engineer. All work by the Environmental Consultant completed after the Initial Site Assessment and confirmation of Contaminated Soils shall be completed and paid for under other Pay Items.

Payment shall be based on the actual number of hours the Environmental Consultant is actively working within the zone of contamination during the Initial Site Assessment Phase.

Item 16.2 - Environmental Documentation The Work of this Item shall include the hiring of a Safety and Environmental Consultant to prepare the project specific Environmental Documentation necessary for work within areas containing Contaminated Soils and Groundwater.

Item 16.2.1 - Health and Safety Plan Prepare a project specific Health and Safety Plan consistent with the requirements of applicable OSHA and other job site safety regulations. Payment for this Lump Sum Item shall be for the complete Health and Safety Plan for each distinct area of contamination. Implementation and monitoring of the Health and Safety Plan shall be paid for under other Pay Items.

Item 16.2.2 - Management Plan Prepare a Management Plan summarizing site conditions and providing guidance on measures to be taken for the handling and/or disposal of Contaminated Soils and Groundwater. Payment for this Lump Sum Item shall be for a complete and approved Management Plan for each distinct area of contamination. Implementation and monitoring of the Management Plan shall be paid for under other Pay Items.

Item 16.2.3 - End of Work Summary Documentation Prepare and submit all closure documents and reports required by State and Federal law and provide copies to the Owner and Engineer. Payment for this Lump Sum Item shall be for an End of Work Summary for each distinct area of contamination, complete and to the satisfaction of the Owner.

Item 16.2.4 - Petroleum Cleanup Fund Reimbursement Documentation Provide all applicable documentation to the Owner, as necessary for reimbursement requests to the State of Vermont Petroleum Cleanup Fund (PCF). Payment for this Lump Sum Item shall be for Reimbursement Documentation for the contaminated project area, complete and to the satisfaction of the Owner.

Item 16.3 - Contaminated Earthwork General Conditions The Work of this Item shall include, but is not limited to, all work associated with

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 15 Contaminated Earthwork not specifically included in other items. If work is shown on the Drawings or Specified, but not included in another Unit Price or Lump Sum Pay Item, it shall be included in this Contaminated Earthwork General Conditions Unit Cost Pay Item. This list is not intended to be all inclusive and may not include all items. Work included, but not limited to, under this Pay Item are:  Provide equipment and personnel necessary to assess the level of contamination encountered in the excavation and determine the category of personal protective equipment protection (PPE) necessary for the site conditions in accordance with OSHA and other safety regulations,  Monitoring of air quality within active work zones as required by job-site safety standards,  Oversee of the Contractor’s operations while Contractor is working in contaminated areas,  Perform all necessary administrative and record keeping requirements in accordance with applicable OSHA and other job site safety regulations,  Screen excavated soil for volatile organic compounds concentrations,  Related Earthwork, including: . Screening of excavated soil for volatile organic compounds concentrations, . Monitoring of air quality within the worker’s breathing zone, . Handling of water, . Sheeting and bracing, . Site grading and restoration of surfaces, and . Erosion control measures.  Handle contaminated water encountered during contaminated soil removal for treatment,  Handle and remove all free product from the excavation, including liquid and sludge,  Handle and dispose all liquid and sludge in accordance with State and Federal Laws, including all fees and transportation costs,

Work under this Pay Item shall commence upon completion of the Management Plan, and its submission and approval by the State of Vermont.

Payment shall be based on the actual number of days the Contractor is actively working within the zone of contamination or prorated portions thereof, based on a ten hour work day.

Item 16.4 - Excavating and Handling for Offsite Disposal of Contaminated Soil The Work of this Item shall include all work, materials and expenses necessary to excavate, handle, remove from the project site, treat, and dispose of Contaminated Soil, including, but not limited to, the following: $ Excavation and handling of contaminated soils, $ Segregation of uncontaminated soils from contaminated soils, $ Remove contaminated soils, from the project site, to the satisfaction of the State of Vermont Department of Environmental Conservation, Sites Management Section. $ Loading of contaminated soils into trucks, transport and disposal at preapproved disposal location,

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 16 $ All disposal tipping fees charged by the disposal location operator, $ This Item does not include work and materials otherwise paid for under other Pay Items.

Payment will be based on the actual number of tons of soils identified and documented as contaminated by the Environmental Consultant and delivered to the approved disposal locations. The total number of tons of Contaminated Soils designated for Off-site Disposal shall be based upon receipts from the Disposal Locations. Contaminated Soils excavated from outside the following payment limits shall not be paid for under this Pay Item. Pay Limits: The length of the contamination in the pipe trench by the height of the contaminated soil in the pipe trench by a maximum pipe trench width of 6-feet. Item 16.4.1 - Offsite Disposal of Contaminated Soils - Certified Land Fill Item 16.4.2 - Offsite Disposal of Contaminated Soils - Thermal Treatment

Item 16.5 - Material Substitutions and Additional Requirements The Work of this Item shall include the materials substitutions and additional material requirements necessary to work in Contaminated Soils:

Item 16.5.1 - Substitute Gaskets Furnish and install fluoroelastomer gaskets at all pipe and fitting joints, of the appropriate diameter, within the area(s) of contamination, in lieu of regular gaskets. Payment shall be based upon the actual number of gaskets of the appropriate diameter substituted and incorporated in the completed work.

Item 16.5.2 - Bentonite Trench Plugs Furnish and install bentonite trench plugs at each end of the limits of each area of contaminated earthwork. Payment shall be based upon the actual number of bentonite trench plugs installed and incorporated in the completed work.

Item 17.0 - Culvert Replacement The work of this Item shall include, but is not limited to, all materials, equipment and labor to remove and replace culverts, as shown on the Drawings.

Item 17.1 - Remove and Replace Existing Culvert, 18” CMP

Payment will be based on the actual number of lineal feet of culvert incorporated in the work.

Item 18.0 - Water Service Plumbing Work

Item 18.1 - Final Plumbing Connections; Foundation to Interior Plumbing The work under this Item includes all labor, materials, and equipment to extend new water service piping, from the foundation exterior, through the foundation (including penetration), to a connection with the existing main interior water service piping, exclusive of water meter assembly and bypassing any existing point-of-entry (POET) treatment system.

Payment will be based on each completed connection.

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 17

Item 18.2 - Abandonment of Contaminated Wells The work under this Item includes all labor, materials, and equipment associated with abandoning private water supply wells on properties which connect to the municipal water system, in accordance with the Contract Documents.

Payment will be based on each completed abandoned well.

Item 18.3 - Residential Water Meter Assemblies The work under this Item includes all labor, materials, and equipment to install a complete water meter assembly, including appurtenances, in accordance with the Contract Documents.

Payment will be based on each completed installation. Item 18.4 - Removal and Disposal of POET System The work under this Item includes all labor, materials, and equipment to disassemble and completely remove existing POET equipment, previously installed for PFOA removal, in accordance with the Contract Documents, the National Electric Code, the National Plumbing Code, and related regulations. Work includes transport of removed POET equipment to a central storage location within the Town of Bennington.

Payment shall be made based on each complete POET system removed and transported to the storage location.

Item 19.0 - Temporary Water Service This item includes all labor, materials and equipment necessary to install sufficiently sized, temporary, at grade, CL200 polyethylene water pipe to hose bibs or other service connections, to bypass construction areas where existing piping will be damaged or removed. The work for this Item includes, but is not limited to, the following: $ Associated earthwork, as previously described, $ Notification of landowners, $ Materials, fittings, valves, pressure reducing valves, $ Services and connections to buildings, $ Burial at driveways, walks, etc., $ Disinfection, flushing, bacteriological testing, $ Removal, clean-up and site restoration.

Payment will be based upon the length, measured along the centerline of the proposed water main in the bypassed area, incorporated in the completed work.

Item 20.0 - Miscellaneous Pipe Crew Work The work of this item includes all labor and equipment customary to a full pipe crew, to perform water main repair work, or other activities as directed by the Engineer, at selected locations of the existing water distribution system, where indicated and directed by the Owner. Labor and equipment shall include excavator, dump truck, loader, pickup(s), trench box, foreman, operators, laborers, necessary small tools (saws, compactor, compressor, etc.) and all necessary safety equipment. Materials shall include crushed stone bedding. Pipe and repair materials shall be provided by the Owner.

Payment will be based upon the actual number of hours worked on the water main repair

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 18 work at selected locations of the existing water distribution system, where indicated and directed by the Owner, incorporated in the completed work. Hours worked shall include mobilization to the work site.

Item 21.0 - Uniformed Traffic Control This item includes all labor, materials and equipment necessary for providing Uniformed Traffic Control Officers, with vehicle, when specifically required by the Owner, or local or state traffic authorities. The Engineer’s pre-approval is required for use of this item or any portion thereof. “Uniformed Traffic Control Officers” mean law enforcement officers with arrest authority, and utilizing labeled vehicles with “blue lights.” If the Contractor chooses to utilize Unformed Traffic Control Officers without being required to do so by the Owner, or local or state traffic authorities, the Contractor will not be paid for this quantity of the item. This item does not include certified flaggers. The work for this Item includes, but is not limited to, the following:

$ Salaries, overtime, indirect, direct and operating expenses of Uniformed Officers, $ Vehicle costs, $ Signage and warning devices,

Payment will be based upon the actual approved number of hours the Uniformed Officers are on site directing traffic, based on invoices from the department indicating the number of hours.

END OF MEASUREMENT AND PAYMENT

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 19 THIS PAGE BLANK

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD5 - 20 SPECIAL CONDITIONS

1. Permits - The following permits, applied for by the OWNER, apply to the performance of the work under this CONTRACT:

a. Work in the Public Right of Way - To be obtained by the CONTRACTOR from the Town and Village Zoning Administrator. b. Drinking Water and Groundwater Protection Division - Permit to Construct c. NPDES Stormwater Construction General Permit, Vermont Agency of Natural Resources d. Stream Alteration Permit, Vermont Agency of Natural Resources e. Vermont Agency of Natural Resources - Individual Wetlands Permit

2. Disposal of Surplus Soil - All excess soil from trench excavation shall be disposed of at a site designated by the State of Vermont Department of Environmental Conservation. For the purpose of preparing a Construction Bid, it should be assumed the disposal site will be within an average one-way travel distance of 8 miles of the project site.

3. Right-of-Way Information - The Right-of-Way and Property line information indicated on the plans are approximate only. Necessary Easements have been secured from adjacent properties by the OWNER.

4. Maintenance of the Work Area - The Project Work Area is integral to the on-going function of the Village and Town. A neat and clean work area is critical to public safety and public health. The CONTRACTOR shall maintain the work areas in a neat, orderly, and safe condition.

5. Traffic - The CONTRACTOR acknowledges that the work areas are in areas which require both pedestrian and vehicular traffic. Temporary road closures shall only be allowed with Village or Town approval.

6. Document Conflicts - In the event of a conflict between the terms of the General Conditions, Supplementary General Conditions, Special Conditions and any other CONTRACT DOCUMENT, the terms of the Special Conditions shall prevail, followed by the terms of the Supplementary General Conditions, and then the General Conditions. All the provisions, terms, and covenants and conditions of the Contract shall be interpreted according to the laws of the State of Vermont.

7. Interior Plumbing - Where required, interior water and wastewater plumbing rerouting shall be completed by a Vermont Licensed Master Plumber.

8. Electrical Work - Where required, all electrical work shall be completed by a Vermont Licensed Master Electrician.

9. Unauthorized Bypassing Prohibited a. All CONTRACTORS and SUBCONTRACTORS shall be prohibited from bypassing wastewater facilities and to provide information regarding reporting unavoidable Emergency Bypasses. This notice is for protection of public health and water quality. b. The Contractor is not authorized to initiate any bypassing of wastewater facilities whether or not under construction or rehabilitation. Any Owner authorized bypass within the system is depicted on the DRAWINGS or in the CONTRACT DOCUMENTS. c. If a bypass not authorized occurs under an unavoidable emergency situation, the CONTRACTOR is required to immediately notify the OWNER giving the details of the occurrence. The OWNER is required by State Law to notify the Wastewater Management

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD6 - 1 Division (802) 241-3822 of the Vermont Department of Environmental Conservation. The OWNER must within 24 hours of the emergency discharge, report the details of the occurrence giving the specific reason for the emergency bypass, duration of bypass and any known impact of the activity. d. If the OWNER, upon receipt of a written request from the CONTRACTOR, is asked to consider bypassing of the system or components of treatment and such bypass will result in discharges with treatment levels less than those allowed in the NPDES Permit, the CONTRACTOR acknowledges that the OWNER is required to file a request for State of Vermont review and receive a response from the State. If approvable, the State Permits and Compliance Division shall issue an Emergency Pollution Permit. e. Report all unavoidable Emergency bypasses to: i. OWNER and ii. ENGINEER and iii. State of Vermont Department of Environmental Conservation (Report in order as follows) (1) Wastewater Management Division, O&M Section: 241-3822 (2) Public Facilities Division, Construction Section: 241-3737

10. Contaminated Earthwork - In the event that contaminated soils are encountered, mitigation shall be paid for under appropriate Payment Items included in the Bid Schedule and the Measurement and Payment Sections of the Contract Documents. Soils containing PFOA compounds are not considered contaminated for the purposes of these provisions.

11. Hazardous Material a. If at any time during construction, the presence of unanticipated hazardous materials at or proximate to a construction site is detected, the contractor shall cease work in the affected area and perform the following immediately: i. Notify the OWNER verbally and in writing. The OWNER is responsible for notification of the Hazardous Wastes Management Division of the Agency of Natural Resources. THE HAZARDOUS MATERIALS SPILLS AND EMERGENCY REPORTING PHONE NUMBER IS 1-800-641-5005. ii. Take all action necessary and appropriate for the protection and safety of the public and persons at or about the site, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. b. Actions at the construction site following completion of these steps shall be at the direction of the Hazardous Waste Management Division. Nothing in this Article shall be construed to require the ENGINEER and/or the CONTRACTOR to perform work for which adequate compensation has not been contracted for other than to insure that basic measures necessary to protect the health and welfare of workers, residents and abutters are immediately adopted. c. At construction sites where the presence of contaminated or hazardous materials are suspected to exist and provisions have been made in the Contract Documents for their management, the requirements in the Contract Documents will determine the appropriate actions of the CONTRACTOR. In any event, discovery of contaminated soils require the immediate notification of the OWNER. If sites other than the suspected areas previously delineated in the Contract Documents are discovered, Item a. above, shall apply.

12. Historic Preservation a. If at any time during construction, the presence of unanticipated historic and archeological resources are detected at or proximate to a construction site, the CONTRACTOR shall cease work in the affected area and perform the following immediately:

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. Page CD6 - 2 i. Notify the OWNER verbally and in writing. The OWNER is responsible for notification of the Agency of Natural Resources. THE REPORTING PHONE NUMBER IS 1-802-828-3050 (land) or 1-802-477-2517 (cell). ii. Take all action necessary and appropriate for the protection and safety of the public and the site. b. Actions at the construction site following completion of these steps shall be at the direction of the Historic Preservation Division. Nothing in this Article shall be construed to require the ENGINEER and/or the CONTRACTOR to perform work for which adequate compensation has not been contracted for other than to insure that basic measures necessary to protect the safety and welfare of the workers and the site.

13. Coordination With Owner - The CONTRACTOR shall not interrupt the normal operation of the existing North Bennington Water System, utilities or roads without notification to, or approval of, the Village of North Bennington and the Town of Bennington. CONTRACTOR’S coordination and cooperation with the Village of North Bennington and the Town of Bennington is a requirement of this Project. Construction at/near existing water mains or other utilities shall be completed with maximum care. Reference drawings for additional coordination instructions.

14. Coordination with Water System - CONTRACTOR shall not make connections to existing water mains or operate valves, or otherwise interfere with the operation of the existing water distribution system, without first giving forty-eight (48) hour notice and receiving approval from the ENGINEER and the OWNER. CONTRACTOR shall also notify all other utility companies, having facilities which are subject to interference, in writing, 48 hours in advance of the time he/she proposes to perform Work in the area in order that they may take such precautions as are necessary to protect their property.

15. Winter Shutdown - The Contractor may request suspension of the Work for a period of not more than one hundred and eighty days if physical conditions exist which prohibit the Work from being performed. Acceptance of the Contractor’s request is at the sole discretion of the Owner, based on the Owner’s opinion that there have been extenuating or unusual circumstances that justify a suspension of work. Unless specifically stated elsewhere, the Contractor shall not assume that a “winter shutdown” will be granted. The Contract time assumes continuous work without a “winter shutdown”. If suspension of Work is approved by Owner, no work shall be performed during this suspension by the Contractor or sub-contractors. If the Contractor or sub-contractors perform any work during the suspension, the applicable number of days will be subtracted from the remaining available Contract time. No increase in the contract price or extension of contract time will be allowed due to Contractor requested suspension of Work. Contractor shall make request in writing to the Owner and Engineer at least ten (10) days prior to the date requested for suspension of Work. If approved, the accumulation of contract days shall freeze on the approved suspension date and resume as stated in the Change Order issued for the suspension.

END OF SPECIAL CONDITIONS

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PERMITS THIS PAGE BLANK Vermont Department of Environmental Conservation Agency of Natural Resources Watershed Management Division [phone] 802-828-1535 Main Building, Second Floor One National Life Drive Montpelier, VT 05620-3522

6/29/2017

Dear Permittee(s),

The Notice of Intent for the discharge of stormwater runoff from Low Risk Construction Activity under Construction General Permit (CGP) 3-9020 (Amended 2008) has been authorized. Attached are the documents that you will need to maintain compliance with this authorization.

1. Authorization to Discharge under General Permit 3-9020 The authorization for Low Risk Projects is valid for two years from the date of the authorization. If the project will proceed past the expiration date, you must reapply for coverage under this or another construction stormwater permit before that time.

2. Notice of Authorization for Posting The Notice of Authorization, which details the authorization and conditions you selected in completing Appendix A to the CGP, must be posted in a location visible to the public in accordance with Subpart 4.5.C of the CGP. In accordance with subpart 5.1 of the CGP.

3. Notice of Addition of Co-Permittee This form must be submitted for every new landowner or principal operator who joins the project, in accordance with Subpart 7.2 of the CGP.

Low Risk Site Handbook for Erosion Prevention and Sediment Control Please provide the Principal Operator access to the Low Risk Site Handbook. This handbook details the practices that must be implemented throughout the construction project to prevent erosion and the discharge of sediment from the construction site. Some practices must be in place before construction begins, so please review the entire handbook before starting the project. The handbook can be found at the website below. Please email [email protected] to request a hard copy of this pocket-sized handbook.

http://dec.vermont.gov/sites/dec/files/wsm/stormwater/docs/StormwaterConstructionDischargePermits/sw_low_risk_site_handbook.pdf

The CGP, copies of pertinent forms, and an electronic version of the Low Risk Site Handbook for Erosion Prevention and Sediment Control are available on the stormwater website at: http://dec.vermont.gov/watershed/stormwater/permit-information-applications- fees/stormwater-construction-discharge-permits. If you have any questions related to your authorization, please contact the appropriate analyst in the Stormwater District where your project is located. http://dec.vermont.gov/watershed/stormwater/contacts

Sincerely,

Stormwater Management Program

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Permit Number: 7796-9020

VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION AUTHORIZATION TO DISCHARGE UNDER GENERAL PERMIT 3-9020

A determination has been made that the applicant(s) (here in after "permittee"):

Village of North Bennington Water Department P.O. Box 375 North Bennington, VT 05257

meets the criteria necessary for inclusion under General Permit 3-9020 for low risk construction activities. Subject to the conditions and eligibility provisions of General Permit 3-9020, the permittee is authorized to discharge stormwater to the Walloomsac River from the following construction activities: water main extensions along Town and Village highways. The project is located at Park, Hillside, and Royal Streets; Harrington, River, Murphy, and Ore Bed Roads in Bennington, Vermont.

1. Effective Date and Expiration Date of this Authorization: This authorization to discharge shall become effective on 6/29/2017 and shall continue until 6/29/2019. The permittee shall reapply for coverage at least 60 days prior to expiration if the project has not achieved final stabilization or if construction activities are expected after the date of expiration.

2. Compliance with General Permit 3-9020 and this Authorization: The permittee shall comply with this authorization and all the terms, conditions and eligibility provisions of General Permit 3-9020. The completed Notice of Intent (NOI) and Appendix A submitted for this project are incorporated by reference into this authorization and are included in the terms of this authorization. These terms include:

 Implementation of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.  All areas of disturbance must have temporary or final stabilization within 7 days of the initial disturbance. After this time, all disturbed soil must be stabilized at the end of each work day. Between October 15 and April 15 all disturbed soil must be stabilized at the end of each work day. The following exceptions apply: – Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. – Stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches).  The total authorized disturbance is 4.54 acre(s).  No more than 2 acres of land may be disturbed at any one time.  Inspections shall be conducted at least once every (7) calendar days and within twenty-four (24) hours of the end of a storm event resulting in discharge of Stormwater from construction site.  If there is a discharge of visibly discolored stormwater from the construction site or from the construction site to waters of the State, the permittee shall take immediate corrective action.  If, after completing corrective action, there continues to be a discharge of sediment from the construction site to waters of the State, the permittee shall notify DEC by submitting a report within 72 hours of the discharge. 3. Transferability and Addition of Co-Permittee: This authorization to discharge is not transferable to any person, nor may any person be added as a permittee, except in compliance with the General Permit 3-9020 including submission of a complete Notice of Transfer or Notice of Addition of Co-Permittee form.

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4. Renewable Energy Projects – Right to Appeal to Public Service Board: Any appeal of this decision must be filed with the clerk of the Vermont Public Service Board pursuant to 10 V.S.A. §8506 within 30 days of the date of this decision. The appellant must file with the Clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. §8504(c)(2), and shall also serve a copy of the Notice of Appeal on the Vermont Department of Public Service. For information, see the Rules and General orders of the Public Service Board available on line at www.psb.vermont.gov. The address for the Public Service Board is 112 State Street Montpelier, Vermont 05620-2701 (Tel. #802-828-2358).

5. All other Projects - Right to Appeal to the Environmental Court: Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Court is 32 Cherry Street, 2nd Floor Suite 303 Burlington, Vermont 05401 (Tel.# (802) 951-1740).

Dated Wednesday, June 28, 2017 Emily Boedecker, Commissioner Department of Environmental Conservation

By: Kevin Burke, Environmental Analyst Stormwater Management Program

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Notice of Authorization Under Vermont Construction General Permit 3-9020 For Low Risk Projects Permittee Directions for Posting: This notice shall be placed near the construction entrance at a location visible to the public. If displaying near the main entrance is infeasible, the notice shall be posted in a local public building such as the town hall or public library. For linear projects, the notice shall be posted at a publicly accessible location near the active part of the construction project (e.g., where a pipeline project crosses a public road).

Project Name: Water Distribution Extensions Permittee Name(s): Village of North Bennington Water Department NOI Number: 7796-9020 Date of Authorization: 6/29/2017 Date of Expiration: 6/29/2019 The project listed above has received authorization under General Permit 3-9020 to discharge stormwater from the following construction activities: water main extensions along Town and Village highways. This authorization includes the following requirements:  Implementation of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.  All areas of disturbance must have temporary or final stabilization within 7 days of the initial disturbance. After this time, all disturbed soil must be stabilized at the end of each work day. Between October 15 and April 15 all disturbed soil must be stabilized at the end of each work day. The following exceptions apply: – Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. – Stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches).  The total authorized disturbance is 4.54 acre(s).  No more than 2 acres of land may be disturbed at any one time.  Inspections shall be conducted at least once every (7) calendar days and within twenty-four (24) hours of the end of a storm event resulting in discharge of Stormwater from construction site.  If there is a discharge of visibly discolored stormwater from the construction site or from the construction site to waters of the State, the permittee shall take immediate corrective action.  If, after completing corrective action, there continues to be a discharge of sediment from the construction site to waters of the State, the permittee shall notify DEC by submitting a report within 72 hours of the discharge. To request information on this authorization, or to report compliance concerns, please contact: Vermont DEC, Watershed Management Division Main Building, Second Floor One National Life Drive Montpelier, VT 05620

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Notice of Addition Of Owners or Operators To Coverage Under Vermont Construction General Permit 3-9020

Submission of this completed form constitutes notice that the entity in Section C seeks to be added as a co-permittee to an existing authorization to discharge under Vermont’s Stormwater Construction General Permit (CGP) from the project identified in Section A. All landowners and persons who meet the definition of Principal Operator (Subparts 2.1B, 3.1B of the CGP) and who were not included on the original NOI must submit a Notice of Addition form.

Note: A permittee seeking to terminate or transfer permit coverage must use a separate form.

A. Project Information

1. Project Name: Water Distribution Extensions 2. Notice of Intent Number: 7796-9020

B. Original Permittee Information

Village of North Bennington Water Department P.O. Box 375 North Bennington, VT 05257 (802) 442-3883 [email protected]

C. New Co-Permittee Information

Circle one or both: New Landowner New Principal Operator

1.Name: ______

2. Business Name: ______

3. Mailing Address:

a. Street/PO Box: ______

b. City/Town: ______c. State: ______d. Zip: ______

4. Contact Information

a. Phone: ______b. Email: ______

D. Request for Addition as Co-Permittee I hereby request that the entity in Section C be added as co-permittee to the existing authorization to discharge stormwater from construction activities stated in Section A. In requesting co-permittee status, I hereby certify under the penalty of law that I have read, understand, and meet the eligibility conditions of the CGP; that I agree to comply with all applicable terms and conditions of the CGP; that I understand that continued authorization under the CGP is contingent on maintaining eligibility for coverage, and that the applicable practices in the authorized Erosion Prevention and Sediment Control Plan must be implemented and maintained for the duration of the construction activities. I agree to comply with all applicable terms and conditions of the General Permit 3-9020.

Signature: ______Date: ______

Submit Original Form to: VT DEC, Watershed Management Division 1 National Life Drive, Main 2 Montpelier, VT, 05620-3522

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NORTH BENNINGTON WATER DEPARTMENT

WATER DISTRIBUTION EXTENSIONS

NORTH BENNINGTON, VERMONT

TECHNICAL SPECIFICATIONS

Summer, 2017

Otter Creek Engineering, Inc. 110 Merchants Row 4th Floor, Suite 15 Rutland, Vermont 05701 802-747-3080 802-747-4820 - Fax [email protected]

THIS PAGE BLANK PROJECT MEETINGS AND COORDINATION 01200 - Page 1

SECTION 01200 - PROJECT MEETINGS AND COORDINATION

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Meetings and Coordination of the work.

1.02 PRECONSTRUCTION MEETING A. The Engineer will schedule a Preconstruction Meeting within 15 days of the Notice to Proceed, but before the Contractor occupies the Site, to review responsibilities, personnel assignments, and administrative procedures. B. The meeting shall be attended by the Engineer and the Contractor=s Superintendent. Other attendees may include the Owner, other consultants, representatives of funding agencies, regulatory agencies, subcontractors, suppliers, and other interested parties. C. The Meeting Agenda shall include the following items: 1. Designation of responsible personnel and submission of emergency contact numbers. 2. Project communication chain. 3. Engineer’s authority and responsibilities. 4. Responsibility for Safety, Means and Methods, Security and housekeeping. 5. Procedures for processing of applications for payment, change orders, and field orders. 6. Distribution of Submittal List by Engineer to Contractor and procedure for submittal processing. 7. Submission of Project Schedule and critical work sequencing by Contractor for review by Engineer and Owner. 8. Submission of Schedule of Values by Contractor for review by Engineer and Owner. 9. Layout of Work. 10. Location of Temporary Facilities, use of premises, and work hours. 11. Pay Requisition Processing. 12. Special project conditions, circumstances, and contractual requirements. 13. Other items as required.

1.03 PROJECT MEETINGS A. The Engineer shall schedule and administer Project Meetings throughout the progress of work at regular intervals not less than once every month. B. The Meetings shall be attended by the Engineer and the Contractor=s Superintendent. Other attendees may include the Owner, other consultants, representatives of funding agencies, regulatory agencies, subcontractors, suppliers, and other interested parties. C. The Meeting Agenda shall include the following items: 1. Review and approval of prior meeting minutes. 2. Review of Work progress. 3. Submission of a current Project Schedule by Contractor and review of any adjustments since the previous submission. Contractor shall provide reasons for delays and propose a course of action to be taken so as to meet the overall project schedule requirements. 4. Pending changes and substitutions. 5. Special project conditions, circumstances, and contractual requirements.

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6. Other items affecting the progress of work, as required. D. No later than 5 days after each project meeting, the Engineer will distribute copies of minutes for review to those in attendance. Any perceived misrepresentations of consequence, shall be brought to the immediate attention of the Engineer.

1.04 COORDINATION A. The Contractor shall provide a full-time Superintendent, experienced in the administration and supervision of all aspects of the work. The Superintendent shall be authorized to act as the Contractor’s representative, have authority over workers and subcontractors and shall be responsible for daily operations and be routinely on the site from the first day of work until final completion of work. B. Contractor shall designate a responsible person(s) to be available after hours, on weekend, and holidays to respond to emergencies resulting from or related to work performed by the Contractor. The person’s after hour phone number shall be made available to the Owner, Engineer, local emergency services, and others deemed necessary prior to commencing work. C. The Contractor shall coordinate construction activities included in the Contract Documents to assure efficient and orderly installation of the work. D. Where other contractors or the Owner are occupying, or performing work activities on the project site, the Contractor shall cooperatively schedule activities and use of the site to the Owner’s satisfaction. E. The Contractor shall coordinate scheduling and performance of required administrative procedures including: 1. Preparation of Payment Requisitions, 2. Preparation of Schedules, 3. Preparation of Submittals, 4. All other administrative procedures as necessary.

PART 2.00 - PRODUCTS

2.01 (Not Used)

PART 3.00 - EXECUTION

3.01 (Not Used)

END OF SECTION 01200

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SECTION 01300 - SUBMITTALS AND SUBSTITUTIONS

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Submission of information on the equipment and materials necessary to complete the Contract, to the Engineer for review. B. Project Work Schedules and Schedule of Value.

1.02 QUALITY ASSURANCE A. All submittals shall be clear, legible, labeled and organized so as to facilitate review. B. Whenever reference is made to provide and/or test materials in accordance with standards of any technical organization or society, it shall mean the latest standard code or specification at the date for Advertisement for Bids.

PART 2.00 - PRODUCTS

2.01 SHOP DRAWINGS A. Shop Drawings shall be provided for all materials and equipment, as required in the Contract Documents, to be supplied through the duration of the project. B. Shop Drawings shall include material and product information, fabrication and installation drawings, schedules, dimensions, and compliance with specified standards.

2.02 SAMPLES A. All samples shall be of the precise material or product to be provided for the project.

2.03 COLOR / PATTERN A. Whenever a choice of color or pattern is available in a specified product, the Contractor shall submit accurate color and pattern charts for review and selection. B. Where color or pattern selection effect costs or performance, the Contractor shall completely describe the relative costs and performance characteristics of each.

2.04 MANUALS A. Manuals are required for all equipment to be installed as part of this project. B. Manuals shall include: 1. Complete operation and maintenance information, 2. Complete drawings and nomenclature for all replaceable parts, and part numbers, Name, address, telephone numbers, fax numbers, and e-mail addresses of manufacturers, technical support and the nearest authorized representatives. 3. Material Safety Data Sheets (MSDS), for each hazardous chemicals used, supplied, and/or associated with installed equipment,

2.05 RECORD DRAWINGS A. The Contractor shall maintain one complete set of drawings on which shall be marked dimensions, ties, and measurements pertinent to the execution and completion of the work and the formulation of Record Drawings by the Engineer. Copies of the record information shall be provided to the Engineer on a monthly basis. Prior to the

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substantial completion of the project, the final set of record drawings shall be furnished to the Engineer by the Contractor.

2.06 INSURANCE A. Before the Contractor commences Work, the insurance company shall submit to the Owner a certificate indicating that the required insurance is in force and stating that the policies will not be materially changed, become non-renewable or canceled without thirty (30) day’s advance notice by certified mail to the Owner and Engineer. The representative signing the certificate shall furnish evidence that they are authorized to so sign as well as their address and the name of the agency or agencies through which the insurance was obtained. B. Insurance carrier shall provide an endorsement permitting occupancy of any buildings or use of the Project during the remaining period of construction. C. Documentation of Professional licensure and Professional Liability insurance must be provided for Contractor’s (General and Subcontractor’s) professionals who are providing products or services that include professional advice, recommendations, Change Orders, and/or any other activity that involves professional reliance.

2.07 WARRANTEES A. The Contractor shall submit copies of all product warrantees and guarantees with the product information. B. At the time of Substantial Completion, the Contractor shall submit executed warranties and guarantees, as approved by the Engineer, in bound form, for the Owner’s records. C. Where additional warranties above and beyond the one (1) year guarantee period are required, they shall be from the manufacturer of the item and addressed to Owner. These warranties shall be provided with the Shop Drawings and go into effect upon substantial completion of the work. All warranties longer than one (1) year in length shall be noted on the Certificate of Final Completion. D. All work within highway rights-of-way owned by the Stare of Vermont are subject to the “Vermont Agency of Transportation Special Conditions”. An eighteen (18) month guarantee period for work within State highway right-of-way is required.

2.08 SUBSTITUTIONS A. Where the words “or equal” are stated, Contractor may provide, if accepted by Engineer, an item equal to that named or described on the Drawings or in the Specifications. The naming of any commercial name, trademark, or other identification shall not be construed to exclude any item or manufacturers not mentioned by name or as limiting competition, but shall establish a standard of quality and/or performance only. In addition, wherever it may be written that an equipment manufacturer must have a specified period of experience with the product, equipment which does not meet the specified experience period will be considered if the equipment supplier or manufacturer is willing to provide a bond or cash deposit for the duration of the specified experience time period which will guarantee replacement of that equipment in the event of failure. B. Where substitutions to specified products or materials are proposed, submittals shall be of the same format as for specified items and clearly indicate the item(s) to be replaced. C. The Contractor shall also include information on the reason for the substitution, the

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benefit to the Owner, and the impact the substitution would have on the schedule and cost.

2.09 SCHEDULES A. Unless otherwise stated, references to “days” shall mean calendar days. B. The Contractor shall prepare a fully developed, horizontal bar-type, graphic flow chart of the proposed contract schedule, subdivided by week beginning with the date of the Notice to Proceed and ending with final completion date. All phases and categories of construction shall be included, showing start and finish dates, and placed on the chart in their proper relationship to all other phases of construction. The flow chart shall indicate those phases of construction for which completion times are critical to the job completion date. C. The Owner and Engineer shall be notified of any changes to this flow chart during construction. Any significant deviations from the Schedule shall be documented with a revised Schedule. D. The Contractor shall submit at the Pre-Construction Conference, the first complete draft and an updated Project Schedule at each monthly project meeting as a condition of payment. E. The chart shall include a separate time bar for each significant construction activity or area of work and indicate the interrelationship between the Contractor and any subcontractors, other contractors or work/operations of the Owner. The chart shall include anticipated equipment and manpower anticipated to achieve the proposed schedule. The chart shall indicate time limitations of all highway, stream alteration, and other permits. F. Submittals for all long lead time items shall be identified on the schedule and the shop drawings/submittals shall be ordered no later than ten (10) days following contract award. G. Contract time has been based on average production rates. The Contractor=s schedule shall identify any float time. Any float time between the contract completion time and the Contractor’s scheduled completion date belongs to the Owner. The Owner shall own all float time. Work performed within scheduled float time shall not be justification for additional compensation or contract time. H. At the preconstruction conference, Contractor shall provide a complete Schedule of Values for all lump sum items in the Project in such a manner that the breakdown may be used as a basis for estimating the value of Work completed on lump sum items for Partial Payment Requests. The extent and basis of the breakdown shall be acceptable to the Owner and Engineer. As a minimum, the Schedule of Values breakdown shall include those items outlined in the Measurement and Payment section. I. The Contractor shall provide a Schedule of Values with the Project’s estimated monthly Payment Requisitions indicating the work completed to date. In addition, where multifaceted portions of the work are paid for under a Lump Sum pay item, the Contractor shall provide a cost breakdown, by major system component, to facilitate determination of partial payment as a percentage of work complete.

2.10 INSPECTION AND TESTING A. For pipe, cement, steel reinforcement, paint, and similar materials which are normally tested in the shop by the manufacturer, Contractor shall furnish the Engineer certified records of physical, chemical, and other pertinent tests, and/or certified statements from the manufacturer that the materials have been manufactured and tested in

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conforming with the Specifications. Where such a small quantity of material is required as to make physical tests or chemical analyses impractical, a certificate from the manufacturer stating the results of such tests or analyses of similar materials which were concurrently produced may, at the discretion of the Engineer, be considered as the basis for the acceptance of such materials. B. Submittal of manufacturer’s testing certificate shall be considered endorsement by the Contractor that the material certified by the manufacturer will be the material incorporated in the Work.

PART 3.00 - EXECUTION

3.01 CONTRACTOR’S REVIEW A. Contractor shall review Submittals prior to submission to the Engineer to determine and verify measurements, construction criteria, coordination and manufacturer’s product identification. B. Each Submittal shall be dated, signed and stamped by the Contractor to indicate compliance with the Contract Documents. Any deviations from the Contract Documents shall be clearly indicated. C. Each Submittal shall have the following information indicated: 1. Name of Project, Owner, and Contractor. 2. Name, address, and telephone number of supplier and manufacturer. 3. Identification number correlating to the Engineer=s List of Submittals. 4. Indication of whether submission is an original or a resubmittal. 5. If multiple items are shown on a manufacturer’s catalog page, clearly indicate which item is being submitted for which purpose.

3.02 SUBMITTAL REQUIREMENTS A. The Contractor shall deliver to the Engineer each shop drawing, sample and color/pattern chart in electronic PDF format. Engineer shall return Submittals electronically to the Contractor upon completion of review. B. Each PDF file copy of the Submittal shall include a standard cover form, approved by the Engineer that documents the following: 1. Name of Project, Owner, Contractor. 2. Name, address, and telephone number of supplier and manufacturer. 3. Identification number indicating reference Technical Specification number correlating to the Engineer's List of Submittals. 4. Date of Submission. 5. Indication of whether submission is an original or a resubmittal. 6. If multiple items are shown on a manufacturer's catalog page, clearly indicate which item is being submitted for which purpose. 7. Indicate if the material or equipment contained in the submittal meets all the requirements specified without any exceptions or if there are deviations. Deviations shall be listed. C. An electronic file naming standard shall include specification section number, item number, date, and indication of original submission or resubmittal. File naming protocol shall be agreed to with the Engineer prior to delivery of the first Submittal. D. Submittals not meeting the Standards of this Specification shall be returned without review. Contractor shall address submissions deficiency and re-submit. E. All Submittals shall be delivered to the Engineer electronic via e-mail or other pre-

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approved file transfer system. All file transfers shall include delivery receipt request to the Engineer. File delivery system shall be reviewed and agreed to with the Engineer prior to the first Submittal. F. Groupings of Submittals shall be accompanied by a cover transmittal clearly indicating Submittals included and the date of Submission. G. Timing 1. The Contractor shall make all Submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, securing approvals, possible revisions and resubmittals, coordination and placing orders and securing deliveries. 2. A minimum of ten (10) full working days shall be allowed for the Engineer’s review, following receipt of submittal. An additional five (5) working days shall be allowed for submittals requiring review by Engineer’s subconsultants. 3. Where significant or complex submittals require additional review time, adjusted scheduling requirements shall be included on the Engineer’s List of Submittals provided at the Preconstruction Meeting. 4. No extension of Contract time or increases in Contract costs associated with delays will be authorized due to failure to transmit submittals to the Engineer sufficiently in advance of the work to permit processing. 5. All related Operation and Maintenance Manuals, record drawings, and all other related items shall have been submitted prior to the specified part of the project being considered substantially complete. H. The Contractor shall provide three (3) paper copies and one (1) electronic (PDF) copy of each manual, warranty and schedule, all copies to be retained by the Owner and Engineer. I. The Contractor shall maintain one complete set of drawings on which shall be marked dimensions, ties, and measurements pertinent to the execution and completion of the work and the formulation of Record Drawings by the Engineer. Copies of the record information shall be provided to the Engineer on a monthly basis. Prior to the substantial completion of the project, the final set of record drawings shall be furnished to the Engineer by the Contractor.

3.03 SUBSTITUTIONS A. The Engineer’s approval is required for all substitutions. B. The Contract and the Contract price is based on the materials, equipment, and methods described in the Contract Documents. C. The Engineer will consider proposals for substitution of materials and equipment only when such substitutions are considered to comply with the project design requirements, be of comparable quality, performance, operation and be of benefit to the Owner. D. The cost of all extra component(s), material(s), structural modification(s), excavation(s), etc. required (not included in the Contract Documents) due to the installation of equipment or materials other than that included in the Contract Documents shall be at the Contractor’s expense, at no additional cost to the Owner. E. The Engineer shall consider proposals for substitution only when accompanied with completed technical data or other information required by the Engineer to evaluate the proposed substitution. F. The Owner shall charge the Contractor for all costs required by the Engineer and subconsultants to evaluate the acceptability of each proposed substitution, excluding

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Shop Drawing review. G. If any substitution creates the necessity for redesign and/or revision of the Contract Documents, the costs shall be charged to the Contractor by the Owner. H. The Owner’s costs for Engineer’s services for review of substitutions and/or redesign necessary for substitutions shall be deducted from the Contract Price. I. All requests for substitutions shall include written warranties and indemnifications to the Owner and the Engineer for use of the proposed alternative material and/or equipment. J. Refer to respective Specification Technical Specifications for equipment specific substitutions requirements.

END OF SECTION 01300

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SECTION 01500 - TEMPORARY FACILITIES

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Temporary utilities and services including fuel, water, electricity, heat, internet access, and telephone. B. Site access, including roads and parking for personnel, equipment and storage. C. Field offices, storage, stockpile areas, temporary enclosures, sanitary facilities, drinking water and waste disposal facilities and services. D. Barricades for security and safety, warning signs, lights, and environmental protections. E. Coordination and interconnection with existing facilities and providing temporary bypasses, connections, utilities, materials, equipment and labor for ongoing operations and functionality.

1.02 REFERENCE STANDARDS A. The Contractor shall adhere to the latest version of all applicable safety, health, and environmental codes and/or permits issued for the project.

1.03 SUBMITTALS A. Proof of authority to occupy property not part of the project site for temporary facilities or other purposes. B. The Contractor shall make submittals for those Temporary Facilities indicated by the Engineer.

1.04 QUALITY ASSURANCE A. Materials, equipment, and facilities supplied under this section shall be maintained in a reasonably neat and clean appearance.

PART 2.00 - PRODUCTS

2.01 CONTRACTOR’S FIELD OFFICE A. Contractor shall provide and maintain at a location approved by the Owner and Engineer a weather-tight Field Office, within ten days of the Notice to Proceed until Final Completion or Engineer’s approval to remove. B. The Office shall be equipped with a telephone, answering machine, fax machine, and photocopier, all in “like new” condition. C. The Contractor shall pay all costs of installing, maintaining and removing the Field Office including heating fuel, electricity, internet access and telephone.

2.02 STORAGE FACILITIES A. Temporary Storage Facilities shall be provided by the Contractor as necessary to store materials and equipment. B. Contractor is responsible for the security and safety of all Storage Facilities. C. Stored materials and equipment that are damaged or stolen shall be replaced at no expense to the Owner.

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2.03 ENGINEER’S FIELD OFFICE A. The Contractor shall provide and maintain a separate weather-tight Field Office for use by the Engineer within ten days of the Notice to Proceed until Final Completion or Engineer’s approval to remove. B. The Field Office shall be a minimum of 200 square feet and be equipped with the following, in like new condition: 1. Heating and air conditioning systems capable of maintaining a consistent temperature of 70EF at all times. 2. Electrical service and wiring system meeting all applicable codes with at least six properly placed interior electrical outlets, and a minimum of two 48” long, double tube, ceiling light fixtures. 3. A minimum of two lockable windows with screens. 4. Two separate voice/fax telephone services and jacks. 5. One separate internet access jack. C. The Field Office shall be furnished with the following, in “like new” condition: 1. Plan table (3’x5’ min.) and drafting stool. 2. Office desk (2.5’x5’ min.) with two lockable file drawers and padded office chair. 3. Folding conference table (2.5’x6’) and eight folding chairs. 4. Two drawer lockable fireproof file cabinet. 5. Carbon dioxide fire extinguisher (4 lb.). 6. Wastebasket, broom, and dustpan. 7. Telephone and answering machine, AT&T 2.4GHz Corded/Cordless Telephone and Answering System model 1487, or approved equal, less than two years old. 8. Plain paper (non-roll paper) fax machine, Brother model PPF1270e, or approved equal, less than two years old. Contractor shall supply necessary ink cartridges. 9. Access stairs with adequate hand rail. 10. Water cooler and adequate supply of bottled water. 11. Photocopier, Canon Model ImageClass D880 Personal Digital Copier, or approved equal, less than two years old. 12. A minimum of 20 linear feet of wall mounted shelves, with a minimum shelf depth of 10-inches. D. Field Office shall be lockable with all keys in the possession of the Engineer. E. The Field Office shall be set on a firm foundation such that it is not adversely affected by vibration, frost action or runoff. F. The Contractor shall pay all costs of installing, maintaining and removing the Field Office including heating fuel, electricity, internet access and telephone base charges and local calls.

2.04 UTILITIES A. Temporary utilities shall be of materials meeting applicable codes and regulations. B. Contractor shall provide necessary temporary utilities and fuel to provide adequate heat, power and other utility service until Final Completion at no additional cost to the Owner.

2.05 SANITARY FACILITIES A. Sanitary facilities shall be neat and clean in appearance, provide privacy to the user,

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and be adequate in number to serve the Contractor’s staff and representatives of the Owner.

2.06 CONDUCT A. The Contractor recognizes that portions of the project are in residential areas. All personnel shall conform to reasonably accepted standards of behavior at all times. No loud radios or vulgar language is permitted.

2.07 SITE ACCESS A. Site access shall be constructed of such materials necessary to provide safe and convenient access to the site for the Contractor, the Owner, and the Owner’s representatives. B. Contractor employee and equipment parking shall not interfere with normal vehicular or pedestrian traffic, or be located on property not controlled by the Owner or without written permission of the property owner. C. Contractor shall provide safe pedestrian access to the general public to all residential and business properties through the course of construction.

2.08 SAFETY AND PROTECTION MEASURES A. Barricades shall be of a type and material necessary to protect the general public, workers, the work and adjacent properties and structures from injury or damage. B. Where applicable, barricades shall comply with all codes and permit requirements.

2.09 ENVIRONMENTAL PROTECTIONS A. Environmental Protections such as erosion control fencing, check dams, mulch, dikes, containment pads and berms shall be provided of the quantity necessary to prevent migration of soil, debris, or pollutants. B. The Contractor shall provide appropriate facilities for storage and containment of hazardous materials.

2.10 TRAFFIC CONTROLS A. The Contractor shall erect and maintain construction warning signage in the project area to Vermont Agency of Transportation Standard Specifications as required or directed. B. The Contractor shall provide all necessary signage, barriers, trained traffic control personnel and/or uniformed officers to maintain safe conditions while moving vehicular and pedestrian traffic through the construction area to the satisfaction of the Owner. C. Measures shall be taken to provide two- way traffic at all times. One-way traffic and emergency access must be provided at all times. D. The Contractor shall avoid disruption of traffic where possible. In the event of temporary disruption of two way traffic, the Contractor shall provide qualified traffic control personnel. E. Where uniformed officers are not specifically required by the Contract Documents or project permits, the Owner retains the right to require the Contractor to provide uniformed officers when the Owner determines that the Contractor has allowed unsafe conditions or unacceptable levels of congestion to persist. Officers required on this remedial basis shall be at no expense to the Owner. F. Under no circumstances shall public or private rights-of-way be closed to traffic

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without prior approval of the Owner.

2.11 COORDINATION AND INTERCONNECTION WITH EXISTING FACILTIES A. The Contractor shall provide all necessary temporary bypasses, connections, materials, equipment and labor to allow ongoing operations and system functionality. B. The proposed work is integral to the on-going operation of the existing facilities. Wherever possible, the proposed work has been laid out so as to avoid conflicts with existing facilities that must remain on-line while new facilities are installed. In some instances, this was not possible and the contractor must make provisions for temporary facilities. The Contractor shall work closely with the Owner and Engineer to maintain the facility’s functionality and capacity. The cost associated with all coordination and temporary facilities shall be incorporated into the contract price. Additional compensation for such work, over and above the Contract Price will not be approved.

2.12 HEAT A. General 1. A temporary heating system shall be installed inside of structures for cold weather protection and if/when directed by the Engineer. System shall be maintained until the permanent heating system has been installed and accepted in writing by the Owner. 2. Temporary heating system shall not use interior atmosphere for combustion. 3. Open flame systems shall not be used. 4. Systems shall be U.L. rated. B. Temperature Requirements 1. Where temporary heat is required, temperature shall be maintained at a minimum of 50oF during working hours and a minimum of 40oF during non-working hours, or as required for construction. 2. For a minimum of seven (7) days prior to interior painting or the installation of resilient floor, acoustical ceilings or other finishes, the temperature of the spaces to be finished shall be maintained in accordance with manufacturer’s published instructions. C. Use of Permanent Heating System 1. Use of the permanent heating system for temporary heat and/or for applying interior finishes will be allowed if authorized in writing by the Owner. 2. Prior to its use for temporary heat, a permanent heating system must be completely installed, including permanent wiring connections, to a permanent power source. 3. The Contractor shall clean, service and replace service items (i.e., filters, belts, strainers, etc.) at the end of using the system for temporary heat. 4. Use of the permanent heating system for temporary heat shall not alter the terms of the guarantee. The guarantee shall begin at the date of issuance of the Certificate of Final Completion. D. Temporary enclosures consisting of cloth or plastic covered frames for window openings and hinged plywood or batten doors with locks shall be used as necessary to maintain temperatures.

2.13 ELECTRICAL POWER A. Temporary electrical power distribution wiring and components shall be installed in all

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areas necessary. B. Temporary service entrance shall be installed and terminate in a NEMA 3R, rain-tight box. Feeders shall be installed from the service entrance to the distribution panel boards. Box and panel boards shall be properly fused for all temporary wiring. Wiring shall include proper grounding. C. Temporary lighting shall be installed as required to adequately light all areas of the work. D. Temporary 120 and 240 volt grounding type GFCI outlets shall be installed where required.

2.14 INTERNET ACCESS A. Contractor shall provide unlimited internet access of minimum 1 Mbps or greater speed (cable, DSL or T-1).

PART 3.00 - EXECUTION

3.01 PREPARATION A. Prior to the placement of temporary facilities, or installation of temporary utilities, the Contractor shall confirm location with the Owner, and/or where applicable, obtain written approval from the property owner.

3.02 INSTALLATION A. General 1. Contractor shall locate temporary facilities so as to protect workers, the general public, stored materials and completed work from injury or damage. 2. Contractor shall install barricades as necessary to keep the general public out of hazardous or unsafe areas at all times including nights, weekends, and holidays. 3. Facilities shall be located so as not to interfere with the work. Any relocations required after installation of the temporary facilities shall be the responsibility of the Contractor. 4. Field Offices, storage areas, sanitary and support facilities shall be located for easy access and location shall be approved by the Owner. 5. Erosion controls shall be located as indicated on the drawings and as required by the Specifications, directed by the Engineer, required by permit(s) or as site conditions require to prevent migration of material from the work area. 6. Sequencing a. The Contractor shall provide temporary facilities, ready for use, when needed, so as to avoid delay and ensure adequate protections. b. Sanitary facilities shall be installed at the commencement of work. c. Field office(s) shall be installed and fully equipped within ten days of the issuance of the Notice to Proceed. d. Environmental protections shall be installed prior to commencement of any work that may impact the protected area and in compliance with relevant permits.

3.03 COORDINATION WITH FACILITIES A. The Contractor shall not interrupt the normal operation of the existing utilities or roads without notification to, or approval of the utility owner. Contractor=s

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coordination and cooperation with the North Bennington Water Department is a requirement of this Project. Construction at/near existing utilities shall be completed with maximum care. Reference drawings for additional coordination instructions. B. Contractor shall not make connections to existing water mains or operate valves, or otherwise interfere with the operation of the existing water distribution system, without first giving forty-eight (48) hour notice and receiving approval from the Engineer and the Owner. Contractor shall also notify all other utility companies, having facilities which are subject to interference, in writing, 48 hours in advance of the time he/she proposes to perform Work in the area in order that they may take such precautions as are necessary to protect their property.

3.04 MAINTENANCE A. The Contractor shall maintain the work area and temporary facilities in a neat and orderly fashion at all times. The Contractor shall not allow hazardous or unsightly conditions to develop or persist on the project site. B. Sanitary facilities shall be serviced on a regular basis by a licensed waste hauler. All wastes shall be properly disposed of at legal receiving facility. The Contractor shall not allow unsanitary conditions or public nuisances to develop or persist. C. Environmental protections such as siltation fencing and hay bale dikes shall be regularly maintained so as to prevent damage to the protected areas. Maintenance and remedial repairs to environmental protections, as directed by the Owner’s representative or regulatory authorities, shall be performed in a timely manner. D. Contractor shall take measures to maintain the work area, including storage areas, off-site borrow and waste material disposal areas, so as to minimize dust. Contractor shall use water and/or calcium chloride for dust control, unless calcium chloride is not acceptable. E. Public and private streets, sidewalks and parking areas, utilized by the Contractor, shall be kept free from dirt, mud, stone and other materials tracked from the work area. Material tracked onto traveled ways or sidewalks shall be swept daily. F. Upon completion of the work, the Contractor shall conduct a final cleanup and leave the site in as clean and neat a condition as existed at the start of work.

3.05 REMOVAL A. All temporary facilities shall be removed from the project site upon completion of work and the affected areas returned to their original or better condition to the satisfaction of the property owner.

END OF SECTION 01500

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SECTION 01501 - TEMPORARY WATER SERVICES

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. All labor, materials and equipment for furnishing, installing and removing temporary water mains, services and fittings where new construction prohibits continuity of water service. B. Flushing and disinfection.

1.02 REFERENCE STANDARDS Information and requirements contained in this Specification are based on the most recent version of the following standards: A. AWWA Standard C901 for Polyethylene (PE) Pressure Pipe and Tubing, ½-inch through 3-inch. B. AWWA Standard C651 for Disinfecting Water Mains.

1.03 SUBMITTALS A. (Not Used)

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for installation of these items. B. The Contractor shall protect materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all items that do not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 WATER PIPING A. Temporary water main and services shall be Class 200 (CL200) polyethylene (PE) tubing meeting the reference standard. B. All tubing shall be new and clean. C. Temporary pipe shall be adequately sized to provide a minimum of 20 psi at all service connections under peak demand conditions.

2.02 FITTINGS A. Contractor shall provide all necessary fittings, adapters and couplings for connecting existing water mains, temporary water mains, temporary water services and each existing building service. B. All fittings shall be clean and new.

2.03 VALVES A. Each temporary service shall be installed with a PVC ball valve. B. Pressure reducing valves (PRV) shall be installed on each temporary water main and set so that the water pressure at the foundation wall of each customer being supplied

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from the temporary water system does not exceed 80 psi.

PART 3.00 - EXECUTION

3.01 GENERAL A. In certain cases, it may be possible to make connections to the buildings through outside hose bibs or other above-grade connection. In other cases, this will not be possible, and other methods shall be used. B. Work associated with locating connection points, furnishing materials and installing mains, services and other branches, shall be the responsibility of the Contractor. C. Contractor shall install exterior hose bibs and modify plumbing as necessary to connect temporary water services. If existing hose bibs are vacuum breaker or backflow prevention type, the Contractor shall replace with standard hose bibs allowing supply of the plumbing system. Following construction, the hose bibs shall be restored to the original type, as necessary.

3.02 NOTIFICATION A. At least seven (7) days prior to beginning water line replacement work, the Contractor shall notify the Owner and Fire Department to allow preparation of fire protection measures and issuance of a boil water notice. B. Contractor shall provide the personnel to deliver a written notice to all water customers regarding any disruption in service related to the installation and removal of bypass and temporary service pipe. Notices shall be delivered forty-eight (48) hour in advance of work.

3.03 PRODUCT STORAGE AND HANDLING A. Handle and transport materials to insure they are in sound, undamaged condition and to prevent damage, in accordance with manufacturer’s instructions. B. Examine all materials before installing. Defective or damaged materials shall be rejected. C. If defective or damaged materials are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

3.04 INSTALLATION A. Temporary service pipe shall be laid at the back edges of sidewalks or road shoulders. B. Install adequate thrust restraints as necessary. C. At driveways, pipe crossings shall be adequately protected. At street crossings, pipe shall be laid in shallow trench and covered with temporary surfacing. D. Care shall be exercised to avoid contamination of mains, house services, or the temporary service pipe.

3.05 FLUSHING A. All temporary water piping shall be flushed prior to disinfection at a minimum velocity of 2.5 feet per second. Care shall be taken to protect property from erosion or other damage during flushing operations. The Contractor shall make any necessary repairs to damaged property. B. No leaks shall be allowed.

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3.06 DISINFECTION A. Disinfection of piping is required prior to being placed in service. B. Temporary water mains and services shall be dosed with chlorine, fed at a constant rate, such that the entire volume of water will have a concentration of not less than 25 mg/l free chlorine. Chlorine levels shall be confirmed by the Contractor with a field test kit. C. Disinfection operations shall not cease until the entire main is filled with heavily chlorinated water. D. The chlorinated water shall be retained for a minimum of 24 hours, during which all valves in the treated section shall be operated to ensure disinfection of appurtenances. The water in all portions of the main shall have a minimum residual of 10 mg/l of free chlorine after 24 hours. E. The Contractor shall prevent the introduction of heavily chlorinated water into any active portions of the water distribution system. F. At the end of the 24 hour period, the main shall be flushed with water from the distribution system until the discharge chlorine concentration is equal to that of the system or 1mg/l free chlorine. G. Flush service lines so that heavily chlorinated water does not enter the house service. H. The Contractor shall comply with all laws relevant to the discharge of chlorinated water. Water discharged directly or indirectly to water bodies shall not have a chlorine level greater than 0.1 ppm. Water bodies shall include all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, wetlands, and any body of surface water, artificial or natural. I. The Contractor shall supply all necessary dechlorination equipment, materials, chemicals and labor necessary to reduce the chlorine level prior to discharge. J. Any required permits for the discharge of chlorinated water (local or State), are the responsibility of the Contractor.

3.07 OPERATION A. The Contractor shall not activate the temporary service piping until after successful completion of the flushing and disinfection operations. B. The Contractor shall maintain the temporary water service piping throughout the course of the work. Any necessary repairs or leaks shall be immediately attended to.

3.08 REMOVAL A. The Contractor shall disconnect and remove all materials following successful completion and initiation of service of the permanent water system. B. The work area shall be returned to better than preconstruction conditions.

END OF SECTION 01501

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SECTION 01700 - PROJECT CLOSEOUT

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. All labor, materials, equipment and services for project close-out, in accordance with the requirements of the Contract Documents, including but not limited to: 1. Providing services of manufacturer’s representatives; 2. Final cleaning; 3. Providing project record documents; 4. Providing operation and maintenance data and manuals; 5. Providing warranties and bonds; 6. Providing spare parts and maintenance materials.

1.02 REFERENCE STANDARDS A. Project closeout is defined to include general requirements near the end of the contract period, in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner, and similar actions evidencing completion of the work. Specific requirements for individual work items are specified throughout the Technical Specifications, in addition to the general requirements stated in this Section. Time of project closeout is directly related to “Substantial Completion”, and therefore may be either a single time period for the entire project or a series of time periods for individual parts of the project which have been certified as substantially complete at different dates.

1.03 PREREQUISITES TO SUBSTANTIAL COMPLETION A. Work shall be deemed Substantially Complete by the Engineer when all components related to the specified part of the Project operate as designed so that the Owner has beneficial use of the related components. B. Prior to requesting Engineer’s review for determination of Substantial Completion as required by the General Conditions (for either the entire project or portions thereof), the Contractor shall complete and submit the following, as applicable: 1. Progress payment request, coincidental with, or following the first date substantial completion is claimed, showing either 100% complete, for the portion of work claimed as “substantially complete”, or listing incomplete items, the value of incompletion, and reasons for being incomplete. This progress payment request shall account for final changes to the Contract Sum as follows: a. Original contract sum, b. Additions and deductions resulting from: previous change orders; balancing change order; other adjustments; deductions for deficient work; other deductions, c. Total contract sum, as adjusted, d. Previous payments, e. Sum remaining due. 2. Advise Owner of pending insurance change-over requirements; 3. Transfer of utilities; 4. Troubleshooting; 5. Record Documents;

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6. Warranties and Bonds; 7. Spare Parts and Maintenance Materials; 8. Evidence of Payments and Release of Liens. The Contractor shall submit the following executed documents as evidence of payments and release of liens with the final application for payment: a. Contractor’s Release or Waiver of Liens, b. Separate Releases of Waivers of Liens for Subcontractors, suppliers, and others with lien rights against property of Owner, together with list of those parties. 9. Consent of Surety to Release Retainage. C. The Contractor may request of the Owner, in writing, acceptance of a specified part of the Project which the Owner may use without significant interference with construction of the other parts of the Project. The Contractor will certify to the Owner and the Engineer that said part of the Project is substantially complete and request the Engineer to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter, the Owner, Contractor, and Engineer shall make an inspection of that part of the Project to determine its status of completion. If the Engineer does not consider that it is substantially complete, the Engineer will notify Owner and Contractor in writing. If the Engineer considers part of the Project to be substantially complete, the Engineer will execute and deliver to Owner and Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, and attaching a tentative list of items to be completed or corrected before Final Acceptance. D. Substantial Completion of any portion of the Work shall not release the Contractor from the fulfillment of all his obligations under this Contract. Owner will assume all liability for damage resulting from improper operation or maintenance on the part of the Owner’s personnel.

1.04 PREREQUISITES TO FINAL ACCEPTANCE A. Prior to requesting the Engineer’s final review for determination of Final Completion and final payment as required by General Conditions, the Contractor shall complete and submit the following, as applicable, and list known exceptions (if any) in the request: 1. Submit copy of the Engineer’s final punch list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance. 2. Submit any outstanding record drawings, operation and maintenance manuals, final project photographs, specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications, and similar record documents as specified herein. 3. Complete final clean-up requirements as specified herein. 4. Deliver tools, spare parts, extra stocks of materials, and similar physical items to Owner. 5. Complete any outstanding start-up testing of systems, and training for Owner’s operating personnel. 6. Discontinue (or change over) and remove from project site temporary facilities and services, along with construction tools and facilities, etc. 7. Any outstanding Lien Releases. 8. Consent of Surety to Final Payment.

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9. Final application for payment in accordance with requirements of General, Supplementary, and Special Conditions, and as specified herein.

PART 2.00 - PRODUCTS

2.01 PROJECT RECORD DOCUMENTS A. Project record documents shall be maintained in accordance with the Specifications and shall be submitted at the completion of the work. Record documents shall be submitted complete and bound in numerical order. The Contractor shall submit record documents to the Engineer with a transmittal letter indicating the project name, date, Contractor’s name and address, list of documents, and the signature of the Contractor. B. Documents shall be kept accurate, current, clean, dry, and legible. C. Project record documents shall not be used for construction purposes. D. Documents shall be available at all times during working hours for review by Engineer, Owner, regulators, funding agencies and other personnel having jurisdiction over this Project. E. Record Drawing construction data of the following shall be recorded: 1. Elevations of structures, footings, base slabs and floors. 2. Location, elevation, and size of utilities and appurtenances constructed and affected by this Project, whether active or abandoned. 3. Measured locations of internal utilities and appurtenances, referenced to permanent surface improvements. 4. Record Drawing locations shall be obtained and recorded by measuring “swing ties”, or other method acceptable to Engineer. 5. Record Drawing elevations shall be obtained and recorded by measuring elevations relative to project benchmarks. 6. Record Drawing mark-ups of actual installation which vary substantially from the work as originally shown. Give particular attention to information on work concealed, which would be difficult to identify or measure and record at a later date. 7. When shop drawings are marked-up, mark cross-reference on contract drawings at corresponding location. 8. Mark with erasable color pencil, using separate colors where feasible to distinguish between changes for different categories of work at same general location. 9. Note field changes, dimensions and details. 10. Note change order and field order numbers and similar identification. F. Test reports and analyses shall be submitted bound in chronological order. G. Each record document submitted shall be certified, by endorsement of the Contractor, that it is accurate and complete. H. Review or receipt of these records by the Engineer or the Owner shall not be considered acceptance of any deviation from the Contract Documents or shop drawings, or in any way relieve Contractor from his/her responsibility to perform the work in accordance with the Contract Documents and Shop Drawings.

2.02 WARRANTIES AND BONDS A. Provide duplicate, notarized copies. B. Execute and assemble transferable warranty documents from Contractor,

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sub-contractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. C. Submit warranty document prior to substantial completion review. For equipment put into use with Owner’s permission during construction, submit within ten (10) days after first operation. For items of Work delayed materially beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period.

2.03 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, tools, and maintenance materials in quantities specified, in addition to that used for construction of work, prior to Substantial Completion.

PART 3.00 - EXECUTION

3.01 SUBSTANTIAL COMPLETION REVIEW PROCEDURE A. Within ten (10) days following receipt of Contractor’s written request for substantial completion review, the Engineer, in consultation with the Owner, will either proceed with the review or advise the Contractor of prerequisites not fulfilled. B. Following the initial review, the Engineer will either prepare a Certificate of Substantial Completion, or advise the Contractor of Work which must be performed prior to issuance of certificate. C. The Engineer will repeat the review when requested and assured that work has been substantially complete. Results of completed review will form the initial “punch list” of items to be completed or corrected for final acceptance. D. Should the Engineer consider that the Work is Substantially Complete, the Engineer will prepare and the Owner shall issue a Certificate of Substantial Completion, accompanied by the “punch list”. E. The Contractor shall complete all work listed for completion or correction, within the remaining contract period.

3.02 FINAL ACCEPTANCE REVIEW PROCEDURES A. At such time as the CONTRACTOR deems that the work is completed, the Contractor shall arrange for a Final Inspection with the OWNER and the ENGINEER. There will be a maximum of two such inspections. At the initial Inspection, if work is unsatisfactory or incomplete, a final “punch list” will be prepared, outlining the OWNER’S requirements for final acceptance. B. The Contractor shall take immediate steps to remedy the stated deficiencies, and send written notice to Engineer certifying that the work is complete, at which time the Engineer will re-review the work. C. Within ten (10) days following receipt of Contractor’s written notice that the Work has been completed, including “punch list” items from earlier reviews, the Engineer will re-review the work. Upon completion of re-review, the Engineer will notify the Contractor in writing of any work not completed or obligations not fulfilled as required for final acceptance. D. Should the Engineer be required to perform second review because of failure of the Work to comply with original certifications of Contractor, the Owner will compensate the Engineer for additional services, and deduct amount paid from final payment to the Contractor. E. Should the Engineer consider that the Work is Complete, the Engineer will prepare

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and the Owner shall issue a Certificate of Final Completion and approve the final application for payment, in accordance with provisions of General Conditions. F. The date of completion shall be the date Engineer and Owner find the work complete. Contractor’s final payment request will not be approved until all Project work has been completed and all required documents have been received in accordance with the Contract Documents. G. Engineer will prepare final change order, reflecting approved adjustment to contract sum not previously made by change orders.

END OF SECTION 01700

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 SITE DEMOLITION 02070 - Page 1

SECTION 02070 - SITE DEMOLITION

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. The Contractor shall demolish and/or modify all the existing structures, facilities and utilities as indicated on the drawings or specified herein. The Contractor shall furnish all materials, equipment and labor to perform the work as indicated. B. Removal or abandonment of existing water system distribution piping and appurtenances.

1.02 REFERENCE STANDARDS A. (Not Used)

1.03 SUBMITTALS A. The Contractor shall submit, for review by the Engineer, a complete demolition procedure including, but not limited to, the following details, schedules, and information concerning the modification and/or demolition of existing structures: 1. Step by step construction schedule including estimated demolition and construction time and dates. 2. Method of demolition, provisions for temporary utilities service and bypasses where necessary. 3. Equipment intended to be utilized. 4. Preparatory work prior to disruption of water flows or existing facility or utility operation. 5. Emergency backup equipment to be utilized in case of equipment failure. 6. Water and waste handling equipment. 7. Temporary electrical and utility systems if disruption is planned. 8. Equipment and material disposal site. 9. Other information as requested by the Engineer. B. The Contractor shall submit for review details of the methods and materials proposed for use in making all connections/disconnections to existing structures, pipelines, etc.

1.04 QUALITY ASSURANCE A. All work shall be accomplished by workers thoroughly experienced and skilled in such work. B. Upon direction of the Engineer, the Contractor shall remove and/or replace all work that does not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner. C. All Federal and State Laws and Codes and local ordinances, regulations, and laws must be complied with. It shall be the responsibility of the Contractor to obtain all necessary permits and pay all fees for inspection or disposal. D. The Contractor shall give the Owner and Engineer one week’s notice prior to removing or dismantling any existing equipment or piping.

PART 2.00 - PRODUCTS

2.01 MATERIALS A. All new work to be incorporated into the connections to existing structures or

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pipelines shall be made with new materials. No old or used materials will be permitted in making the connections.

PART 3.00 - EXECUTION

3.01 PREPARATION A. All work shall be planned so as not to interfere with operation of existing facilities. The Contractor shall have no claim for additional compensation by reason of delay, inconvenience, or work outside of normal working hours for adapting his operations to the needs of the existing facilities. B. Each step of the approved work procedure shall be completed in one continuous operation. No modification or demolition work shall be started until the Contractor has assembled all tools, materials and equipment necessary to complete the work in the shortest time. Once the demolition work is started, the Contractor shall work continuously on the connection so that the work is completed. No unfinished work shall be left for completion at a later time or date.

3.02 EXISTING UNDERGROUND UTILITIES A. The drawings do not depict all utilities or exact positions of all utilities that may exist on the site. B. The Contractor shall locate underground utilities in the work area by probing and/or other means as required. If utilities are to remain, the Contractor shall provide adequate means of protection during earthwork operations. C. Should unmapped piping or other utilities be encountered during excavation, the Contractor shall consult with the utility owner immediately for directions. The Contractor shall cooperate with utility companies in keeping respective service and facilities to the satisfaction of the utility owner. D. The Contractor shall demolish and completely remove from the site existing underground utilities required to be removed. The Contractor shall coordinate with utility owners for shutting off services, if lines are active. E. The Contractor shall not intentionally interrupt utilities unless permitted in writing by the utility owner, and then only after arranging to provide temporary utility service to necessary facilities or users.

3.03 CUTTING AND PATCHING A. Wherever necessary to connect to existing structures or pipes, the Contractor shall remove the minimum amount of existing work for the installation of the necessary piping or new work.

3.04 REMOVAL AND DISPOSAL OF MATERIALS A. All materials removed from modified, abandoned, removed or demolished structures shall be cleared from the immediate work area and disposed of in the following manner: 1. All salvageable materials shall be removed from the site and stored at a location as directed by the Engineer. All salvageable materials shall be the property of the Owner. 2. All materials which are considered non-salvageable shall be disposed of. B. All material, debris, rubble and spoils resulting from the work shall be disposed of at a suitable off-site location procured by the Contractor at his own expense. Only legal

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disposal sites may be used. The Contractor is responsible for locating an appropriate site and obtaining any necessary permits for disposal, and for loading, trucking, permitting and disposal fees.

3.05 REMOVAL OF ITEMS A. Where indicated on the Drawings, the item shall be completely removed from the site in the following manner, as appropriate. 1. Hydrants: a. Where indicated on the Drawings, fire hydrants shall be removed by shutting off the isolation gate valve, cutting the branch pipe between the gate valve and the hydrant, and completely removing the fire hydrant. Provide a restrained joint cap with thrust block on the end of cut pipe. B. Following removal of items, excavations shall be backfilled and compacted in accordance with Specification Section 02300.

3.06 ABANDONMENT OF ITEMS A. Where indicated on the Drawings, the item shall be abandoned in the following manner, as appropriate: 1. Pipes: a. Ends of all abandoned pipes shall be capped or plugged with caps or plugs suitable for the pipe type to insure a complete seal. b. Where indicated on the Drawings, abandoned pipes shall be completely filled with sand, flowable fill or concrete. 2. Manholes, catch basins, tanks, vaults and other structures: a. Demolish and remove the frame and cover/grate, the top of the structure and the walls of the structure to a depth of three feet below finish grade. b. Break hole in the bottom of the structure to allow water to drain. c. Backfill and compact the inside of the structure with sand. 3. Valves, curb stops: a. Close the valve or curb stop. b. Install a stub piece of pipe into the valve or curb stop and a cap. c. Remove the valve or curb stop box, operating rod and cover. B. Following abandonment of items, excavations shall be backfilled and compacted in accordance with Specification Section 02300.

3.07 SEQUENCING OF NEW AND OLD FACILITIES A. All existing facilities shall be kept operational until such time as the new facilities are fully tested and approved. B. The Contractor shall provide temporary repairs, bypasses and/or temporary facilities as necessary at no additional cost. C. Facilities shall not be switched over until the new systems are fully tested and operational.

END OF SECTION 02070

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 SITE CLEARING AND GRUBBING 02230 - Page 1

SECTION 02230 - SITE CLEARING AND GRUBBING

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Site clearing and grubbing for construction sites by removal or destruction of the following: 1. Trees, shrubs and vegetation which interfere with construction or landscaping. 2. Underbrush. 3. Logs. 4. Stumps. 5. Refuse and rubbish. 6. Decayed or growing organic matter. 7. Snow and ice. 8. Water. B. Stripping and stockpiling of topsoil. C. Stripping and removal of unsuitable onsite soil materials.

1.02 REFERENCE STANDARDS A. (Not Used)

1.03 SUBMITTALS A. (Not Used)

1.04 QUALITY ASSURANCE A. All Federal and State Laws and Codes and local ordinances, regulations, and laws must be complied with. It shall be the responsibility of the Contractor to obtain all necessary permits and pay all fees for inspection, permits or disposal.

PART 2.00 - PRODUCTS

2.01 MATERIALS (Not Used)

PART 3.00 - EXECUTION

3.01 PREPARATION A. Prior to clearing and grubbing, the following precautions shall be made: 1. Required lines, levels, contours and datums shall be established and identified. 2. Benchmarks, control points and reference points shall be maintained and preserved throughout construction. If disturbed or destroyed, they shall be reestablished by the Contractor, at no additional cost to the Owner. B. The contractor shall be fully responsible and shall take all necessary precautions to protect all adjacent structures, property, and personnel.

3.02 CLEARING AND GRUBBING A. Remove vegetation, topsoil, debris, rocks, stumps, unsatisfactory soil materials, water, snow, ice, obstructions and deleterious materials from the ground surface. B. Topsoil shall be segregated, stockpiled and protected for reuse, and provisions made

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for erosion control. Excess topsoil shall remain the property of the Owner and shall not be removed from the project site, unless directed by the Owner. C. All stumps, roots and other unsuitable material shall be removed to a depth of 12-inches below final grade.

3.03 TREE REMOVAL A. Immediately after felling trees designated to be removed, the Contractor shall remove the branches, cut trunk and limbs and clear the debris. B. The Contractor shall cut all branches, roots and trunks larger than 2- inches in diameter into firewood in lengths from 16 to 18 inches. C. The Contractor shall pile all wood in neat stacks not more than four feet high, on the Owner=s property, out of the work area. D. Tree portions which are extremely difficult to cut into firewood may be removed as debris. E. All firewood shall become the property of the landowner. Should the landowner choose not to make claim to the firewood, the Contractor shall dispose of it off-site. F. All small branches, brush and leaves shall be chipped and removed from the site. G. Trees and brush shall not be burned.

3.04 DEBRIS REMOVAL A. All material, debris, rubble and spoils resulting from the work shall be disposed of at a suitable off-site location procured by the Contractor at his own expense. Only legal disposal sites may be used. The Contractor is responsible for locating an appropriate site and obtaining any necessary permits for disposal, and for loading, trucking, permit and disposal fees. B. Debris shall not be burned.

3.05 REMOVAL AND DISPOSAL OF SURPLUS AND/OR UNSUITABLE ONSITE SOIL MATERIAL A. All surplus and/or unsuitable onsite soil material resulting from the work shall be disposed of at a suitable off-site location procured by the Contractor at his own expense. Only legal disposal sites may be used. The Contractor is responsible for locating an appropriate site and obtaining any necessary permits for disposal, and for loading, trucking, permit and disposal fees.

END OF SECTION 02230

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SECTION 02232 - PROTECTION AND REPAIR OF PROPERTY

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. All labor, materials, equipment and services necessary for protection and repair of property, as shown or specified.

1.02 REFERENCE STANDARDS (Not Used)

1.03 SUBMITTALS (Not Used)

1.04 QUALITY ASSURANCE (Not Used)

PART 2.00 - PRODUCTS

2.01 MATERIALS (Not Used)

PART 3.00 - EXECUTION

3.01 NOTIFICATION A. For the location of existing underground utilities, the following notifications shall be made by the Contractor prior to start of construction: 1. “Dig Safe”: 1-888-344-7233. 2. Other utilities not contracted with “Dig Safe” may include, but are not limited to, local water, wastewater and stormwater authorities. 3. Municipality owned utilities. B. The Contractor is responsible for location of all utilities, including primary and secondary services. C. For planned interruption of existing wastewater or water services, written notification shall be given to the Owner forty-eight (48) hours prior to the interruption.

3.02 PROTECTION AND REPAIR OF PROPERTY A. Protection, restoration and repair of property shall be included in the Contract price at no additional cost to the Owner. B. Contractor shall conduct the Work so as to interfere as little as possible with private business and public travel. The Contractor shall, at no additional cost to the Owner, wherever necessary or required, maintain fences, install shoring, provide security personnel, maintain barriers and post danger signs warning against hazards created by the construction Work. The Contractor shall also take such other precautions as may be necessary to protect life and property and shall be responsible for all damages occasioned in any way by any act or neglect or that of the Contractor’s agents, employees, or workers. C. The contractor shall be fully responsible and shall take all necessary precautions to protect all personnel, property, structures, buildings, trees, shrubs, plantings, gardens,

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fences, signs, guy wires, lawns, buried and overhead utilities, pipes, culverts, roads, streets, driveways, curbs, swales, rip-rap, sidewalks, paths, utility poles, light poles, property markers, mailboxes, manholes and covers, catch basins and grates, retaining walls, guideposts/rails and other features. D. If gravel, silt or other debris caused by the Contractor’s operation is deposited into existing facilities, structures, pipes or other site features, the sediment shall be thoroughly removed and the item completely cleaned, at no additional cost to the Owner. E. If damage is caused to facilities or equipment, it shall be repaired or replaced at no additional cost to the Owner. F. Items removed for construction shall be replaced in their original locations, unless directed otherwise by the Engineer, at no additional cost to the Owner. G. Items not specified elsewhere in these Specifications that have been damaged during or removed for construction, shall be replaced “in kind”. H. All hazardous materials shall be stored and disposed of in accordance with Federal, State, or local codes, laws, ordinance or regulations.

3.03 PROTECTION AND REPAIR OF SURVEY AND BOUNDARY MARKERS A. Temporary benchmarks, control points and reference points shall be maintained and preserved throughout construction. If disturbed or destroyed, they shall be reestablished by the Contractor, at no additional cost to the Owner. B. Boundary markers, pins, pipes or monuments shall be protected and preserved throughout construction. If disturbed or destroyed, they shall be reestablished by a Licensed Land Surveyor hired by the Contractor, at no additional cost to the Owner.

3.04 TREE AND SHRUB PROTECTION A. Any tree or shrub which will not, in the opinion of the Engineer, hinder construction or landscaping, shall be preserved and protected. B. The Contractor shall construct a temporary barricade at the dripline of any trees or shrubs designated to be preserved and as indicated on the drawings, to prevent damage to any portion of the tree or shrub. The Contractor shall take special care in setting barricade posts to not damage tree or shrub roots. C. The Contractor shall not permit stockpiling of material or debris within the barricaded area, nor permit the earth surface to be changed in any way. D. The Contractor shall use necessary care to protect the roots, trunks and branches of all trees or shrubs not designated to be removed. E. If necessary to avoid undermining a tree or shrub during construction, trees designated to remain shall be protected with temporary shoring or sheeting. All temporary shoring or sheeting shall be removed when no longer necessary.

3.05 TRIMMING OF TREES OR SHRUBS TO REMAIN A. If necessary to trim selected trees or shrubs to allow the construction, the Contractor shall use proper tools and skilled workmen to achieve neat severance of tree or shrub limbs with the least possible damage to the tree or shrub. Cut limbs shall be appropriately sealed. B. If necessary to trim roots of selected trees or shrubs to allow the construction, the Contractor shall apply wet burlap to prevent drying of the severed root. Cut roots shall be appropriately sealed.

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3.06 PROTECTION AND REPAIR OF UTILITIES A. The Drawings do not depict all utilities or exact positions of all utilities that may exist on the site. The Drawings show approximate information regarding the location of known utilities. This information has been obtained from records, information provided by others, surface observation, and/or field measurements, but is not guaranteed to be entirely accurate or complete. B. The Contractor shall provide his own detection equipment for accurately locating buried utilities approximately shown on the Drawings. The Contractor shall locate underground utilities in the work area by probing and/or other means as required. No extra payment will be allowed to the Contractor for repair of utilities shown on the Drawings, or accurately marked in the field prior to damage of the utility. C. If utilities are to remain, the Contractor shall provide adequate means of protection during earthwork operations. D. Should unmapped piping or other utilities be encountered during excavation, the Contractor shall consult with the utility owner immediately for directions. The Contractor shall cooperate with utility companies in keeping respective service and facilities to the satisfaction of the utility owner. E. The Contractor shall not intentionally interrupt utilities unless permitted in writing by the utility owner, and then only after arranging to provide temporary utility service to necessary facilities or users. F. Utilities damaged during construction shall be repaired and/or replaced with equal or better quality material as directed by the impacted utility. G. Repairs shall be inspected by the impacted utility prior to being backfilled. Repair of utilities and inspection by the utility shall be included in the Contract price at no additional cost to the Owner.

3.07 PROTECTION AND REPAIR OF UTILITY POLES AND OVERHEAD WIRES A. The Contractor shall coordinate, arrange, schedule, receive permission, and pay for supporting and/or temporarily or permanently relocating utility poles and/or wires that may be impacted by the project, with the appropriate utility(s), at no additional cost to the Owner.

3.08 REPAIR OF WASTEWATER AND STORMWATER PIPE A. The Owner shall be notified immediately if a wastewater or stormwater pipe is damaged during construction. B. Wastewater or stormwater pipes damaged during construction shall be immediately repaired. C. Wastewater or stormwater pipes damaged during construction shall be replaced for a minimum distance of two feet (2’) beyond either side of the damage, with a section of same size and material pipe, at no additional cost to the Owner. D. Wastewater or stormwater pipes damaged during construction and crossing water pipes shall be repaired in accordance with the water/sewer crossing notes on the Drawings, at no additional cost to the Owner. E. Connections shall be made with approved couplings. Adequate pipe bedding and compaction is mandatory under pipe repairs to prevent settlement. F. Repair of wastewater and stormwater pipes shall bear on undisturbed soil. G. One (1) wastewater and one (1) stormwater service shall be assumed for each residence/business or building, unless shown otherwise on the Drawings.

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3.09 REPAIR OF WATER MAINS AND SERVICES A. The Contractor shall become familiar with the location of water valves and curb stops, prior to the start of work, to facilitate emergency shutdown and repairs. B. The Owner shall be notified immediately if a water main or service is damaged during construction. C. Water mains damaged during construction shall be immediately repaired or replaced for a minimum distance of two feet (2’) beyond either side of the damage, with a section of same size and material pipe, with approved couplings, and at no additional cost to the Owner. Adequate pipe bedding and compaction is mandatory under pipe repairs to prevent settlement. D. Water services damaged during construction shall be immediately repaired or replaced for a minimum distance of two feet (2’) beyond either side of the damage, with a section of same size Type K copper water pipe, with approved compression fittings, couplings and adapters, and at no additional cost to the Owner. Adequate pipe bedding and compaction is mandatory under pipe repairs to prevent settlement. E. One (1) water service shall be assumed for each residence/business or building, unless shown otherwise on the Drawings.

3.10 REPAIR OF LAWNS, GRASSES AND OTHER PLANTINGS A. Lawns and other grass areas shall be restored as required in Specification Section 02930. B. Plantings or gardens damaged or destroyed during construction shall be replaced “in kind”.

3.11 REPAIR OF CURB AND SIDEWALK A. Curb and sidewalk shall be restored as required in Specification Section 03301. B. Curb and sidewalk dimensions and type shall match existing, unless indicated otherwise on the drawings.

3.12 REPAIR OF BITUMINOUS CONCRETE SURFACES A. Bituminous concrete surfaces including roads, streets, driveways, paths and walks shall be restored as required in Specification Section 02511.

3.13 FENCE, MAILBOX AND SIGN REMOVAL AND RESETTING A. Fences, mailboxes and signs in the way of construction shall be removed and reset in their original locations after construction in the immediate area has been completed, or prior to the end of the work day, whichever is sooner. B. Mailboxes shall be reset in accordance with USPS regulations. Generally, mailboxes shall be set 42” to 48” from the bottom of the mailbox to the ground and 6” to 9” from the front face of the mailbox to the curb or edge of roadway. Mailboxes shall be reset to conform to USPS regulations, even if they did not conform prior to disturbance. C. Mailboxes may be permanently relocated if acceptable to the property owner, and meeting USPS regulations. D. Mailboxes may be permanently relocated if they present a pedestrian or vehicle hazard, as determine by the Owner, and meeting USPS regulations. E. Fences, mailboxes, posts and signs damaged during construction shall be replaced “in kind” at no additional cost to the Owner.

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3.14 GUIDEPOSTS / RAILS REMOVAL AND RESETTING A. Guideposts/rails in the way of construction shall be removed and reset in their original locations after construction in the immediate area has been completed or prior to the end of the work day, whichever is sooner. B. Guideposts/rails damaged during construction shall be replaced “in kind” at no additional cost to the Owner.

3.15 REPAIR OF CULVERTS A. Culverts damaged during construction shall be immediately repaired or replaced with the same size and type of culvert. B. Connections shall be made with approved couplings for the size and type of pipe. C. Adequate pipe bedding and compaction is mandatory under pipe repairs to prevent settlement.

3.16 PROTECTION FROM WEATHER A. In the event of temporary suspension of the Project, or during inclement weather, the Contractor shall, and will cause his Subcontractors to, protect the Project, work and materials against damage or injury from the weather. If in the opinion of the Engineer, the Project, work or materials are damaged or injured by reason of failure on the part of the Contractor to protect the Project, work or materials, such damaged items shall be removed and replaced at the expense of the Contractor. B. Protection shall include all erosion prevention and sediment control measures necessary to maintain the site in compliance with State and Federal regulations and permits.

END OF SECTION 02232

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SECTION 02271 - EROSION PREVENTION AND SEDIMENT CONTROL

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. All labor, materials and equipment for furnishing, installing, maintaining and inspecting of structural and non-structural erosion prevention and sediment control measures. B. Establishing and marking limits of soil disturbance, archaeological sensitive areas, topsoil stockpiles, construction staging areas, storage areas, refueling and maintenance areas. C. Complying with the terms and conditions of the Vermont General Permit 3-9020 for Stormwater Runoff from Construction Sites. D. As required by the General Permit 3-9020, the Contractor shall become a co-permittee, for the applicable project areas, with the Owner for this permit. A “Notice of Addition” form is included in the Appendix to the Contract Document. The contractor shall be required to complete and sign this form prior to the start of construction, as a condition of the construction Contract. E. Providing an on-site coordinator to manage and oversee erosion prevention and sediment control measures.

1.02 REFERENCE STANDARDS Information and requirements contained in this Specification are based on the most recent version of the following standards: A. State of Vermont, Agency of Natural Resources, Department of Environmental Conservation, General Permit 3-9020 (2006) for Stormwater Runoff from Construction Sites as amended February 2008. B. Vermont Erosion Prevention and Sediment Control Field Guide, Vermont Department of Environmental Conservation, August 2006. C. The Low Risk Site Handbook for Erosion Prevention and Sediment Control, Vermont Department of Environmental Conservation, August 2006. D. The Vermont Standards & Specifications for Erosion Prevention & Sediment Control, Vermont Department of Environmental Conservation, 2006. E. Winter Construction and the Vermont Construction General Permit: A Planner’s Guide. State of Vermont, Department of Environmental Conservation. F. Field Manual on Sediment and Erosion Control, Best Management Practices for Contractors and Inspectors, Fifield, 2002, Forester Press.

1.03 SUBMITTALS A. Submit to the Owner and Engineer the name and day time telephone number of the individual designated as the On-Site Plan Coordinator. B. Contractor shall submit a “Notice of Addition” form as required by General Permit 3-9020. C. The Contractor shall submit manufacturer’s certified data for all products and materials used for erosion prevention and sediment control on the Project. D. The Contractor shall submit manufacturer’s product literature, samples and installation instructions for each specified material type to be used. E. Contractor shall submit a general sequence of work for land disturbing activities so that the extent of disturbed soils left open to erosion at any given time is kept to a

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minimum. F. Submit to the Owner and Engineer prior to the start of construction, the location of disposal areas for excess soil and stumps, staging areas, equipment storage, and refueling and maintenance areas including a location map if the area is off-site. G. Submit to the Owner and Engineer a written record of inspections. The Inspection Report shall be prepared and signed by the On-Site Plan Coordinator or a person acting under the direction of the On-Site Plan Coordinator. Submittal of the Inspection Report form to the Owner and Engineer does not constitute acceptance nor does it relieve the Contractor’s responsibility to conform with the terms and conditions of General Permit 3-9020. H. For visibly discolored stormwater leaving the construction site, submit notice to the Vermont Department of Environmental Conservation and the Engineer using the “Discharge Report” form for Low Risk Projects Under General Permit 3-9020. I. Submit documentation to the Owner, the Engineer and the Vermont Department of Environmental Conservation as required by General Permit 3-9020.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for installation, monitoring and maintenance of all work in this Specification. B. The Contractor shall protect materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. The Contractor shall at all times properly operate and maintain all erosion prevention and sediment control measures which are installed. All temporary measures shall be removed upon final Contract completion or final site stabilization, whichever occurs last. D. The Contractor shall remove any sediment or debris collected by erosion prevention and sediment control measures. These materials shall be disposed of in a manner that will not allow for sediment or debris to enter the waters of the State. E. The Contractor is responsible for all means, methods, sequences and scheduling under the terms of the Contract. F. The Contractor is responsible for compliance with General Permit 3-9020. Any fines assessed by regulatory agencies for non-compliance with the General Permit shall be the responsibility of the Contractor. G. Discharges of any material other than stormwater, such as vehicle and equipment maintenance spills, fuels, wash water, construction debris, oil, wet concrete (including washout water from concrete batch trucks or equipment used to mix concrete), and other substances, are prohibited. H. In areas of concentrated flow, the Contractor shall take precautions to ensure that work will take place in a dry channel. This may be accomplished by directing the flow through a temporary channel, through temporary culverts or by use of a cofferdam and pumps. The anticipated procedure shall ensure that erosion, sediment and water are controlled. I. The Contractor is responsible for designating an On-Site Plan Coordinator to monitor erosion prevention and sediment control measures. The On-Site Coordinator shall have the authority to stop and/or modify construction activities. The On-Site Coordinator shall have experience working with erosion prevention and sediment control measures, and possess the ability to observe, evaluate, and synthesize

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information; to consider alternatives; and to propose appropriate recommendations in a clear, logical manner as related to maintaining State water quality standards. The On-Site Plan Coordinator or his/her designee shall be on site on a daily basis during active construction.

PART 2.00 - PRODUCTS

2.01 SEEDING MATERIALS AND TOPSOIL A. Specification Section 02930 - Lawns and Grasses, provides a description of the topsoil, fertilizer, and seeding materials and application rates used on the project.

2.02 NON-STRUCTURAL EROSION AND SEDIMENT CONTROL MEASURES A. Refer to Drawings for locations and types required. B. Mulch Material: 1. Specification Section 02930 - Lawns and Grasses, provides a description of mulch materials and application rates used on the project. C. Rolled Erosion Control Products (RECPs) 1. Short Term - For slopes steeper than 3:1 and less than 2:1 and low flow channels, erosion control blankets shall be DS75 Single Net Straw Blankets by North American Green or approved equal. Blanket matrix shall consist of 100% agricultural straw fiber stitched to a single UV accelerated, photodegradable polypropylene netting. Product shall be designed to degrade within 45 days. Netting, Topside only, shall be 1.50 lbs/1,000 ft2. Straw fiber shall be 0.5 lbs/yd2. 2. Extended Term - For slopes steeper than 2:1 and less than 1:1 and moderate flow channels, erosion control blankets shall be type SC150 by North American Green or approved equal. Blanket matrix shall consist of 70% agricultural straw and 30% coconut fiber stitched between two, degradable polypropylene nettings. Product shall be designed with a functional longevity of up to 24-months. Matrix: 70% straw 0.35 lbs/yd2, 30% coconut fiber 0.15 lbs/yd2. Netting: Topside, heavyweight photodegradable 3 lbs/1,000 ft2. Bottom side, lightweight photodegradable 1.5 lbs/1,000 ft2. Thread: Degradable. 3. Permanent - For slopes steeper than 1:1 and high flow drainage channels, mat shall be type P300 Permanent Turf Reinforcement Mat by North American Green or approved equal. Product shall be designed to not degrade over time. Matrix: 100% UV stable polypropylene fiber 0.7 lbs/yd2. Netting: Topside, heavyweight UV stabilized 5 lbs/1,000 ft2. Bottom side, heavyweight UV stabilized 3 lbs/1,000 ft2. Thread: 100% black polypropylene. D. Refer to The Vermont Standards & Specifications for Erosion Prevention & Sediment Control for additional non-structural erosion prevention and sediment control measures.

2.03 STRUCTURAL EROSION AND SEDIMENT CONTROL MEASURES A. Refer to Drawings for locations and types required. B. Stone Check Dams - Refer to Section 02300 for aggregate material requirements. C. Silt Fence - Prefabricated Silt Fence Structures shall be Mirafi Envirofence® by Mirafi Construction Products, Inc.,; equivalent product by Indian Valley Industries, Inc., or approved equal. Fence shall consist of complete prefabricated system with woven fabric reinforced net backing and 1¼-inch hardwood posts at 8.3-foot spacing or

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10.0-foot spacing. D. Inlet Control (Paved Areas) - Catch basins and stormwater inlet structures shall use an inlet filter mat, designed to be installed above the inlet grate, secured to the inlet grate with zip ties and overlap the structure by 3 inches on each side, “Coir Inlet Filter” by Blocksom & Co., “Sediguard” by Earth Support Systems, or approved equal. E. Inlet Control (Unpaved Areas) - Catch basins and stormwater inlet structures shall use materials as specified on the Drawings and Section 02300 of the specifications. F. Dewatering - Where required by field conditions and Contractor operations, dewatering operations shall discharge to Dandy Dewatering BagsTM by Mirafi Construction Products, Inc.,; equivalent product by Indian Valley Industries, Inc., or approved equal. G. Stabilized Construction Entrance - Refer to Section 02300 for aggregate material requirements. H. Refer to The Vermont Standards & Specifications for Erosion Prevention & Sediment Control for additional structural erosion prevention and sediment control measures.

2.04 PRODUCT STORAGE AND HANDLING A. Handle and transport materials to insure they are in sound, undamaged condition and to prevent damage, in accordance with manufacturer’s instructions. B. Examine all materials before installing. Defective or damaged materials shall be rejected. C. If defective or damaged materials are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

PART 3.00 - EXECUTION

3.01 GENERAL A. Refer to Section 02300 - Earthwork, for excavating, bedding, envelope, backfilling and compaction requirements. B. Refer to Section 02930 - Lawns and Grasses for planting requirements. C. Severe weather may require additional measures be implemented by the Contractor to prevent erosion and control sediment transport. The Contractor is responsible for monitoring Erosion Prevention and Sediment Control measures. Special attention must be given by the Contractor during extreme weather events to prevent overload, breakthrough, plugging, flooding and washouts. The Contractor may need to modify measures based on observations, field and weather conditions. D. Strategies - To minimize soil erosion and the transport of sediment to surface waters, the following strategies shall be used: 1. Minimize Impact Area - The Contractor shall phase construction so that land disturbance at any one time is limited to five (5) acres. Unless a smaller limit is specified in the Notice of Intent or a larger disturbance amount is included in the authorization from the Secretary. As work in each phased area is completed, the disturbed areas shall be stabilized. For pipeline installation, it is intended that the area impacted by the trench will be maintained at 10 to 12-feet or less. It is in the Contractor’s best interest to minimize the area of impact, thus requiring less soil stabilization. 2. Minimize Impact Time - Areas impacted by the project shall be stabilized within seven (7) days. Prior to finish grading, impacted areas may be temporarily covered with mulch or stabilization fabric. Impacted areas shall be

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topsoiled, fertilized, seeded and mulched within 48-hours of final grading. In those areas where pavement is impacted, the area will be backfilled with fine crushed gravel and compacted until final paving is completed for the project. Areas of special concern (i.e. higher risk of erosion) shall be final graded, seeded, and rolled erosion control matting installed at the end of each day’s operations. 3. Manage Stormwater Runoff - Prevent off-site stormwater from entering the areas of disturbed soil on-site. Control water on-site to keep low velocities so that erosion is minimized. 4. Trap Sediment On-Site - Install and maintain erosion prevention and sediment control measures to trap sediment on site and prevent discharges. 5. Existing Drainage Preservation - The project does not realign or relocate any existing natural or man-made drainage patterns. Natural cover shall be protected wherever possible and replaced where disturbed. E. Erosion prevention and sediment control measures included in this specification are guidelines and intended to be used in conjunction with the Reference Standards and sound judgment and diligence on the part of the Contractor.

3.02 INSTALLATION OF NON-STRUCTURAL EROSION AND SEDIMENT CONTROL MEASURES A. Mulch 1. Seedbed shall be raked, seeded and fertilized as required by Section 02930 Lawns and Grasses. Installation shall be reviewed by the Engineer prior to proceeding with mulch installation. B. Rolled Erosion Control Products (RECPs) 1. Seedbed shall be raked, seeded and fertilized as required by Section 02930 Lawns and Grasses. Installation shall be reviewed by the Engineer prior to proceeding with the installation of RECPs. 2. Blanket edges shall be anchored by trenching and staples according to the manufacturer’s recommendations. 3. Edges of parallel blankets shall overlap five (5) inches or as indicated by the manufacturer. 4. Blanket shall be in solid contact with the ground surface. C. Supplemental Measures 1. Refer to The Vermont Standards & Specifications for Erosion Prevention & Sediment Control for additional installation requirements of non-structural erosion prevention and sediment control measures.

3.03 INSTALLATION OF STRUCTURAL EROSION AND SEDIMENT CONTROL MEASURES A. Stone Check Dams - Shall be installed as indicated on the Drawings. B. Silt Fence 1. Excavate a 6-inch x 6-inch trench to the desired length. 2. Place fabric material in the trench using a continuous roll of fabric in an “L” shape with the “tail” on the uphill side, and backfill with soil. When joining two silt fences refer to the detail as shown in the Drawings. 3. Install wood or steel posts “downstream” of the fabric at 5 to 8-feet apart. Posts shall extend a minimum of 12-inches into the soil. Securely fasten the fabric to the posts and compact backfill material. 4. Silt Fence shall be installed and maintained according to the manufacture’s instructions. Bottom of fence shall be “toed in” along its entire length. End

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sections shall overlap. C. Inlet Control (Paved Areas) 1. Control products for stormwater inlets shall be installed and maintained according to the manufacturer’s instructions. D. Inlet Control (Unpaved Areas) 1. Inlet control for unpaved areas will only be installed where a sump condition exists. 2. Refer to Details showing material and construction requirements. E. Dewatering - All dewatering operations shall be performed in such a manner so as to prevent the discharge of sediment laden stormwater from the work area. Effluent from dewatering operations shall be filtered or passed through an approved sediment trapping device, or both. F. Stabilized Construction Entrance 1. Shall be dense graded crushed stone meeting the requirements of Specification Section 02300. 2. Shall be installed as indicated on the Drawings. G. Refer to The Vermont Standards & Specifications for Erosion Prevention & Sediment Control for installation requirements of additional structural erosion prevention and sediment control measures.

3.04 WINTER EROSION AND SEDIMENT CONTROL MEASURES A. Soil disturbances that occur between October 15, and April 15, or any bare soil left unstabilized without seeding and mulching after September 15, shall be treated with winter erosion control measures. The following winter erosion prevention and sediment control measures shall be taken for work that occurs between October 15 and April 15. 1. Silt fence shall be installed where required before the ground freezes. 2. Stone check dams shall be installed where required before the ground freezes. 3. Degradable erosion control blankets/matting with seed shall be used in all grassed and disturbed soil areas during this period. These areas shall be seeded and mulched as soon as possible in the spring, if necessary. 4. All disturbed paved and gravel areas shall be backfilled with gravel to the design grade. All paved areas will be repaved as soon as practical in the spring. 5. All disturbed areas shall be stabilized on a daily basis. 6. Mulch used for temporary stabilization must be applied at double the standard rate, or a minimum of 3-inches with an 80-90% cover.

3.05 INSPECTIONS A. Frequency of Inspections 1. Preconstruction Meeting - Before any construction begins, a meeting between the Owner, Contractor, Engineer, Vermont Department of Environmental Conservation (if required) and the Contractor’s On-Site Coordinator, shall be held to discuss procedures and inspections required for this specific project. 2. Initial Sediment Controls Inspection - A review shall be done by the On-Site Coordinator after the sediment controls are installed, but before any clearing or grading occurs. This review verifies that the initial sediment controls have been installed according to the plans. 3. Routine Inspection (Construction Activities between April 16 and October 15) -

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All erosion prevention and sediment control structures shall be inspected by or under the direction of the On-Site Coordinator, at least once every seven (7) calendar days, and as soon as possible, but no later than 24-hours after any storm event which generates a discharge of stormwater runoff from the construction site. 4. Winter Inspection (Construction Activities between October 15 and April 15) - Erosion prevention and sediment control measures shall inspected on a daily basis during active earthwork for the Winter Construction Period. 5. Winter Inspection (Construction Shutdown between October 15 and April 15) - If no earthwork is performed during this period and all exposed soils and drainage channels on the entire site have been at least temporarily stabilized inspections may be reduced to not less than one (1) per month. The final inspection record for the season shall clearly show the status of site grading and stabilization efforts at the end of the construction season. 6. Prior to Removing Sediment Controls - The On-Site Coordinator shall verify that all upgradient drainage areas have been stabilized to a degree acceptable for removal of specific sediment controls. This will be done on a phased basis as portions of the project are completed. 7. Final Review - Before final project completion, the On-Site Coordinator shall verify that the sediment controls are acceptable, site development is complete and that well established ground cover has taken place throughout the site. 8. Refer to General Permit 3-9020 for additional inspection requirements.

3.06 MAINTENANCE A. The Contractor shall at all times properly operate and maintain all erosion prevention and sediment control measures which are installed and required to achieve compliance with the State of Vermont Water Quality Standards and General Permit 3-9020. All temporary measures shall be removed upon final site stabilization. If erosion prevention and sediment control measures are to remain effective, they must be installed correctly, inspected in a timely manner and maintained. Repairing barriers, removing accumulated sediment from containment systems and evaluating whether vegetation is established are all the responsibility of the Contractor. B. Refer to General Permit 3-9020, Part 6.1 for additional maintenance requirements. C. Refer to The Vermont Standards & Specifications for Erosion Prevention & Sediment Control for additional maintenance requirements of erosion prevention and sediment control measures. D. Refer to manufacturers’ recommendations for additional maintenance requirements.

3.07 CORRECTIVE ACTION A. Any evidence of measurable amounts of sediment or sediment laden water, leaving the construction site or any visible discoloration of surface waters, shall be noted and immediate action shall be taken to inspect and maintain existing Best Management Practices (BMPs) and install supplemental BMPs as necessary until the discharge and/or the condition is corrected. B. Within 72-hours of first discovering a visibly discolored stormwater discharge from the site to waters of the State, in the event that a discharge is observed, all existing erosion control measures shall be inspected and any maintenance/repairs shall be completed. If it has been determined that these measures are inadequate, corrective measures shall be installed to control sediment discharges from construction activities. The

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measures shown on the drawings necessary under the current standard of care for average weather conditions. Severe weather may require additional measures be implemented by the Contractor to prevent erosion and control sediment transport. The Contractor is responsible for monitoring the erosion prevention and sediment control measures. Special attention must be given by the Contractor during extreme weather events to prevent overload, breakthrough, plugging, flooding and washouts. The Contractor may need to install supplemental BMPs based on observations, field and weather conditions.

3.08 RECORDKEEPING A. The On-Site Coordinator shall maintain a copy of the Authorization to Discharge Under General Permit 3-9020 at the project site. B. Inspection reports prepared by the On-Site Coordinator shall be kept on-site and shall be made available to the Owner, Engineer and regulatory agencies upon request. Contractor shall provide a copy of the inspection records to the Owner and Engineer monthly with the partial payment estimate. The Owner shall retain a copy of inspection records provided by the Contractor for a minimum of three (3) years following completion of construction activities.

3.09 REPORTING A. In the event of a discharge of visibly discolored stormwater from a construction site or from the construction site to waters of the State, the Contractor shall take immediate corrective action. If after completing the corrective action, there continues to be a discharge of sediment from the construction site to waters of the State, the Contractor shall notify the Department of Environmental Conservation by submitting a report within 72 hours of the discharge using the “Discharge Report” form for Low Risk Projects as provided by the Vermont Department of Environmental Conservation.

3.10 OFF-SITE STOCKPILES, STAGING AREAS, EQUIPMENT STORAGE AND REFUELING/MAINTENANCE AREAS, STUMP AND EXCESS SOIL DISPOSAL AREAS A. No arrangements or agreements have been made with any landowners for off-site stockpiles, nor have any necessary permits been obtained for these areas. B. The Contractor shall receive approval from the Agency for the locations of these areas prior to commencement of work and shall be responsible for arrangements, agreements, permits and any other measures necessary for utilizing these areas. C. Erosion prevention and sediment control measures, including but not limited to the items indicated in the Drawings shall be installed and maintained as necessary for site specific conditions. All provisions and requirements of the plans and this Specification apply to these areas.

END OF SECTION 02271

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SECTION 02300 - EARTHWORK

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Excavating B. Pipe Bedding and Envelope C. Trenching D. Trench Backfilling E. Structure Bedding F. Structure Backfilling G. Filling H. Grading I. Subgrade preparation J. Geotextiles K. Embankments L. Subbase M. Base N. Compaction O. Dewatering P. This Section does NOT include Earthwork related to buildings, footings, foundations.

1.02 REFERENCE STANDARDS A. State of Vermont, Agency of Transportation (VTrans), “Standard Specifications for Construction”, latest version. B. ASTM Standard Test Method D1557 for Laboratory Compaction Characteristics of Soil Using Modified Effort. C. ASTM Standard Test Method D2992 for Density of Soil and Soil-Aggregate In-Place by Nuclear Methods (Shallow Depth). D. AASHTO Test T96 for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. E. ASTM Standard Classification D2487 of Soils for Engineering Purposes (Unified Soil Classification System). F. AASHTO Standard M145 - Recommended Practice for Classification of Soils. G. State of Vermont, Agency of Natural Resources, Environmental Protection Rules- Chapter 1. H. ASTM Standard Test Method D 4632 for Grab Tensile Strength of Geotextiles. I. ASTM Standard Test Method D 3786 for Mullen Burst Strength of Geotextiles. J. ASTM Standard Test Method D 4533 for Trapezoidal Tear Strength of Geotextiles. K. ASTM Standard Test Method D 4833 for Puncture Strength of Geotextiles. L. ASTM Standard Test Method D 4355 for UV Deterioration of Geotextiles. M. ASTM Standard Test Method D 4751 for Apparent Opening Size of Geotextiles. N. ASTM Standard Test Method D 4491 for Flow Rate of Geotextiles.

1.03 SUBMITTALS A. The Contractor shall submit supplier’s certified laboratory gradation curves and moisture-density compaction curves (modified proctor) for each imported material to be used on the project. B. The Contractor shall submit representative samples of each imported material to be

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used on the project, if requested by the Engineer. C. The Contractor shall submit certified laboratory gradation curves, moisture-density compaction curves (modified proctor) and ASTM D2487 Soil Classification or AASHTO M145 Soil Classification for each on-site material proposed for Fill or Backfill on the project. D. The Contractor shall submit representative samples of each on-site material proposed for Fill or Backfill on the project, if requested by the Engineer. E. The Contractor shall submit manufacturer’s data for Subgrade Stabilization/Separation Fabric, Filter Fabric.

1.04 QUALITY ASSURANCE A. The Contractor shall allow the Owner’s testing agency to perform field quality control testing, including, but not limited to, in place compaction testing of Subgrade and each layer of Embankment, Subbase, Base, or Fill, at the discretion of the Engineer. The Contractor shall proceed with subsequent earthwork only after test results for previously completed work comply with requirements. Should any work not meet the testing requirements, all subsequent testing required by the Owner shall be paid for by the Contractor. B. When the testing agency reports that any area has not achieved the required level of compaction, the Contractor shall remove and replace, or uniformly moisten or scarify and aerate to obtain optimum moisture content, and then re-compact and retest until specified compaction is obtained. Reworking, replacement of material, re-compacting and retesting will be done at no additional expense to the Owner. C. Unless modified by the Engineer, compaction tests may be performed at the following frequencies: 1. Pipe Bedding and Structure Bedding: one test for each 150 feet or less of trench length. 2. Initial Backfill/Envelope: at least one test for each 150 feet or less of trench length. 3. Trench or Structure Backfill: at least one test for each 150 feet or less of trench length and/or at least one test per vertical foot of trench depth. 4. Subgrade: at least one test for every 2,000 square feet or less of Subgrade. 5. Embankment, Subbase or Base: at least one test for every 2,000 square feet or less, and/or at least one test per vertical foot of depth. 6. Gravel Roadway and Driveway, Gravel Shoulder, or Gravel Sidewalk: at least one test for every 2,000 square feet or less, and/or at least one test per vertical foot of depth. 7. Fill: at least one test for every 2,000 square feet or less of Fill, and/or at least one test per vertical foot of depth. D. Do not place materials on surfaces that are muddy, frozen or contain frost or ice. E. Protect newly graded areas from traffic, freezing and erosion. Keep free of trash and debris. F. Repair and reestablish, to specified tolerances, areas where completed or partially completed surfaces become eroded, rutted, settled or where they lose compaction due to pumping, subsequent construction operations or weather conditions. G. Where settling occurs, the Contractor shall remove finished surface treatment, backfill with appropriate Base material, compact and replace surface treatment, all at no additional expense to the Owner. Restore appearance, quality and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to

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the greatest extent possible. H. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for Earthwork. I. The Contractor shall protect Earthwork materials and areas before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. J. Upon direction of the Engineer, the Contractor shall remove and/or rework all areas which do not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

1.05 DEFINITIONS A. Backfill: materials used to fill an Excavation 1. Initial Backfill/Envelope: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Trench Backfill: Backfill placed over Initial Backfill/Envelope to fill a trench Excavation. B. Base Course: layer placed between the Subbase Course and either bituminous concrete pavement, curb, sidewalk, or other surface treatment. C. Bedding: layer placed over the excavated Subgrade in a trench before placement of pipe or structure. D. Borrow: imported materials from off-site sources. E. Embankment: layer placed between Subgrade and Subbase. F. Excavation: removal of material encountered above Subgrade elevations. G. Fill: soil material used to raise existing grades in lawn and grass areas. H. Onsite material: soil material stockpiled from Excavations. I. Rock: refer to Section 02301. J. Structures: precast concrete wastewater and stormwater manholes, catch basins, storage tanks, pump stations, septic tanks, and vaults. “Structures” as discussed in this Specification does not include buildings, footings, foundations. K. Subbase Course: layer placed between the Embankment and Base Course, or between Subgrade and Base course if no Embankment. L. Subgrade: surface or elevation remaining after completing excavation; surface below Embankment or below Subbase or Bedding, if no Embankment.

PART 2.00 - PRODUCTS

2.01 BORROW MATERIALS A. General 1. All Borrow materials shall be obtained from approved sources and be reasonably free from structurally weak pieces, thin or elongated pieces, silt, loam, topsoil, clay, organic or other deleterious material. 2. All Borrow materials shall be uniformly graded from coarse to fine. 3. All Borrow materials that include stone fractions shall be from rock types that are durable and resistant to weathering, and shall not be from sources that are primarily limestone or marble. B. Bank Run Sand 1. Shall conform with Section 703.03 of the VTrans Standard Specifications for Construction.

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2. Bank Run Sand shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

2 inches 100

1-½ inches 90-100

½ inch 70-100

No. 4 60-100

No. 100 0-20

No. 200 0-8

C. Screened Sand 1. Screened Sand shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

1 inch 100

½ inch 70-100

No. 4 60-100

No. 100 0-20

No. 200 0-6

D. Bank Run Gravel 1. Shall conform with Section 704.04 of the VTrans Standard Specifications for Construction. 2. The percent of wear of the gravel shall not be more than 50 when tested in accordance with AASHTO T 96. 3. The maximum size stone particle shall not exceed two thirds the thickness of the layer being placed, or a maximum of six inches in largest dimension, whichever is smaller. 4. Bank Run Gravel shall meet the following gradation requirement: Sieve No. Percentage by Weight Passing Square Mesh Sieve 6 inches 100 1-½ inches 60-100

No. 4 20-60

No. 100 0-12

No. 200 0-6

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E. Coarse Crushed Gravel 1. Shall conform with Section 704.05 of the VTrans Standard Specifications for Construction. 2. The percent of wear of the gravel shall not be more than 40 when tested in accordance with AASHTO T 96. 3. At least 30 percent, by weight, of the material coarser than the No. 4 sieve shall have at least one fractured face. 4. Coarse Crushed Gravel shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

4 inches 95-100 1 inch 50-70

No. 4 25-50

No. 100 0-12

No. 200 0-6

F. Fine Crushed Gravel 1. Shall conform with Section 704.05 of the VTrans Standard Specifications for Construction. 2. The percent of wear of the gravel shall not be more than 40 when tested in accordance with AASHTO T 96. 3. At least 30 percent, by weight, of the material coarser than the No. 4 sieve shall have at least one fractured face. 4. Fine Crushed Gravel shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

2 inches 100

12 inches 90-100

No. 4 30-60

No. 100 0-12

No. 200 0-6

G. Plant Mixed Gravel 1. Shall consist of clean, hard, crushed stone or crushed gravel, mixed at the plant to give a specific gradation. 2. When the Plant Mixed Gravel is composed of crushed stone or crushed gravel, the percent of wear of the aggregate shall not be more than 35 when tested in accordance with AASHTO T 96. When the Plant Mixed Gravel is composed of crushed igneous rock, the percent of wear of the aggregate shall not be more than 50 when tested in accordance with AASHTO T 96. 3. When crushed gravel is used for the aggregate, at least 50 percent, by weight,

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of the material coarser than the No. 4 sieve shall have at least one fractured face. 4. The aggregate fractions shall be uniformly combined in such proportions that the resulting Plant Mixed Gravel gradation conforms to the following:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

1: inches 100

12 inches 95-100

1 inch 60-85

: inch 50-70

2 inch 40-60

No. 4 20-40

No. 8 15-30

No. 200 0-4

H. Surface Course Gravel 1. Shall conform with Section 704.12 of the VTrans Standard Specifications for Construction. 2. The percent of wear of the gravel when tested in accordance with AASHTO T 96 shall not be more than 40 for material used as Surface Course, or not more than 50 for material used as Shoulders. 3. Surface Course Gravel shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

12 inches 100

1 inch 90-100

No. 4 45-65

No. 100 0-15

No. 200 0-12

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I. “Sur-Pak” Gravel 1. “Sur-Pak” Gravel shall meet the following gradation requirements:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

: inch 100

2 inch 95-100

d inch 80-95

No. 4 50-70

No. 8 30-50

No. 16 20-40

No. 30 15-35

No. 50 10-30

No. 100 5-20

No. 200 2-10

J. Dense Graded Crushed Stone 1. Shall conform with Section 704.06 of the VTrans Standard Specifications for Construction. 2. The percent of wear of the crushed stone shall not be more than 40 when tested in accordance with AASHTO T 96. The percent of wear shall not be more than 50 if crushed igneous rock is used. 3. Dense Graded Crushed Stone shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

32 inches 100

3 inches 90-100

2 inches 75-100

1 inch 50-80

2 inch 30-60

No. 4 15-40

No. 200 0-6

K. Crushed Stone 1. Shall conform with Section 704.02of the VTrans Standard Specifications for Construction. 2. When the aggregate is composed of crushed stone, the percent of wear of the

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aggregate shall not be more than 35 when tested in accordance with AASHTO T 96. When the aggregate is composed of crushed igneous rock, the percent of wear of the aggregate shall not be more than 50 when tested in accordance with AASHTO T 96. 3. ¾-inch Crushed Stone shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

1 inch 100

: inch 90-100

d inch 20-55

No. 4 0-10

No. 8 0-5

4. 1½-inch Crushed Stone shall meet the following gradation requirement:

Sieve No. Percentage by Weight Passing Square Mesh Sieve

1: inches 100

12 inches 90-100

1 inch 20-55

: inch 0-15

d inch 0-5

L. Rip-Rap Systems 1. Stone for rip-rap systems shall be unhewn, rough quarry stone, as nearly rectangular in section as practicable. The stones shall be hard, sound and resistant to the action of water and weathering. Blast rock may only be used for rip-rap if approved by the Engineer. They shall be a rock type other than serpentine rock containing the fibrous variety chrysotile (asbestos). Refer to detail for system configuration. Rip-rap systems shall be of the following types: a. Heavy Rip-Rap System: i. Large Component - The individual stones shall have a depth equal to the thickness of the course of rip-rap. At least 65% of the rip-rap system volume, complete in place, shall consist of Large Component stones that have a minimum volume of 16 cubic feet. ii. Medium Component - The individual infill stones shall be 90-100% by weight passing a 2-inch square mesh sieve. 25% of the rip-rap system volume, complete in place, shall consist of Medium Component. Medium Component infill stone shall fill 80% of the voids between Large Components.

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iii. Small Component - The individual bedding stone shall be 90-100% by weight passing a ¾-inch square mesh sieve. 10% of the rip-rap system volume, complete in place, shall consist of Small Component. b. Medium Rip-Rap System: i. Large Component - The individual stones shall have a depth equal to the thickness of the course of rip-rap. 65% of the rip-rap system volume, complete in place, shall consist of stones that have a minimum volume of 8 cubic feet. ii. Medium Component - The individual infill stones shall be 90-100% by weight passing the 1½-inch square mesh sieve. 25% of the rip-rap system volume, complete in place, shall consist of Medium Component. Medium Component infill stone shall fill 80% of the voids between Large Components. iii. Small Component - The individual bedding stone shall be 90-100% by weight passing a ¾-inch square mesh sieve. 10% of the Medium Component system volume, complete in place, shall consist of Small Component. c. Light Rip-Rap System: i. Large Component - The individual stones shall have a depth equal to the thickness of the course of rip-rap. At least 65% of the rip-rap system volume, complete in place, shall consist of stones that have a minimum volume of ½ cubic foot. ii. Medium Component - The individual infill stones shall be 90-100% by weight passing a 1-inch square mesh sieve. 25% of the rip-rap system volume, complete in place, shall consist of Medium Component. Medium Component infill stone shall fill 80% of the voids between Large Components. iii. Small Component - The individual bedding stone shall be 90-100% by weight passing a ¾-inch square mesh sieve. At least 10% of the rip-rap system volume, complete in place shall consist of Small Component. 2. Rounded, un-fractured or smooth rocks or quarry screenings or tailings shall not be acceptable rip-rap. 3. Rock shall be gray or grayish-blue in color. M. Topsoil: refer to Specification Section 02930. N. Category I Imported Fill: shall conform to all the requirements for Category I Onsite Material. O. River Stone: 1. River stone shall be smooth, round, whole stones of the size and color as specified in the Drawings. 2. River stone shall be clean, washed and contain at least 90% whole stones with less than 1% passing the No. 200 Sieve, by weight.

2.02 ONSITE MATERIAL A. Category I Onsite Material 1. ASTM D2487 Soil Classification Groups GW, GP, GM, SW, SP and SM, or a combination of these group symbols, (See Table below). 2. AASHTO M145 Soil Classification Groups A-1-a, A-1-b, A-3, A-2-4 and A-2-5, or a

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combination of these group symbols, (See Table below). B. Category II Onsite Material 1. ASTM D2487 Soil Classification Groups GC, SM-SC, SC, ML, CL, MH and CH, or a combination of these group symbols, (See Table below). 2. AASHTO M145 Soil Classification Groups A-2-6, A-2-7, A-4, A-5, A-6 and A-7, or a combination of these group symbols, (See Table below). C. Unsuitable Onsite Material 1. ASTM D2487 Soil Classification Groups ML-CL, OL, OH and PT, or a combination of these group symbols, (See Table below. 2. AASHTO M145 Soil Classification Group A-8, (See Table below). 3. Debris, waste, trash, frozen materials, clumps, vegetation, roots, stumps, peat, organics, topsoil, boulders, pavement, concrete, muck, rocks over eight inches in dimension, and other deleterious material. 4. Unsuitable Onsite Materials include Category I and Category II Onsite Materials which the Contractor is unable to compact to specified densities. 5. Unsuitable Onsite Materials include Category I and Category II Onsite that include any of the items listed in 2.02 C. 3. D. Suitable Blast Rock 1. Shall consist of hard, angular blasted rock broken into various sizes. The longest dimension of the stone shall vary from one inch to eight inches, and at least 50 percent of the volume of the stone shall have a least dimension of four inches. The least dimension of the stone shall be greater than a of the longest dimension. 2. Suitable Blast Rock shall be reasonably well graded from the smallest to the maximum size stone so as to form a compact mass without voids when in place. 3. Shall be free from structurally weak pieces, silt, topsoil, clay, organic or other deleterious material.

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E. Table of ASTM D2487 Soil Classification Groups:

Onsite Material Group Range of max. Range of optimum Symbol Description dry densities, lbm/cf moisture content, % Category

GW well-graded, clean gravels, gravel-sand mixtures 125-135 11-8 I

poorly-graded, clean gravels, gravel-sand GP 115-125 14-11 I mixtures

GM silty gravels, poorly graded gravel-sand-silt 120-135 12-8 I

GC clayey gravels, poorly-graded gravel-sand-clay 115-130 14-9 II

SW well-graded clean sands, gravely sands 110-130 16-9 I

SP poorly-graded clean sands, sand-gravel mix 100-120 21-12 I

SM silty sands, poorly-graded sand-silt mix 110-125 16-11 I

SM-SC sand-silt-clay mix with slightly plastic fines 110-130 15-11 II

SC clayey sands, poorly-graded sand-clay mix 105-125 19-11 II

ML inorganic silts and clayey soils 95-120 24-12 II

ML-CL mixture of organic silt and clay 100-120 22-12 U

CL inorganic clays of low-to-medium plasticity 95-120 24-12 II

OL organic silts and silt-clays, low plasticity 80-100 33-21 U

MH inorganic clayey silts, elastic silts 70-95 40-24 II

CH inorganic clays of high plasticity 75-105 36-19 II

OH organic and silty clays 65-100 45-21 U

F. Table of AASHTO M145 Soil Classification Groups:

Granular materials (35% or less passing No. 200 sieve) silt-clay materials (35% or more passing No. 200 sieve)

A-1 A-3 A-2 A-4 A-5 A-6 A-7 A-8

A-1-a A-1-b A-2-4 A-2-5 A-2-6 A-2-7

Sieve Analysis: % passing

No. 10 50 max.

No. 40 30 max. 50 max. 51 min. No. 200 15 max. 25 max. 10 max. 35 max. 35 max. 35 max. 35 max. 36 min. 36 min. 36 min. 36 min.

Characteristics of fraction passing

No. 40 liquid limit non- 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. plasticity index 6 max. plastic 10 max. 10 max. 11 min. 11 min. 10 max. 10 max. 11 min. 11 min. peat,

Usual types of stone fragments fine highly significant gravel and sand sand silty or clayey gravel and sand silty soils clayey soils organic constituents soils Onsite Material I I I I I II II II II II II U Category

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2.03 SATISFACTORY PIPE BEDDING AND INITIAL BACKFILL/ENVELOPE MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. For ductile iron pipe: 1. Dry trench bottom: Bank Run Sand, Screened Sand, Fine Crushed Gravel, Surface Course Gravel, Plant Mixed Gravel, ¾” Crushed Stone or Category I Onsite Material (1” stone maximum). 2. Wet trench bottom: 1½” Crushed Stone. B. For SDR 35 PVC pipe: ¾” Crushed Stone. C. For SCH40 and SCH80 PVC pipe: ¾” Crushed Stone. D. For C900, C905, CL160 or CL200 PVC pipe: 1. Dry trench bottom: Bank Run Sand, Screened Sand, Fine Crushed Gravel, or ¾” Crushed Stone. 2. Wet trench bottom: 1½” Crushed Stone. E. For reinforced concrete pipe: 1. Dry trench bottom: Bank Run Sand, Screened Sand, Fine Crushed Gravel, or ¾” Crushed Stone. 2. Wet trench bottom: ¾” Crushed Stone. F. For solid wall C906 HDPE pipe: 1. Dry trench bottom: Bank Run Sand, Screened Sand, Fine Crushed Gravel, or ¾” Crushed Stone. 2. Wet trench bottom: 1½” Crushed Stone. G. For C901 HDPE tubing: Bank Run Sand, Screened Sand. H. For corrugated HDPE pipe: ¾” Crushed Stone. I. For corrugated metal pipe: ¾” Crushed Stone. J. For copper pipe: Bank Run Sand, Screened Sand.

2.04 SATISFACTORY STRUCTURE BEDDING MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Below precast concrete wastewater manholes, catch basins, stormwater manholes, storage tanks, septic tanks, pump stations, and vaults: ¾” or 1½” Crushed Stone.

2.05 SATISFACTORY TRENCH BACKFILL AND STRUCTURE BACKFILL MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Below any surface treatment other than Lawn and Grass areas or when top edge of excavation is within five horizontal feet of any surface treatment other than Lawn and Grass areas (including, but not limited to, bituminous concrete pavement, curb, sidewalk, or other surface treatment): 1. Bank Run Sand, Screened Sand, Bank Run Gravel, Coarse Crushed Gravel, Fine Crushed Gravel, Dense Graded Crushed Stone, 2. Suitable Blast Rock - only if thickness of Initial Backfill/Envelope is doubled, at no additional cost to the Owner, 3. Category I Onsite Materials, 4. Category I Imported Fill. B. Below Lawn and Grass areas: 1. Bank Run Sand, Screened Sand, Bank Run Gravel, Coarse Crushed Gravel, Fine Crushed Gravel, Dense Graded Crushed Stone, 2. Suitable Blast Rock - only if thickness of Initial Backfill/Envelope is doubled, at no additional cost to the Owner, 3. Category I Onsite Materials,

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4. Category II Onsite Materials, 5. Category I Imported Fill.

2.06 SATISFACTORY FILL MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Below Lawn and Grass Areas: 1. Bank Run Sand, Screened Sand, Bank Run Gravel, Coarse Crushed Gravel, Fine Crushed Gravel, Dense Graded Crushed Stone, 2. Suitable Blast Rock, 3. Category I Onsite Materials, 4. Category II Onsite Materials, 5. Category I Imported Fill. B. Below ALL other areas: refer to Embankment Materials or Subbase Materials.

2.07 SATISFACTORY EMBANKMENT MATERIALS SHALL BE ONE OF THE FOLLOWING: A. All Embankments: Bank Run Gravel, Coarse Crushed Gravel, Dense Graded Crushed Stone, Suitable Blast Rock.

2.08 SATISFACTORY SUBBASE MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Below Bituminous Concrete Pavement: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. B. Below Cast in Place Concrete Curb: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. C. Below Cast in Place Concrete Sidewalk: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. D. Below Granite Curb: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. E. Below Gravel Roadway and Driveway: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. F. Below Gravel Shoulder: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone. G. Below Gravel Sidewalk: Bank Run Gravel, Coarse Crushed Gravel or Dense Graded Crushed Stone.

2.09 SATISFACTORY BASE MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Below Bituminous Concrete Pavement: Fine Crushed Gravel, Plant Mixed Gravel. B. Below Cast in Place Concrete Curb: Fine Crushed Gravel, Plant Mixed Gravel. C. Below Cast in Place Concrete Sidewalk: Fine Crushed Gravel, Plant Mixed Gravel. D. Below Granite Curb: Fine Crushed Gravel, Plant Mixed Gravel. E. Below Gravel Roadway and Driveway: Fine Crushed Gravel, Plant Mixed Gravel. F. Below Gravel Shoulder: Fine Crushed Gravel, Plant Mixed Gravel. G. Below Gravel Sidewalk: Fine Crushed Gravel, Plant Mixed Gravel.

2.10 SATISFACTORY SURFACE TREATMENT MATERIALS SHALL BE ONE OF THE FOLLOWING, AS APPLICABLE: A. Existing surfaces: if not indicated to be replaced otherwise, all disturbed surfaces shall be replaced with materials matching existing, including special finishes, colors, textures or material types. B. Bituminous Concrete Pavement: refer to Section 02511. C. Cast In Place Concrete Curb: refer to Section 03301.

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D. Cast In Place Concrete Sidewalk: refer to Section 03301. E. Granite Curb: refer to Section 03301. F. Gravel Roadway and Driveway: Surface Course Gravel. G. Gravel Shoulder: Surface Course Gravel. H. Gravel Sidewalk: “Sur-Pak” Gravel. I. Lawn and Grass areas: refer to Section 02930.

2.11 GEOTEXTILES A. Subgrade Stabilization Fabric: Shall be Mirafi7 500X woven polypropylene geotextile or approved equal, meeting the following minimum standards:

METRIC ENGLISH

Grab Tensile Strength 0.89 kN 200 lbs

Mullen Burst Strength 2756 kPa 400 psi

Trapezoidal Tear Strength 0.33 kN 75 lbs

Puncture Strength 0.40 kN 90 lbs

UV Deterioration 70% of Strength 70% of Strength

Apparent Opening Size 0.300 mm 50 (U.S. Sieve)

2 Flow Rate 200 l/min/m5 5 gal/min/ft B. Filter Fabric: Shall be Mirafi7 140N non-woven polypropylene geotextile or approved equal, meeting the following minimum standards:

METRIC ENGLISH Grab Tensile Strength 0.53 kN 119 lbs. Mullen Burst Strength 1654 kPa 240 psi Trapezoidal Tear Strength 0.22 kN 49 lbs. Puncture Strength 0.31 kN 70 lbs. UV Deterioration 70% of Strength 70% of Strength Apparent Opening Size 0.212 mm 60 (U.S. Sieve) Flow Rate 5500 l/min/m5 135 gal/min/ft2

PART 3.00 - EXECUTION

3.01 PROTECTION A. Protect buildings, structures, utilities, pipelines, sidewalks, plantings, pavement, and other facilities from damage caused by settlement, lateral movement, undermining, washout, subsidence due to lowering of groundwater and other hazards created by earthwork operations. The Contractor shall be responsible for any repairs or remedial work necessary, at no additional cost to the Owner. B. Provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.

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C. Provide all necessary excavation and trench support systems, materials and equipment necessary to comply with all Local, State and Federal Standards. Excavation and trench support systems shall be kept in place and maintained until no longer required.

3.02 LAYOUT, LINES, GRADES, ELEVATIONS A. All layout shall be performed by the Contractor. B. Provide all qualified personnel and calibrated equipment necessary to establish and maintain all necessary controls for line, grade, elevation and location and to provide all construction layout. C. Preserve all monuments, pins, pipes and rods. If disturbed or lost, the Contractor shall immediately have them replaced or reset by a Licensed Surveyor, at no additional cost to the Owner. D. The Contractor shall be responsible for accurate placement of all work to the locations and elevations shown on the Drawings. E. Horizontal and vertical control lines and elevations shall be set by the Contractor based on reference information provided by the Engineer. From information provided, the Contractor shall verify bench marks and perform all surveys and layout necessary for the completion of work. F. The accuracy of the Contractor’s survey and layout is the sole responsibility of the Contractor, and review of the survey and/or layout by the Engineer does not constitute a transferal of responsibility for accuracy.

3.03 DEWATERING A. Prevent surface water and groundwater from entering excavations, from ponding on prepared Subgrade, Embankment, Subbase, Base or Fill, and from flooding Project site and surrounding area. B. Provide all necessary pumps, well points and other equipment and materials necessary for control and removal of surface and groundwater. The Contractor may encounter surface and groundwater in excavations. Pricing shall include all dewatering operations. Additional compensation for such work, over and above the contract price, shall not be approved. C. Protect all surfaces from softening, undermining, washout and damage by rain or water accumulation. Reroute surface water runoff away from excavated areas. Do not use excavated trenches as temporary drainage ditches. D. Install a dewatering system(s) to keep Subgrade dry and convey groundwater away from excavations. Maintain until dewatering is no longer required. E. Water discharged from dewatering operations shall be directed to stable vegetated areas, properly sized dewatering silt capturing bag, or properly sized sedimentation pond. State Water Quality standards shall be maintained at all times.

3.04 EXCAVATING A. Excavate to grades, depths, elevations and dimensions as shown on Drawings, or as required, within a tolerance of plus or minus one inch. B. Do not disturb Subgrade.

3.05 UNAUTHORIZED EXCAVATIONS A. Fill unauthorized excavations with Bedding, Embankment or Subbase materials, as appropriate, at no additional cost to the Owner.

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3.06 STORAGE OF MATERIAL A. Stockpile material without intermixing. Place, grade, and shape stockpiles to drain surface water. B. Cover stockpiles to prevent windblown dust if necessary. C. Provide necessary erosion control measures to prevent migration of stockpiled materials. D. Stockpile materials away from edge of excavations. Do not store within drip line of trees to remain.

3.07 DISPOSAL OF UNSUITABLE ONSITE MATERIAL, SURPLUS ONSITE MATERIAL AND WASTE MATERIAL A. Remove Unsuitable Onsite Material, surplus Onsite Material, waste material, trash and debris and legally dispose of it off the Owner=s property. B. If surplus material disposal site(s) are indicated on the Drawings, the Contractor shall transport materials to designated areas. Spread or stockpile materials as directed.

3.08 TRENCHING A. Excavate to indicated grades, depths, elevations and dimensions and to uniform widths to provide a working clearance on each side of pipe or Structure. B. Excavate trenches to required depth below pipe or Structure elevation to allow proper depth and width of Bedding course.

3.09 PIPE BEDDING AND STRUCTURE BEDDING A. Place required Bedding material to depth and width indicated. Shape Bedding course to provide continuous support for bells, joints and barrels of pipes, fittings and Structures. Care shall be taken to not have any part of the pipe or structure bearing on rocks. "Point contact" at fittings, joints or along the pipe length is not allowed. B. If the Engineer determines that unsatisfactory or unstable Subgrade exists, continue excavation and replace with additional Bedding material. C. Compact Bedding material to density specified in Schedule below.

3.10 PIPE AND STRUCTURE INITIAL BACKFILL/ENVELOPE A. Place required Initial Backfill/Envelope material to depth and width indicated. Provide proper haunching and support for bells, joints and barrels of pipes and fittings. Bring Initial Backfill/Envelope material evenly up on sides and along full length of piping or Structure. Do not damage or displace pipe or Structure. B. Compact Initial Backfill/Envelope material to density specified in Schedule below.

3.11 TRENCH BACKFILLING AND STRUCTURE BACKFILLING A. Place required Trench Backfill and Structure Backfill material in lifts evenly along full length of piping and evenly on all sides of Structure. Do not damage or displace pipe or Structure. B. Compact each lift of Trench Backfill and Structure Backfill material to density specified in Schedule below. C. As trench or excavation support system is removed, do not disturb Trench Backfill and Structure Backfill material. D. Install warning tape directly above pipe at depth indicated on Drawings. E. Continue backfilling and compacting to bottom of Embankment, Subbase or Base, as applicable.

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3.12 SUBGRADE PREPARATION A. Notify the Engineer when excavations have reached required Subgrade. B. Subgrade shall be crowned or sloped to shed groundwater as indicated on the Drawings, or directed by the Engineer. C. Proof roll Subgrade with loaded ten-wheel dump truck to identify soft, spongy or unstable areas or areas of excess yielding or shoving. Do not proof roll wet or saturated Subgrade. If the Engineer determines that unsatisfactory soil is present, continue excavation and replace with additional Bedding, Embankment or Subbase material, as appropriate. D. Reconstruct Subgrade damaged by freezing temperatures, frost, rain, accumulated water or construction traffic or activities, as directed by the Engineer, at no additional cost to the Owner.

3.13 SUBGRADE STABILIZATION/SEPARATION GEOTEXTILE INSTALLATION A. Install specified Subgrade Stabilization/Separation Fabric on prepared Subgrade according to manufacturer’s instructions. Fabric shall be rolled out flat and tight with no folds. B. Fabric shall be overlapped a minimum of two feet at all seams. C. Fabric shall be properly anchored as necessary. D. Do not allow traffic or equipment to travel on fabric. E. Protect fabric from damage and weather. F. Any torn or damaged areas shall be replaced or overlaid with new sections of fabric. G. All seams at replacement sections shall be overlapped a minimum of three feet.

3.14 EMBANKMENT INSTALLATION A. Place required Embankment material in lifts on prepared Subgrade, evenly across width and length. B. Compact each lift of Embankment material to density specified in Schedule below. C. Continue placing and compacting Embankment material in lifts to grades, elevations, thickness, dimensions, cross slope and cross section shown on the Drawings.

3.15 SUBBASE A. Place required Subbase material in lifts on prepared Embankment, or Subgrade if no Embankment, evenly across width and length. B. Compact each lift of Subbase material to density specified in Schedule below. C. Continue placing and compacting Subbase material in lifts to grades, elevations, thickness, dimensions, cross slope and cross section shown on the Drawings.

3.16 BASE A. Place required Base material in lifts on prepared Subbase, or Subgrade if no Subbase, evenly across width and length. B. Compact each lift of Base material to density specified in Schedule below. C. Continue placing and compacting Base material in lifts to grades, elevations, thickness, dimensions, cross slope and cross section shown on the Drawings.

3.17 FILLING AND GRADING A. Place required Fill material in lifts on prepared Subgrade evenly across width and length. B. Compact each lift of Fill material to density specified in Schedule below.

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C. Continue filling and compacting in lifts to grades, elevations and dimensions shown on the Drawings. D. The Contractor shall provide positive drainage at all finish surfaces.

3.18 SURFACE TREATMENT INSTALLATION A. Existing surfaces: unless indicated to be replaced otherwise, all disturbed surfaces shall be replaced to existing or better condition, location and elevation. B. Bituminous Concrete Pavement: refer to Section 02511. C. Cast In Place Concrete Curb: refer to Section 03301. D. Cast In Place Concrete Sidewalk: refer to Section 03301. E. Granite Curb: refer to Section 03301. F. Gravel Roadway and Driveway, Gravel Shoulder, Gravel Sidewalk: 1. Place required material in lifts on prepared Subbase, or Base if no Subbase, evenly across width and length. 2. Compact each lift of material to density specified in Schedule below. 3. Continue placing and compacting material in lifts to grades, elevations, thickness, dimensions, cross slope and cross section shown on the Drawings. G. Lawn and Grass areas: refer to Section 02930.

3.19 SCHEDULE OF REQUIRED COMPACTION A. Material shall be compacted with appropriate equipment, at the optimum moisture content, to the following percentage of the maximum dry density of the material determined by ASTM Standard Method D1557 (modified proctor): 1. Pipe Bedding and Initial Backfill/Envelope Materials: 95%. 2. Trench Backfill and Structure Backfill Materials: a. Below any surface treatment other than Lawn and Grass areas or when top edge of excavation is within five feet of any surface treatment other than Lawn and Grass areas (including, but not limited to, bituminous concrete pavement, curb, sidewalk, or other surface treatment): 90%. b. Below Lawn and Grass areas: 85%. 3. Fill Materials: a. Lawn and Grass Areas: 85%. b. All other areas: refer to Embankment Materials or Subbase Materials. 4. Embankment Materials: 95%. 5. Subbase Materials: 95%. 6. Base Materials: 95%. 7. Gravel Roadways and Driveways: 90%. 8. Gravel Shoulders: 90%. 9. Gravel Sidewalks: 90%. B. Jetting is not an acceptable method of compaction.

3.20 RIP-RAP INSTALLATION A. Rip Rap Systems shall be “Constructed” in such a manner that the end product will resemble the well blended and consolidated rock mass that is depicted in the Detail. B. “Dumping” rocks in a pile will not be an acceptable method of installation.

END OF SECTION 02300

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SECTION 02301 - ROCK REMOVAL

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Furnishing all labor, equipment, materials, and services, and performing operations required to remove rock as specified, utilizing controlled blasting techniques such that resulting ground vibrations are consistently maintained below the maximum levels specified. B. Protecting new and existing facilities, workers, Owner, and the general public from damage or injury from improper handling of explosives, flyrock, and excessive ground vibrations. C. Furnishing, installing, and implementing an audible warning system to indicate impending blasting and familiarizing workers, engineer, Owner, and the general public with the system implemented. D. Conducting blasting monitoring as required to excavate rock utilizing the blast monitoring procedures and equipment specified and provide monitoring reports to the Engineer. E. The Contractor shall obtain and pay for all permits, insurance and licenses required to complete the work of this Section, at no additional cost to the Owner. F. Conducting and documenting the required pre-blast and post-blast surveys.

1.02 REFERENCE STANDARDS A. Federal Mine Safety and Health Administration Safety Standards for Explosives. B. The Contractor shall comply with all applicable laws, rules, ordinances, codes, permits, and regulations of the Federal Government, the State of Vermont, and the municipality, governing the transportation, storage, handling, and the use of explosives. All labor, materials, equipment, and services necessary to make the blasting operations comply with such requirements shall be provided without additional cost to the owner. C. The Contractor shall comply with the following regulations: 1. Vermont Occupational Safety and Health Administration (VOSHA) Safety and Health Standards for Construction. 2. Codes for the manufacture, transportation, storage, and use of explosives and blasting agents. D. The Vermont Fire Prevention and Building Code (latest edition) from the Vermont Labor and Industry Specifications, with reference to the NFPA 495 Explosive Material Code (latest edition). E. In case of conflict between regulations or between regulations and Specifications, the Contractor shall comply with the strictest applicable code, regulation, or Specifications.

1.03 SUBMITTALS A. Advance Submittals: 1. The Contractor shall submit the following information to the Engineer at least one (1) week prior to commencing drilling and blasting operations: a. “Pre-Blast Survey” i. The Contractor shall have prepared, by an independent consultant satisfactory to the Owner, a “Pre-Blast Survey” of all

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existing structures and utilities on the site and within 250 feet of the site, or greater if determined necessary by the Blaster. Said survey shall address the structural integrity of all existing structures and utilities. Upon completion of blasting operations, the Contractor shall have prepared, by the same independent agency, a survey addressing the structural integrity of the same structures and utilities. b. Blaster’s Insurance Certificates. c. Methods of matting or covering of the blast area. d. Written evidence of the licensing, experience, and qualifications of the blasters who will be directly responsible for the loading of each shot and for firing it. e. Details of an audible advance signal system to be employed at the job site as a means of informing workers, Engineer, Owner and the general public that a blast is about to occur. f. List of instrumentation that the Contractor proposes to use to monitor vibrations. g. Recent calibration certificate(s) (within previous six (6) months) for the entire proposed blast monitoring instrumentation. Calibration shall be over the required frequency response ranges specified for blast monitoring instrumentation and to a standard traceable to the National Bureau of Standards. h. Submit a shop drawing indicating the location(s), limits, and details of initial test blast(s) proposed by the Contractor to define the relation between charge weight per delay and peak particle velocity level. i. Submit and a Ledge Blasting Notice to be handed out to residents and businesses in the adjacent and surrounding blasting area of the Project. The notice shall indicate the Notification Date, Project Name, Project Location, Blasting Duration Date(s), Site Contactor - Name, Contact Person, Phone Number and Company Address, and Blasting Company - Name, Contact Person, Phone Number and Company Address. The notice shall inform of the signage that will be posted, type of traffic control if applicable and description of the audible warning signals. B. Progress Submittals: 1. Within 24 hours following each blast, the Contractor shall submit to the Engineer a Blast Monitoring Report. Payment shall be withheld if Blast Monitoring Reports are not supplied. Each Blast Monitoring Report shall include all of the following applicable items. a. Report of Blast Monitoring including observer identification, location, time, date, charge weight per delay, total charge weight per blast, monitor instrumentation location and information, particle velocity readings. b. Blast Monitoring Location Plan. c. General Blast Round Design Data including blast pattern, charge weights, and distributions, other pertinent information, and location. d. Copy of strip chart from seismograph with calibration and monitoring record marked with the date, time, and location of the blast as well as the monitoring location. Copy shall be legible. 2. Prior to changing the blast round designs, the Engineer shall be informed in

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writing as to the nature of the change and the reasons therefore. 3. In the event that the Contractor’s design round results in ground vibrations which exceed the blasting limit criteria specified in this Section, the Contractor shall immediately revise the round design appropriately. 4. Review by the Engineer of blast designs and techniques shall not relieve the Contractor of responsibility for the accuracy, adequacy, and safety of the blasting, exercising proper supervision and field judgment, and producing the results within the blasting limits required by these Specifications. 5. The Contractor shall report to the Engineer in writing all blasting complaints received by the Contractor within 24 hours of receipt. The Contractor shall provide the following information: complainant, date and time received, date and time of blast complained about, and a description of the circumstances which led to the complaint. 6. The Contractor shall submit the following information to the Engineer at least one (1) week after drilling and blasting operations has ended: a. “Post-Blast Survey” i. The Contractor shall have prepared, by an independent consultant satisfactory to the Owner, a “Post-Blast Survey” of all existing structures and utilities on the site and within 250 feet of the site, or greater if determined necessary by the Blaster. Said survey shall address the structural integrity of all existing structures and utilities. Upon completion of blasting operations, the Contractor shall have prepared, by the same independent agency, a survey addressing the structural integrity of the same structures and utilities.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for the work. B. The Contractor shall protect materials before, during and after work. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall rework all rock removal items that do not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner. D. Contractor Qualifications 1. The term “blaster” and “Contractor” shall include, in this specification section, a qualified professional licensed blasting contractor with a minimum of 5 years experience in the design, review, evaluation, and actual field experience in blasting operations. The blaster shall assign an experienced, qualified Superintendent to be on the job site at all times to review the blasting operations and direct such changes in the blasting operation to meet the requirements of these Specifications. The Superintendent shall have a minimum of 5 years of experience in field blasting work. 2. All blasting shall be conducted by persons qualified and experienced in drilling and controlled blasting procedures for rock excavation of the types required. Persons responsible for blasting shall be licensed blasters in the State of Vermont and shall have had acceptable experience in similar excavations in rock and controlled blasting techniques. The Contractor must submit a list of

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previous similar projects he or she and the field Superintendent have completed. Drillers shall have demonstrated proficiency in collaring and drilling holes precisely. E. Blasting Limit Criteria: 1. Peak Particle Velocity Limits: a. The blaster shall conduct all blasting in such a manner that the resulting peak particle velocity does not exceed 1.0 inches per second at the ground line adjacent to any existing structures in the vicinity of the project. b. If circumstances, project conditions, surrounding structures or facilities require a lower peak particle velocity threshold, the blaster shall alter their methods to meet such limit without additional cost to the Owner. 2. The blaster shall conduct all blasting in such a manner that conforms to chapter 8 of the NFPA 495 titled “Ground Vibrations, Airblast, Flyrock”. The more stringent (i.e., lower peak particle velocity) of the two criteria (Section 8-1.1 and Section 8-1.2) cited in this standard shall apply. These vibration criteria shall also apply to all mechanical methods of rock removal (e.g., hoe-ramming). F. Blasting Monitoring: 1. The Contractor shall monitor and record peak particle velocity resulting from all blast rounds fired for the project. G. Blast Monitoring Reports: 1. Following each blast, a Blast Monitoring Report shall be submitted to the Engineer within 24 hours of the blast as specified. H. Blast Monitoring Instrumentation: 1. All instrumentation shall be in proper working order for each monitored blast.

1.05 DEFINITIONS RELATING TO THIS SPECIFICATION A. Controlled blasting: Shall be considered to mean excavation in rock in which the various elements of the blast, including hole size, position, alignment, depth, spacing, burden, charge size, distribution, and delay sequence are carefully controlled to fracture the rock so as to allow excavation of the rock to the desired lines with a relatively uniform surface and minimum overbreak and fracture of rock beyond the design excavation limits and to maintain resulting ground vibrations within specified limits. B. Earth: All excavated materials not defined as rock. C. Flyrock: Fractured rock or soil propelled through the air resulting from blasting if not prevented by use of blasting mats. D. Geophone or vibration transducer: A sensor used to monitor ground vibrations (particle velocity components). E. Overbreak: The excess amount of rock removed by and/or resulting from blasting outside, below or beyond Contract payment limits. F. Peak particle velocity: The maximum of any one of the three mutually perpendicular ground motion velocity components of a vibration measured in directions vertical, radial, and perpendicular to the vibration source. G. Rock: Material which is geologically classified as intact bedrock or boulders, and requires systematic drilling and blasting for removal, or removal by an excavator mounted demolition “hoe ram”. Rock also includes boulders or loose rock fragments that are individually greater than two (2) cubic yards in volume.

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H. Seismograph: An instrument used to record the magnitude and frequency of ground vibrations sensed by a geophone.

PART 2.00 - PRODUCTS

2.01 EXPLOSIVES A. All explosive material shall be of high quality, properly stored and handled to prevent damage by water, heat or weather. Any “duds” are to be immediately removed from the project by the blaster.

PART 3.00 - EXECUTION

3.01 JOB CONDITIONS A. Notifications: 1. Prior to blasting, within 48-hours prior to the start of blasting, the approved ledge blasting notice shall be issued to adjacent residents and businesses within 250-feet of the project limits. B. Blasting: 1. Blasting shall NOT be permitted between the hours of 5:00 p.m. and 8:00 a.m., and all day Saturday, Sunday, and legal holidays. 2. The Contractor shall provide suitable advanced warning prior to detonating a blast. C. Vibration Control: 1. The Contractor shall monitor vibrations for all blast(s) during the course of the work. 2. Blasting operations shall be controlled to conform with the requirements in this Section. 3. If the data indicates that these requirements are not being met, the Contractor shall take whatever measures are necessary, including reducing the size of the charge, reducing the length of advance, covering, or matting blasts, to reduce vibrations to below the maximum permissible levels specified. 4. The Contractor shall install a signal system between the location of the blasting switch and the monitoring instrument locations so instrument operators may be notified immediately prior to detonation. The signal system shall be relocated whenever the instruments are moved. 5. The Contractor shall maintain peak particle velocities within the specified limits, and minimize damage to rock left in place. Modifications to blasting and excavation methods required to meet these requirements shall be undertaken at no additional cost to the Owner. 6. All necessary blasting shall be done before any concrete or masonry work, to avoid damage to “green” cement. All blasting necessary for pipelines shall be done so as not to damage previously installed components.

3.02 SAFETY PRECAUTIONS A. Special Hazards: 1. The Contractor shall take all special precautions in handling, storage, and wiring necessary to prevent accidental detonation of charges by natural (e.g. thunderstorms) or man made (e.g. power lines, transmitters) sources. B. Clearing the Danger Area Before Blasting:

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1. No blasting shall be permitted until all personnel in the danger area have been removed to a place of safety. A loud, audible, warning system shall be sounded before each blast. The Contractor shall familiarize all personnel on the project, the Engineer, Owner, and the general public with the implemented system. The danger area shall be patrolled before each blast to make certain that it has been completely cleared and guards shall be stationed to prevent entry until the area has been cleared by the blaster following the blast. C. Explosives shall be stored, handled, and employed in accordance with federal, state, and local regulations and in accordance with N.F.P.A codes. D. No explosives, caps, detonators, or fuses shall be stored on the site during non-working hours unless a permit has been obtained from the State and Municipality and submitted to the Engineer. E. The Contractor shall be responsible for determining any other safety requirements unique to blasting operations on this particular site so as not to endanger life, property, utility services, any existing or new facilities, or any property adjacent to the site. F. The Contractor shall be completely responsible for all damages resulting from the blasting operations and shall, as a minimum, take whatever measures are necessary to maintain peak particle velocities within the specified limits, and to minimize damage to rock left in place. Modifications to blasting and excavation methods required to meet these requirements shall be undertaken at no cost to the Owner. G. Immediately after each blast, the sidewalls of rock excavations shall be scaled to dislodge loose or shattered rock liable to fall. Previously excavated portions shall also be routinely tested and scaled. H. No requirement of, or omission to require, any precautions under this contract shall be deemed to limit or impair any responsibility or obligations assumed by the Contractor under or in connection with a project; and the Contractor shall at all times maintain adequate protection to safeguard the public and all persons engaged in the work, and shall take such precautions as will accomplish such end, without undue interference to the public. The Contractor shall be responsible for and pay for any damage to adjacent facilities resulting from work executed under this Section.

3.03 MONITORING PROCEDURE A. Mount, place, and locate instrumentation to monitor the most critical and/or closest facility in the blasting area, in the probable shock wave path. B. Alignment of the axis of vibration measurement: 1. Axis 1: Vertical. 2. Axis 2: Horizontal, radial direction to the blast location. 3. Axis 3: Horizontal, perpendicular to the radial direction. C. Set the strip chart(s) speed in accordance with instrumentation manufacturer’s recommendations. D. Make a calibration strip chart before blast detonation in accordance with instrumentation manufacturer’s recommendations. E. Clearly label the strip chart with calibration levels, control settings, location, time, and date of blast. F. Coordinate closely with the blaster such that the strip chart is advancing at the time the blast is detonated. G. During the measurement period, observe instrumentation to ensure that recorded vibrations correspond to blasting and not some other source.

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3.04 EXCESS ROCK EXCAVATION A. If rock is overbroken or excavated beyond the limits of the payment specified, the excess excavation, whether resulting from overbreak or other causes, shall be backfilled as noted below, at no additional cost to the Owner. B. In pipe trenches, excess excavation shall be filled with material of the same type, placed and compacted in the same manner, as specified for the bedding. C. In excavations for structures, excess excavation shall be filled with material of the same type, placed and compacted in the same manner, as specified for the structure base. D. If the rock beyond or below the payment limits is overbroken, “humped” or causes damage or potential damage to the existing surfaces (i.e. sidewalk, road, etc.) due to drilling or blasting operations of the Contractor, the shattered rock shall be removed and the excavation shall be backfilled as previously specified. All such removal and backfilling shall be done at no additional cost to the Owner. E. If the rock beyond or below the normal depth is shattered due to drilling or blasting operations of the Contractor, and the Engineer considers such rock to be unfit for foundations or bedding, the shattered rock shall be removed and the excavation shall be backfilled as previously specified. All such removal and backfilling shall be done at no additional cost to the Owner.

3.05 PREPARATION OF ROCK SURFACES A. When rock surface is to remain and to be incorporated into the Project, the Contractor shall remove all dirt and loose rock and shall clean the surface of the rock. The designated area shall be observed to determine whether seams or other defects exist, and if the rock is competent. B. The surfaces of rock foundations shall be left sufficiently rough to bond to masonry, concrete or embankment, as applicable. If necessary, benches or steps shall be excavated. C. Before any masonry, concrete or embankment is built on or against the rock, the rock shall be completely freed from all vegetation, dirt, sand, clay, earth, boulders, scale, loose fragments, cracked rock, ice, snow and other objectionable substances.

3.06 DRILLING AND BLASTING OF SOLID ROCK ROAD SUBGRADE A. Blasted rock road subgrade shall be shattered to a depth of four (4) feet below road subgrade elevation to eliminate water pockets. The area of blasted rock road subgrade shall extend sufficiently beyond the beginning and end of cut areas. Any rock that protrudes above the road subgrade elevation shall be removed to the subgrade elevation.

3.07 DISPOSAL OF EXCAVATED ROCK A. Refer to the Earthwork specification regarding reuse of excavated rock. B. Surplus excavated rock shall be disposed of by the Contractor at a suitable location, unless Contract conditions or Drawings specify otherwise.

END OF SECTION 02301

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SECTION 02350 - CONTAMINATED EARTHWORK

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Qualified labor, materials, equipment, services, consultants, and specialists required to work in contaminated soils, including but not limited to, installing piping systems and related work. B. All necessary items required for work in areas determined to contain contaminated soils and groundwater, and for completing the handling, removal, treatment and disposal of contaminated soils and groundwater.

1.02 REFERENCE STANDARDS Information and requirements contained in this Specification are based on the most recent version of the following standards: A. U.S. Department of Labor Occupational Safety & Health Administration (OSHA) Standards (29 CFR) for Hazardous Waste Operations and Emergency Response Regulation 1910.120, and related State of Vermont VOSHA regulations. B. Vermont Agency of Natural Resources (VTANR) “Hazardous Waste Management Regulations” (latest edition). C. Vermont Agency of Natural Resources (VTANR) Agency “Guidelines for Petroleum Contaminated Soil and Debris” (latest edition). D. Vermont Agency of Natural Resources (VTANR) Waste Management and Prevention Division (WMPD) “Guidance for Construction of Public Works Project in Areas Where Contamination is Suspected or Known” (latest edition). E. Vermont Agency of Natural Resources (VTANR) Waste Management and Prevention Division (WMPD), “Investigation and Remediation of Contaminated Properties Procedure”, (latest edition). F. Vermont Agency of Natural Resources (VTANR) Waste Management and Prevention Division (WMPD), “Procedures for Reimbursement from the Petroleum Cleanup Fund (PCF)”, (latest edition). G. Vermont Agency of Natural Resources (VTANR) Waste Management and Prevention Division (WMPD), “Policy for Characterization and Disposal of Development Soils (Act 52)”, (latest edition). H. The State of Vermont documents noted above may be found at: http://dec.vermont.gov/waste-management/contaminated-sites/guidance

1.03 CONTAMINATED SOILS A. Contaminated Soils are those impacted by the presence of manmade chemicals in the natural soil environment typically resulting from industrial, agricultural, or commercial activity, or improper disposal of waste. The most common chemicals are petroleum hydrocarbons, polynuclear aromatic hydrocarbons, solvents, pesticides, lead, and other heavy metals. B. The most common type of soil contamination is petroleum contamination (ex. gasoline, diesel, fuel oil, kerosene), which may include visual sheens and oily appearance, dark-colored soil, and aromatic or pungent odors. C. Contaminated Soils requiring action under this specification are those exhibiting a volatile organic compound (VOC) concentration in excess of limits set by the State of Vermont, as defined in the Hazardous Waste Management Regulations (latest edition).

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D. Distinct zones of contaminated excavation shall be defined as those contaminated areas separated by more than five hundred feet of non-contaminated soils.

1.04 SUBMITTALS A. The Contractor shall submit the name and qualifications of the Environmental and Safety Consultant (ESC) to be utilized for work outlined in this specification. B. The Contractor shall submit a project specific Health and Safety Plan (HASP), for the Owner’s and Engineer’s records. C. The Contractor shall submit a Management Plan and receive concurrence from WMPD prior to any work being performed in identified contaminated areas. The Contractor shall submit copies of WMPD concurrence/approvals of the Management Plan, for the Owner’s and Engineer’s records. D. The Contractor shall submit all Closure Documents and reports required by the State and Federal laws. E. The Contractor shall provide all applicable documentation necessary for the Owner’s reimbursement request to WMPD’s Petroleum Cleanup Fund (PCF). F. The Contractor shall submit manufacturer’s certified data for each type of material substitution required due to the presence of contaminated soil, including: dimensions, specifications, and materials.

1.05 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for work in contaminated soils and groundwater. B. The Contractor shall hire an ESC which has documented direct experience with working with in the investigation and cleanup of contaminated properties, the VTANR PCE, and must be acceptable to WMPD. C. The ESC shall submit a Management Plan to the WMPD prior to starting work within areas identified as containing Contaminated Soils. The Management Plan shall be in accordance to WMPD guidance. The ESC shall be present on site during excavating, handling, and backfilling of contaminated soils to confirm the Contractor’s compliance with the approved Plan. D. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all items that do not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 INITIAL SITE ASSESSMENT A. The Contractor’s ESC shall complete an initial site assessment to determine the presence of contaminants within the zone of excavation, estimate the level of contamination utilizing a photoionization detector (PID), and estimate the quantity and extent of the zone of contamination within the excavation area. The Engineer shall be onsite during testing. B. The ESC shall provide an Initial Site Assessment to the Owner, Engineer, and WMPD for review and approval prior to proceeding with any subsequent phases of work.

2.02 HEALTH AND SAFETY PLAN A. The Contractor shall develop a project specific Health and Safety Plan (HASP), should petroleum-based contamination be discovered. Contractor shall be aware of and

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abide by the recommendations of the HASP. B. The Health and Safety Plan shall be developed by a health and safety consultant or ESC retained by the Contractor. At a minimum, this plan shall encompass the following: 1. Screening of in-place soils for volatile organic compound (VOC) concentrations. 2. Air quality monitoring within the breathing zone both above and within the pipe trench. Air quality data shall be reported to the Contractor’s safety officer who shall direct the trench workers to take appropriate safety precautions. 3. On-site training in the proper use of safety devices, equipment, and clothing required for work in contaminated soils. The HASP shall identify work methods, devices, equipment, clothing, and personnel necessary for the various work conditions indicated. C. Submission of a HASP does not relieve the Contractor from the safety obligations required as conditions of this Contract. Contractor has sole responsibility to maintain compliance with all OSHA/VOSHA/NIOSH standards for worker safety at all times.

2.03 MANAGEMENT PLAN A. The Contractor’s ESC shall prepare a Management Plan (MP) for Contaminated Soils. The ESC’s MP shall evaluate suspected contaminated soils, determine the level of contamination using a PID, visual, and olfactory senses, estimate the extent and volume of Contaminated Soils, identify the source(s) and pathways by which the contaminants are or could be conveyed to different environmental receptors, and determine how to properly handle the contaminated soils. B. As part of the MP, the ESC shall evaluate and present to WMPD, the Engineer, and the Owner the options for reuse of contaminated soils as onsite excavation backfill, and/or offsite treatment and disposal of contaminated soil not suitable for use as backfill. 1. For onsite use of contaminated soil for backfill, the ESC shall provide an evaluation of soils using PID, visual, and olfactory senses, and recommendations for its use. The evaluation shall be submitted to and approved by the WMPD. 2. For offsite treatment/disposal, the offsite options are; a. Disposal at an in-state, certified lined landfill (as waste or daily cover), following approval from the owner/operator of the landfill, the WMPD’s Solid Waste Program, and the Sites Management Section (SMS). Approval to dispose of soils in-state must be granted by the SMS. The Contractor/ESC shall provide written proof that the soils were disposed of at such facilities, or b. Disposal at an out-of-state approved asphalt batch or thermal desorption plant. Approval to dispose of soils out-of-state must be granted by the SMS. The Contractor/ESC shall provide written proof that the soils were disposed of at such facilities, or c. Disposal at an out-of-state hazardous waste disposal facility. Approval to dispose of soils out-of-state must be granted by the SMS. The Contractor/ESC shall provide written proof that the soils were disposed of at such facilities. C. As part of the MP for Contaminated Soils, the Contractor’s ESC shall evaluate the potential for encountering groundwater and develop a plan for sampling, handling, treatment, and disposal of contaminated groundwater. The evaluation shall be submitted to and approved by the SMS and WMPD.

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2.04 END OF WORK SUMMARY REPORT A. The ESC shall prepare a Summary Report describing the degree and extent of contamination encountered, how contaminated soils and/or groundwater was handled and/or disposed of, sample results, worker protection levels used, and any other pertinent information. The evaluation shall be submitted to and approved by the WMPD.

2.05 PETROLEUM CLEAN-UP FUND REIMBURSEMENT DOCUMENTATION A. Prior to the start of work within the zone of contaminated soils, the ESC shall provide a preliminary cost estimate to the WMPD for eligibility review under the Petroleum Cleanup Fund (PCF) and WMPD’s findings shall be reported to the Owner. B. The ESC shall submit claims, at the Owner’s direction, for PCF reimbursable costs, on applicable forms and with supporting documentation, to the WMPD. Work shall be completed in conformance with WMPD’s Procedures for Reimbursement from the Petroleum Cleanup Fund (latest edition).

2.06 PERSONNEL AND EQUIPMENT A. Contractor shall provide personnel appropriately equipped with personal protective equipment as necessary for the site conditions in accordance with OSHA Regulation 1910.120. B. Contractor shall supply all necessary safety devices, equipment, and clothing required for work in contaminated soils. C. Contractor shall hire an ESC to oversee operations within areas of contaminated soils. The Contractor’s ESC shall have all the equipment and personnel necessary to assess the level of contamination encountered in the excavation in accordance with OSHA regulation 1910.120 and the VTANR WMPD guidance. D. Contractor shall supply trench ventilation equipment to provide air exchanges to the trench air necessary to meet air quality limits for safe working conditions.

2.07 MATERIAL SUBSTITUTIONS AND ADDITIONAL REQUIREMENTS A. If contaminated soils are encountered, the following material substitutions shall be made: 1. Non-Ductile Iron Pipe shall be changed to Ductile Iron, meeting the appropriate piping specification unless otherwise required. 2. Non-Copper Tubing shall be changed to Copper, meeting the appropriate piping specification unless otherwise required. 3. Fluoroelastomer gaskets resistant to petrochemicals, and most chemicals and solvents shall be substituted for standard (butyl) gaskets for all pipe and fittings installed in petroleum contaminated soils. Fluoroelastomer gaskets shall be clearly labeled to differentiate them from standard gasket material. 4. Manhole boots as well as other rubber or synthetic products adversely affected by installation in contaminated soils shall be replaced by similar items made of Nitrile or other products resistant to chemicals. 5. Trench plugs shall be consist of Bentonite Clay installed at the limits of excavation in each area of contaminated earthwork. Bentonite trench plugs shall be the full trench width, one foot along the pipeline, one foot below the bottom of the regular trench and one foot above evidence of the seasonal high groundwater table. B. Material substitutions shall be submitted to the Design Engineer for review.

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2.08 FEES AND PERMITS A. Contractor shall pay all fees and obtain all necessary permits associated with contaminated soil and water handling, removal, transport, treatment, and disposal.

PART 3.00 - EXECUTION

3.01 NOTIFICATION A. Contractor shall stop excavation of soil and dewatering of site if olfactory, visual, or other indicators suggests that excavated soil or groundwater appears to be contaminated with petroleum or hazardous materials and notify the Engineer, and the Owner. B. Contractor shall promptly notify the WMPD, the Engineer, and the Owner, when contaminated soils are confirmed in locations within the project pay limits.

3.02 SEQUENCING A. Upon recognition/identification of the contaminated soils, the Contractor shall cease activities in the area and move operations to an unaffected portion of the project. Work in the contaminated area shall not continue until measures indicated in this Specification are implemented. B. The Contractor shall hire an Environmental and Safety Consultant(s) (ESC) to assess the environmental contamination and associated work safety conditions. These findings shall be provided to the WMPD, the Engineer and the Owner. 1. The ESC shall complete an Initial Site Assessment to determine if the suspect soils are contaminated and provide evidence documenting contamination levels and type. 2. The ESC shall prepare a project specific Health and Safety Plan, which defines the working conditions, and necessary oversight and monitor requirements for the Contractor’s operations while working with contaminated soil and groundwater, 3. The ESC shall prepare a project specific Contaminated Soils Management Plan and provide copies to the WMPD, the Engineer, and the Owner. Should the Contractor’s ESC determine that Contaminated Groundwater will be encountered in volumes that are likely to require pumping and removal from the excavation, the ESC shall include a project specific dewatering plan. C. The WMPD, Project Engineer, and Owner shall review and approve the recommendations included in Management Plan, prior to the Contractor proceeding with work within contaminated areas. D. Upon approval of the Management Plan, the Contractor shall proceed with work in conformance with the HASP, Management Plan, and project documents. All work within contaminated areas shall be monitored by the Contractor’s ESC and the Engineer. E. The Contractor’s ESC shall prepare required reports and documentation as necessary for the reimbursement of expenses through the Vermont Petroleum Cleanup Fund program and submit all closure documents and reports to WMPD.

3.03 PROTECTION A. All work in and near contaminated soils shall be performed in strict accordance with the project specific HASP, as well as OSHA and other safety guidelines regulating work in petroleum contaminated soils.

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B. Contractor has sole responsibility to maintain compliance with all OSHA/VOSHA standards for worker safety at all times. C. Contaminated Soils remaining on site shall be handled in compliance with the requirements of the Health and Safety Plan and the Management Plan. D. Contaminated Soils removed from the project site shall be loaded, transported, treated and disposed of in accordance with the Health and Safety Plan, the Management Plan, and all applicable environmental and safety regulations.

3.04 EXCAVATION A. The soil in the zone of excavation shall be tested by the ESC, using a photoionization device (PID) with bag headspace protocol or other approved screening methods. Soil that contains VOC concentrations less than ten parts per million (10 ppm) or have been permitted by the WMPD to be used as backfill shall be temporarily stockpiled for reuse as backfill, if the material meets the requirements for backfill indicated in Section 02300. B. Temporary stockpiles shall be in conformance with the requirements of the approved Management Plan and HASP. C. Excavated Contaminated Soils that may not be used as trench backfill shall be loaded and transported to the approved disposal/treatment area. The Contractor shall not temporarily stockpile Contaminated Soils that will not be used as backfill for future transport, without prior approval of the WMPD of the location, safety measures, and environmental protections to be implemented.

3.05 DEWATERING A. All efforts shall be made by the Contractor to contain groundwater within the trench by over excavation and use of stone bedding under the pipe. If groundwater is to be removed from the trench, the Contractor shall be responsible to remove, store and treat/dispose of contaminated groundwater in accordance with the recommendations of the ESC as approved by the WMPD and in conformance with applicable regulations. B. The Contractor’s ESC shall monitor all contaminated groundwater handling, collecting, treatment and discharge.

3.06 REUSE OF CONTAMINATED SOILS A. Every effort shall be made to use contaminated soils as backfill at their location of excavation during construction as recommended in WMPD’s Guidelines for Petroleum Contaminated Soil and Debris. 1. Soils with PID readings of 10 ppm or less may be backfilled subject to the recommendations of the ESC and approval of the SPS. 2. Soils with PID readings greater than 10 ppm and less than 40 ppm shall be transported offsite for disposal of at a Certified Landfill subject to the recommendations of the ESC and approval of the SPS. 3. Soils with PID readings greater than 40 ppm and less than 1,000 ppm shall be transported offsite for Thermal Treatment and Disposal subject to the recommendations of the ESC and approval of the SPS. 4. Soils with PID readings greater than 1,000 ppm or soil saturated with free product subject to the recommendations of the ESC and approval of the SPS, may be accepted at a facility for Thermal Treatment and Disposal provided the required laboratory analytical results are within the treatment facility’s soil quality acceptance limits. Otherwise, the soils will be transported off-site for

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treatment and/or disposal as hazardous waste. B. Written approval of the Management Plan from WMPD is required prior to backfill or transport offsite. C. Regardless of material contamination, all backfill shall conform to the requirements of Section 02300 and Construction Details. D. The uppermost 18” of excavation shall be backfilled with uncontaminated material that meets the requirements for backfill indicated in Section 02300 and Construction Details.

3.07 OFFSITE DISPOSAL OF CONTAMINATED SOIL A. Contaminated Soils identified as not suitable for reuse as backfill shall be excavated, handled, and transported to an approved offsite disposal location as indicated in the approved Management Plan. 1. Written documentation of contamination levels and treatment/disposal recommendations, consistent with the Management Plan shall be provided by the Contractor’s ESC. 2. Off-site Treatment and Disposal - Contaminated Soil identified for Treatment and Offsite Disposal shall be transported to the approved treatment and disposal location. The material shall be evaluated by the Contractor’s ESC, prior to being shipped to its final approved location. Contractor shall provide disposal receipts documenting disposal location and material volume. B. The Contractor’s ESC shall perform all necessary administrative and record keeping requirements in accordance with OSHA regulation 1910.120. C. The Contractor’s ESC shall provide characterization and documentation in accordance with the WMPD’s guidance documents, and all documentation necessary for reimbursement requests from the State of Vermont Petroleum Cleanup Fund (PCF). D. The Contractor’s ESC shall prepare and submit all closure documents and summary reports required by State and Federal laws.

END OF SECTION 02350

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 WATER PIPING 02510 - Page 1

SECTION 02510 - WATER PIPING

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Water mains, services and fittings. B. Fire hydrants and flushing hydrants. C. Gate valves and post indicator valves. D. Testing of water piping.

1.02 REFERENCE STANDARDS Information and requirements contained in this Specification are based on the most recent version of the following standards: A. AWWA/ANSI Standard C104/A21.4 for Cement-Mortar Lining for Ductile Iron Pipe and Fittings. B. AWWA/ANSI Standard C111/A21.11 for Rubber Gasket Joints for Ductile Iron Pipe and Fittings. C. AWWA/ANSI Standard C150/A21.50 for the Thickness Design of Ductile Iron Pipe. D. AWWA/ANSI Standard C151/A21.51 for Ductile Iron Pipe, centrifugally cast. E. AWWA/ANSI Standard C153/A21.53 for Ductile Iron Compact Fittings. F. AWWA/ANSI Standard C600 for Installation of Ductile Iron Water Mains and their Appurtenances. G. AWWA/ANSI Standard C605 for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water. H. AWWA Standard C509 for Resilient-Seated Gate Valves for Water and Sewerage Systems. I. AWWA Standard C515 for Reduced-Wall Resilient-Seated Gate Valves for Water and Sewerage Systems. J. AWWA/ANSI Standard C550 for Protective Epoxy Interior Coatings for Valves and Hydrants. K. AWWA/ANSI Standard C502 for Dry Barrel Fire Hydrants. L. AWWA Standard C651 for Disinfecting Water Mains. M. AWWA Standard C800 for Underground Service Line Valves and Fittings. N. ASTM Standard Specification B88 for Seamless Copper Water Tube. O. AWWA Standard C900 for Polyvinyl Chloride (PVC) Pressure Pipe, 4-inch through 12-inch. P. AWWA Standard C905 for Polyvinyl Chloride (PVC) Pressure Pipe, 14-inch through 36-inch. Q. AWWA Standard C901 for Polyethylene (PE) Pressure Pipe and Tubing, ½-inch through 3-inch. R. AWWA Standard C906 for Polyethylene (HDPE) Pressure Pipe and Fittings, 4-inch through 54-inch. S. ASTM Standard Specifications 1248 and 3350 for PE3408 High Density Polyethylene (HDPE) Pressure Pipe, with a cell classification of 345434C. T. ASTM Standard Specification D2241 for SDR21 (CL200) Polyvinyl Chloride (PVC) Pressure Pipe. U. ASTM Standard Specification D1784 for SDR21 (CL200) Polyvinyl Chloride (PVC) Resin Compound. V. ASTM Standard Specification D1869 and F477 for SDR21 (CL200) Polyvinyl Chloride

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(PVC) Rubber Gaskets. W. NSF standards for all materials used in the production of potable water pipe. X. State of Vermont’s “Lead in Consumer Products Law”, provisions of Act 193 (9 VSA 2470h(2)). Y. Title XIV of the Public Health Service Act Safety of Public Water Systems (Safe Drinking Water Act), Section 1417(d)

1.03 SUBMITTALS A. The Contractor shall submit manufacturer’s certified data for each pipe type to be used on the Project, including: dimensions, specifications of pipe material, gasket material, pipe class/pressure rating, coatings and linings. B. The Contractor shall submit manufacturer’s certified data for each type of fitting, valve, post indicator valve, hydrant, flushing hydrant, tapping sleeve, corporation and curb stop to be used on the Project, including: dimensions, specifications of fitting material, gasket material, class/pressure rating, coatings, linings, joint restraints and appurtenances.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for installation and testing of water piping and appurtenances. B. The Contractor shall protect water piping materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all water piping that does not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner. D. Water System Pressure and Leakage Testing (Ductile Iron, PVC and Copper Pipe only). 1. Engineer shall witness all testing. 2. The maximum length of pipe to be pressure and leakage tested at one time shall not exceed 1,200 feet, unless approved by the Engineer. 3. Temporary provisions (caps, plugs, valves, etc.) shall be provided and installed by the Contractor as necessary to allow sections of differing pipe types to be isolated and tested independently, due to the differing testing methodologies. 4. The Contractor shall provide all necessary temporary connections, valves and piping to allow proper expulsion of air and connection of test equipment, at no additional cost to the Owner. 5. Flush all piping and exhaust all air from the test section prior to performing pressure and leakage testing. 6. Provide proper temporary or permanent (as applicable) thrust restraints for all system components. 7. Pneumatic (compressed air or gas) testing shall not be allowed, under any circumstances, due to the severe explosive risk danger. 8. Test equipment shall have pressure relief valves so that water system components are not over-pressurized. 9. The pressure and leakage test shall include all services and branch lines. The Contractor shall provide temporary “tails” as necessary to allow air to be bled from each service or branch to above grade. After the system has passed the necessary tests and prior to weather below freezing temperatures, the

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Contractor shall dig up each service, and as appropriate for the project, either connect the new service to the existing service, or turn off the curb stop and install a short stub of service piping out of the curb stop with a compression cap, minimum 5½ feet below grade. 10. The pressure and leakage tests shall be performed as a combined hydrostatic test with duration of two hours at 150% of the normal operating pressure in the piping at the lowest elevation or 200 psi, whichever is greater. The test pressure shall not exceed manufacturer’s recommendations for any portion of the system. 11. No water system components within the test section will be accepted if the test pressure cannot be maintained within 5 psi of the required pressure for the entire test period. During the test period, the Contractor may repeatedly pump up the test section to maintain the test pressure within 5 psi of the required test pressure, however the total volume of water added shall be logged to compare against the allowable leakage defined below. 12. Leakage is defined as the quantity of water that must be supplied into the piping to maintain the test pressure after the pipe has been filled with water and the air expelled. The total volume of water added to bring the pressure back up to the test pressure shall be compared to the allowable leakage, even if the pressure drop is less than 5 psi during the test period. 13. No water system components within the test section shall be accepted if the leakage is greater than that determined by the formula: L = (S x D x P) / (148,000) L = the allowable leakage, in gallons per hour S = the length of pipe being tested, in feet D = the nominal diameter of the pipe, in inches P = the average test pressure, in psi (gauge) 14. The test section must pass both the pressure test and the leakage test. 15. The Contractor shall make all repairs or replacements necessary to obtain passing test results, at no additional expense to the Owner. E. Water System Pressure and Leakage Testing (HDPE pipe only) 1. Engineer shall witness all testing. 2. The maximum length of pipe to be pressure and leakage tested at one time shall not exceed 1,200 feet, unless approved by the Engineer. 3. Temporary provisions (caps, plugs, valves, etc.) shall be provided and installed by the Contractor as necessary to allow sections of differing pipe types to be isolated and tested independently, due to the differing testing methodologies. 4. The Contractor shall provide all necessary temporary connections, valves and piping to allow proper expulsion of air and connection of test equipment, at no additional cost to the Owner. 5. Flush all piping and exhaust all air from the test section prior to performing pressure and leakage testing. 6. Provide proper temporary or permanent (as applicable) thrust restraints for all system components. 7. Pneumatic (compressed air or gas) testing shall not be allowed, under any circumstances, due to the severe explosive risk danger. 8. Test equipment shall have pressure relief valves so that water system components are not over-pressurized. 9. The pressure and leakage test shall include all services and branch lines. The

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Contractor shall provide temporary “tails” as necessary to allow air to be bled from each service to above grade. After the system has passed the necessary tests and prior to weather below freezing temperatures, the Contractor shall dig up each service, and as appropriate for the project, either connect the new service to the existing service, or turn off the curb stop and install a short stub of service piping out of the curb stop with a compression cap, minimum 5½ feet below grade. 10. The HDPE pipe hydrostatic leak test procedure consists of filling, an initial expansion phase, a test period, and depressurizing. 11. Fill the restrained test section completely with water. 12. Initial Expansion Phase - Gradually pressurize the test section to test pressure, and maintain test pressure for the three (3) hour expansion phase. During the initial expansion phase, polyethylene pipe will expand slightly. Additional water will be required to maintain pressure. It is not necessary to monitor the amount of water added during the initial expansion phase. 13. Immediately following the initial expansion phase, monitor the amount of make-up water required to maintain within 5 psi of the required test pressure for the two (2) hour test period. 14. The pressure and leakage tests shall be performed as a combined hydrostatic test with duration of two hours at 150% of the normal operating pressure in the piping at the lowest elevation. The test pressure shall not exceed manufacturer’s recommendations for any portion of the system. 15. No water system components within the test section will be accepted if the test pressure cannot be maintained within 5 psi of the required pressure for the entire test period. During the test period, the Contractor may repeatedly pump up the test section to maintain the test pressure within 5 psi of the required test pressure, however the total volume of water added shall be logged to compare against the allowance for expansion under test pressure defined below. 16. The maximum test duration is eight (8) hours including time to pressurize, time for initial expansion, time at test pressure, and time to depressurize the test section. If the test is not completed due to leakage, equipment failure, or for any other reason, depressurize the test section completely, and allow it to relax for at least eight (8) hours before pressurizing the test section again. 17. Leakage is defined as the quantity of water that must be supplied into the piping to maintain the test pressure after the pipe has been filled with water and the air expelled, after the expansion period. The total volume of water added to bring the pressure back up to the test pressure shall be compared to the allowance for expansion under test pressure, even if the pressure drop is less than 5 psi during the test period. 18. No water system components within the test section shall be accepted if the total volume of water added to bring the pressure back up to the test pressure is greater than allowance for expansion under test pressure determined from the table below:

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Table of Allowance for Expansion Under Test Pressure (HDPE Pipe)

Nominal Pipe size (in.) 2-Hour Test (Gal/100 ft of pipe) 2 0.11 3 0.15 4 0.25 6 0.60 8 1.0 10 1.0 12 2.3 14 2.7 16 3.3 18 4.3 20 5.5 22 7.0 24 8.9

19. The test section must pass both the pressure test and the leakage test. 20. The Contractor shall make all repairs or replacements necessary to obtain passing test results, at no additional expense to the Owner. F. Bacteriological Testing 1. After disinfection and final flushing, but before the water system components are activated, the first set of samples shall be taken from each sampling point on the new system. After 24 hours, the second set of samples shall be taken from each sampling point on the new system. The system shall not be flushed between the samples. Two consecutive samples, taken 24 hours apart, must be taken from each sampling point on the new system. Each sample shall be tested by an approved laboratory and determined to be absent of coliform bacteria. If one of the tests fails, the sequence shall be repeated until two (2) consecutive passing tests are obtained from each sample point. 2. There shall be one sampling point for every 1,200 feet of new water main, including one sampling point from each end of the main and a minimum of one sampling point from each branch. 3. Sample collection, delivery, preservation and holding times shall comply with the requirements of the laboratory, in accordance with Health Department and AWWA standards. 4. One sample shall be taken where the project involves Building Services only. 5. The Contractor is responsible for sample collection, delivery, analysis and all fees. If deemed necessary by the Engineer, the Engineer shall be allowed to take custody and deliver samples to the laboratory. G. Tracer Wire Testing 1. Prior to acceptance of pressure pipe, the Contractor shall demonstrate that the locator tracer wire functions properly and is connected to all tracer wire boxes. During tracer wire testing, the Contractor shall use one of several commercially available utility locating instruments to energize and trace the locator wire for continuity. Direct signal locate method shall directly apply the current from transmitter to the tracer wire and the signal shall be detected and followed with a receiver. Engineer shall witness continuity test. If the trace

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wire is found to be not continuous after testing, Contractor shall repair or replace segment of the tracer wire at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 WATER PIPING A. Refer to Drawings for locations and sizes of various pipe types required. B. Ductile Iron (DI) Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be Class 52, ductile iron O.D. 2. Pipe shall be double cement mortar lined and seal coated. 3. Pipe shall be coated on the outside with bituminous coating. 4. Pipe joints shall be push-on bell and spigot type with rubber gaskets, where a different joint type is not indicated on the Drawings or Specifications. 5. Where indicated on the Drawings, Pipe Joints shall be Restrained Mechanical Joint (MJ) type with “Mega-Lug Series 1100” mechanical joint restraint glands as manufactured by EBAA Iron Sales, Inc., “Uni-Flange Series 1400 Wedge Action” mechanical joint restraint glands as manufactured by Ford Meter Box Co., “One-Lok” mechanical joint restraint glands as manufactured by Sigma Corporation, “Tuf Grip” mechanical joint restraint glands as manufactured by Tyler Union, “RomaGrip” mechanical joint restraint glands as manufactured by Romac Industries, or approved equal, with T-bolts and rubber gaskets. 6. Where indicated on the Drawings or in this Specification, Pipe Joints shall be “Field Lock” Gasket System restrained push-on bell and spigot joint type, as manufactured by U.S. Pipe & Foundry Co., or approved equal. 7. Pipe shall be furnished in 18 to 20 foot laying lengths. 8. Pipe shall be installed with two bronze conductivity wedges per joint for pipe diameters of 3 inches through 12 inches, and three conductivity wedges for pipe diameters greater than 14 inches. 9. Pipe shall be manufactured by Atlantic States Pipe Company, Clow, U.S. Pipe, Griffin, McWane Pipe Company, or approved equal. C. FUSIBLE PVC C-900 Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Fusible PVC C-900 Pipe shall be DR 14 (305 psi), Ductile Iron O.D. (DIPS). 2. Fusible PVC C-900 pipe shall be extruded with plain ends. The ends shall be square to the pipe and free of any bevel or chamfer. There shall be no bell or gasket of any kind incorporated into the pipe. 3. Fusible PVC C-900 pipe shall be manufactured in a standard 40’ nominal length or custom lengths as specified. 4. Fusible PVC C-900 pipe shall be blue in color for potable water use. 5. Pipe shall be marked verifying suitability for potable water service per NSF‐61. 6. Unless otherwise specified, Fusible PVC C-900 pipe lengths shall be assembled in the field with butt-fused joints. The fusion technician shall follow the pipe supplier’s guidelines for this procedure. All fusion joints shall be completed as described in this specification. 7. Fusible PVC C-900 sweeps or bends shall conform to the same sizing convention, diameter, dimensional tolerances and pressure class of the pipe being joined by the sweep or bend. 8. Fusible PVC C-900 sweeps or bends shall be manufactured from the same

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fusible polyvinyl chloride pipe being used for the installation, and shall have at least 2 feet of straight section on either end of the sweep or bend to allow for fusion of the sweep to the pipe installation. There shall be no gasketed connections utilized with a Fusible PVC C-900 sweep. 9. Standard Fusible PVC C-900 sweep or bend angles shall not be greater than 22.5 degrees, and shall be used in nominal diameters ranging from 4 inch through 16 inch. 10. Pipe shall be manufactured by J-M, Scepter, Ipex, or approved equal. D. PVC C-900 Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be DR 14 (305 psi), ductile iron O.D. 2. Pipe joints shall be push-on bell and spigot type with rubber gaskets. 3. Bell end shall consist of an integral wall section with a locked-in, solid cross section elastomeric ring. 4. Pipe shall be furnished in 20 foot laying lengths. 5. Pipe shall be manufactured by J-M, Scepter, Ipex, or approved equal. E. PVC C-905 Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be DR 25 (165 psi), ductile iron O.D. 2. Pipe joints shall be push-on bell and spigot type with rubber gaskets. 3. Bell end shall consist of an integral wall section with a locked-in, solid cross section elastomeric ring. 4. Pipe shall be furnished in 20 foot laying lengths. 5. Pipe shall be manufactured by J-M, Scepter, Ipex, or approved equal. F. PVC Class 200 (CL200) Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be SDR 21, Class 200, steel pipe O.D. 2. Pipe joints shall be push-on bell and spigot type with rubber gaskets. 3. Bell end shall consist of an integral wall section with a locked-in, solid cross section elastomeric ring. 4. Pipe shall be furnished in 20 foot laying lengths. 5. Pipe shall be manufactured by J-M, Scepter, Ipex, or approved equal. G. HDPE C-906 Water Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be DR 9 (200 psi). 2. Pipe shall be “Bluestripe AWWA” with the same outside diameter as ductile iron pipe (DIPS). 3. Pipe joints shall be butt fusion type. 4. Pipe shall be furnished in 40 foot laying lengths. 5. Pipe shall be manufactured by CSR Polypipe, Flying W, Driscopipe, or approved equal. H. HDPE C-901 Tubing Pipe shall meet the reference standards and the following requirements, as applicable: 1. Pipe shall be rated for a working pressure of 200 psi. 2. Pipe shall be supplied in copper tubing size (CTS) outside diameter. 3. Pipe shall be furnished in coils. 4. Pipe joints shall be made with Mueller “110”, Ford “Quick Joint”, Cambridge “CB”, or approved equal, compression fittings. Insert stiffeners are required for compression connections.

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I. Copper Tubing Pipe shall meet the reference standards and the following requirements, as applicable: 1. Tubing shall be soft tempered, Type “K”, Copper. 2. Pipe shall be supplied in copper tubing size (CTS) outside diameter. 3. Pipe shall be furnished in coils. 4. Pipe joints shall be made Mueller “110”, Ford “Quick Joint”, Cambridge “CB”, or approved equal, compression fittings. J. Each pipe length shall be clearly marked with the manufacturer’s name or trademark, nominal pipe size, material designation, pressure class, dimensional ratio (DR), quality control code and AWWA/ASTM designations. K. Pipe Joint Restraints shall be furnished and installed for the required number of joints back from each fitting, as required by the Drawings and details, regardless of the pipe material type. 1. For ductile iron pipe, Pipe Joint Restraints shall be “Field Lock Gasket System” restrained push-on joint type, as manufactured by U.S. Pipe & Foundry Co.; equivalent product by Tyler Union, or approved equal. 2. For PVC pipe, Pipe Joint Restraints shall be “Tru-Dual Bell Restraint Harness” push-on joint type, as manufactured by EBAA Iron Sales, Inc., “PV-Lock” push-on joint type, as manufactured by Sigma Corporation; equivalent product by Tyler Union, or approved equal.

2.02 FITTINGS A. Ductile Iron fittings shall be Class 350 compact style with restrained mechanical joints with tee bolts as recommended by the manufacturer. Fittings, glands and gaskets shall be of appropriate style and size for the pipes being connected. B. Fittings shall be double cement mortar lined and seal coated. C. Fittings shall be coated on the outside with bituminous coating. D. All mechanical joint fittings for DI and PVC pipe shall have “Mega-Lug” mechanical joint restraints as manufactured by EBAA Iron Sales, Inc., “Uni-Flange Wedge Action” mechanical joint restraints as manufactured by Ford Meter Box Co., “One-Lok” mechanical joint restraints as manufactured by Sigma Corporation, “Tuf Grip” mechanical joint restraints as manufactured by Tyler Union, “RomaGrip” mechanical joint restraint glands as manufactured by Romac Industries, or approved equal, of the proper style for the pipe type being restrained. E. All mechanical joint fittings for HDPE pipe shall be connected to the HDPE pipe with a butt fusion HDPE restrained mechanical joint adaptor of the proper style for the pipe and fitting type being joined. Mechanical joint adaptors must be provided with a stainless steel stiffener that is included in the manufactured fitting. F. All mechanical joint fittings for existing cast iron pipe only shall have “Grip Ring” mechanical joint restraints, equivalent product by Griffin Pipe, or approved equal, of the proper style for the pipe type being restrained. G. All couplings shall be restrained mechanical joint solid sleeves with ductile iron long body and ductile iron glands. Sleeves, glands and gaskets shall be of appropriate style and size for the pipes being connected.

2.03 GATE VALVES A. All Gate Valves shall be epoxy coated, resilient wedge type, with non-rising stem, Waterous model “AFC 2500,” Mueller model “2360 series”, Kennedy model “Ken-Seal II”, or approved equal, with restrained mechanical joints.

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B. Valves shall be bubble tight, zero leakage at a minimum working pressure of 200 psi. C. All gate valves shall open counter-clockwise (left) with a two inch square operating nut. Opening directional arrow shall be cast into the valve body. D. Gate Valves shall have stainless steel (304) nuts and bolts. E. Gate Valves shall have a gate wrench extension stem with a centering ring installed when the valve depth exceeds six feet. F. Buried valves shall be equipped with an adjustable, flanged, 5-inch diameter, cast iron valve box with a flush cover marked “WATER”. The box shall enclose the valve operating nut and stuffing box. Box length shall be adequate to allow a minimum of four inches of overlap of sections with top extended to final grade. G. The Contractor shall supply the Owner with quantity three (3), eight foot (8’) long, two-inch (2”) square, gate valve wrenches, prior to the start of construction. H. Regardless of any named manufacturer, all water main valves shall be “Lead Free”. “Lead Free” shall mean that the gate valve shall have a weighted average lead content of less than 0.25%. In addition, all gate valves shall be in compliance with Vermont’s Lead in Consumer Products Law, provisions of Act 193.

2.04 FIRE HYDRANTS A. All Hydrants shall be Mueller model “Super Centurion Figure A-423”. B. Hydrants shall normally have two, 2½-inch and one, 4½-inch nozzles with National Standard Thread. Hydrants without a 4½-inch pumper connection are indicated on the Drawings. C. Hydrants shall have 5¼-inch main valve opening. D. Hydrants shall open clockwise (right). E. All hydrant drains shall be externally sealed by the manufacturer. All hydrants shall drain, unless otherwise instructed by the Engineer or shown otherwise on the Drawings. F. Contractor shall provide hydrant assembly height appropriate for bury depth of main. Finish grade shall be within 3-inches of manufacturers recommended bury line. G. Hydrants shall be installed with standard Hydrant Tee and gate valve. H. Hydrants shall have stainless steel (304) nuts and bolts. I. Hydrants with pumper connections shall be factory painted “Red” conforming to NFPA standards. Hydrants with only two, 2½-inch hose connections shall be painted “Black”. Contractor shall apply one field finish coat of enamel paint, after hydrant installation. Before applying finish coat, contractor shall properly clean and wire brush hydrant to remove all rust and dirt. Finish coat shall have a minimum thickness of 2.5 mils, with no bare spots or dripping.

2.05 FLUSHING HYDRANTS A. All Flushing Hydrants shall be MainGuard Model No. 77, or approved equal. B. Flushing Hydrants shall have one 2½ inch outlet nozzle with National Standard Thread. C. Flushing Hydrants shall have a 2-inch female iron pipe thread size inlet. D. Flushing Hydrants shall open counter-clockwise (left). E. Contractor shall provide hydrant assembly height appropriate for bury depth of main. Finish grade shall be within three inches of manufacturers recommended bury line. F. Flushing Hydrants shall have stainless steel (304) nuts and bolts. G. Flushing Hydrants shall be installed with isolation curb stop and box. H. Flushing Hydrants shall be provided with a locking cover over the operating nut. I. Flushing Hydrants shall be fully serviceable without excavating.

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J. Flushing Hydrants shall be factory painted “Red” conforming to NFPA standards. Contractor shall apply one field finish coat of enamel paint, after hydrant installation. Before applying finish coat, contractor shall properly clean and wire brush hydrant to remove all rust and dirt. Finish coat shall have a minimum thickness of 2.5 mils, with no bare spots or dripping.

2.06 TAPPING SLEEVES A. Tapping Sleeve shall be suitable for direct taps on pressurized water mains. B. Tapping sleeves shall be furnished with a test port, and shall be pressure tested by the tapping contractor prior to backfill. The test shall be witnessed by the Engineer. C. Tapping sleeves shall be: 1. Ductile iron, mechanical joint type (complying with 2.02) with a flange by mechanical joint gate valve that complies with Section 2.03,

2.07 IN-LINE INSERTION TAPPING VALVES 1. In-line insertion tapping valves shall be installed without taking the existing water main out of service and while under full system pressure. In-line insertion tapping valves are intended to stop the flow of the existing main line, not tap a branch line. 2. In-line insertion tapping valves shall meet all applicable standards for in-line insertion buried valves set by the referenced standards. 3. All insertion valves shall be ductile iron, epoxy coated, resilient wedge type, with non-rising stem, TEAM model “InsertValve”, or approved equal. 4. In-line insertion tapping valve body shall be: a. Suitable for direct taps on pressurized water mains. b. Permanently restrain the valve to the pipe. c. Maximum working pressure of 250 psig. The pressure rating markings must be cast into the body of the insert valve. d. Ductile iron body, bonnet and wedge with a pressure rating that meets or exceeds the requirements of AWWA C515. Insert valve shall be ductile iron construction meeting ASTM A536 Grade 65-45-12. e. Sizes 12 inch and smaller shall be capable of working on cast/grey iron, ductile iron, IPS PVC, C900 and C909 PVC, steel, and AC pipe diameters without changing either top or bottom portion of split valve body. f. Split restraint devices shall consist of multiple gripping wedges incorporated into a follower gland meeting the applicable requirements of ANSI/AWWA C110/A21.10. The devices shall have a working pressure rating of 350 psi. g. Mechanical joint restraint shall be installed with conventional tools and procedures according to AWWA C600. Proper actuation of the gripping wedges shall be ensured with torque limiting twist off nuts. Set screw pressure point type hardware shall not be used. h. Fully epoxy coated on the interior and the exterior with a minimum 8 mm in compliance with AWWA C550 and certified to ANSI/NSF-61. i. Furnished with a test port, and shall be pressure tested by the tapping contractor prior to backfill. The test shall be witnessed by the Engineer. 5. Insertion valves shall be: a. Resilient Wedge Gate complying with AWWA C509 construction requirements. b. Ductile iron wedge shall be totally encapsulated with EPDM molded rubber with no exposed iron, and shall seat on the valve body and not the pipe bottom. The resilient wedge shall be symmetrical and seal equally well with

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flow in either direction. It shall be totally independent of the carrier pipe, and shall ride inside the body channels to maintain wedge alignment throughout its travel. c. Flow way shall be oversized to provide unobstructed optimum flow. d. Stuffing box shall be triple O-ring sealed (two upper and one lower). The O-rings shall provide a permanently sealed lubrication chamber and ensure sand, dirt or grit cannot enter the valve. Side flange seals shall be of the O-ring type of either round, oval, or rectangular cross-sectional shape. e. Valves shall be bubble tight, zero leakage at a minimum working pressure of 200 psi. f. Pressure equalization on the down of upstream side of the closed wedge shall not be necessary to open the valve. g. Valve stem and nut shall be copper alloy in accordance with Section 4.4.5.1 of the AWWA C515 Standard. The stem shall have an integral thrust collar in accordance with Section 4.4.5.3 of the AWWA C515 Standard. Two-piece stem collars are not acceptable. The wedge nut shall be independent of the wedge and held in place on three sides by the wedge to prevent possible misalignment. h. All gate valves shall be counterclockwise (left) open with a two inch square operating nut. Opening directional arrow shall be cast into the valve body. 6. All hardware materials hardware shall be of stainless steel (304) construction, and shall conform to the physical strength requirements of ASTM A307 with dimensions conforming to ANSI B18.2.1. 7. Buried valves shall be equipped with an adjustable, flanged, 5-inch diameter, cast iron valve box with a flush cover marked “WATER”. The box shall enclose the valve operating nut and stuffing box. Box length shall be adequate to allow a minimum of four inches of overlap of sections with top extended to final grade. 8. An operating rod extension shall be provided where the valve depth exceeds six feet. 9. Regardless of any named manufacturer, all water main valves shall be “Lead Free”. “Lead Free” shall mean that the gate valve shall have a weighted average lead content of less than 0.25%. In addition, all gate valves shall be in compliance with Vermont’s Lead in Consumer Products Law provisions of Act 193.

2.08 CORPORATIONS A. Corporations shall be open left, full flow, ball valve type as manufactured Mueller, Ford, Cambridge Brass, or approved equal. B. Corporations shall have AWWA/CC taper threads on the inlet and Mueller “110”, Ford “Quick Joint”, Cambridge “CB”, or approved equal restrained compression fitting on the outlet. C. Services larger than 2-inch shall be installed utilizing an in-line tee (see Section 2.02 FITTINGS). D. Corporations tapped into any pipe type other than ductile iron CL 52 shall utilize a service saddle with double stainless steel straps and nuts, of the appropriate style for the pipe type. Service saddles with U-bolt type straps are unacceptable. E. Regardless of any named manufacturer, all corporations shall be Lead Free. Lead Free shall mean that the brass alloy used to manufacture the corporation shall have a lead level equal to or less than 0.1%. In addition, all corporations shall be in compliance with NSF-61, Section 8.

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2.09 CURB STOPS A. Curb Stops shall be open left, full flow, ball valve type as manufactured by Mueller, Ford, Cambridge Brass, or approved equal. B. Curb Stops shall have Mueller “110”, Ford “Quick Joint”, Cambridge “CB”, or approved equal restrained compression fittings on the inlet and outlet. C. Services larger than 2-inch shall utilize gate valves (see Section 2.03 GATE VALVES). D. Curb Stops shall be equipped with a sliding adjustable, cast iron curb box with a two-hole cover or Mueller pentagon plug type marked “WATER”. Where curb stop box is located in paved or concrete areas, cover shall be pentagon plug type. Where curb stop box is installed along with utility tracer wire, the cover shall be Curb Box EM2-XX-5x-TW with optional tracer wire screw by the Ford Meter Box Company, Inc or approved equal. The box shall be arch-type so as to enclose the curb stop and rest on a concrete base pad and not transfer force to the service or curb stop. Boxes for curb stops larger than 1-inch shall have a heavy foot piece. Box length shall be adequate to allow a minimum of four inches of overlap of sections with top extended to final grade. E. A 30-inch long stainless steel stationary operating rod shall be affixed to the key of the curb stop with a stainless steel cotter pin. F. Regardless of any named manufacturer, all curb stops shall be Lead Free. Lead Free shall mean that the brass alloy used to manufacturer the curb stops shall have a lead level equal to or less than 0.1%. In addition, all curb stops shall be in compliance with NSF-61, Section 8. G. The Contractor shall supply the Owner with quantity three (3) curb stop wrenches, prior to the start of construction.

2.10 UTILITY TRACER WIRE AND ACCESSORIES A. Tracer Wire shall be #12 AWG, steel core soft drawn wire with a blue 30-mil high molecular weight, high density polyethylene jacket with a tensile strength of 380 lbs. (for direct burial applications) or 1,150 lbs. (for directionally drilled applications) as manufactured by Copperhead Industries, Inc. or approved equal. B. The wire jacket shall read: “12 AWG - SOLID TRACER WIRE - 30-MIL HDPE - 30 VOLT” or “12 AWG - SOLID HORIZONTAL DIRECTIONAL DRILL TRACER WIRE - 45-MIL HDPE - 30 VOLT”, as applicable, at a minimum of every two linear feet. Tracer wire jacket made of THHN is not allowed. C. Tracer Wire Connections shall be “DryConn” Direct Bury Lugs as manufactured by Copperhead Industries, Inc., 3M™ Direct Bury Splice Kit, or approved equal. D. Tracer Wire Access Boxes located in paved, graveled, or concrete areas, shall be “SnakePit Magnetized Roadway Box” as manufactured by Copperhead Industries, Inc., "Cathodic Protection Test Station - Heavy Duty" by Bingham & Taylor, or approved equal. Tracer Wire Access Boxes located in all other areas shall be “SnakePit Magnetized Lite Duty Box” manufactured by Copperhead Industries, Inc., or similar as manufactured by Valvco, Inc., "Cathodic Protection Test Station - Light Duty" by Bingham and Taylor, or approved equal. E. When all dead ends not brought to the surface, end of tracer wire shall be connected to an anode. Anode shall be Copperhead Grounding Anode manufactured by Copperhead Industries, Inc., or approved equal.

2.11 PRODUCT STORAGE AND HANDLING A. Handle and transport pipe and fittings to insure they are in sound, undamaged

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condition and to prevent damage to coating and lining, in accordance with manufacturer’s instructions. B. Furnish slings, straps and other devices to support pipe and fittings when lifted. Do not drop or drag pipe or fittings from trucks onto the ground or into the trench. C. Examine all pipe and fittings before installing. Defective or damaged materials shall be rejected. D. Pipe or fittings with damaged coatings and/or linings shall be rejected. E. Cracked or chipped pipe or fittings shall be rejected. F. If defective pipe or fittings are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

PART 3.00 - EXECUTION

3.01 GENERAL A. Refer to Section 02300 for excavating, bedding, envelope, backfilling and compaction requirements. B. When cutting of pipe is required, the cutting shall be done with power saws. Cut ends shall be smooth and at right angles to the pipe. Cut pipe ends shall be beveled and de-burred on interior and exterior.

3.02 INSTALLATION A. Water mains, building services, and appurtenances shall be installed according to the Drawings. B. Pipe shall be laid accurately to the lines and grades indicated on the Drawings. C. Pipe shall be bedded uniformly throughout its length and care shall be taken to not have any part of the pipe bearing on rocks or stones. “Point contact” at fittings, joints or along the pipe length is not allowed. D. All field cut pipe ends shall be chamfered to avoid damage to the gasket and facilitate assembly. E. Push-on bell and spigot type joints shall be assembled per the manufacturer’s recommendations. F. Deflection of push-on joint pipe shall not exceed manufacturer’s recommended limits. G. Restrained Mechanical Joints shall be assembled per the manufacturer’s recommendations. H. Butt fusion pipe and fitting joints shall be assembled per the manufacturer’s recommendations. Fusible PVC C-900 pipe shall be fused by qualified fusion technicians holding current qualification credentials for the pipe size being fused, as documented by the pipe supplier. Pipe manufacturer’s procedures shall be followed at all times during fusion operations. Each fusion joint shall be recorded and logged by an approved electronic monitoring device (data logger) connected to the fusion machine, which utilizes a current version of the pipe supplier’s recommended and compatible software. Only appropriately sized and outfitted fusion machines that have been approved by the pipe supplier shall be used for the fusion process. This includes requirements for safety, maintenance, and operation with modifications made for PVC. Fusible PVC C-900 pipe shall be installed in a manner so as not to exceed the recommended bending radius guidelines. Where fusible polyvinylchloride pipe is installed by pulling in tension, the recommended maximum safe pulling force, established by the pipe supplier, shall not be exceeded. I. Install two or three (depending on pipe diameter) bronze conductivity wedges,

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installed at “3-o’clock, 9-o’clock and 12-o’clock”, per manufacturer’s recommendations, at all ductile iron pipe joints. J. All fittings shall be adequately supported to prevent undo strain on the pipe, fittings, gaskets and bolts. K. Tracer Wire shall be installed on all non-metallic water mains, hydrant laterals and water services. The tracer wire shall be securely fixed to the pipe at 8-10-foot intervals and secured to the pipe at 2-o’clock or 10-o’clock. Tracer wire shall be continuous and without any splices from each trace wire access point. Tracer Wire Access Boxes shall be installed at a maximum distance of 500-feet linear feet, next to every valve box, behind each fire hydrant, and next to service curb stop box or a curb stop box with tracer wire connection. There shall be extra tracer wire coiled up in each tracer wire box to allow for removal of the cap and frost movement. Where there is a hydrant lateral, branch line, or service line, tracer wire shall be properly spliced to the main line tracer wire. The wires to be spliced are to be tied together using a square knot to prevent pull out. Where any approved spliced in connections, water tight connectors, or approved equal, shall be used to provide electrical continuity. At all main end caps, a minimum of 5-feet of tracer wire shall be coiled with a six pound zinc anode spliced to the wire. It shall be buried along the side of the water main for future connections. L. All hydrants, valves and curb stops shall be set plumb and in compliance with the Drawings. M. Valve and curb boxes shall be installed plumb with the covers level with final grades. N. Pipe Joint Restraints shall be installed for the required number of pipe joints back from each fitting, as required by the Drawings and details. Plant batched, poured in place, concrete thrust blocks shall be provided at all directional changes of the main, when restrained pipe joints cannot be used (i.e., connections to existing systems) in compliance with the Drawings. Thrust Blocks shall not be backfilled within 1/2 hour of being poured to allow sufficient time for setting of the concrete. Onsite mixed concrete, such as “Sakrete”, is not acceptable. O. When pipe laying is not in progress, the open ends of the pipe shall be closed with a water tight plug. P. Where water mains or building services cross within two feet of drainage pipe or site conditions do not allow the minimum 5½ foot cover, the Contractor shall install two inches thick, four foot wide, of rigid insulation, suitable for direct burial, for frost protection. Q. Cover of less than 5½ feet, shall be approved by the Engineer prior to pipe installation. Under no circumstances shall water mains or building services have less than four feet of cover over the top of the pipe. Insulation shall be installed six inches above the pipe on compacted envelope material with care taken to not damage the sheets during trench backfill and compaction. R. Where water mains or building services are required to cross wastewater piping, the installation shall comply with the following requirements: 1. Water and sewer mains or services which cross shall have a minimum vertical clearance of 18-inches. 2. Water and sewer pipe joints shall be located as far apart as possible. 3. The Contractor shall provide structural support for exposed water and sewer pipes. 4. For Parallel Installation, there shall be a horizontal separation of 10 feet between water mains and sanitary sewer, and a separation of 5 feet between water mains and storm sewers.

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5. In the event 18 inches of vertical clearance (water over sewer) or 10 feet of horizontal separation cannot be achieved or in all cases where sewer is over water (regardless of vertical separation distance), the sanitary sewer pipe must be constructed to water main standards (CL52 D.I. or C-900 PVC) for a minimum of 10 feet in each direction as measured perpendicular to the water main. Connections at each end shall be made with "Fernco" style couplings.

3.03 FLUSHING A. All Water Piping shall be flushed at a minimum velocity of 2.5 feet per second. All pipes shall be flushed prior to Leakage and Pressure Testing, Disinfection and Bacteriological Testing. B. Care shall be taken to protect property from erosion or other damage during flushing operations. C. The flushing operation shall include all services. The Contractor shall provide temporary “tails” as necessary to flush through each service to above grade. After the system has passed the necessary tests and prior to weather below freezing temperatures, the Contractor shall dig up each service, and as appropriate for the project, either connect the new service to the existing service, or turn off the curb stop and install a short stub of service piping out of the curb stop with a compression cap, minimum 5½ feet below grade.

3.04 DISINFECTION A. At a point not more than ten feet downstream from the beginning of a new main, water entering the main shall be dosed with chlorine, fed at a constant rate, such that the entire volume of water will have a concentration of not less than 25 mg/l free chlorine. Chlorine levels shall be confirmed with a test kit, however, the following table is provided as a general guide to estimate the volume of chlorine required. 1% CHLORINE PIPE SIZE (IN.) SOLUTION (GAL.) 4 0.16 6 0.36 8 0.65 10 1.01 12 1.44 Chlorine required to produce 25 mg/l concentration in 100 feet of pipe, by pipe diameter. B. Disinfection operations shall not cease until the entire main is filled with heavily chlorinated water. C. The disinfection operation shall include all services. The Contractor shall provide temporary “tails” as necessary to disinfect each service to above grade. After the system has passed the necessary tests and prior to weather below freezing temperatures, the Contractor shall dig up each service, and as appropriate for the project, either connect the new service to the existing service, or turn off the curb stop and install a short stub of service piping out of the curb stop with a compression cap, minimum 5½ feet below grade. D. The Chlorinated water shall be retained for a minimum of 24 hours, during which all curb stops, valves and hydrants in the treated section shall be operated to ensure disinfection of appurtenances. The water in all portions of the main shall have a

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minimum residual of 10 mg/l of free chlorine after 24 hours. E. The Contractor shall prevent the introduction of heavily chlorinated water into any active portions of the water distribution system. F. At the end of the 24 hour period, the main shall be flushed with water from the distribution system until the discharge chlorine concentration is equal to that of the system or 1mg/l free chlorine. G. The Contractor shall comply with all laws relevant to the discharge of chlorinated water. Water discharged directly or indirectly to water bodies shall not have a chlorine level greater than 0.1 ppm. Water bodies shall include all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, wetlands, and any body of surface water, artificial or natural. H. The Contractor shall supply all necessary de-chlorination equipment, materials, chemicals and labor necessary to reduce the chlorine level prior to discharge. I. Any required permits for the discharge of chlorinated water (local or State), are the responsibility of the Contractor.

END OF SECTION 02510

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SECTION 02511 - BITUMINOUS CONCRETE PAVEMENT

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Bituminous concrete pavement for roadways, parking areas, driveways, aprons, sidewalks, pathways, curbs, overlays, replacement of disturbed pavement, saw-cutting, grinding and associated preparatory work. B. Painted and durable pavement lines and markings.

1.02 REFERENCE STANDARDS A. Where referenced, the Contractor shall adhere to the latest version of the State of Vermont Agency of Transportation (VTrans), “Standard Specifications for Construction”. B. Manual of Uniform Traffic Control Devices (MUTCD), latest version, published by U.S. DOT FHWA, ATSSA, AASHTO, ITE.

1.03 SUBMITTALS A. The Contractor shall submit separate project mix designs according to the reference standards for each pavement type to be used on the project, including all calculations, data and information necessary for mix evaluation, placement review and testing. The contractor shall secure the Engineer’s review for the mix design a minimum of 48 hours prior to the start of paving operations. B. The Contractor shall submit manufacturer’s data and secure the Engineer’s review for asphalt cement tack coat, overlay fabric, pavement paint, durable markings, and all other necessary materials prior to the start of paving operations.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for placement and finishing of bituminous concrete pavement. B. The Contractor shall protect bituminous concrete pavement materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Testing to verify density of the compacted pavement shall be done with a nuclear density gauge according to the reference standards. Minimum density of the compacted pavement shall be as indicated in Section 406 of the reference standard. D. The Contractor shall keep a record at the project site showing time and location of each segment of pavement placed, together with mix delivery slips certifying the contents of each load of pavement. One copy of all such records shall be furnished to the Engineer. E. The surface may be tested by the Engineer using a 16 foot straight edge at selected locations parallel with the centerline. Any variations exceeding 3/16 of an inch between any two contacts shall be satisfactorily eliminated. A ten foot straight edge may be used on a vertical curve. On parking surfaces or other paved areas that have no crown, the surface shall be tested parallel to the drainage slope of the area. Under no circumstances shall standing water or puddling be allowed. F. Compacted pavement thickness shall be within c inch of the thickness specified on the Drawings.

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G. Finish surfaces of pavement shall be smooth, uniform, and free of voids, cracks, holes, loose or contaminated areas or other irregularities. H. Upon direction of the Engineer, the Contractor shall cut out and/or rework all surfaces which do not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 MATERIALS A. Aggregate for Superpave bituminous concrete pavement shall conform to Section 704.10(b) of the referenced standard. B. Asphalt cement for bituminous concrete pavement shall be performance grade PG58-28 and shall conform to Section 702 of the referenced standard. C. Bituminous concrete pavement shall be of the thickness and type indicated on the Drawings. The materials shall be combined and graded to meet the composition of Section 490 of the referenced standard. D. Asphalt cement tack coat shall be emulsified asphalt type RS-1 conforming to Section 702 of the referenced standard. E. Bituminous joint sealer shall conform with Section 707.04 of the references standard. F. Pavement overlay fabric shall be Mirafi "Mirapave 400" non-woven geotextile, or equal. G. Pavement paint shall conform with Section 708.08 of the referenced standard, of the color indicated on the Drawings. H. Durable pavement markings shall conform with Section 708.10 and Section 646 of the referenced standard, of the color, type and size indicated on the Drawings.

PART 3.00 - EXECUTION

3.01 PREPARATION A. The existing pavement surface shall be cleaned with power brooms and washers as necessary to allow proper adhesion of the tack coat and bituminous concrete pavement. All loose pieces, objects and debris shall be removed. B. Any cracks larger than 3 inch in an existing surface shall be thoroughly cleaned and filled with bituminous joint sealer, to the full depth of the existing pavement, in accordance with Section 417 of the reference standard. C. The existing bituminous concrete pavement shall be sprayed with emulsified asphalt tack coat before placement of the bituminous concrete pavement. Tack coat is required for all overlays and before placement of the top course when the top course is not immediately placed over the base course. D. The tack coat shall be applied under pressure at the rate of 0.01 to 0.03 gallons per square yard. The application shall be made just prior to the placement of the bituminous concrete pavement, but shall progress sufficiently ahead of the paving so that the surface to be paved will be tacky. E. Contact surfaces such as curbing, gutters, manhole and catch basin rims shall be painted with a thin, uniform coat of emulsified asphalt immediately before the bituminous concrete pavement is placed against them. Precautions must be taken to protect non-contact surfaces from excess emulsion. F. Where bituminous concrete is used to resurface existing pavement and the existing pavement contains irregularities, depressions or waves, such deficiencies shall be eliminated by the use of a bituminous concrete shim course(s) of appropriate mix for

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leveling to bring the existing base to uniform section and grade before placing of the required courses of bituminous concrete. G. Where pavement has been removed for trenching, the Contractor shall cleanly cut existing pavement back with a pavement saw in a straight line, a minimum of one foot from the top edge of the trench. Cut must be made such that remaining existing pavement is competent and sound. Cut edge of pavement shall be coated with a uniform coat of emulsified asphalt immediately before the bituminous concrete pavement is placed against it. H. Where new pavement abuts existing pavement, the Contractor shall cleanly cut existing paving back with a pavement saw in a straight line, a minimum of one foot back from the edge of the exiting pavement. Cut must be made such that remaining existing pavement is competent and sound. Cut edge of pavement shall be coated with a uniform coat of emulsified asphalt immediately before the bituminous concrete pavement is placed against it. I. Where a pavement overlay is required, grinding of the existing pavement is required at the termination of the overlay. Grinding shall be done with proper equipment necessary for grinding the full width of the pavement being overlaid. Depth and length of taper shall be determined by the thickness of the overlay. Minimum depth of grind at termination end shall be equal to the thickness of the pavement overlay to be placed. The grind shall taper at a slope of one inch in twenty five feet, so that the top of the grinding is flush with the existing pavement at the appropriate distance away from the pavement overlay termination. The entire area ground shall be sprayed with emulsified asphalt tack coat before placement of the bituminous concrete pavement overlay. J. Where pavement overlay fabric is indicated on the Drawings, sufficient tack coat shall be used to allow saturation of the overlay fabric, while bonding with the existing pavement. Tack coat shall not be of such quantity that pools or puddles form. Install the overlay fabric with the heatset side up, without folds or wrinkles. Immediately following the fabric laydown, place the hot pavement. Only lay out fabric which can be immediately covered.

3.02 EQUIPMENT A. Equipment for spreading and finishing the bituminous concrete pavement shall be a self propelled paving machine provided with an articulated and heated screed. The machine shall be capable of maintaining line, grade and minimum thickness specified and spreading the pavement without segregation. B. When irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the pavement shall be spread, raked and finished with hand tools. C. Equipment for compacting shall be steel tired power rollers having a minimum weight of ten tons, except that hand held vibratory compactors may be used in areas not accessible to rollers when specifically approved by the Engineer. Rollers shall be equipped with tanks and sprinkler bars for wetting the rollers.

3.03 WEATHER AND SITE CONDITIONS A. Bituminous concrete pavement shall not be placed between November 1 and May 1, unless approval is obtained from the Engineer. B. Bituminous concrete pavement shall not be placed when the air temperature at the paving site in the shade and away from artificial heat is below 40OF.

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C. Bituminous concrete pavement shall not be placed on a wet, frozen or thawing surface or when weather or other conditions would prevent the proper handling, finishing or compacting of the material. D. No material shall be delivered so late in the day as to prohibit the completion of spreading and compaction of the pavement during daylight hours. E. If bituminous pavement trench cannot be installed by end of work day, gravel base will be installed and compacted to match the top of the existing pavement. Gravel base will be maintained to be free of ruts and potholes. Water or Calcium chloride shall be applied to travel areas as directed by the Engineer to control dust.

3.04 PLACEMENT A. The bituminous pavement, at the time of discharge from the haul vehicle, shall be within 10OF of the midpoint of the compaction temperature for the approved mix design. In no instance shall the temperature of the pavement be less than 275OF or more than 325OF. B. The bituminous concrete pavement shall be placed and finished with the specified equipment and struck off in a uniform layer to the full width required and of such depth that each course, when compacted, shall have the required thickness and shall conform to the grade and elevation specified. C. Any pavement which becomes loose, broken or contaminated shall be removed and replaced with fresh pavement and properly compacted and blended with the surrounding pavement. Any area showing an excess or deficiency of asphalt shall be removed and replaced. These corrections shall be done at no additional expense to the Owner. D. Suitable aprons to transition approaches shall be placed at side road and driveway intersections. E. Top course shall be installed over base course when base course has been uniformly compacted by rolling and temperature is below 140OF. F. Prior to installing Top course, Base course shall be power broomed, washed and cleaned of loose pieces, objects and debris.

3.05 ROLLING AND COMPACTING A. Immediately after the bituminous concrete pavement has been spread, struck off and surface irregularities adjusted, it shall be thoroughly and uniformly compacted by rolling. B. The surface shall be rolled when the pavement is in the proper condition and temperature, and when the rolling does not cause cracking or shoving. C. Unless otherwise directed, the longitudinal joint shall be rolled first and then rolling shall begin at the low side of the pavement and proceed towards the center or high side with lapped rollings parallel to the centerline. The speed of the roller shall be slow and uniform to avoid displacement of the pavement. The roller should be kept in as continuous operation as practical. Rolling shall continue until all roller marks and ridges have been eliminated. Stopping or sharp turning of the roller on the fresh pavement is not permitted. D. Breakdown rolling shall be completed before freshly placed pavement temperature drops below 250OF. E. Finish rolling shall be completed before freshly placed pavement temperature drops below 175OF. F. Traffic shall not be allowed on freshly placed pavement until it has been compacted

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and cooled to 140OF.

3.06 JOINTING A. Unless otherwise noted by the Engineer or on the drawings, transverse joints in pavement shall be butt type. B. Butt joints shall be formed by ending the new pavement in a vertical plane at right angles to the centerline. The butt joint shall be thoroughly coated with emulsified asphalt just prior to butting the adjacent course of pavement. C. When directed by the Engineer, tapered joints shall be formed by ramping down the last 18 to 24 inches of the course being laid to match the lower surface. Care shall be taken in raking out and discarding the coarser aggregate at the low end of the taper, and in rolling the taper. The taper shall be thoroughly coated with emulsified asphalt just prior to resumption of paving. D. Longitudinal joints that have become cold and joints between successive work days shall be coated with emulsified asphalt before the adjacent pavement is placed. If directed by the Engineer, they shall be cut back to a clean vertical edge prior to painting with emulsion. E. Unless otherwise directed by the Engineer, longitudinal joints shall be offset at least six inches from any joint in the lower courses of pavement. Transverse joints shall not be constructed nearer than one foot from the transverse joints constructed in lower courses. F. Utility covers shall be flush with the surface of the finish course. When finish coarse paving will not be completed within seven days of placement of the base course, the Contractor shall leave the covers flush with the base coarse and raise them at the time of finish coarse paving at no additional cost to the Owner. The base course of pavement shall be patched after raising the covers, prior to placing the finish course of pavement. If the utility covers need to be left higher than the base course, for less than seven days, the Contractor shall provide all necessary traffic control and barricades to protect the utility covers and the public.

3.07 PAVEMENT MARKINGS A. The Contractor shall thoroughly clean and dry the areas upon which painting or durable markings will be placed with power brooms, washers and dryers as necessary to allow proper adhesion. B. All painting and durable markings shall be accurately placed as indicated on the Drawings. C. Pavement markings shall comply with the MUTCD for color, dimensions, patterns, spacing and placement. D. The Contractor shall apply paint and durable markings in accordance with the manufacturer’s recommendations and referenced standards, using all means necessary to protect paint and durable markings until cured. E. Where removal of pavement markings are shown on the Drawings, grinding of the existing pavement is required. Grinding shall be done with proper equipment necessary for grinding the full width of the marking being removed. Depth shall be determined by the thickness of the marking and its penetration into the pavement. Maximum depth of grind shall be 1/8”. The grind shall taper so that the top of the grinding is flush with the existing pavement approximately one foot away from the marking limits.

END OF SECTION 02511

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 HORIZONTAL DIRECTIONAL DRILLING FOR HDPE PIPE 02520 - Page 1

SECTION 02520 - HORIZONTAL DIRECTIONAL DRILLING FOR HDPE PIPE

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Furnish all labor, materials, equipment and incidentals required to install high density polyethylene (HDPE) pipe as shown on the Drawings and as specified herein complete, including, but not limited to, any necessary excavation to install the pipe; fittings and special materials/equipment of whatever nature required; provision and mixing of drilling fluid components including clean water; pumping and testing of drilling fluids; drilling of pilot hole; monitoring and guidance of pilot hole drill bit; back reaming, swabbing bore hole; pullback of carrier and/or casing pipe; disposal of slurry/cuttings mixture; provision for barricades and warning lights; temporary sheeting, bracing and supporting the adjoining ground or structures where necessary; welding of casing pipes if required to obtain the proper laying lengths; pumping groundwater from excavations, backfill, restoration of disturbed facilities, utilities and surfaces; repair of damaged facilities; disposal of all surplus excavation and discarded materials, construction stakes; testing and incidentals. B. It is the intent of this specification to define the acceptable methods and materials for installing water piping by the horizontal directional drilling (HDD) method and the requirements for high density polyethylene (HDPE) pipe installed by directional drilling or in open cut trenches. C. Reference shall be made to Sections 02510 “Water Piping” and 02531 “Wastewater Piping”, as applicable, for additional requirements.

1.02 REFERENCE STANDARDS A. Information and requirements contained in this Specification and based on the most recent version of the following standards: 1. AWWA Standard C901 and C906 for Polyethylene (HDPE) Pressure Pipe and Fittings. 2. ASTM F714 - Polyethylene (PE) Plastic Pipe (SDR-PR) based on outside diameter.

1.03 SUBMITTALS A. The Contractor shall provide the name and qualification of the proposed directional drilling subcontractor. The information shall include, at a minimum: 1. The qualifications of the subcontractor and key personnel showing that all directional drilling operations will be performed by a competent drill contractor and crew with a minimum of five (5) years of relevant experience, at least as complex and of similar size as this project. 2. Identification of key person(s) and contact information proposed for this project. 3. Proof of existing and past active membership in the Northeast Trenchless Association or other equal trade association which requires continuing education for membership. 4. A list of completed projects with details of the types of pipe installations including Owner and Engineer contact names and telephone numbers. B. The Contractor shall submit manufacturer’s certified data for each pipe type to be used on the project, including dimensional information, specifications and pipe

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material, pipe class/pressure rating and all detailed information on all accessories. C. The Contractor shall provide a detailed work plan and schedule of activities proposed to perform the work under this specification, including any proposed variation from the Drawings and Specifications. Information in this work plan shall include, but not be limited to, the following: 1. Method for directional drilling indicating the following: a. Plan showing the work zone equipment configuration at the end of the bore(s), staging areas, storage areas and the location of slurry, cuttings and pit spoil handling areas. b. Boring procedure, tooling for drilling, method to control slurry, design of entrance and exit pits and method to verify that installed utilities are acceptable. c. Materials list including bentonite and bentonite additives proposed for use on the project along with product data sheets for all materials used on the site. d. Steering and tracking equipment procedures and proposed locations of ground based coils or other equipment requiring surface or subsurface access. 2. Contingency Plans that address each of the following: a. Inadvertent return, and/or spill of drilling fluids, hydraulic fluids, etc., including measures to contain and clean the affected area. b. Clean up of surface seepage of drilling fluids and spoils. c. Collapse of borehole. 3. Drilling Fluids Management Plan should address the following: a. Identify all proposed drilling muds and additives to be used and provide the Engineer with the appropriate MSDA sheets. b. Calculated hole volumes and drilling fluid volumes. c. Source and amount of water required for drilling mud and all necessary approvals and permits. d. Method of slurry containment and cleanup of all drilling fluid overflows or spills. e. Method of recycling drilling fluid and spoils. f. Method of transporting and disposing of drilling fluids and spoils including proof of approvals for same. g. Allowable pull-back forces and stresses for pipes. 4. Time required for complete pipe installation.

1.04 QUALITY ASSURANCE A. The directional drilling subcontractor shall be determined to be qualified by the Engineer based upon the Engineer’s review of materials submitted under Item 1.03 above. B. The directional drilling subcontractor shall provide a full-time on-site representative thoroughly knowledgeable of the equipment, boring procedures, and available to address immediate concerns and emergency operations. C. The directional drilling subcontractor shall be thoroughly trained and experienced in the skills and equipment required for installation and testing of piping and appurtenances. D. The Contractor shall protect piping materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and

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replacements necessary to the approval of the Engineer and at no additional cost to the Owner. E. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all piping that does not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner. F. All work shall be subject to applicable testing requirements of other Specification sections.

1.05 WARRANTIES AND/OR GUARANTEES A. Contractor shall submit manufacturer’s warranty against defects in material or workmanship for all piping and casing products. The warranty shall be submitted with the shop drawings for approval. The Contractor shall extend the factory warranty to one year from the date of acceptance and final approval from the Owner, and shall replace or repair, as directed by the Engineer, any defective product found to be such, at the expense of the Contractor.

PART 2.00 - PRODUCTS

2.01 GENERAL A. Refer to Drawings for locations and sizes of various piping required. B. High density polyethylene pipe in accordance to these specifications shall be used in HDD installations. All piping system components shall be the products of one manufacturer and shall conform to the latest edition of ASTM F714, AWWA C901/C906. Potable water pipe shall be NSF listed.

2.02 PIPING A. Piping shall be extruded from a polyethylene compound and shall conform to the following requirements: 1. The polyethylene resin shall meet or exceed the requirements of ASTM F714 for PE material having hydrostatic design basis of 1,600 psi. 2. The polyethylene compound shall be suitably protected against degradation by ultraviolet light by means of carbon black, well dispersed by precompounding in a concentration of not less than 2 percent. 3. Potable water piping shall be black. Sewer piping shall be green. 4. Joining shall be performed by thermal butt-fusion in accordance with manufacturer’s recommendations. 5. HDPE pipe shall be as manufactured by Performance Pipe (Driscoplex™ 4000); J-M Manufacturing Company, or approved equal. All pipe shall be ductile iron pipe size (DIPS) pressure pipe. Pressure rating shall be as shown on the Drawings or specified in the applicable piping specification.

2.03 FITTINGS A. Fittings joining to HDPE pipe shall be plain end butt fused fitting or electro fused fitting. B. Butt fused fittings shall be manufactured by Performance Pipe, Integrity Fusion Products, Inc. or approved equal. C. Electro fused fittings shall be manufactured by Central Plastic Company, Frialen® Safety Electrofusion Fitting, or approved equal. D. Mechanical Joint Adaptors shall have pre-installed stainless steel stifferners and shall

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be manufactured by Central Plastic Company, Industrial Pipe Fittings, LLC, or approved equal.

2.04 TRACER WIRE AND ACCESSORIES A. Tracer wire and accessories are specified under Section 02510.

2.05 DRILLING FLUIDS A. Provide drilling fluids specifically suited for horizontal directional drilling and the site-specific soil/project conditions. Do not use any chemicals or polymer surfactants in the drilling fluid without written consent from the Engineer. B. Drilling fluids intended to provide support for pipe in a conduit or sleeve shall be selected to cure in such a manner to provide permanent protection and support of the pipe.

2.06 WATER A. The Owner will allow the Contractor to take water from the Owner’s water system at Owner stipulated locations, if necessary. The Contractor shall provide all tools and trucking necessary to take and transport the water to the work site.

PART 3.00 - EXECUTION

3.01 GENERAL A. All HDPE pipes shall be cut, fabricated, and installed in strict conformance with the pipe manufacturer’s recommendations. Joining, laying, and pulling of polyethylene pipe shall be accomplished by personnel experienced in working with polyethylene pipe. The pipe manufacturer shall certify in writing that the directional drilling subcontractor is qualified to join, lay, and pull the pipe or a representative of the pipe manufacturer shall be on site to oversee the pipe joining. Expense for the representative shall be paid for by the Contractor.

3.02 STORAGE A. Pipes shall be stored on level ground preferably turf or sand, free of sharp objects which could damage the pipe. Stacking of the HDPE pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such widths as not to allow deformation of the pipe at the point of contact with the sleeper or between supports.

3.03 HANDLING PIPES A. The handling of the jointed pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. Ropes, fabric or rubber protected slings and straps shall be used when handling pipes. Chains, cables, or hooks inserted into the pipe ends shall not be used. Two slings appropriately spaced shall be used for lifting each length of pipe. Pipe or fittings shall not be dropped onto rocky or unprepared grounding. Slings for handling the pipeline shall not be positioned to butt-used joints. Sections of the pipes with cuts and gouges exceeding 5 percent of the pipe wall thickness or kinked sections shall be removed and the ends rejoined.

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B. The open ends of all sections of joined and/or installed pipe (not in service) shall be sealed at night to prevent foreign material from entering the pipe. Waterproof nightcaps shall be constructed and secured to prevent the entrance of any type of infiltration into the pipe.

3.04 ELEVATION AND LINES A. All pipes shall be installed to lines and grades as shown on the drawings, or as specified herein. Provide horizontal and vertical record locations at 20 foot intervals or less as directed by the Engineer.

3.05 INSTALLATION A. GENERAL 1. The Contractor shall notify the Engineer two (2) business days in advance of starting directional drilling work. 2. The directional drilling subcontractor shall install the pipelines by means of horizontal directional drilling. The directional drilling subcontractor shall assemble, support, and pretest the pipeline prior to installation in the directional drill tunnel. 3. Horizontal directional drilling shall consist of the drilling of a small diameter pilot hole from one end of the alignment to the other, followed by enlarging the hole diameter for the pipeline insertion. The exact method and techniques for completing the directionally drilled installation will be determined by the directional drilling subcontractor, subject to the requirements of these Specifications. 4. The Contractor shall prepare and submit a plan for insertion of the HDPE pipe into the opened bore hole. This plan shall indicate boring pits and receiving pits hydrostatic tests, dewatering, and purging. A copy of the plan shall be provided to the Engineer. 5. The required piping shall be assembled in a manner that does not obstruct access to roadways or public activities. The Contractor shall erect temporary fencing around all staging areas. B. JOINING PIPE SECTIONS 1. Each length of pipe shall be inspected, and cleaned as necessary, to be free of debris immediately prior to joining. 2. Pipes shall be jointed to one another by means of thermal butt-fusion. Polyethylene pipe lengths to be joined by thermal butt-fusion shall be of the same type, grade, and class of polyethylene compound and supplied from the same material supplier. 3. Pipes shall be allowed to relax for a period of 24 hrs after installed by directional drilling before fusing additional pipe to the pulled pipe. 4. Mechanical connections of the polyethylene pipe to auxiliary equipment shall be through flanged connections which shall consist of the following: a. A polyethylene “sub end” shall be thermally butt-fused to the ends of the pipe. b. Provide a Ductile Iron backing flange as required by the manufacturer. c. Stainless steel bolts and nuts of sufficient length to show a minimum of three complete threads when the joint is tightened to the manufacturer’s standard. Retorque the nuts after 40 hours. d. Butt-Fusion Joining: Butt-Fusion of pipes shall be performed in

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accordance with the manufacturer’s recommendations as to equipment and technique. Butt-fusion joining shall be 100% efficient offering a joint weld strength equal to or greater than the tensile strength of the pipe. C. DRILLING OPERATIONS 1. The Contractor shall prepare a plan to be submitted for Engineer review which describes the noise reduction program, solids control plan, pilot hole drilling procedure, the reaming operation, and the pullback procedure. All drilling operations shall be performed by supervisors and personnel experienced in horizontal direction drilling. All required labor, equipment, materials and support services shall be provided by the Contractor. 2. Drill pipe shall be API steel drill pipe, Range 2, Premium Class or height, Grade S-135 in a diameter sufficient for the torque and longitudinal loads and fluid capacities required for the work. 3. A smoothly drilled pilot hole shall follow the design centerline of the pipe profile and alignment described on the construction drawings. 4. The position of the drill string shall be monitored by the directional drilling subcontractor with the downhole survey instruments. The directional drilling subcontractor shall compute the position in the X, Y and Z axis relative to ground surface from downhole survey data, a minimum of once per length of each drilling pipe approximately 20 foot interval. Deviations from the acceptable tolerances described in the Specifications shall be documented and immediately brought to the attention of the Engineer for review and/or approval/rejection. The profile and alignment defined on the drawings for the bores define the required grade. The Contractor shall maintain and provide to the Engineer, upon request, the data generated by the downhole survey tools in a form suitable for independent calculation of the pilot hole profile. 5. Between the entry or exit point, the directional drilling subcontractor shall provide and use a separate steering system employing a ground survey grit system such as “TRU-TRACKER”, or equal, wherever possible. 6. During the entire operation, waste and leftover drilling fluids from the pits and cuttings shall be dewatered and disposed of in accordance with all permits and regulatory agencies requirements. Remaining water shall be cleaned by Contractor to meet permit requirements. 7. The Owner retains the right to sample the monitor and waste drilling mud, cuttings and water. 8. At no point in the drilled profile shall the radius of curvature of the bore be less than 5,000 feet. D. REAM AND PULLBACK 1. Reaming - Reaming operations shall be conducted to enlarge the pilot after acceptance of the pilot bore. The number and size of such reaming operations shall be conducted at the discretion of the directional drilling subcontractor. 2. Pulling Loads - The maximum allowable pull exerted on the HDPE pipelines shall be measured continuously and limited to the maximum allowed by the pipe manufacturer so that the pipe or joints are not overstressed. 3. Torsion and Stresses - A swivel shall be used to connect the pipeline to the drill pipe to prevent torsional stresses from occurring in the pipe. 4. The lead end of the pipe shall be closed during the pullback operation so as to preclude entry of soil or drilling muds.

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5. Pipeline Support - The pipelines shall be adequately supported by rollers and side booms and monitored during installation so as to prevent overstressing or buckling during the pullback operation. Such support/rollers shall be spaced per manufacturer’s recommendations. The rollers shall be comprised of a non-abrasive material arranged in a manner to provide support to the bottom and bottom quarter points of the pipeline allowing for free movement of the pipeline during pullback. Any surface damage shall be repaired by the Contractor before pulling operations may resume. 6. The directional drilling subcontractor shall, at all times, handle the HDPE pipe in a manner that does not overstress the pipe. Vertical and horizontal curves shall be limited so that wall stresses do not exceed 50 percent of yield stress for flexural bending of the HDPE pipe. If the pipe is buckled or otherwise damaged, the damaged section shall be removed and replaced at no expense to the Owner. The directional drilling subcontractor shall take appropriate steps during pullback to ensure that HDPE pipe will be installed without damage. 7. Tracer wire shall be pulled back with pipe and brought to surface and connected to termination/access boxes at both ends. E. HANDLING DRILLING FLUIDS AND CUTTINGS 1. During the drilling, reaming, or pullback operations, the directional drilling subcontractor shall make adequate provisions for handling the drilling fluids, and cuttings at the entry and exit pits. These fluids must not be discharged into any waterway or stormwater system. When provisions for storage of the fluids or cuttings on site are exceeded, these materials shall be hauled away to a suitable legal disposal site. The directional drilling operation shall be conducted in such a manner that drilling fluids are not forced through the sub-bottom into any waterway. After completion of the directional drilling work, the entry and exit pit locations shall be restored to original conditions. The Contractor shall comply with all permit provisions. 2. Pits constructed at the entry or exit point area shall be so constructed to completely contain the drill fluid and prevent its escape to any waterway. The directional drilling subcontractor shall utilize drilling tools and procedures which will minimize the discharge of any drill fluids. The Contractor shall comply with all mitigation measures indicated in the required permits and elsewhere in these Specifications. 3. To the extent practical, a closed loop drilling fluid system shall be maintained. 4. Drilling fluid disposal quantities shall be minimized by utilizing a drilling fluid cleaning system which allows the returned fluids to be used. 5. As part of the installation plan specified herein before, the Contractor shall submit a drilling fluid plan which details types of drilling fluids, cleaning and recycling equipment, estimated flow rates, and procedures for minimizing drilling fluid escape. F. TOLERANCES 1. Pipe installed by the directional drilling method must be located as shown on the Drawings, both horizontally and in profile unless otherwise approved. The directional drilling subcontractor shall plot the actual horizontal and vertical alignment of the pilot bore at intervals not to exceed 20 feet. This “record plan” and profile shall be updated as the pilot bore is advanced. The Contractor shall, at all times, provide and maintain instrumentation that will

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accurately locate the pilot hole and measure drilling fluid flow and pressure. The Contractor shall provide the Engineer with access to all data and readouts pertaining to the position of the bore head and the fluid pressures and flows. 2. When requested, the Contractor shall provide explanations of this position monitoring and steering equipment and data. The directional drilling subcontractor shall employ experienced personnel to operate the directional drilling equipment and, in particular, the position monitoring and steering equipment. No information pertaining to the position or inclination of the pilot bores shall be withheld from the Engineer. 3. The exit point shall fall within a rectangle 5 feet wide and 10 feet long centered on the planned exit point. 4. Sags in the pipeline shall not exceed 2.5 percent of the nominal pipe diameter. The alignment of each pilot bore must be approved by the Engineer before pipe can be pulled. If the pilot bore fails to conform to the above tolerances, the Engineer may, at his option, require a new pilot boring to be made. 5. After the pipe is in place, it shall be flushed, cleaned and disinfected. Refer to Sections 02510 and 02531 for requirements. After the cleaning operation, the Contractor shall provide and run a sizing pig to check for anomalies in the form of buckles, dents, excessive out-of-roundness, and any other deformations. The sizing pig run shall be considered acceptable if the survey results indicate that there are no sharper anomalies (e.g., dents, buckles, gouges, and internal obstruction) greater than 2 percent of the nominal pipe diameter, or excessive ovality greater than 5 percent of the nominal pipe diameter. G. TESTING 1. The pipe shall be hydrostatically tested at 1.5 times working pressure, but not less than 225 psig after joining into continuous lengths prior to installation and again after installation. Pressure and temperature shall be monitored with certified instruments during the test. After this test, the water shall be removed and disposed of in accordance with regulations. Procedures shall be as specified in Sections 02510 or 02531, as applicable. H. ENVIRONMENTAL PROVISIONS 1. The horizontal directional drilling operation is to be completed in a manner to prevent the discharge of water, drilling mud and cuttings to the adjacent stream, groundwater, or land areas involved during the construction process. Equipment and procedures shall maximize the reuse of drilling mud to minimize waste. All excavated pits used in the drilling operation shall be lined by the Contractor with heavy duty plastic sheeting with sealed joints to prevent the migration of drilling fluids. 2. The Contractor and directional drilling subcontractor shall visit the site and must be aware of all structures and site limitations at the directional drilling crossing and provide the Engineer with a drilling plan outlining procedures to prevent drilling fluid from adversely affecting the surrounding area. 3. The general work areas on the entry and exit ends of the drilling shall be enclosed by a berm to contain planned spills or discharge. 4. Waste cuttings and drilling mud shall be processed through a solids control plant comprised at sumps, pumps, tanks, desalter/desander, centrifuges, material handlers, and/or handlers all in a quantity sufficient to perform the cleaning/separating operation without interference with the drilling program.

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The cutting and excess drilling fluids shall be dewatered and dried to the extent necessary for disposal in off site landfills. Water from the dewatering process shall be treated by the Contractor to meet permit requirements and disposed of per the authority requirements. The cuttings and water for disposal are subject to being sampled and tested. The construction site and adjacent areas will be checked frequently for signs of unplanned leaks or seeps, as required by the authority. 5. Equipment and materials for cleanup and contingencies shall be provided in sufficient quantities by the Contractor and maintained by all sites for use in the event of inadvertent leaks, seeps or spills.

3.06 SITE RESTORATION A. At the conclusion of all drilling operations, remove any excavation support systems that may have been installed for the entrance and exit pits. If withdrawal would damage or disturb the roadway subgrade or ground surface, leave supports in place and cut off three feet below finished grade. B. Following pipe installation and backfill operations, restore surfaces to its original grades and conditions.

3.07 BORE PATH REPORT A. The Contractor shall furnish a Bore Path Report to the Engineer within seven days of the completion of each bore path. Include the following in the report: 1. Location of project. 2. Name of person collecting data, including title, position and company name. 3. Identification of the detection method used. 4. Elevations and offset locations of critical changes in bore path. 5. Copy of drilling fluid testing logs.

3.08 RECORD PLANS A. The Contractor shall provide the Engineer with a complete set of Record Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include plan and profile, boring location and subsurface conditions as directed by the Engineer. The plans must show appropriate elevations at 20-foot intervals and be referenced to the design plan datum. Specific plan content requirements include, but are not limited to the following: 1. The horizontal center line of the pipe. 2. Bore path profile. 3. Bore notes on each plan stating the final bore path diameter, pipe diameter, drilling fluid composition, and composition of any other materials used to fill the annular void between the bore path and the pipe.

END OF SECTION 02520

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SECTION 02631 - STORMWATER PIPING

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Stormwater mains and services. B. Stormwater piping end sections/flared outlets.

1.02 REFERENCE STANDARDS A. ASTM Standard Specification D3034 for PVC Pipe and Fittings. B. ASTM Standard Specification F679 for PVC Large-Diameter (18 to 27 in.) Plastic Gravity Pipe and Fittings. C. ASTM Standard Specification D3212 for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals (Gaskets). D. ASTM Standard Test Method D2412 for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. E. ASTM Standard Specification D1784 for Rigid PVC Compounds. F. ASTM Standard Practice D2321 for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications. G. ASTM Standard Specification F477 for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. H. ASTM Standard Specification C361 for Reinforced Concrete Pipe. I. ASTM Standard Specification C443 for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. J. ASTM Standard Specification C76 for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. K. ASTM Standard Specification F405 for Corrugated Polyethylene Tubing and Fittings. L. ASTM Standard Specification F667 for Large Diameter Corrugated Polyethylene Pipe and Fittings. M. AASHTO Standard Specifications M252, M294 and MP6 for Corrugated Polyethylene Drainage Tubing. N. AASHTO Standard Specification M-36 for Galvanized Corrugated Steel Pipe. O. AASHTO Standard Specification M-274 for Aluminized Corrugated Steel Pipe. P. ASTM Standard Specification D1785 for PVC Plastic Pipe, Schedules 40 and 80. Q. ASTM Standard Specification D2665 for PVC Plastic Drain, Waste, and Vent Pipe and Fittings. R. ASTM Standard Specification D2466 for PVC Plastic Pipe Fittings, Schedule 40. S. ASTM Standard Specification D2467 for PVC Plastic Pipe Fittings, Schedule 80. T. ASTM Standard Specification D2564 for Solvent Cements for PVC Plastic Piping Systems. U. ASTM Standard Practice D2855 for Making Solvent-Cemented Joints with PVC Pipe and Fittings. V. AASHTO H-20 criteria for design loading.

1.03 SUBMITTALS A. The Contractor shall submit manufacturer’s certified data for each pipe type to be used on the Project, including: dimensions, specifications of pipe material, gasket material, pipe class/pressure rating, coatings and linings. B. The Contractor shall submit manufacturer’s certified data for each fitting and end

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section type to be used on the Project, including: dimensions, specifications of fitting material, gasket material, fitting class/pressure rating, coatings, linings and joint restraints.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for installation and testing of stormwater piping. B. The Contractor shall protect stormwater piping materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all stormwater piping that does not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner. D. Gravity Stormwater Piping Testing. 1. Engineer shall witness all testing. 2. Visual Inspection a. The Engineer and the Contractor shall lamp the new piping to check for a “full moon” to determine if accurate line was maintained. 3. Mandrel Test of PVC and P.E. piping: a. Flush all piping prior to performing mandrel testing. b. Mandrel testing shall not be completed until at least 30 days after installation of piping to be tested, or as required by the Engineer. c. Testing for deflection shall be done by pulling a properly sized “go, no-go” mandrel through all installed gravity stormwater piping. The mandrel shall be constructed so that it will only pass through piping with deflections of less than 7%. No mechanical pulling devices shall be used. Provisions shall be used during testing to allow mandrel to be “backed out”. d. Piping exceeding the 7% allowable deflection shall be replaced at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 MATERIALS A. Each pipe length and fitting shall be clearly marked with the manufacturer’s name or trademark, nominal pipe size, material designation, dimension ratio, pressure class and ASTM designations. B. Provide all necessary fittings, couplings and accessories, whether or not specifically shown on the Drawings. C. Pipe material and size for different applications shall be as indicated on the Drawings, meeting applicable reference standards and the following requirements, as applicable: 1. SDR35 PVC Stormwater pipe and fittings: a. Pipe and fitting joints shall be push-on bell and spigot type with locked in elastomeric gaskets. b. Pipe shall be furnished in 13 foot laying lengths. c. Pipe and fittings shall be “Ring-Tite”7 or "Enviro-Tite"7 manufactured by Ipex, Inc. or approved equal. 2. Class 3 Reinforced Concrete (RCP) Stormwater pipe and fittings:

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a. Pipe and fitting joints shall be push-on bell and spigot type with o-ring rubber gaskets. b. Pipe shall be furnished in 8 foot laying lengths. c. No lifting holes are allowed. d. Pipe and fittings shall not have any chips, cracks, holes or other defects. Parging or repairing of pipe is not allowed. 3. Corrugated Exterior, Smooth Interior, High Density Polyethylene (HDPE) Stormwater pipe and fittings: a. Pipe and fitting joints shall be push-on bell and spigot type with soil/silt-tight rubber gaskets meeting ASTM Standard Specification F477 for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. b. Pipe shall be furnished in 20 foot laying lengths. c. Pipe and fittings shall be “N-12® ST IB” manufactured by Advanced Drainage Systems (ADS), Inc. or “Hi-Q Sure-Lok” 7 manufactured by Hancor, Inc. or approved equal. 4. Corrugated Metal (CMP) Stormwater pipe and fittings less than 18 inch diameter: a. Pipe and fittings shall be Galvanized Corrugated Steel Pipe with band angle connectors. b. Pipe and fittings shall be minimum 16 gauge unless otherwise indicated. 5. Corrugated Metal (CMP) Stormwater pipe and fittings greater than 18 inch diameter: a. Pipe and fittings shall be Aluminized Type II Corrugated Steel Pipe with band angle connectors and strip gaskets. b. Pipe and fittings shall be minimum 16 gauge unless otherwise indicated. D. Couplings for joining non-pressure pipes of different diameters and/or materials shall be Fernco7 flexible couplings. Couplings shall be of appropriate style and size for the pipes being connected. E. End sections/flared outlets are required for all stormwater pipes beginning or terminating at “daylight”, unless otherwise indicated. End section material shall be the same as the pipe, unless otherwise indicated on the Drawings, or directed by the Engineer. End sections shall be properly connected to the pipe and restrained so as not to settle, separate or pull away. F. Provide all necessary equipment, gauges, piping, pumps and personnel required for testing.

2.02 PRODUCT STORAGE AND HANDLING A. Handle and transport pipe and fittings to insure they are in sound, undamaged condition and to prevent damage to coating and lining. B. Furnish slings, straps and other devices to support pipe and fittings when lifted. Do not drop or drag pipe or fittings from trucks onto the ground or into the trench. C. Examine all pipe and fittings before installing. Defective or damaged materials shall be rejected. D. Pipe or fittings with damaged coatings and/or linings shall be rejected. E. Cracked or chipped pipe or fittings shall be rejected. F. If defective pipe or fittings are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

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G. Plastic pipe and fittings shall be protected from direct sunlight for prolonged periods, to avoid deterioration of the material. H. Extra care shall be taken when handling plastic pipe and fittings in freezing conditions, due to the reduced impact resistance and flexibility.

PART 3.00 - EXECUTION

3.01 GENERAL A. Refer to Section 02300 for excavating, bedding, envelope, backfilling and compaction requirements. B. When cutting of pipe is required, the cutting shall be done with power saws. Cut ends shall be smooth and at right angles to the pipe. Cut pipe ends shall be beveled and de-burred on interior and exterior.

3.02 CONTROL OF GRADE AND ALIGNMENT A. Levels and transits shall be used to establish line and grade for stormwater piping. B. Pipe lasers shall be used to maintain gravity stormwater piping on line and grade. C. Pipe and fittings shall be laid accurately to the lines, grades and locations indicated on the Drawings.

3.03 INSTALLATION A. Push-on bell and spigot type joints shall be assembled as follows: 1. Verify that the proper gasket is being used for the pipe and fitting type. 2. Clean the bell, spigot and gasket. 3. Check the bell, spigot and gasket for damage. 4. Install gasket in bell, in proper direction. 5. Apply a thin film of lubricant to the surface of the gasket which contacts the spigot. Use the manufacturer’s recommended lubricant for the pipe and gasket type. 6. Apply a thin film of lubricant to the spigot end of the pipe or fitting. 7. Keep the gasket, spigot and bell clean. Do not allow the end of the pipe to contact the ground. Any deleterious material in the joint will result in leaks. 8. Keep the spigot and bell ends straight while the joint is being “homed”. 9. Push the spigot end of the pipe into the bell the manufacturer’s recommended distance to obtain a proper seal. 10. Do not push the spigot end of the pipe into the bell beyond the manufacturer’s recommended distance. 11. If an effective seal is not attained at the joint, the joint shall be disassembled, cleaned, the gasket replaced and then the joint reassembled. B. Do not joint pipe or fittings under water. C. Support the pipe and fittings fully along their entire length. D. Open ends of pipe shall be temporarily plugged or capped to keep deleterious material out. E. Install fittings, bends, service connections, couplings as necessary. F. Check pipe for alignment and grade before placing Initial Backfill material. G. Cleanouts shall be assembled as follows: 1. Cleanouts shall be installed in locations indicated on the plans, where a run of pipe is greater than one-hundred feet without any bends or at each bend or change in direction of 45O or more.

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2. Cleanouts shall be constructed by installing a wye and two 45O bends of the same diameter as the storm lateral pipe. 3. Cleanouts shall be brought up to four inches of the final grade 4. Cleanout frame and covers shall be brought to grade. H. Test pipe and fittings as specified.

END OF SECTION 02631

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NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 LAWNS AND GRASSES 02930 - Page 1

SECTION 02930 - LAWNS AND GRASSES

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Preparation, furnishing and installing topsoil, fertilizer, seed and mulch. B. Maintenance of lawns and grasses.

1.02 SUBMITTALS A. The Contractor shall submit seed mix compositions and analysis for each seed mix type to be used on the project. Each seed mix shall indicate percentage and germination of each seed type in the mixture. Purity and weed seed content of the mixture shall be indicated. B. The Contractor shall submit the location of source, analysis and sample of off-site topsoil, as required by the Engineer.

1.03 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for the work included. B. The Contractor shall protect lawn and grass areas and materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall remove and/or rework all lawn and grass areas that do not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner. D. Lawn and grass areas shall have a healthy, uniform growth upon completion, with no weeds, bare spots, rocks, clumps, or standing water.

PART 2.00 - PRODUCTS

2.01 MATERIALS A. Topsoil shall be fertile, natural soil, typical of the locality, unfrozen, friable clay loam. It shall be free from clay lumps, stones, roots, sticks, stumps, peat, weeds, sod, brush, noxious seeds, or foreign materials. 1. Topsoil shall have a pH range of 6 to 8. 2. Topsoil shall not contain toxic material harmful to plant growth. 3. Topsoil shall be removed and stockpiled from the disturbed areas. In the event the topsoil removed during excavation is unsatisfactory or insufficient to obtain the required finished grades, the Contractor shall furnish the required quantity of satisfactory topsoil from approved off-site sources at no additional expense to the Owner. 4. Under no circumstances may the Contractor remove topsoil from the work area of this project for use elsewhere. B. Fertilizer shall be a standard commercial grade prepared and packaged material containing a minimum of 10 percent nitrogen, 10 percent phosphoric acid and 10 percent potash. Fertilizer shall comply with local, state and federal laws. 1. Fertilizer shall be delivered in the original, unopened containers, each showing the manufacturer’s guaranteed analysis. It shall be stored so that when used it

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is dry and free-flowing. C. Seed mixtures shall be of commercial stock of the current or previous season’s crop, shall be delivered in unopened containers bearing the dealer’s guaranteed analysis and shall not have a weed content of exceeding 0.4% by weight and shall be free of all noxious seed. Seed shall be stored in a dry, protected place. Seed that becomes wet, moldy, or otherwise damage will be rejected. 1. Urban mix grass seed meeting the following mixture shall be used for finished lawns, public street grass areas and any other maintained grass areas. Minimum Percent by Minimum Percent Percent Type of Seed Weight Purity Germination

Creeping Red Fescue 98% 42.5% 85%

Kentucky Bluegrass 42.5% 85% 85%

Pennfine or 95% 10% 85% Perennial Rye

Annual Rye Grass 5% 85% 95%

2. General lawn mix grass seed meeting the following mixture shall be used for finished lawns, public street grass areas and any other maintained grass areas.

Percent by Minimum Minimum Percent Type of Seed Weight Percent Purity Germination

Certified Julia, Dawn or Shamrock Kentucky 40 98 99 Bluegrasses Shademaster Creeping 40 98 85 Red Fescue Commander Perennial Ryegrass 20 90 80

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3. Conservation mix grass seed meeting the following gradation shall be used for all other grass areas where urban mix is not used.

Type of Seed Percentage by Weight

Creeping Red Fescue 35.0%

VNS Turff-Type Tall 25.0% Fescue

Annual Rye 15.0%

Pennfine or Manhattan 12.0% Perennial Rye

Kentucky Bluegrass 10.0%

White Clover 3.0%

D. Hay mulch shall consist of mowed and properly cured stalks of oats, wheat, rye or other approved crops free from weeds, swamp grass, twigs, debris, rot, mold or other deleterious material. Wildflower seed shall not be mulched with hay; light straw mulch shall be used if recommended by seed supplier. E. Water shall be furnished by the Contractor which is suitable for irrigation and free from ingredients harmful to plant life. Hose and any watering equipment required shall be furnished by the Contractor.

PART 3.00 - EXECUTION

3.01 PREPARATION A. Seeding shall only be done when weather and season will allow proper germination. B. Areas to receive topsoil shall be graded to a depth of not less than four inches below the finished grade. If the existing depth of topsoil prior to construction was greater than four inches, the topsoil shall be replaced not less than the greater depth. C. Remove all debris, sticks, roots, stones and inorganic material and rake subgrade prior to placing topsoil. Topsoil shall not be placed on frozen or muddy subgrade.

3.02 INSTALLATION - GRASS A. Specified topsoil shall be spread and lightly compacted on the prepared subgrade to the depth required. B. Uniformly spread the fertilizer at a rate of 20 pounds per 1,000 square feet and immediately mix with the upper two inches of topsoil. C. Immediately following this preparation, uniformly apply the seed at a rate of 5 pounds per 1,000 square feet. D. Lightly rake the seed into the surface. Lightly roll the surface and water with a fine spray. E. Promptly thereafter or within 24 hours after the seeding, lightly and uniformly mulch the area at a rate of 90 pounds per 1,000 square feet. Mechanical or hand spreaders

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may be used. Excessive amounts or bunching of mulch will not be accepted. F. Mulch shall be anchored by an acceptable method. G. Unless otherwise specified, mulch shall be left in place and allowed to disintegrate. Any anchorage or mulch that has not disintegrated at time of first mowing shall be removed. H. Seeded areas shall be watered as often as required to obtain germination and to obtain and maintain a satisfactory sod growth. Watering shall be done in a manner to prevent washing out of seed or mulch. I. All lawn and grass areas shall drain properly. Under no circumstances will standing water or puddling be allowed. J. Hydroseeding may be accepted as an alternative method of applying fertilizer, seed and mulch, upon approval of the Engineer.

3.03 MAINTENANCE AND PROTECTION A. Contractor shall mow all lawn areas before the new grass reaches a height of three inches. Not more than a of the grass leaf shall be removed by the initial or subsequent cuttings. Contractor shall maintain and mow all lawn areas until Substantial Completion of the Project. B. The Contractor shall be responsible for protecting and caring for seeded areas until final acceptance of the work. The Contractor shall repair and replace, at no additional expense to the Owner, all areas where seed has failed to germinate, or any areas damaged by erosion, weeds, pedestrian or vehicular traffic or other causes.

END OF SECTION 02930

NORTH BENNINGTON WATER DEPARTMENT - WATER DISTRIBUTION EXTENSIONS Summer, 2017 Otter Creek Engineering, Inc. © 2017 CURB AND SIDEWALK 03301 - Page 1

SECTION 03301 - CURB AND SIDEWALK

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Cast-in-place concrete curb, sidewalk and ramps. B. Granite curb. C. Detectable Warning Surface (Truncated Domes).

1.02 REFERENCE STANDARDS A. Where referenced, the Contractor shall adhere to the latest version of the State of Vermont Agency of Transportation (VTrans), AStandard Specifications for Construction”.

1.03 SUBMITTALS A. The Contractor shall submit separate project mix criteria according to the reference standards for each concrete type to be used on the project, including all calculations, data and information necessary for mix evaluation and placement review and testing. The contractor shall secure the Engineer’s approval for the mix design a minimum of 48 hours prior to the start of concrete placement. B. The Contractor shall submit manufacturer’s data and secure the Engineer’s approval for fiber reinforcement, admixtures, curing and sealing compound, exposed aggregate/surface treatment retardant compound and all other necessary materials before the start of concrete placement. C. The Contractor shall submit the name and address of quarry and supplier of granite. If required by the Engineer, a granite sample shall also be supplied. D. The Contractor shall submit manufacturer’s data and secure the Engineer’s approval for truncated domes before the start of concrete placement.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for placement and finishing of curb and sidewalk. B. The Contractor shall protect curb and sidewalk materials before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. 24 HR notification required prior to concrete being placed. D. Testing to verify air content and slump of concrete being placed shall be done at the time of placement, at the Engineer’s discretion. E. Cylinder samples for concrete strength testing shall be taken at the time of placement, at the Engineer’s discretion. F. The Contractor shall keep a record at the project site showing time and location of each segment of concrete placed, together with mix delivery slips certifying the contents of each load of concrete. One copy of all such records shall be furnished to the Engineer. G. Upon direction of the Engineer, the Contractor shall cut out and replace all curb and sidewalk that do not meet the requirements of this Section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

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PART 2.00 - PRODUCTS

2.01 MATERIALS A. Concrete curb and sidewalk shall have a minimum compressive strength of 4,000 psi at 28 days, unless otherwise specified, and shall meet all other requirements for Class A Concrete in the referenced standard, unless revised below. 1. Air entrainment shall be 7% ±1.5%, or shall be 6% ± 2.0% for slipform curb and gutter. 2. Maximum Water - Cement ratio shall be 0.44. 3. Min. Cement Factor (lbs/C.Y.) shall be 660, or shall be 680 for slipform curb and gutter. 4. Maximum Slump shall be 4-inches without water reducing admixtures, or shall be 1-inch ±0.5-inch without water reducing admixtures for slipform curb and gutter. When a multi range water reducer is approved, refer to concrete mix design for slump requirements. The mix shall not exhibit segregation at the slump/spread used at placement. B. Concrete curbs and sidewalks shall have Grace Construction Products “MicroFiber” TM reinforcement admixture, “Micromesh®” or equal. 1. Fibers shall be ¾-inch polypropylene, maximum 3 denier, complying with ASTM C1116, Type III, Par. 4.1.3. 2. Fibers shall be added at the concrete batch plant to ensure proper mixing. Mix in truck for a minimum of 20 minutes after fiber addition. 3. Fiber application rate shall be one pound per cubic yard of concrete, resulting in not less than 50 million individual fibers per pound. C. Portland Cement shall be ASTM C150, Type II unless otherwise specified. Use of air-entraining or other types of cements is prohibited without the prior acceptance of Engineer. Use only one brand of cement. Color variations which prejudice the appearance of exposed concrete are deemed unacceptable. D. Fine Aggregate for concrete shall meet ASTM C33. E. Coarse Aggregate for concrete shall meet ASTM C33, ¾-inch maximum size. F. Concrete Admixtures 1. Air Entraining - “Darex II AEA”, by W.R. Grace, “Micro Air” by BASF The Chemical Company or approved equal. Use of air entraining cement is prohibited. Air entraining admixtures shall be added to all concrete which will remain exposed to freezing and thawing. Other concrete may be air entrained at Contractor’s option. 2. Water Reducing Retarder - ASTM C-494 - “Pozzolith 100XR” by BASF The Chemical Company, "Daratard 17" by W.R. Grace or approved equal. Quantity of retarder to be added per sack of cement shall be as recommended by the approved manufacturer for general use and as required to suit actual ambient or mix temperatures. 3. Water Reducing - “Glenium 7500” by BASF The Chemical Company, “ADVA 140" by W.R. Grace or approved equal. 4. Accelerator - ASTM C-494C - "Pozzutec 20+" by BASF The Chemical Company, "Polarset" by W.R. Grace, "Daraset 400" by W.R. Grace or approved equal. A non chloride non corrosive set accelerating admixture may be used where ambient air temperature is <40OF. Chloride based accelerators shall not be permitted. 5. No other admixtures are permitted without the prior review of the Engineer.

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6. Admixtures shall be compatible with one another and with aggregates, cement, finishing materials, and other materials which may be affected thereby. G. Mixing water shall be fresh, clean and potable. Should Engineer question the suitability of the water, Contractor shall have it tested in accordance with AASHTO T-26. H. Curing and sealing compound shall be HARRIS CERTI-VEX® AC 1315" as manufactured by A.H. Harris & Sons, “Lin-Seal White” as manufactured by WR Meadows, or equal. I. Exposed aggregate/surface retardant compound shall be “Rugasol-S” as manufactured by Sika Corporation, or equal. J. Expansion joint material shall be preformed type with vegetable fibres, mineral fillers and two asphalt-saturated felt liners, complying with ASTM D994, with a minimum thickness of 2-inch. Depth of expansion joint shall be the thickness of the concrete minus ¼-inch. Expansion joints shall be provided at all joints between building slabs and foundations, joints in sidewalks, driveways, curbs, steps, and at other locations shown on the Drawings. K. Detectable Warning Surface (Truncated Domes) shall be a pattern of truncated domes that meets the dimensional and spacing requirements of the Americans with Disabilities Act (ADA) Accessibility Guidelines. 1. Detectable warning surfaces shall be provided on sidewalk ramps at locations shown on the Drawings. 2. Truncated domes shall be cast iron. 3. The Detectable Warning surface shall be cast iron as manufactured by Neenah Foundry. 4. The Detectable warning surface shall be one of the products on the “Approved Products List” on file with the VTrans Materials and Research Section, telephone number 802-828-2561. L. Granite Curb shall consist of hard, durable, quarried granite. It shall be gray in color, free from seams, cracks or structural defects and shall be of a smooth splitting character. The curb may have natural color variations that are characteristic of the granite source. 1. The individual curb stones shall be of the dimensions indicated on the Drawings and shall be of uniform thickness in any continuous run. The individual curb stones shall be furnished in minimum lengths of 6 feet, unless otherwise specified. 2. The top surface of the curb stones shall be sawed to an approximately true plane and shall have no projection or depression greater than ⅛-inch. The bottom surface may be sawn or split. 3. The top front arris line shall be rounded as indicated on the Drawings. The exposed arris line shall be pitched straight and true, with no variations from a straight line greater than ⅛-inch. 4. The front face shall be at right angles to the plane at the top and shall be smooth quarry split. Drill holes in the exposed part of the face shall not be permitted. The front face shall have no projections greater than one inch or depressions greater than 2 inch, measured from the vertical plane of the face through the top arris line for a distance of eight inches down from the top. For the remaining distance, there shall be no projections or depressions greater than one inch measured in the same manner. 5. The back surface of the curb stones shall have no projection for a distance of

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three inches down from the top which would fall outside of a plane having a batter of one horizontal to three vertical from the back arris line. 6. The ends of all curb stones shall be square with the planes of the top and front face and so finished that when the stones are placed end to end as closely as possible, no space more than one inch shall show in the joint for the full width of the top or down on the face for eight inches. The remainder of the end may break back not over six inches from the plane of the joint. M. Mortar between Granite Curb sections shall be Type I, conforming to Section 707.01 of the referenced standard.

PART 3.00 - EXECUTION

3.01 CAST IN PLACE CONCRETE CURB AND SIDEWALK A. Weather and Site Conditions 1. Cast in place concrete shall not be placed when the air temperature at the site in the shade and away from artificial heat is below 40OF, unless directed by Engineer. 2. Freshly placed concrete shall not be allowed to exceed 85OF, unless directed by Engineer. 3. Concrete shall not be placed on a frozen or thawing base or when weather or other conditions would prevent the proper handling, finishing or consolidation of the material. 4. The Contractor shall haul, transport and place concrete in manners to prevent segregation of aggregate from the mix. B. Fix Forming or Slipform Paving 1. Fix Form a. The contractor may use metal or wood forms appropriate for the purpose. Forms shall be free from warp and sufficiently strong to resist the weight of concrete. b. Forms shall be cleaned and oiled before placing. The Contractor shall brace and stake forms adequately to hold line and grade until removed. c. Slip forms may not be used without the written approval of the Engineer. 2. Slip Form Paving a. Using a self-propelled slip form paver or combination of pavers equipped with traveling forms rigid enough to produce the required cross section, shall spread, consolidate, screed and finish the concrete in one complete pass of the machine which will keep hand finishing to a minimum. The slip form machine must produce dense homogeneous concrete and have internal vibrators capable of consolidating the entire concrete placement. b. Use equipment guided by reference system to ensure the concrete is placed to the specified line, grade, and cross section. C. Placing Concrete 1. The Contractor shall place sufficient concrete to attain full depth at all sections along walk or curb. 2. The Contractor shall thoroughly consolidate the concrete so that all honeycombs will be eliminated.

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D. Finishing Concrete 1. Surface is to be finished by float. 2. No plastering or patching is permitted. 3. Edges of walks and curbs are to be rounded with edger with 3 inch radius. 4. Before the concrete is set, the Contractor shall test for waves or irregularities with a straight edge (10 feet long). All defects above or below the proper surface of more than 3 inch shall be corrected. 5. After screeding and floating, the Contractor shall finish sidewalks with broom, drawn over surface perpendicular to the line of traffic. 6. The Contractor shall make final pass with edger and jointer after broom finishing. 7. Handicap ramps and other sections as designated on the Drawings are to have exposed aggregate finish. E. Joints 1. Expansion joints in walk and curb shall be placed every 20 feet, and shall be formed around fixed objects such as, but not limited to, buildings, manholes, utility poles, curb stops, steps and valve boxes. 2. Expansion joints and filler mate rial shall extend full depth of walk and curb. 3. “Dummy” joints in walk and curb shall be placed every 5 feet, unless otherwise specified. Dummy joints shall be ⅛-inch wide and 12 inches deep, and rounded with edger with 3-inch radius. F. Curing 1. The Contractor shall apply first coat of curing and sealing compound, at manufacturer’s recommended application rate, uniformly and evenly, as soon as possible after final finishing. 2. The Contractor shall use moist burlap for curing. 3. The Contractor shall apply exposed aggregate retarding compound, where required, at manufacturer’s recommended application rate, after surface is finished. The Contractor shall power wash the surface in approximately 12 hours, subject to weather conditions. 4. The Contractor shall ensure a minimum of 3 days without pedestrian traffic and 14 days without vehicle traffic. The contractor shall provide barriers and protection as necessary to prevent damage. Any sections damaged or marked shall be replaced by the Contractor at no additional expense to the Owner. 5. The Contractor shall protect the concrete from rain, freezing or inclement weather. 6. The Contractor shall apply second coat of curing and sealing compound at manufacturer’s recommended application rate, uniformly and evenly, after 7 days.

3.02 DETECTABLE WARNING SURFACE A. Detectable Warning Surface shall be installed by following all applicable supplier’s and manufacturer’s requirements for environmental conditions, surface preparation, installation procedures, curing procedures and materials compatibility. B. The Contractor is responsible for removing any material spatters. The Contractor shall repair any damage that should arise from installation or clean-up effort.

3.03 GRANITE CURB A. The curb and slope edging shall be set so that the front top arris line conforms to the

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line and grade required. All space under and behind the curbing shall be filled with concrete (4,000 psi). B. The curb and slope edging shall be laid so there will be no open joints exceeding one inch between stones. Joints between stones shall be carefully filled with mortar, Type I, and neatly pointed on the top and exposed front portions. After pointing, the stone shall be satisfactorily cleaned of all excess mortar and the joints kept moist until the mortar has set.

END OF SECTION 03301

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SECTION 15123 - WATER METERS AND APPURTENANCES

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. All labor, materials, equipment and services to furnish and install water meter assemblies including meters, remote readers, meter setters, meter pits, ball valves, backflow preventers, copper pipe, fittings, expansion tanks, hangers, supports, plumbing modifications and all other items required for a complete water meter assembly as specified herein and in accordance with the Contract Documents.

1.02 REFERENCE STANDARDS Information and requirements contained in this Construction Standard are based on the most recent version of the following standards: A. AWWA Standard C700 for Cold-Water Meters - Displacement Type, Bronze Main Case. B. AWWA Standard C701 for Cold-Water Meters - Turbo Type. C. AWWA Standard C706-70 for Direct Reading-Remote Registration Systems for Cold-Water Meters. D. ANSI/NSF Standard 61, Section 8. E. State of Vermont’s “Lead in Consumer Products Law”, “No-Lead” Provisions of Act 193 [9 VSA 2470 h(2)].

1.03 SUBMITTALS A. The Contractor shall submit manufacturer’s shop drawings, installation instructions and operation and maintenance manuals for the water meters, remote readers, meter setters, ball valves, backflow preventers, copper pipe, fittings and expansion tanks, meter pits, VDRD, MRD, and software. B. Manufacturer’s Certification that all displacement type meters supplied meet AWWA C-700, latest revision. C. Manufacturer’s Certification that all turbo type meters supplied meet AWWA C-701, latest revision.

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and equipment required for installation and testing of water meters and appurtenances. B. The Contractor shall protect water meters and appurtenances before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. C. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all water piping that does not meet the requirements of this section. The Contractor shall perform all remedial measures at no cost to the Owner. D. All plumbing work shall be performed under the direction of a Vermont Licensed Master Plumber.

1.05 WARRANTY A. The Contractor shall warrant that the installation is free of defects for a period of one year from date of final completion and acceptance by Owner. B. The water meter manufacturer shall guarantee that its meters shall perform to AWWA

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new meter accuracy standards for a period of one year after date of final completion and acceptance by Owner. C. If the Owner has data indicating a meter assembly installed under this Contract is registering inaccurately, within the warranty period, the Contractor shall be responsible for removing, testing and/or replacing the meter equipment, as required by the Owner.

PART 2.00 - PRODUCTS

2.01 METER ASSEMBLY A. The Engineer and Contractor will review each installation and determine: 1. The type and size of water meter required. 2. The type and size of backflow preventers required. 3. The type and size of pressure reducing valve required, if necessary. 4. The type and size of expansion tank required, if necessary. B. Each meter assembly shall include: 1. One (1) meter setter (type and size, as appropriate). 2. One (1) water meter (type and size, as appropriate) with an electronic communications register. 3. One (1) waterproof touch read electronic communicator. 4. One (1) backflow preventer (type and size, as appropriate). 5. Two (2) pack joint compression fittings (type and size, as appropriate). 6. Two (2) ball valves (type and size, as appropriate). 7. One (1) pressure reducing valve, if warranted (type and size, as appropriate). 8. One (1) expansion tank, if warranted (type and size, as appropriate). 9. Remote reader wire. 10. Copper pipe, fittings and adapters as necessary.

2.02 DISPLACEMENT TYPE WATER METERS A. Meters shall be “Neptune T-10 Pro-Read” compatible with the Owner’s meter reading equipment, or approved equal. 1. Alternates may only be approved by the Owner via the Engineer, in accordance with Section 01300. B. Meters shall be displacement type, magnetic drive, cold water meters, meeting the following specifications: 1. Housing: frost-proof with a non-corrosive waterworks bronze outer case. 2. Measuring Chamber: separate postulating piston-type or flat nutating disc-type, which can be easily removed from the case. 3. Frost bottoms: cast iron. 4. Magnets: almco. 5. Piston: hard rubber. 6. Trim and casing bolts: stainless steel. 7. All meters shall have cast on them, with raised characters, the size and direction of flow through the meters. Meter serial number shall be imprinted on each meter case. 8. Meters shall be of a tamper-resistant design. 9. Meters shall have low flow leak detector, full test circle, local odometer reading in 100 gallon increments. Register capacity shall be gallons with two fixed zeros.

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10. Meters shall have an electronic communications register compatible with the Owner’s touch read automated system. 11. Accuracy shall be 100± 1.5% of actual throughput. 12. Low Flow Registration shall be 95% at ¼ gpm. 13. Max Pressure Loss shall be 10.8 psi at 20 gpm. 14. Max Operating Pressure shall be 150 psi. 15. Registration shall be possible up to 1,000,000 gallons. 16. Regardless of any named manufacturer, all meters shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the meter shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193). C. Meters shall be sized based upon the anticipated flows, utilizing the following guidelines: 1. 5/8” x 3/4” for 1gpm to 20 gpm 2. 3/4” x 3/4” for 1gpm to 30 gpm 3. 1” for 1gpm to 50 gpm 4. 12” for 2gpm to 100 gpm 5. 2” for 22 gpm to 160 gpm D. Meter shall not be painted.

2.03 REMOTE READERS A. Each meter installed inside a building shall be equipped with a matched, self-generating, weatherproof, tamper-proof, touch read electronic communicator, mounted on building exterior. B. Remote readers shall be connected to the water meter with necessary length of four conductor, 22 gauge, insulated copper wire.

2.04 METER SETTERS A. Meter Setters shall be Ford “Kornerhorn” type, or equal, of appropriate size for the meter. B. Meter setters shall have removable pack joint assembly and meter gaskets. C. Other fittings such as pack joints or angle meter couplings may be required depending on the installation. D. Regardless of any named manufacturer, all meter setters shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the meter setters shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193).

2.05 DUAL CHECK VALVE ASSEMBLY A. Dual check valve assemblies shall be Watts “Series 7” or Ford “Kornerhorn Dual Check”, or approved equal. B. Regardless of any named manufacturer, all Dual Check Valves shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the Dual Check Valves shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193).

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2.06 REDUCE PRESSURE PRINCIPLE BACKFLOW PREVENTERS A. Reduced pressure principle backflow preventers shall be Watts “Series 009QT” or approved equal, conforming with AWWA Standards. B. Reduced pressure principle backflow preventer shall be a complete assembly consisting of two independently acting spring-loaded toggle lever check valves together with an automatically operating pressure differential relief valve located between the two check valves. First check valve shall reduce the supply pressure a predetermined amount so that during normal flow and the cessation of normal flow, the pressure between the checks is less than the supply pressure. C. In the case of leakage of either check valve, the differential relief valve shall discharge to atmosphere to maintain the pressure between the checks, less than the supply pressure. D. Unit shall be fitted with properly located test cocks. E. Operation shall be completely automatic. F. All parts must be removable or replaceable without removal of the unit from the line. G. Total head loss through the complete backflow assembly shall not exceed 15 psi at the “rated flow”. H. Provide a drain to the outside when a floor drain is not available. I. Regardless of any named manufacturer, all Reduced Pressure Principle Backflow Preventers shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the Reduced Pressure Principle Backflow Preventers shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193).

2.07 PRESSURE REDUCING VALVE A. Pressure reducing valve shall be Watts “Series 25AUB”, or approved equal, conforming with AWWA Standards. B. Pressure reducing valves (PRV) shall be installed on all residential, commercial, and industrial plumbing with incoming water pressure exceeding 80 psi at the foundation wall. C. All PRVs shall have bronze body construction with an integral stainless steel strainer, suitable for accommodating a maximum 300 psi inlet pressure, with a reduced pressure range of 25-75 psi, factory set at 50 psi. D. The Contractor may replace an existing PRV if found to be defective. The Contractor shall document and field verify its inoperability. The Engineer shall be present to attest to the valve’s inoperability prior to replacement. Replacement of an existing PRV will constitute installation of a new PRV. E. Regardless of any named manufacturer, all Pressure Reducing Valves shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the Pressure Reducing Valves shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193).

2.08 BALL VALVES A. Two ball valves shall be installed on the water service line immediately inside the foundation wall, and above the meter assembly, to allow isolation and removal of the meter assembly for servicing. B. Ball valves shall be bronze with operating handle, manufactured by Ford, Mueller or

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approved equal. Valves shall be threaded for easy incorporation into meter setter and pack joints, without additional fittings. All valves shall be AWWA approved. C. Regardless of any named manufacturer, all Ball Valves shall be “No-Lead”. “No-Lead” shall mean that the brass alloy used to manufacture the Ball Valves shall have a lead level equal to or less than 0.1%, meeting the intended requirements of ANSI/NSF-61, section 8, as well as the “No-Lead” requirements of Vermont’s Lead in Consumer Products Law (Act 193).

2.09 COPPER PIPE AND FITTINGS A. Copper tubing for inside structures shall be Type “L”, hard temper copper tubing conforming to ASTM Specification B-306. B. Fittings shall be wrought-copper solder type fittings. Solder shall have less than 0.2% lead content. C. Contractor shall provide di-electric unions in piping systems wherever dissimilar types of piping are connected. D. Contractor shall assume each installation will require up to fifteen feet (15’) of appropriately sized copper pipe and associated fittings and adapters.

2.10 EXPANSION TANKS A. A pre-pressurized diaphragm type expansion tank shall be installed in the existing plumbing if, in the opinion of the Master Licensed Plumber, over-pressurization of the existing interior plumbing may occur. The plumber shall notify the Engineer and receive authorization prior to installing expansion tanks and provide justification based on specific location. B. It is not the intent of this Contract to install expansion tanks on every customer’s service. It shall be left up to the installer’s Master Plumber licensing to determine when an expansion tank is essential to avoid over-pressurizing the system. An expansion tank may be required when the following conditions exist in the interior plumbing system. 1. Rapid recovery hot water heaters. 2. Multiple large volume (>80 gallon) hot water heaters. 3. Multiple “dead end” branches in the interior plumbing. 4. High static pressures in the interior plumbing. C. Pre-pressurized diaphragm type expansion tanks shall be Amtrol “Therm-X-Trol ST-5”, or approved equal. Expansion tanks shall be NSF approved. D. Installation shall be in accordance with manufacturer’s published instructions; installed where requested by the customer.

2.11 METER PITS A. Meters serving buildings without basements shall be installed in meter pits located along the building service. B. The meter pit shall be a 21-inch diameter Mueller7 / McCullough Riser EZ-SETTER7 Meter Box, 60 inch deep, PVC riser, open bottom, with 18-inch diameter cast iron frame and locking cover and 4-inch thick insulated closed cell foam insert. C. Provide meter pit extensions as necessary to achieve specified bury depth of water service. D. Install meter pit on 12-inch thick crushed stone base. E. Remote readers for meter pits shall be mounted on a 4”x4” pressure treated post, buried 36” in ground and 48” high.

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F. Provide Owner with two (2) cover keys.

2.12 PRODUCT STORAGE AND HANDLING A. Handle and transport water meters and appurtenances to insure they are in sound, undamaged condition and to prevent damage. B. Examine all materials before installing. Defective or damaged materials shall be rejected. C. If defective materials are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

2.13 WATER METER INSULATION JACKET A. Where it recommended by the Contractor or Engineer that insulation be placed around the meter, the Contractor shall install a 2-piece molded expanded polystyrene jacket over the meter, “Water Jacket” by Select Products, Inc. or approved equal.

PART 3.00 - EXECUTION

3.01 GENERAL A. The Owner shall supply all customer data to the Contractor, including customer names, phone numbers, street and mailing addresses. B. The Owner shall notify the customer of the work prior to construction. C. As a portion of work under the Contract, the Contractor shall direct mailings, detailing the work to be done, to each home. The mailings shall request that the customer call a toll free or local number to make appointments for installation dates and times. D. If a customer does not respond to the letter, the Contractor shall attempt to contact the homeowner by phone (once during the day, once on the weekend or at night). Failing that, a card will be left at the homeowner’s door by the Contractor, asking the customer to call a toll-free or local number for the rescheduling. After these four attempts by the Contractor, the contact will become the responsibility of the Owner. E. Employees of the Contractor will provide clear identification when attempting to gain access to a home. The installers will contact the local police to notify them of the work. All Contractor vehicles will be clearly marked on both sides with the Contractor’s company name, and will also be registered with the proper town officials. F. The Contractor may be required to work nights and weekends to complete the installations on schedule at no additional cost to the Owner. Night and weekend work will be kept as a last resort for installations in “lockout” situations, and unforeseen delays. In the case of nighttime work, sufficient lighting and other precautions will be taken so as to insure the same degree of accuracy in workmanship, and the same conditions regarding safety as would be achieved in daytime. G. Contractor employees shall not attempt to enter any dwelling in which there is not an adult present. H. In the case of immediate problems or questions, the Contractor will be available at all times to assure a quick response time to emergencies through a telephone activated beeper, and through the use of a radio system. I. All installations shall be performed by a Vermont Licensed Master Plumber, who will be directly responsible for the means, methods, techniques, sequences, and procedures of the installation. J. Before beginning non-standard installations, the Engineer will review and the Owner must approve any additional work required.

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K. “Non standard” installations are those which require additional work due to the existing piping. Installations shall be deemed “non-standard” in the following situations: 1. The existence of more than two “early branches” that necessitate re-plumbing. 2. Lack of free working space requires structural modifications or carpentry work. L. The Owner shall be responsible for the location and operation of outside curb valves when required. M. The Engineer and Owner will be notified by the Contractor of plumbing found to be of questionable condition, and will notify the homeowner prior to the installation.

3.02 INSTALLATION A. Water meter assemblies shall be installed according to the Drawings in accordance with the manufacturer’s recommendations. B. Contractor shall work in an expeditious manner, with all necessary pipe, fittings and meter at the site prior to disrupting service and beginning work. In no case will water service be interrupted overnight, except by special arrangement with the Owner. C. Contractor shall connect the water service and cold water plumbing to the new water meter assembly to create a fully functioning system. D. Meter shall be installed into building supply piping at a location which will not allow any bypass of the meter on the service connection. The meter shall be installed prior to any plumbing connections to the service line, as close to the service entrance as possible. E. Make interior plumbing modifications as required to insure the integrity of the meter-reading system and modified plumbing system. F. If lead services are discovered, they shall be reported, in writing, to the Engineer. Meters shall not be installed on lead services. G. Install hangers, supports and mounting devices as required to provide support for piping and meter assembly. H. A pre-pressurized diaphragm type expansion tank shall be installed in the existing plumbing if there is danger of over-pressurization of existing plumbing system, when justified as previously stated. I. Installation in mobile homes shall be inside, if possible; otherwise in meter pits. J. Contractor shall provide a record of work performed, size of service and service material. Document existing meter reading, remote reading and meter serial number and provide to the Owner through the Engineer. K. The pack joints will be set and tightened in a manner that will not disturb the overall grounding capability of the piping systems. L. The meter and connections shall be sealed against unnoticed removal with the use of meter seal wire and a meter seal.

3.03 DISINFECTION AND TESTING A. Disinfection shall be performed by dipping and swabbing the various components in or with a 15% chlorine solution. B. Upon completion of the installation, refill the building piping with water, allowing 30 minutes of contact time for the chlorine to react prior to flushing the lines. During this period, check all new work for leaks at normal system pressure, and make any repairs necessary to stop all leaks.

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3.04 RECORDS A. Each installation will be carefully documented for the purpose of progress, as well as the records of the Owner. This documentation shall include: 1. Name of property owner (or commercial name). 2. Address. 3. Sketch of building showing approximate location of service, meter, readout, street, north direction arrow and any other pertinent data. 4. Date of installation. 5. Locations, size and serial numbers of the meter, remote readout receptacle, backflow preventer. 6. Size and quantity of other materials used, (i.e. ball valves, pressure reducing valves, expansion tanks. 7. The condition of existing piping. 8. Flow verification test results. 9. Wiring continuity check results. 10. Any comments or problems. B. The Contractor shall verify on the completion report that there is not any other water supply connected to the building’s drinking water plumbing system. C. Documentation shall be submitted monthly with the request for payment. A lack of documentation will prevent payment for the affected locations. D. Record information for each installation and provide one clean and legible set of such records to the Owner at the completion of work.

3.05 INSTALLATION OF REMOTE READING RECEPTACLE A. The placement of the outside receptacle shall be that position which best meets the following criteria: 1. Close to electric meter. 2. Accessibility through all four seasons, especially a plowed or shoveled area in the winter. 3. Periodic readings should not destroy property, such as flower beds or shrubbery. 4. Meter reader should not have to go within a fenced-in area. B. Final placement of meter receptacle will be the decision of the Owner. C. Three feet of excess wire will be left available near the meter to assist in any future upgrades. D. The receptacle wiring will be kept taut and straight. Every attempt will be made to keep the meter receptacle wire well out of sight, as well as out of the way, through the use of wire ties, and staples. Holes drilled to the outside of the house will be neatly caulked. A “drip-loop” will be left in the wire just before its entry into the house so that moisture cannot follow the wiring into the wall. Special care will be taken when placing the receptacle on masonry, or on vinyl siding when cold. Repair of damage caused by the Contractor shall be the responsibility of the Contractor. E. The receptacle shall be securely mounted to the wall, plumb and square. F. A continuity check shall be performed to assure the wiring has been properly completed.

END OF SECTION 15123

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SECTION 15412 - PRIVATE WATER SYSTEM MODIFICATIONS

PART 1.00 - GENERAL

1.01 WORK INCLUDED A. Connection to water service piping from municipal water main. B. Well abandonment. C. Removal of point-of-entry treatment (POET) equipment.

1.02 REFERENCE STANDARDS A. (Not Used)

1.03 SUBMITTALS A. The Contractor shall submit manufacturer’s certified data for each pipe type to be used on the Project, including: dimensions, specifications of pipe material and pipe class/pressure rating. B. The Contractor shall submit manufacturer’s certified data for each type of fitting, and valve to be used on the Project, including: fitting material, and class/pressure rating. C. Submittals shall indicate that all piping, valves and fittings for potable water meets the requirements of NSF/ANSI 61 and Vermont’s “Lead in Consumer Products Law,” provisions of Act 193 (9 VSA 247OH(2)).

1.04 QUALITY ASSURANCE A. The Contractor shall be thoroughly trained and experienced in the skills and with the equipment required for installation and testing of interior water piping and appurtenances. B. All plumbing work shall be completed by a Vermont Licensed Master Plumber. C. All electrical work shall be completed by a Vermont Licensed Master Electrician. D. The Contractor shall protect all materials and property before, during and after installation. In the event of damage, the Contractor shall immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. E. Upon direction of the Engineer, the Contractor shall remove, replace and/or rework all water piping that does not meet the requirements of this section. The Contractor shall perform all remedial measures at no additional cost to the Owner.

PART 2.00 - PRODUCTS

2.01 EXTERIOR WATER SERVICE PIPING A. See Technical Specification 02510.

2.02 INTERIOR WATER PIPING A. All interior piping shall be Type L Copper Tubing. The smallest copper tubing size shall be ¾”, except for connections to branches of smaller size serving a single fixture location.

2.03 WATER METER ASSEMBLIES A. See Technical Specification 15123.

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2.04 PRODUCT STORAGE AND HANDLING A. Handle and transport pipe and fittings to insure they are in sound, undamaged condition and to prevent damage to coating and lining, in accordance with manufacturer’s instructions. B. Examine all pipe and fittings before installing. Defective or damaged materials shall be rejected. C. If defective pipe or fittings are discovered after installation, the Contractor shall remove and replace the defective piece(s) at no additional cost to the Owner.

PART 3.00 - EXECUTION

3.01 GENERAL A. Contractor shall obtain addresses and contact information from the Owner for all property owners requiring work under this Section. B. Contractor shall be responsible for scheduling and coordinating the work directly with the property owner. No work shall be done until municipal water service is available and exterior water service piping is in place. C. All plumbing and electrical work shall be completed in accordance with the highest quality workmanship and in accordance with all applicable Federal and State codes and regulations.

3.02 ABANDONMENT OF WELLS A. Each well to be abandoned shall have the following work completed: 1. Disconnection of well pump electrical service at electrical panel. 2. Disconnection of existing water service pipe immediately at service entrance. 3. Removal and disposal of well pump, discharge pipe, pitless adapter and wiring. 4. Filling well borehole with grout or flowable fill to 1-foot below grade. A limited number of private wells will be left as monitoring wells and shall not be filled. The Engineer will provide this information to the Contractor. 5. Cutting, removal, and disposal of casing to 1-foot below grade, including well cap and any associated materials. 6. Any removed materials (pump, pipe, etc.) requested by landowner shall be given to landowner. Otherwise, all materials shall be properly disposed of by the Contractor.

3.03 CONNECTION TO EXTERIOR WATER SERVICE A. Contractor shall core existing foundation and extend exterior water service pipe into building basement. Penetration shall be sealed with non-shrink grout. B. Contractor shall adapt exterior water service piping to Type L copper and install water meter assembly, prior to any branch plumbing, in accordance with Section 02510. C. Contractor shall extend new water service piping from water meter assembly to closest point of connection to building’s main water distribution system. Contractor shall provide all hangers, fittings, etc., for a secure and workmanlike installation. Piping susceptible to drafts, cold or condensation shall be insulated with pre-formed, foam insulation.

3.04 REMOVAL OF POINT OF ENTRY TREATMENT (POET) EQUIPMENT A. Each POET system, consisting of filter(s), UV disinfection unit, piping, wiring, valves and controls shall be removed from the existing home or business. All piping and wiring

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serving POET system shall be properly and professionally terminated. B. Filters and UV units shall be transported to and deposited at a central location to be identified, prior to Contract award, within the Town of Bennington. C. All miscellaneous materials (piping, wires, hangers, etc.) shall be properly disposed of by the Contractor.

END OF SECTION 15412

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