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16-02 Project Manual - Emerson Road Storm Reconstruction (REV 4.1.16)
CITY OF CARMEL PROJECT MANUAL Emerson Road Storm Sewer Reconstruction Project No. 16-02 HAMILTON COUNTY, INDIANA Prepared by: 3417 Sherman Drive Beech Grove, Indiana 46107 Trent Newport, P.E.L.S. 317-780-1555 [March 17, 2016] BID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. Company: Project Name: Date Submitted: Base Bid Amount: Local Preference Law I am claiming Local Preference (Circle One) YES NO (All required documentation will be required in a post-bid submittal) NTB-1 SUBJECT PAGES NOTICE TO BIDDERS NTB-1 INSTRUCTIONS TO BIDDERS ITB-1 BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS BID-1 POST BID SUBMITTAL POST-BID-1 BID BOND BB-1 MAINTENANCE BOND MB-1 PAYMENT BOND PMB-1 PERFORMANCE BOND PFB-1 AGREEMENT A-1 STANDARD GENERAL CONDITIONS (INCORPORATED BY REFERENCE) Article 1 - Abbreviations and Definitions G-1 Article 2 - Preliminary Matters G-5 Article 3 - Contract Documents G-7 Article 4 - Availability of Lands; Physical Conditions G-8 Article 5 - Bonds and Insurance G-13 Article 6 - Contractors’ Responsibilities G-17 Article 7 - Work by Third Parties G-28 Article 8 - OWNER’s and ENGINEER’s Status During Construction G-29 Article 9 - Changes in the Work G-31 Article 10 - Change of Contract Price G-32 Article 11 - Change of Time; Liquidated Damages; Delays and Hindrances G-36 Article 12 - Warranties, Test and Defective Work G-38 Article 13 - Payments to CONTRACTOR and Completion G-42 Article 14 - Suspension of Work and Termination G-48 Article 15 - Dispute Resolution G-50 Article 16 - Miscellaneous G-52 Attachment A to Article 15 G-58 ADDITIONAL REQUIREMENTS AR-1 City of Carmel Sample Forms AR-2 Common Construction Wage Rates AR-7 TECHNICAL SPECIFICATIONS TS-1 TS 1 GOVERNING DOCUMENTS ....................................................................................... 1 TS 2 COMPLETION DATES AND LIQUIDATED DAMAGES ......................................... 1 TS 3 PROJECT PHASING ..................................................................................................... 1 TS 4 HOLIDAYS WHEN WORK IS NOT PERMITTED ..................................................... 2 TS 5 WORK SCHEDULE SUBMITTAL ............................................................................... 2 TS 6 CONSTRUCTION WORK HOURS .............................................................................. 2 TS 7 COOPERATION WITH UTILITIES ............................................................................. 2 TS 8 WEEKLY PAYROLL OR OTHER REQUIRED REPORTS ........................................ 3 TS 9 LIMITATIONS OF OPERATIONS ............................................................................... 3 TS 10 EROSION CONTROL SUBMITTAL ............................................................................ 4 TS 11 ADDITIONAL MATERIAL HANDLING AND SPILL PREVENTION PLAN .......... 4 NTB-2 TS 12 EXISTING CONDITIONS ........................................................................................... 10 TS 13 PROTECTION OF EXISTING STRUCTURES, PIPE, AND YARD TILE ............... 10 TS 14 RIGHT-OF-WAY CLEARING .................................................................................... 11 TS 15 MAINTAINING TRAFFIC .......................................................................................... 11 TS 16 CONSTRUCTION ENGINEERING ............................................................................ 14 TS 17 UNDISTRIBUTED ITEMS.......................................................................................... 14 TS 18 OPEN BURNING OF NATURAL GROWTH ............................................................ 14 TS 19 STREET CLEANING .................................................................................................. 14 TS 20 TRANSPORTATION OF SALVAGEABLE ITEMS .................................................. 15 TS 21 CONSTRUCTION NOISE ........................................................................................... 15 TS 22 PROJECT CONTRACT DOCUMENTS ..................................................................... 15 TS 23 RIGHT OF ENTRY ...................................................................................................... 15 TS 24 SAW CUTTING ........................................................................................................... 15 TS 25 PIPE REMOVAL ......................................................................................................... 15 TS 26 REMOVE STORM STRUCTURE ............................................................................... 16 TS 27 TOP SOIL ..................................................................................................................... 16 TS 28 ADJUSTING RINGS ................................................................................................... 17 TS 29 MATERIAL TESTING ................................................................................................ 18 TS 30 MATERIAL ACCEPTANCE ....................................................................................... 18 TS 31 FINAL CLEANUP ....................................................................................................... 18 TS 32 SIDEWALK/RAMP REMOVE AND REPLACE ....................................................... 18 TS 33 STANDARD DRAWINGS .......................................................................................... 19 TS 34 EROSION CONTROL GUARANTEE ........................................................................ 19 TS 35 SOD AND LANDSCAPE MAINTENANCE AND WARRANTY PERIOD .............. 19 TS 36 EXCESS MATERIAL - DISPOSAL ............................................................................ 20 TS 37 RESTORATION OF DISTURBED AREAS ............................................................... 20 TS 38 MANHOLES/INLETS - EXISTING ............................................................................ 20 TS 38 PAYMENT FOR DRIVES ........................................................................................... 21 TS 40 HMA SURFACE, 9.5MM, 1.5” .................................................................................... 21 TS 41 HMA INTERMEDIATE, 19.0MM, 2.5” ...................................................................... 21 TS 42 SIGN, REMOVE AND RESET ................................................................................... 22 TS 43 PCCP FOR DRIVE PATCHING – 6” .......................................................................... 22 TS 44 CONCRETE CAP FOR STREET CUT REPAIR – 12” ............................................... 22 TS 45 CAP EXISTING PIPE .................................................................................................. 22 TS 46 FLOWABLE FILL FOR EXISTING STORM SEWER .............................................. 23 TS 47 CURB REMOVAL AND REPLACEMENT ............................................................... 23 TS 48 REMOVE AND RESET FENCE ................................................................................. 24 TS 49 COMPACTED AGGREGATE FOR DRIVEWAYS ................................................... 24 TS 50 COMPACTED AGGREGATE, NO. 53 STONE ......................................................... 24 TS 51 STORMWATER QUALITY UNIT ............................................................................. 25 TS 52 UNDERGROUND DETENTION SYSTEM ............................................................... 25 TS 53 CORE DRILL INTO EXISTING STRUCTURE, STORM/SANITARY .................... 26 TS 54 15” SDR 26 PVC HDPE SEWER PIPE ....................................................................... 26 TS 55 OBSERVATION AND TESTING, SANITARY SEWER ........................................... 26 TS 56 PIPE MATERIAL, SANITARY SEWER .................................................................... 27 TS 57 CONCRETE SPECIFICATIONS, SANITARY SEWER ............................................ 27 TS 58 REMOVE AND RESET, 3” CALIPER TREE (437 EMERSON RD.) ....................... 28 TS 59 EXISTING BUILDING DEMOLITION ...................................................................... 28 TS 60 36” RED VALVE CHECKMATE SLIP-IN TIDEFLEX INLINE CHECK VALVE .. 33 APPENDIX STORMWATER QUALITY UNIT SPECIFICATIONS AND DETAILS…………………AX-1 TIDEFLEX INSTALLATION, OPERATION, AND MAINTENANCE MANUAL, VALVE DETAIL, BROCHURE, HEADLOSS VS. FLOW RATE GRAPH……………………………………AX-2 NTB-3 NOTICE TO BIDDERS City of Carmel, Indiana Project: #16-02 – Emerson Road Storm Sewer Reconstruction Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed bids for the above described “Project” at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) until 10:00 a.m. Local Time on or before Wednesday, April 6, 2016, and commencing as soon as practicable thereafter during the Board of Public Works Meeting on the same date. Such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words “BID – #16-02 – Emerson Road Storm Sewer Reconstruction.” A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. The Project consists of, but is not necessarily limited to, the following: The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. Contract Documents for the Project have been assembled into one bound project manual, which together with drawings, may be examined at the following locations: City of Carmel CrossRoad Engineers, PC Department of Engineering - 1st Floor 3417 Sherman Drive One Civic Square Beech Grove, IN 46107 Carmel, IN 46032 (317) 780-1555 Attn: Trent Newport, P.E., L.S. NTB-4 Copies of such drawings and project manuals must be obtained from CrossRoad Engineers at the address stated above, upon the payment of $75 for each set. These sets include full-size drawings. Payment must be by check. NO CASH ACCEPTED. Make checks payable to CrossRoad Engineers, PC. All payments and costs of Contract Documents are non-refundable. Bidders shall assure that they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. Wage rates for the Project shall not be less than the current prescribed scale of wages as determined by the Common Construction Wage Committee in accordance with I.C. 5-16-7 and included in the Project Manual. A pre-bid conference for discussions of the Project, the bidding requirements and other important matters will be held on Tuesday, March 29, 2016 at 10:00 a.m. local time in the Caucus Room on the 2nd Floor of City Hall (One Civic Square). All prospective bidders are invited to attend the pre-bid conference. The pre-bid conference is not mandatory. For special accommodations needed by handicapped individuals planning to attend the pre-bid conference or public bid opening meeting, please call or notify the city of Carmel, Engineer’s Office, at (317) 571-2441 at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of thirty (30) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than thirty (30) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2. ___________________________ Christine S. Pauley Clerk-Treasurer Publication dates: Thursday, March 17, 2016 and Thursday, March 24, 2016 ITB-1 INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Emerson Road Storm Sewer Reconstruction Project #16-02 Owner’s Representative: Jeremy Kashman, P.E., City Engineer One Civic Square Carmel, IN 46032 Designed By: CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 1. GENERAL 1.1. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part. 1.2. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, or filled out or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Carmel, Indiana 46032. 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid Submission or after receipt and opening of Bids shall be deemed requirements established by these Instructions To Bidders to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Department of Engineering. ITB-2 1.5. The Unit Cost Schedule included as “Part 3” in Section 5.3.1 hereof is to be completed for the Project Bid. The construction completion time is shown in Technical Specification paragraph TS 2 and is as follows: Project Start Date: Start Date: Anticipated Notice to Proceed – On or before April 20, 2016 May 4, 2016 Final Project Completion Date: Completion Date: 90 days from the Notice to Proceed. 2. DEFINITIONS The following definitions shall apply to these Instructions To Bidders (ITB): 2.1. Bidder - Any person or entity who submits a Bid. 2.2. Bid - A written proposal submitted by a Bidder as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices. 2.3. Bid Documents - All Documents and completed forms required to be submitted by a Bidder with and as integral parts of a Bid Submission, whether or not included as sample forms assembled in the Project Manual of which these Instructions To Bidders are a part. Such Bid Documents are listed and more fully described in ITB Section 5.3 hereof. 2.4. Bid Date - The date when Bids are to be received, opened and publicly read aloud as established by the Notice To Bidders as may be modified by Addenda. 2.5. Bid Submission - All Documents presented by a Bidder for receipt and opening on the Bid Date. 2.6. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as “Contract”), Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, Contractor’s Bid (including Documentation accompanying the Bid and any post-Bid Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement. 2.7. ENGINEER - The City of Carmel, acting by and through its Board of Public Works and Safety. 2.8. OWNER - The City of Carmel acting by and through its Board of Public Works and Safety and the Department of Engineering. ITB-3 2.9. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 2.10. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Bidders and of which these Instructions To Bidders are a part. 2.11. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 2003. 2.12. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Bidders and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so ITB-4 and are presented only as an approximation. Bidders shall satisfy themselves as to the correctness of all elevations. 3.5. Information stated or depicted on plans concerning the location, dimensions, depth and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Bidders, therefore, shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered. 4. CLARIFICATIONS AND ADDENDA 4.1. If a Bidder finds conflicts, errors, discrepancies or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice thereof to the OWNER’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Bidders. 4.2. No material changes, clarifications or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) calendar days prior to the Bid Date. All such Addenda must be acknowledged by the Bidder and will become a part of the Contract Documents. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents, which anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. 5. BID SUBMISSION 5.1. All Bid Documents shall be placed within a sealed envelope which shall be plainly labeled on the outside with the words “BID – #16-02 Emerson Road Storm Sewer Reconstruction” on the lower left-hand corner as indicated on the Notice to Bidders and also include the name and address of the Bidder on the envelope. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Carmel, Clerk-Treasurer’s Office, One Civic Square, Carmel, Indiana 46032. 5.2. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed ITB-5 name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity. 5.3. The Bid Documents to be thus submitted by each Bidder shall consist of both of the following (5.3.1, 5.3.2): 5.3.1. Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders. Such Document includes and consists of the following constituent “Parts”: Bid Proposal Summary Page “Part 1 - Bidder Information” “Part 2 - Proposal (Bid)” “Part 3 - Contract Items and Unit Prices” “Part 4 - Contract Documents and Addenda” “Part 5 - Exceptions” “Part 6 - Financial Statement” “Part 7 - Additional Declarations” “Part 8 - Non-Collusion Affidavit” “Part 9 - Signatures” 5.3.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required Documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the U.S. Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned upon request. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted. 5.4. A Bidder may withdraw bids in person during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid ITB-6 Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders. 5.5. Bids will be received up to the time specified in the Notice to Bidders. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. 6. POST-BID REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows: 6.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S. Treasury Department Circular No. 570 which assures the OWNER that, in the event the Bid is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 6.3. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 6.4. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in these Bid Documents. 6.5. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in these Bid Documents. 7. BID EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder where the Bid is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Bids and may waive or allow a ITB-7 Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. 7.2. The OWNER shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. 7.3. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 7.4. The OWNER may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Bidder a notice of conditional award, which will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Bidder to be non- responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the OWNER’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Bid may be withdrawn during such period of extension. 8. CONTRACT EXECUTION; SUBMITTALS 8.1. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request. 8.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. ITB-8 8.3. Concurrently with the execution and delivery of the Agreement to the OWNER, or within such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work: 8.3.1. A complete list of all Subcontractors to be used on the Work; 8.3.2. A one hundred percent (100%) Performance Bond, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed by the General Conditions or other Contract Documents. Such bonds shall be executed utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER; 8.3.3. The preliminary schedules required by Paragraph 2.7 of the Standard General Conditions; 8.3.4. A schedule of wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work; and 8.3.5. Other post-Bid submittals required by the Contract Documents. 9. LIQUIDATED DAMAGES 9.1. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 9.2. The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages, which the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages for delayed completion. END OF INSTRUCTIONS TO BIDDERS BID-1 BIDDER’S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Emerson Road Storm Sewer Reconstruction Project #16-02 Proposal For Construction of : The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. Date: _______________________________ To: City of Carmel, Indiana, Board of Public Works and Safety BID-2 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 1.2 Bidder Address: Street Address: City: State: Zip: Phone: Fax: 1.3 Bidder is a/an [mark one] Individual Partnership Indiana Corporation Foreign (Out of State) Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General’s Opinion #2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: BID-3 PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof (Itemized Proposal), which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($____________________). 2.3 The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder also understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. The Bidder further understands that a Contract will be awarded by evaluating the Base Bid if the Owner wishes to execute. BID-4 PART 3 CONTRACT ITEMS AND UNIT PRICES [This Part to be used only for Bidding on Unit Price Contracts for the Contract Items shown] Base Bid Itemized Proposal (16-02) Emerson Road Storm Sewer Reconstruction STORM SEWER Item # Item Quantity Unit Unit Cost Total Cost 1 Mobilization / Demobilization, Storm Sewer 1 LS 2 Maintenance of Traffic, Storm Sewer 1 LS 3 Clearing Right of Way, Storm Sewer 1 LS 4 Curb Removal and Replacement, Storm Sewer 250 LFT 5 Sidewalk Remove and Replace, Storm Sewer 35 SYS 6 Curb Ramp Remove and Replace, Storm Sewer 21 SYS 7 Sign, Remove and Reset 4 EA 8 Fence, Remove and Reset 72 LFT 9 Remove and Reset, 3" Caliper Tree (437 Emerson Rd.) 1 EA 10 PCCP for Drive Patching - 6" 170 SYS 11 Concrete Cap for Street Cut Repair - 12", Storm Sewer 320 SYS 12 Flowable Fill for Street Cut Repair, Storm Sewer 325 CYS 13 HMA Surface, 9.5 mm, 1.5", Storm Sewer 50 TON 14 HMA Intermediate, 19.0 mm, 2.5", Storm Sewer 10 TON 15 Compacted Aggregate, No. 53 Stone 147 TON 16 Compacted Aggregate for Driveways 20 TON 17 8" PVC 26 LFT 18 12" RCP 939 LFT 19 15" RCP 414 LFT 20 24" RCP 221 LFT 21 30" RCP 523 LFT 22 36" RCP 607 LFT BID-5 23 Inlet, Type 'J'/'M' 14 EA 24 Inlet, Type 'E' 2 EA 25 Inlet, Type 'B'/'C' 2 EA 26 Manhole, Type 'C' 16 EA 27 Manhole, Type 'J' 11 EA 28 Manhole, Type 'K' 4 EA 29 Manhole, Type 'K', Doghouse 1 EA 30 Stormwater Quality Unit 1 EA 31 Underground Detention System 1 LS 32 Mechanically Core Existing Structure, Storm 2 EA 33 Structure Backfill for Storm Sewer 3544 CYS 34 Topsoil (undistributed) 762 CYS 35 Mulched Seeding, Storm Sewer 4571 SYS 36 EC Measures 1 LS 37 Flowable Fill for Existing Storm Sewer 40 CYS 38 Cap Existing Pipe, Storm Sewer 14 EA 39 36" Red Valve CheckMate Slip-In Tideflex Inline Check Valve 1 EA 40 Existing Building Demolition 1 LS Storm Sewer Subtotal SANITARY SEWER 41 Mobilization / Demobilization, Sanitary Sewer 1 LS 42 Maintenance of Traffic, Sanitary Sewer 1 LS 43 Clearing Right of Way, Sanitary Sewer 1 LS 44 Curb Removal and Replacement, Sanitary Sewer 80 LFT 45 Sidewalk Remove and Replace, Sanitary Sewer 4 SYS 46 Curb Ramp Remove and Replace, Sanitary Sewer 14 SYS 47 Concrete Cap for Street Cut Repair - 12", Sanitary Sewer 350 SYS 48 Flowable Fill for Street Cut Repair, Sanitary Sewer 752 CYS BID-6 49 HMA Surface, 9.5 mm, 1.5", Sanitary Sewer 30 TON 50 Sanitary Manhole, Type 1 1 EA 51 Sanitary Manhole, Doghouse 1 EA 52 15" SDR 26 Sanitary Sewer (12' - 14', including backfill) 419 LFT 53 Mechanically Core Existing Structure, Sanitary 1 EA 54 Cap Existing Pipe 1 EA Sanitary Sewer Subtotal Total Itemized Proposal BID-7 PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE BID-8 PART 5 EXCEPTIONS Instructions To Bidders: 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 5.3 Exceptions: BID-9 PART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder’s financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder’s capability for completing the Work/Project if awarded. Information on Bidder’s company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms #96a and #102, entitled “Standard Questionnaires and Financial Statement for Bidders”. BID-10 PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-11 PART 8 NON-COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Bidders Name: Written Signature: Printed Name: Title: Important - Notary Signature and Seal Required in the Space Below STATE OF _____________________ SS: COUNTY OF ____________________ Subscribed and sworn to before me this ______ day of _____________________, 20 ___. My commission expires: _________ (Signed)____________________________ Printed:_____________________________ Residing in ___________________ County, State of______________________ POSTBID-1 POST BID SUBMITTAL SEE ITB SECTION 6.4 MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below, the name of the manufacturer of equipment that the Bidder proposes to furnish for each item of equipment listed in the Manufacturers List, which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer’s name for each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished by the named manufacturer, unless changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER’S prior consent. Preliminary acceptance of equipment listed by the manufacturer’s name shall not in any way constitute a waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Manufacturer ______________________________________________________________________________ POSTBID-2 POST BID SUBMITTAL SEE SECTIONS ITB 6.5 SUBCONTRACTORS LIST Instructions To Bidders: The Bidder shall enter the names and the type of work to be done in the Subcontractors List which follows for each Subcontractor that the Bidder proposes to use for the Work who will be providing work for an agreed price of five percent (5%) or greater of the amount Bid as stated above in Part 2. Only one Subcontractor shall be listed for each work item. Upon award of a contract, the named Subcontractors shall be employed to perform the work, unless changes are specifically authorized by the OWNER. Failure to furnish all information requested may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Except as otherwise specifically stated by the Bidder in this Part, omission of any names of Subcontractors herein shall constitute an affirmative representation and statement that the Bidder proposes to use his own work forces for most of the Work such that he will have no Subcontractors providing work in the amount of five percent (5%) or greater of the amount Bid. Subcontractor Name Work Price (use additional sheets if necessary) BB-1 BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney-In-Fact establishing the authority of the person(s) signing this Bid Bond on behalf of the Surety. Surety Company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS, that the undersigned “Bidder”: and “Surety”: [Name] [Address] , a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana (“Oblige”) in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Oblige, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Oblige to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is $_________________. WHEREAS, the Obligee has solicited Bids for certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at BB-2 the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. pursuant to plans, specifications and other “Contract Documents” included as parts of and designated by such solicitation; and WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent (100%) of the total Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this day of , 20 . This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. “Bidder” “Surety” By: By: Printed: Printed: Countersigned: MB-1 MAINTENANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at MB-2 the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; WHEREAS, CONTRACTOR has installed and completed and met all improvements, installations and requirements applicable to the above described Work, but said improvements and installations have not yet been accepted for public maintenance; and WHEREAS, the OWNER requires a guarantee from the CONTRACTOR against defective materials and workmanship in connection with such maintenance. NOW, THEREFORE, CONTRACTOR warrants the workmanship and all materials used in the construction, installation and completion of said Work, including all improvements and installations thereof, to be of good quality and constructed and completed in a workmanlike manner in accordance with the Agreement and Contract Documents and all local, state and federal laws, ordinances, rules, standards and regulations applicable to said Work; FURTHERMORE, the conditions of the Surety’s obligation hereunder are such that if CONTRACTOR at his own expense, for a period of three (3) years after said Work, improvements and installations are accepted for public maintenance by the OWNER, shall make all repairs or replacements thereto which may become necessary by reason of improper or defective workmanship or materials, or any failure thereof to conform to the provisions of the Agreement or Contract Documents, then Surety’s obligation is to be null and void; otherwise such obligation shall remain in full force and effect. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions hereof. CONTRACTOR and Surety covenant that all action required by law to be taken by them to authorize the execution and delivery of this bond have been previously taken, that the officers whose signatures appear below have been fully empowered to execute and deliver this instrument and that once executed and delivered, it shall represent the lawful and binding obligation of the parties. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PB-1 PAYMENT BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at PFB-2 the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force and effect. “Claimant” shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PFB-2 PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Emerson Road Storm Sewer Reconstruction Project #16-02 The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at PFB-2 the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well, truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising there under, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished there under, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER’S final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-1 AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“OWNER”) and (“CONTRACTOR”), concerning the project (“Emerson Road Storm Sewer Reconstruction – Project #16-02”) described more particularly in Appendix A which is attached hereto and incorporated herein by reference. RECITALS: A. The OWNER has heretofore caused to be prepared certain plans, specifications and other documents (collectively, the “Contract Documents”) as hereinafter listed pertaining to the Project, and the CONTRACTOR has filed a bid proposal (“Proposal”) to furnish labor, tools, material, equipment and/or services, and to perform the work (“Work”) called for in the Contract Documents pertaining to the Project, upon the terms and for the price(s) therein fully stated and set forth; and B. The said Contract Documents accurately and fully describe the terms and conditions upon which the CONTRACTOR is willing to furnish the labor, tools, material, equipment, services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: 1.0 Contract Documents 1.1 This Agreement consists of the following Contract Documents all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: a. This Agreement, including any attachments hereto; b. All Addenda issued prior to receipt of bid proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; c. The Specifications; d. The Additional Requirements; e. Notice to Bidders; f. Instructions to Bidders; g. Plans and Drawings; h. Performance, Payment and Maintenance Bonds; Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-2 i. CONTRACTOR’s Itemized Proposal and Declarations; and j. All other documents defined as Contract Documents in any of the above listed documents. 1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope and/or extent of Work to be performed or furnished by the CONTRACTOR hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a Contract Document expressing the greater quantity, quality or scope of the Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater right or remedy to OWNER, shall govern, without regard to the party who drafted such provision; otherwise, the Documents shall be given precedence in the order as listed in paragraph 1.1 herein above. 2.0 Contract Price 2.1 The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all necessary labor, tools, materials, equipment, services, assume and fulfill all obligations and perform all Work required to construct, complete, and make ready for use by the OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to exceed $ Base Bid, subject to any additions or deletions based on actual approved quantities of the respective unit price items, which price the CONTRACTOR agrees to accept as full payment for all such Work actually performed and accepted as described in the “Contract Items and Unit Prices specification” and other Contract Documents (the “Contract Price”). The CONTRACTOR agrees that each unit price shall be deemed full and complete compensation for all direct and indirect costs for the each respective item of Work, including, without limitation, all materials, labor, supervision, equipment, transportation, warranties, repairs, replacement, overhead and profit for the item, complete and in place. 2.2 The above stated Contract Price will be paid to the CONTRACTOR in the manner and at such times as set forth in the Contract Documents. 3.0 Contract Time 3.1 It is hereby understood and mutually agreed, by and between the CONTRACTOR and OWNER, that the date of commencement and the time for completion of the Work as specified in the Contract Documents are essential conditions of this Agreement. Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-3 3.2 The CONTRACTOR agrees that the Work shall be commenced no later than the date indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and that the Work shall be performed regularly, diligently and without interruption at such a rate of progress as will insure “Substantial Completion” of the Project, including completion of performance testing and such remedial work as may be required by the OWNER, by the dates specified in the Contract Documents. 3.3 The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Work is reasonable and takes into account any and all risks and adverse conditions which may befall the CONTRACTOR hereunder. 4. Effective Date This Agreement shall be deemed effective as of the date and year on which the last of the parties hereto, or their representative, executes same. 5. Miscellaneous Provisions 5.1 OWNER’S Property Any and all documentation (other than original tracings and original calculations) generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER’S exclusive property and shall be disclosed only to OWNER and to no other person without OWNER’S prior express written consent. CONTRACTOR shall keep confidential all working and deliberative material pursuant to IC 5-14-3-4. 5.2 Termination Except as expressly stated to the contrary herein, this Agreement may be suspended and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard General Conditions for Construction Contracts 2003 (the “General Conditions”), as incorporated herein by this reference. In the event any amount allegedly due hereunder is disputed and such dispute is not resolved to OWNER's satisfaction within ten (10) business days after notice of such dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute, under protest, into the City Court of Carmel, which Court shall hold such money until notified of a resolution signed by both parties hereto or until a final judgment is entered thereon. Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-4 5.3 Binding Effect OWNER and CONTRACTOR and their respective officers, officials, partners, successors, executors, administrators, assigns and legal representatives are bound by this Agreement to the other party hereto and to the officers, officials, partners, successors, executors, administrators, assigns and legal representatives of such other party in all respects as to all covenants, agreements and obligations contained and/or incorporated herein. 5.4 No Third Party Beneficiaries Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER or CONTRACTOR. 5.5 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside sources and other persons shall in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or for its agents, employees, contractors, subcontractors, outside sources and other persons all statutory, contractual and other compensation, benefits and obligations due thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions hereof, are the full and maximum compensation and monies required of OWNER to be paid to CONTRACTOR pursuant to this Agreement. 5.6 Insurance CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of the General Conditions. 5.7 Indemnification CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials, employees, agents and legal representatives, from all losses, liabilities, claims, judgments and liens, including, but not limited to, all costs, expenses and attorney fees, arising out of any intentional or negligent act or omission of CONTRACTOR and/or any of its agents, employees, contractors, subcontractors, outside sources and/or other persons in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement. Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-5 5.8 Setoff In addition to any right of setoff provided by law, all amounts due CONTRACTOR shall be considered net of indebtedness of CONTRACTOR to OWNER, and OWNER may deduct any amounts due or to be come due from CONTRACTOR to OWNER from any sums due or to become due from OWNER to CONTRACTOR hereunder. 5.9 Government Compliance CONTRACTOR agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to CONTRACTOR's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. CONTRACTOR agrees to indemnify and hold harmless OWNER from any loss, damage or liability resulting from any violation of such laws, orders, rules, regulations, codes and/or ordinances. This indemnification obligation shall survive the termination of this Agreement. 5.10 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement, which can operate independently of, such stricken provision shall continue in full force and effect. 5.11 Notice. Any notice, invoice, order or other correspondence required or permitted to be sent under or pursuant to this Agreement shall be in writing and either hand-delivered or sent by postage prepaid, U.S. Certified mail, return receipt requested, addressed to the parties at the following address: OWNER: CONTRACTOR: City of Carmel ______________________________ Board of Public Works and Safety ______________________________ One Civic Square ______________________________ Carmel, IN 46032 ______________________________ Attention: Mr. Jeremy Kashman, PE, City Engineer (with a copy to City Attorney, Department of Law, same address) Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter followed by written notice as provided in this Paragraph 5.11 within five (5) business days of the date of such oral notice. Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-6 5.12 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as with all municipal ordinances and codes of the City of Carmel. The parties further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 5.13 Waiver Any delay or partial inaction on the part of OWNER in exercising or pursuing any right and/or remedy provided hereunder or by law shall not operate to waive any such rights or remedies. 5.14 Exhibits All exhibits and/or appendices referenced herein, whether marked "Exhibit", "Appendix", or by some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, representations, and/or contracts, either oral or written, respective thereto. 5.16 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that such party, in executing this Agreement, has the authority to bind such party or the party, which it represents, as the case may be. 5.17 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provisions hereof. 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-7 5.19 Entire Agreement This Agreement, together with any attachments hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 5.10 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written: OWNER: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety CONTRACTOR: BY: James Brainard, Presiding Officer BY: Date: Printed Name: Mary Ann Burke, Member Title: Date: Date: Lori Watson, Member Date: ATTEST: Christine S. Pauley, Clerk-Treasurer Date: Engineering Department Emerson Road Storm Sewer Reconstruction Project #16-02 A-8 APPENDIX A PROJECT: Emerson Road Storm Sewer Reconstruction Project #16- 02 WORK: As described by the Project plans and Contract Documents including, but not limited to: The construction of 2,664 feet of proposed storm sewer along Emerson Road, York Drive, and Park Lane, including asphalt and concrete drive approach replacement, and street patching for storm crossings, removal and replacement of existing curb, sidewalk, and curb ramps, removal of existing pipe and storm structures, and existing pipe capping and filling. Also, the installation of a mechanical stormwater treatment unit and underground detention system at the downstream outlet of the proposed storm sewer reconstruction. Also included within the project will be 419 LFT of 15-inch sanitary sewer relocation within 3rd Ave. SW. DESIGN BY: CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 317-780-1555 OWNER’S REPRESENTATIVE: Jeremy Kashman, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 G-1 CITY OF CARMEL STANDARD GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS 2003 ARTICLE 1 - ABBREVIATIONS AND DEFINITIONS 1.1 Abbreviations: The following abbreviations have the following meanings: AA - Aluminum Association AASHTO - American Association of State Highway & Transportation Officials ACI - American Concrete Institute AFBMA - Anti Friction Bearing Manufacturers Association AGA - American Gas Association AGMA - American Gear Manufacturers Association AHDGA - American Hot Dip Galvanizer Association AISC - American Institute for Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standards Institute ARI - American Refrigeration Institute ASCE - American Society of Civil Engineers ASHRAE - American Society of Heating, Refrigeration & Air Conditioning Engineers ASME - American Society of Mechanical Engineers ASTM - American Society of Testing and Materials AWPI - American Wood Preservers Institute AWS - American Welding Society AWWA - American Water Works Association CBRI - Copper and Brass Research Institute CS - Commercial Standard (U.S. Department of Commerce) FTI - Facing Title Institute Fed. Spec. FS - Federal Specification (U.S.) IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association MSS - Manufacturers Standardization Society of the Valve and Fitting Industry NCMA - National Concrete Masonry Association NEC - National Electric Code (U.S.) NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPC - National Plumbing Code PS - United States Product Standards SAE - Society of Automotive Engineers SCPI - Structural Clay Products Institute UL - Underwriters Laboratories 1.2 Definitions: Wherever used and not otherwise defined in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding documents or the Contract Documents. Agreement -The written Agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein sometimes referred to as “Contract”. G-2 Application for Payment - The form prescribed or approved by OWNER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include an approved schedule of values and/or such other supporting documentation as is required by the Contract Documents. Architect or Architect/ENGINEER - The person or other entity designated as ENGINEER by the Contract Documents. Bid Documents - Documents required to be submitted with the Bid. Bids - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, Performance, Payment and Maintenance Bonds and other instruments of suretyship. The term shall include letters of credit as applicable. Change Order - A document issued on or after the Effective Date of the Agreement, signed by CONTRACTOR and OWNER and which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time. Contract Documents - The Agreement and any exhibits thereto, Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, or Notice to Bidders, CONTRACTOR’s Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Amendments, Modifications, and Supplements issued pursuant to Sections 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. Contract Time - The number of days (computed as provided in Section 16.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is (i) unsatisfactory, faulty or deficient, in that it does not strictly conform to the requirements of the Contract Documents, (ii) does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or (iii) 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 Sections 13.10 or 13.12). G-3 Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - The person, firm or corporation named, employed or designated as such by the OWNER to act as such and designated to observe the Work, acting directly or through duly authorized representatives. Field Order - A written order issued by ENGINEER or OWNER which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time. Furnish - Purchase and deliver to the work site. When used in connection with the terms "Work” or services, the term shall also mean perform. Install - Incorporate into the Work equipment and materials furnished by others or the CONTRACTOR. Laws and/or Regulations - Laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit. Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligation under the Contract Documents. OWNER - The City of Carmel, Indiana, acting by and through the agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term shall also include the Project Manager or other duly appointed representative of such agency or department but shall not include ENGINEER. Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Provide - Furnish and install. G-4 Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR, to illustrate some portion of the Work and all illustrations, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written general or technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including the performance thereof, and certain administrative details applicable thereto. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 1997. Subcontractor - An individual, firm or corporation having a direct contract with CONT'RACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - The stage of construction where, in the opinion of OWNER, the Work (or specified portion thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be occupied, placed into service or otherwise utilized by OWNER for the purpose for which it was intended. Substantial Completion may be evidenced by a certificate thereof issued by the ENGINEER and signed by the OWNER. Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor who furnishes materials or equipment to the site of the Work pursuant to a contract with the CONTRACTOR or a Subcontractor and who does not perform labor or services for Installation thereof at the site of the Work. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other manmade facilities or structures, and any encasements containing such facilities, which have been installed at or below the surface of the ground for the purpose of furnishing, storing, removing or transmitting electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, computer signals or data, sewage, drainage, traffic or other control systems, or water. Unit Price Work - Work to be paid for on the basis of unit prices established by the Contract Documents or by Change Order. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. G-5 Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER, making any change in the Work within the general scope of the Contract Documents, including but not limited to changes (i) In the Specifications (including drawings and designs), (ii) In the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Directive Change will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with Article 5. 2.2 Delivery of Insurance. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR also shall deliver to OWNER, with a copy to ENGINEER, certificates of Insurance (and other evidence thereof as requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which, is required to purchase and maintain in accordance with Article 5. 2.3 Copies of Documents. Unless otherwise specified, OWNER shall furnish to CONTRACTOR five (5) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.4 Commencement of Contract Times Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement, OWNER shall give CONTRACTOR a written Notice to Proceed specifying the date on which CONTRACTOR shall commence the Work. The date designated in the Notice to Proceed shall be the date on which the Contract Time will commence to run. 2.5 Starting the Project. CONTRACTOR shall start to perform the Work on the date designated In the Notice to Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed. 2.6 Before Starting Construction. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, access, and other requirements or conditions affecting the work, CONTRACTOR shall promptly G-6 report in writing to ENGINEER any conflict, error, discrepancy or other adverse condition or circumstance which CONTRACTOR may discover, and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. CONTRACTOR shall assume all risks and bear all costs associated with any conflicts, errors, ambiguities, discrepancies or conditions which are not discovered due to his failure to conduct such study and comparison, or which are discovered but not reported as required by this Section. 2.7 Initial Schedule and Submissions. Within ten (10) days after the Effective Date of the Agreement CONTRACTOR shall submit to ENGINEER for review: 2.7.1 A proposed progress schedule indicating the starting and completion dates of the various stages of the Work to be performed under this Contract. This schedule shall be in the form of an Arrow Diagram and shall reflect the Contract completion date. ENGINEER will review the proposed progress schedule to determine conformity to the Contract Documents. During the course of performing the Work, CONTRACTOR shall, at least monthly, submit to ENGINEER a revised progress schedule indicating any anticipated change from the original or previously revised progress schedule. The revised schedule shall include provisions for performing Work authorized under approved Change Orders. ENGINEER will review the original and revised progress schedules for general conformity with the Contract Documents and will make recommendations to the OWNER concerning approval thereof; however the review, approval or other action taken by ENGINEER or OWNER in respect of such schedules shall not relieve the CONTRACTOR of it’s obligations to perform the Work within the Contract Time. If CONTRACTOR shall fail to adhere to the approved original or revised progress schedule, except when due to Excusable Delays for which a claim has been submitted by CONTRACTOR and approved by OWNER, he shall promptly adopt such other or additional means and methods of construction and commit such additional manpower, equipment and other resources as necessary to make up for the time lost and to assure completion of the Work in accordance with the Contract Documents. 2.7.2 A preliminary submittal schedule showing proposed dates for submission of required Shop Drawings, samples and product data. Such schedule shall also include such durations as prescribed by ENGINEER to account for anticipated time allotments for review, approval or other action upon submittals by ENGINEER and additional allowances for resubmittals by CONTRACTOR; and 2.7.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each Item of Work, which will be confirmed in writing by CONTRACTOR at the time of submission. G-7 2.8 Preconstruction Conference. Before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, OWNER, ENGINEER, and others as appropriate will be held to discuss the schedules referred to in Section 2.7, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work. 2.9 Finalizing Schedules. At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate, will be held to finalize the schedules submitted in accordance with Section 2.7. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of Work to attain completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS 3.1 Integration of Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Indiana and without regard to the party by or for whom they were prepared or drafted. 3.2 Intent and Meaning. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance therewith. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents, as being required to produce the intended result will be supplied whether or not specifically called for. Notations, details or other descriptions, which apply to one of a number of situations, materials, processes or work items, shall apply to all except as specifically stated otherwise. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be given that meaning unless a different meaning is reasonably apparent as determined by the ENGINEER. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code or Laws or Regulations in effect at the time of opening of Bids. If said standard specification, manual or code or Laws or Regulations are promulgated, amended, revised or otherwise changed subsequent to the opening of Bids, CONTRACTOR shall notify OWNER who may direct compliance under Section 9.1. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees, or to limit or impair any right or remedy of the OWNER, as set forth in the Contract Documents, nor shall it be effective to assign to the OWNER, ENGINEER or any of their respective consultants, G-8 agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of Section 8.10 or 8.11. 3.3 Duty To Report Discrepancies. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from ENGINEER. 3.4 Major Modification. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by (i) a formal Written Amendment, or (ii) a Change Order (pursuant to Section 9.4) or (iii) a Work Directive Change (pursuant to Section 9.1). As indicated in Sections 10.2 and 11.5, the Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 Minor Deviations. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized by (i) a Field Order (pursuant to Section 8.5), or (ii) an ENGINEER'S approval of a Shop Drawing, Working Drawing, or samples (pursuant to Section 6.22) or an ENGINEER’s written interpretation or clarification (pursuant to Section 8.4). 3.6 Reuse of Documents. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall 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; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS 4.1 Availability of Lands. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated to be made available by OWNER for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions (Excluding Underground Facilities). Reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except G-9 Underground Facilities) have been utilized and relied upon by ENGINEER in preparing the Contract Documents. CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings but such reports and drawings are not Contract Documents. Such "technical data” is identified in the specifications. Except for reliance on such “technical data”, CONTRACTOR may not rely upon and may not make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to (i) 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 (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings. 4.3 Differing Subsurface or Physical Conditions. If CONTRACTOR uncovers, observes or otherwise becomes aware of any subsurface or physical condition (other than Underground Facilities) at or contiguous to the site and believes that such condition either (i) differs materially from that shown or indicated in the Contract Documents, (ii) 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, or (iii) is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.2 is materially inaccurate; then CONTRACTOR shall, immediately upon becoming aware thereof and before further disturbing or taking other action in respect thereof or performing any Work in connection therewith (except in an emergency as permitted by Section 6.21), notify OWNER and ENGINEER in writing about such condition, which notice shall state the CONTRACTOR’S recommendations or proposals for taking action in connection with the conditions. 4.3.1 CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of a written directive from OWNER or ENGINEER to do so, but to the fullest extent possible CONTRACTOR shall continue to prosecute all other Work not affected by the conditions; 4.3.2 ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions; 4.3.3 If OWNER in consultation with the ENGINEER concludes that a change in the Contract Documents or other action is required because of the conditions, a Work Directive Change or other instructions or interpretations may be issued as provided in Article 9 to reflect and document the consequences of the conditions; 4.3.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, may be allowable, but only to the extent that (i) evidence of such conditions could not with the G-10 exercise of reasonable competence and diligence have been discovered or foreseen by CONTRACTOR prior to submission of the CONTRACTOR’s Bid, (ii) the CONTRACTOR, by the terms of the Contract Documents, has not assumed the risk of such conditions, and (iii) CONTRACTOR has explicitly fulfilled the written notice requirements provided by this Section 4.3. The CONTRACTOR shall in no event be entitled to an increase in the Contract Price in excess of direct costs to perform authorized additional or changed Work to address the conditions, without additional allowances for delays or suspension of Work. If OWNER and CONTRACTOR are unable to agree as to the amount or length of the adjustment to the Contract Price or Time, a claim may be made there for as provided in Articles 10 and 11. HOWEVER, OWNER AND ENGINEER SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS COSTS, LOSSES OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT. 4.4 Underground Facilities. 4.4.1 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data. CONTRACTOR shall have the sole responsibility for reviewing and checking all such information and data, for locating all Underground Facilities, shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in Section 6.20 and for repairing any damage thereto resulting from the Work or CONTRACTOR's operations, the cost of all of which having been included in the Contract Price. 4.4.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and of which CONTRACTOR could not reasonably have been expected to be aware, CONTRACTOR shall promptly after becoming aware thereof and before further disturbing conditions affected thereby (except in an emergency as permitted by Paragraph 6.21), notify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, provided such delay affects the critical path, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or G-11 indicated in the Contract Documents and of which CONTRACTOR could not reasonably have been expected to be aware. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. However, OWNER and ENGINEER shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project or for any claims, costs, losses or damages caused by or arising from any assessment, penalty or other liability imposed upon CONTRACTOR by utility companies or third parties. 4.5 Reference Points and Layout. OWNER or other parties will provide engineering surveys for construction to establish reference points for construction as determined by ENGINEER to be necessary to enable CONTRACTOR to proceed with the Work unless otherwise specified. CONTRACTOR shall be responsible for laying out the Work, shall locate all mechanical and electrical services uncovered by excavation, shall establish all grades, lines, levels and bench-marks, and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER when any reference point 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 by professionally qualified personnel. CONTRACTOR shall maintain a bound surveyor's field notebook to accurately record all discrepancies, if any, discovered in OWNER’s data. The field notebook shall be furnished to and become the property of OWNER upon completion of the Work. 4.6 Lines and Grades 4.6.1 All work under this Contract shall be constructed in accordance with the lines and grades shown on the Plans, or as given by ENGINEER. The full responsibility for keeping alignment and grade shall rest upon CONTRACTOR. CONTRACTOR shall establish base line controlling points. Reference marks for lines and grades shall be set by CONTRACTOR as the Work progresses and will be located to cause as little inconvenience to the prosecution of the Work as possible. CONTRACTOR shall place excavation and other materials so as to cause no inconvenience in the use of the reference marks provided. CONTRACTOR shall remove any obstructions placed by CONTRACTOR contrary to this provision at no cost to OWNER. 4.6.2 CONTRACTOR shall furnish and maintain, at his own expense, stakes and other such materials, and give such assistance, including qualified helpers, as may be required by ENGINEER for setting and checking line and grade reference marks. CONTRACTOR shall check such reference marks by such means as he may deem necessary and, before using the reference marks, shall call ENGINEER’s attention to any inaccuracies. CONTRACTOR shall, at his own expense, establish all working or construction lines and grades as required from the reference marks set by ENGINEER, and shall be solely responsible for the accuracy thereof. CONTRACTOR shall, however, be subject to the check and G-12 review of ENGINEER. CONTRACTOR shall keep ENGINEER informed a reasonable time in advance as to his need for line and grade reference marks, in order that they may be furnished and all necessary measurements made for record and payment with the minimum of inconvenience to ENGINEER or of delay to CONTRACTOR. When necessary, working operations shall be suspended for such reasonable time as ENGINEER may require for this purpose. 4.6.3 CONTRACTOR shall safeguard all points, stakes, grade marks, monuments and beach-marks made or established on the Work, bear the cost of reestablishing them if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining or protecting or to removing without authorization such established points, stakes and marks. CONTRACTOR shall safeguard all existing and known property corners, monuments and marks adjacent to but not related to the Work and, if required, shall bear the cost of reestablishing them if disturbed or destroyed. 4.6.4 All elevations indicated or specified refer to the Mean Sea Level Datum Plane, 1929 General Adjustment, of the United States Coast and Geodetic Survey and are expressed in feet and decimal parts thereof, or in feet and inches. 4.7 Hazardous Materials 4.7.1 For the purpose of this section, “Hazardous Material” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by any local government authority, the State of Indiana or the United States Government. The term “hazardous material” includes, without limitation, any material or substance which is (i) defined as a “hazardous substance” under I.C. 13-7-8.7-1 of the Indiana Hazardous Substance Response Trust Fund Act, (ii) petroleum, (iii) asbestos, (iv) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act (33 U.S.C. § 1251 et. Seq.), (v) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), (vi) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq., (vii) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act (42 U.S.C. § 6991 et seq.), (viii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act (7 U.S.C. § 136 et seq.), (ix) defined as a "hazardous chemical" or "hazardous substance" pursuant to the Emergency Planning and Community Right to Know Act (42 U.S.C. § 11001 et seq.) or (x) defined as a “radioactive waste” pursuant to the Atomic Energy Act (42 U.S.C. § 2011 et seq.) 4.7.2 OWNER shall be responsible for the existence of any Hazardous Materials uncovered or revealed at the site, which were not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Supplier or anyone else for whom CONTRACTOR is responsible. G-13 4.7.3 CONTRACTOR shall be the party responsible for reporting to the appropriate agencies and authorities any release or discharge of any Hazardous Materials. 4.74 Upon encountering any Hazardous Materials CONTRACTOR shall immediately (i) stop all Work in connection with such Hazardous Materials and in any area affected thereby (except in an emergency as required by Section 6.21), (ii) notify the appropriate agencies or authorities, (iii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing), (iv) establish site security by excluding unnecessary traffic and personnel from the affected area, (v) conduct operations within the affected area to minimize exposure to personnel and the general public and to eliminate the potential for airborne dispersion, and (vi) as necessary to carry out the requirements of this section, handle, store and/or dispose of Hazardous Materials in a proper manner. 4.7.5 CONTRACTOR shall remain responsible for the jobsite until OWNER has been notified of the uncovering or revealing of Hazardous Materials and OWNER has assumed formal control of the worksite from CONTRACTOR. 4.7.6 After completing the above obligations, CONTRACTOR shall be required to resume Work in connection with such Hazardous Materials, if directed by OWNER, after OWNER has obtained any required permits related thereto and established any special terms or conditions under which said Work shall be performed. 4.7.7 CONTRACTOR claims qualifying under this section are intended to be treated as differing site condition claims and therefore the provisions of Sections 4.2 and 4.3 apply. ARTICLE 5 - BONDS AND INSURANCE 5.1 Performance and Payment Bonds. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to one hundred percent (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. All Bonds shall be in the forms prescribed by Law, Regulation, and the Contract Documents and be executed by such Sureties as (i) are licensed to conduct business in the State of Indiana, and (ii) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the power of attorney or other instrument establishing the agent's authority. 5.2 Maintenance Bond. CONTRACTOR shall, as a condition to OWNER’s obligation to make final payment, supply a three (3) year Maintenance Bond executed by a surety G-14 meeting the qualifications set forth in the preceding Section and in such form as prescribed by the Contract Documents, which bond shall secure the obligations contained in Section 12.7, beginning on the date of Final Acceptance in an amount equal to ten percent (10%) of the contract amount as adjusted for Change Orders or such different percentage as may be specified by other Contract Documents. 5.3 Substitute Bonds. If the Surety on any Bond furnished by CONTRACTOR becomes a party to a supervision, liquidation, rehabilitation or other similar action, or if its right or lawful authority to do business in the State of Indiana is terminated, CONTRACTOR shall, within ten (10) days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Failure of CONTRACTOR to obtain a substitute Bond shall constitute a material breach of Contract and may at the option of OWNER result in the termination of the Contract upon the ground of CONTRACTOR’s default. 5.4 CONTRACTOR’S Liability Insurance. CONTRACTOR shall purchase and maintain such commercial general liability and other insurance as is appropriate for the Work being performed and furnished and as will protect CONTRACTOR, OWNER and ENGINEER, their employees, officers, or agents from (i) claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; (ii) claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR’s employees; (iii) claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR’s employees; (iv) claims for damages insured by personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or by any other person for any other reason; (v) claims for damages, other than to the Work itself, because of physical injury to or destruction of tangible property wherever located, including loss of use resulting there from; (vi) claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and (vii) 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 which may arise out of or result from CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. 5.4.1 The insurance required by this Section shall be written for not less than the limits of liability and coverages as provided herein or as required by Law, whichever is greater. The Commercial General Liability Insurance shall include coverage of (i) premises and operations, (ii) Contractual liability as applicable to any indemnification hold harmless agreements in the Contract Documents, (iii) Products and Completed Operations, with completed operations coverage being maintained for a period of one (1) year after final payment and CONTRACTOR shall continue to provide evidence of such coverage to OWNER during the aforementioned period, (iv) Broadform Property Damage - including completed operations, (v) Fellow Employee claims under Personal Injury; and (vi) Independent contractors. Such insurance shall specifically include coverage for G-15 property damage from explosion, collapse, and underground operations. Coverage for explosion, collapse, and underground operations shall include blasting or explosion, collapse of structures or structural injury due to grading of land, excavation, filling, back filling, tunneling, pile driving, caisson work, moving, shoring, underpinning, raising of or demolition of any structure, or removal or rebuilding of any structural support of a building or structure. Such insurance shall further include coverage for damage to wires, conduits, pipes, mains, sewers, or other similar apparatus encountered below the surface of the ground when such damage is caused by any occurrence arising out of the performance of the Work, performed by CONTRACTOR or by any Subcontractor or anyone directly or indirectly employed by either. 5.4.2 The CONTRACTOR’s insurance shall be written for not less than the following limits of liability: Workers Compensation & Disability: Statutory Limits Employer’s Liability: $1,000,000 (i) Bodily Injury by Accident: $100,000 each accident (ii) Bodily Injury by Disease: $500,000 policy limit (iii) Bodily Injury by Disease: $100,000 each employee Commercial General Liability (Occurrence Basis) Bodily injury, personal injury, property damage, contractual liability, products completed operations. NOTE: GENERAL AGGREGATE TO APPLY PER LOCATION/PROJECT (i) General Aggregate Limit (other than Products/Completed Operations): $2,000,000 (ii) Products/Completed Operations: $2,000,000 (iii) Personal & Advertising Injury Limit: $1,000,000 Each Occurrence Limit: $1,000,000 Fire Damage (any one fire): $ 50,000 Medical Expense Limit (any one person): $5,000 G-16 Comprehensive Auto Liability (single limit) (owned, hired and non-owned) Bodily injury and property damage $l,000,000 each accident Umbrella Excess Liability $5,000,000 each occurrence and aggregate The Deductible on the Umbrella Liability shall not be more than $10,000. 5.4.3 CONTRACTOR shall be responsible for paying all deductible amounts. 5.4.4 Before commencing work, CONTRACTOR shall submit a “Certificate of Insurance” indicating the above necessary coverages as well as naming OWNER, its employees and representatives and ENGINEER as “Additional Insureds" on all policies except Workers' Compensation to OWNER for review and approval. Such insurance shall be carried with financially responsible insurance companies authorized to do business in the State of Indiana, have a general policyholders rating of A+, A, or A-, in the latest edition of Alfred M. Bests Insurance Reports and be satisfactory in form and coverage to OWNER and ENGINEER. Such coverages shall be kept in force until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing Defective work in accordance with Section 12.7. CONTRACTOR's insurer(s) shall provide by Certified Mail OWNER and ENGINEER with sixty (60) days prior written notice in the event of cancellation, non-renewal or material change in the policies. If required by OWNER, CONTRACTOR shall also provide copies of all underlying insurance policies for certificates required above. 5.4.5 The Commercial General Liability insurance required by this Section shall include contractual liability insurance applicable to CONTRACTORS indemnity and hold harmless obligations under Sections 6.12, 6.16, 6.24, and 7.3. 5.5 OWNER’S Protective Insurance. CONTRACTOR shall procure and maintain OWNER's Protective Insurance as will, in OWNER’s opinion, protect OWNER from any contingent liability to others or damages because of bodily injury, including death and property damage, which may arise from operations under this Contract. Said insurance shall be procured from the same insurance company as is providing insurance for CONTRACTOR’s Commercial General Liability insurance. The limits of the insurance to be procured shall be $5,000,000 per occurrence and $5,000,000 aggregate. CONTRACTOR shall furnish OWNER the original policy. 5.6 Property Insurance. CONTRACTOR shall purchase and maintain a combination Installation/Builder’s Risk Insurance to the full insurable value to the initial contract cost and any subsequent modifications thereto on an all risks policy form against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, false work, testing, temporary buildings and debris removal including demolition work occasioned by enforcement of any applicable legal requirements and shall cover reasonable OWNER G-17 and ENGINEER services and expenses required as a result of such insured loss on a replacement cost basis without any deduction for depreciation or voluntary deductibles. This property insurance shall cover work stored off site as well as any work in transit. CONTRACTOR shall be responsible for the satisfaction of any deductible level it selects. OWNER is given the privilege to occupy and use the facilities as completed pending acceptance by the OWNER of the entire Project. The insurance specified by this Section shall include as named insureds CONTRACTOR and his subcontractors and all other parties named as insureds, as their interest may appear. This insurance is not intended to cover the tools, equipment and other such property of CONTRACTOR or his Subcontractors in performing the Work which is normally covered by such person's own property insurance which are not incorporated in the Project. The risk of loss as to all such property shall be borne by those parties, and they shall carry such insurance on such property as they shall determine. 5.7 Waiver of Subrogation. (Intentionally Omitted) 5.8 Acceptance of Insurance. If OWNER has any objection to the coverage afforded by or other provisions of the Insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article, on the basis of its not complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten (10) days of the date of delivery of such certificates to OWNER in accordance with Section 2.7. CONTRACTOR shall provide to OWNER such additional information in respect to insurance provided by CONTRACTOR as OWNER may reasonably request. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by CONTRACTOR as complying with the Contract Documents. With the prior approval of OWNER, CONTRACTOR may substitute different types or amounts of coverage for those specified as long as the total amount of required protection is not reduced. 5.9 Partial Utilization Property Insurance. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Section 13.12; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. 5.10 No Limit To Liability. Nothing in this Article shall operate or be construed as limiting the amount of liability of CONTRACTOR to the above enumerated amounts. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES 6.1 Supervision. CONTRACTOR shall supervise 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 Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, G-18 sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies strictly with the Contract Documents. 6.2 Resident Superintendent. CONTRACTOR shall keep on the work site at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to or issued by the superintendent shall be as binding as if given to or issued by CONTRACTOR. 6.3 Personnel and Work Hours. 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. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4 Full Responsibility. Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 General Standards of Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of OWNER. If required by ENGINEER or OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Sections 8.10 or 8.11. 6.6 Adjusting Progress Schedule. To the extent indicated in Section 2.9, CONTRACTOR shall submit to ENGINEER adjustments in the progress schedule to reflect the impact thereon of new developments. These will conform generally to the progress schedule G-19 then in effect and additionally will comply with any provisions of the General Conditions applicable thereto. 6.7 Substitute or “Or Equal” Items. Whenever, in the Contract Documents, an article, material, apparatus, equipment, or process is called for by trade name or by the name of a patentee, manufacturer, or dealer or by reference to catalogs of a manufacturer or dealer, It shall be understood as intending to mean and specify the article, material, apparatus, equipment, or process designated, or any approved equal thereto in quality, finish, design, efficiency and durability and equally serviceable for the purposes for which it is intended. Whenever material or equipment is submitted by CONTRACTOR for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the OWNER in consultation with ENGINEER. Neither the approval of alternate material or equipment as being equivalent to that specified nor the furnishing of the material or equipment specified, shall in any way relieve CONTRACTOR of responsibility for failure of the material or equipment, due to faulty design, material, or workmanship, to perform the functions required by the Contract Documents. 6.8 Engagement of Subcontractors, Suppliers and Others. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. If the Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER prior to the Effective Date of the Agreement, for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Contract Documents, OWNER's or ENGINEER's acceptance or acquiescence as to any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, in which case the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject Defective Work or to pursue other rights and remedies in respect thereof. 6.9 Responsibility For Others. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of his Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor, Supplier or other person or organization, except as to warranties enforceable by OWNER as against such parties, nor shall it create any obligation on the G-20 part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization, except as may otherwise be required by Laws and Regulations. 6.10 Allocation of Work. The 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. 6.11 Subcontract Provisions. All Work performed by Subcontractors will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to these General Conditions and the applicable terms and conditions of all other Contract Documents and contains waiver provisions as required by Section 5.7. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to Article 5. 6.12 Patent Fees and Royalties. 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. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney fees and court and arbitration costs) arising out of 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, and shall defend, if requested by OWNER or ENGINEER, all such claims in connection with any alleged infringement of such rights. 6.13 Permits. Unless otherwise provided elsewhere 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 opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14 Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and Regulations in effect during the furnishing and 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 Laws or Regulations. If CONTRACTOR observes that the G-21 Specifications or Drawings are at variance with any such Laws or Regulations, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and if OWNER in consultation with ENGINEER determines any changes to be necessary such changes will be authorized by one of the methods indicated in Section 3.4. It shall not be the CONTRACTOR’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, however, this shall not relieve CONTRACTOR of CONTRACTOR’s obligations under this paragraph or under Section 2.6 or Section 3.3. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws and Regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear the risk of all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.15 Taxes. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations applicable to the place where the Project is located. OWNER is required by statute to withhold certain taxes, including Indiana State Gross Income tax, from all payments made to non-resident contractors who are corporations and to remit such tax quarterly to the Indiana Department of Revenue. A foreign corporation, which is registered with the Indiana Secretary of State to do business in Indiana, shall be exempt from this withholding requirement. Exemption certificates for the Indiana Gross Retail tax (sales tax) for property that becomes property of OWNER and all Federal Excise tax can be furnished by OWNER and therefore such taxes shall not be included in the Contract Price. CONTRACTOR may request exemption certificate forms directly from OWNER. 6.16 Use of Premises. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents, as determined in the pre- construction meeting, and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work 6.17 Control of Waste. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste G-22 materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18 Loads on Structures. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.19 Record Documents. CONTRACTOR shall maintain in a safe place at the site one record copy of all Specifications, Drawings, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to Section 8.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings shall be delivered to ENGINEER for OWNER as a condition to CONTRACTOR’s right to receive final payment. 6.20 Safety and Protection 6.20.1 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to (i) all employees on the Work and other persons and organizations who may be affected thereby, (ii) all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 6.20.2 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property, owners of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in Section 6.20.1 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or G-23 anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR’s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Section 13.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.20.3 Pursuant to I.C. 36-1-12-20, all Work which requires the creation of a trench or hole of at least five (5) feet in depth, shall be provided with a trench safety system. Trench safety systems shall meet all of the requirements of IOSHA Regulations 29 C.F.R. 1926, Subpart P or other applicable safety standards and regulations. The cost or compliance with any and all such regulations shall be borne by the CONTRACTOR without any increase in the Contract Price. OWNER shall pay for the trench safety system as a separate pay item if one is provided on unit cost work; or, if a separate pay item is not provided, OWNER shall pay for the safety system as part of the pay item or schedule of values item for the principal Work with which the safety system is associated, as determined by ENGINEER. 6.20.4 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR’s superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. 6.20.5 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 6.21 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER and OWNER immediate written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents are caused thereby. If OWNER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. 6.22 Shop Drawings and Working Drawings. 6.22.1 CONTRACTOR shall promptly prepare and submit layout, detail and shop drawings to insure proper construction, assembly, and installation of the Work using those materials and equipment specified in the Technical Specifications. Such drawings will be known as “Working Drawings”. A schedule of Working Drawings submissions shall be submitted for ENGINEER’s approval on a form G-24 acceptable to ENGINEER within ten (10) days of the effective date after the signing of the Agreement by OWNER 6.22.2 Working Drawings shall be numbered consecutively and shall accurately and distinctly present (i) all working and erection dimensions, (ii) arrangements and sectional views, (iii) necessary details, including complete information for making connections between Work under this Contract and work under other contracts, (iv) electrical wiring connections between all equipment furnished under the Contract, including all internal wiring between internal components of equipment, (v) kinds of materials and finishes, and (vi) parts lists and description thereof. 6.22.3 Drawings for mechanical and electrical equipment shall present, where applicable, such data as dimensions, weight and performance characteristics. This data shall show conformance with the performance characteristics and other criteria incorporated in the Contract Documents. Each drawing or page shall include (i) submittal date and revision dates, (ii) project name, division number and descriptions, (iii) Detailed Specifications section number and page number, (iv) identification of equipment, product or material, (v) name of CONTRACTOR and Subcontractor, (vi) name of Supplier and Manufacturer, (vii) relation to adjacent structure or material, (viii) field dimensions, clearly identified, (ix) ASTM, Federal and other Specification references, (x) space for ENGINEER's stamps (xi) identification of deviations from the Contract Documents, (xii) CONTRACTOR’s stamp, initialed or signed, dated and certifying to review of submittal, certification of field measurements and compliance with Contract, and (xiii) location at which the equipment or materials are to be installed (both physical location and location relative to other connected or attached material). ENGINEER will return, unchecked, any submittal which does not contain complete data on the Work and full information on related matters. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. 6.22.4 CONTRACTOR shall check and approve all Working Drawings before transmitting them to ENGINEER to determine that they comply with requirements of the Contract Documents. Drawings which are incomplete or are not in compliance with the Contract Documents shall not be submitted for processing by ENGINEER. CONTRACTOR shall place his signature or initials on his stamp of approval on all Working Drawings submitted to ENGINEER to indicate compliance with this requirement. CONTRACTOR's approval shall constitute a representation that all quantities, dimensions, field construction criteria, materials, catalog numbers, performance criteria and similar data have been verified and that, in his opinion, the submittal fully meets the requirements of the Contract Documents. CONTRACTOR shall schedule, prepare and submit all working drawings in accordance with a time-table that will allow his Suppliers and Manufacturers sufficient time to fabricate, manufacture, inspect, test and deliver their respective products to the project site in a timely manner so as to not G-25 delay the complete performance of the Work. The time-table so developed shall be in conformance with the completion dates specified in the Agreement. 6.22.5 If the Working Drawings show departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in his letter of transmittal, otherwise approval of such submittals by ENGINEER shall not constitute approval of the departure. Approval of the drawings shall constitute approval of the subject matter thereof only and not of any structure, material, equipment or apparatus shown or indicated. 6.22.6 The approval of Working Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or work required by the Contract and not indicated on the drawings. No Work called for by Working Drawings shall be done until such drawings have been approved by ENGINEER. 6.22.7 The procedure in seeking approval of the Working Drawings shall be as follows: .1 CONTRACTOR shall submit six (6) complete sets of drawings and other descriptive data together with six (6) copies of a letter of transmittal to ENGINEER for approval. The letter of transmittal shall contain the name of the Project, Workmanship and Materials section number, the name of CONTRACTOR, the list of drawings submitted including numbers and titles, requests for any approval of departures from the contract requirements and any other pertinent information. .2 Drawings or descriptive data will be stamped "Approved”, “Approved as Noted”, or “Not Approved” by the ENGINEER, and one (1) copy with a letter of transmittal will be returned to CONTRACTOR. .3 If a drawing or other data is stamped "Approved”, CONTRACTOR shall insert the date of approval on six (6) additional copies of the document and transmit the six (6) copies to ENGINEER together with one copy of a letter of transmittal containing substantially the same information required in Sub- Section .1. .4 If a drawing or other data is stamped “Approved as Noted', CONTRACTOR shall make the corrections indicated and proceed as in Sub-Section .3. .5 If a drawing or data is stamped “Not Approved”, CONTRACTOR shall make the necessary corrections and resubmit the documents as required in Sub- Section .1. The letter transmitting corrected documents shall indicate that the documents comprise a resubmittal. .6 If any corrections, other than those noted by ENGINEER, are made on a Working Drawing prior to resubmittal, such changes must be pointed out by CONTRACTOR upon resubmittal. G-26 .7 CONTRACTOR shall revise and resubmit the Working Drawings as required until approval thereof is obtained. Costs associated with the ENGINEER’s review of any third and subsequent submittals shall be borne by CONTRACTOR. CONTRACTOR shall be billed for these costs by OWNER or the OWNER may deduct such costs from subsequent payment. 6.23 Continuing the Work. CONTRACTOR shall diligently and uninterruptedly carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Section 14.5 or as CONTRACTOR and OWNER may otherwise specifically agree in writing. Any work stoppage, delay, suspension or significant reduction in manpower, or removal of equipment from the site, determined by the ENGINEER or OWNER to have occurred by reason of any such unresolved dispute or disagreement shall constitute an event of default thereby subjecting CONTRACTOR to termination of the Contract. 6.24 Allocation of Risk and Indemnification. 6.24.1 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses, liabilities and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, court costs and arbitration costs) arising out of or resulting from the performance of the Work or from the installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment or material, provided that any such claim, damage, loss, liability or expense is caused in whole or in part by a negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law or Regulation regardless of the negligence of any such party. Such indemnification shall also apply to any warranty work required by the Contract Documents. 6.24.2 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this Section 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 Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.24.3 The obligations of CONTRACTOR under this Section shall not extend to the liability of ENGINEER, ENGINEERs’ consultants, agents or employees arising G-27 out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, design or specifications. 6.25 Subcontractor and other Liens. CONTRACTOR agrees and warrants to the OWNER that no claim or lien shall attach to or be filed on the Project by virtue of CONTRACTOR’s default in paying any employee, subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the CONTRACTOR will not be due until CONTRACTOR delivers to OWNER a complete release of such claim or lien, or, at OWNER’s option, a bond satisfactory to OWNER indemnifying OWNER against such claim or lien. 6.26 Installation of Utility Service. CONTRACTOR shall assume all responsibility for proper installation of utility services to meet all rules and regulations of all utility companies or government agencies involved. It is the responsibility of CONTRACTOR to provide a complete service and provide all work necessary to coordinate the Work with the work of the utility companies. 6.27 Damage, Survey and Correction. CONTRACTOR, accompanied by a representative of OWNER and/or ENGINEER, shall make a damage survey of the work site and adjacent properties prior to commencing the Work and before making application for final payment for the Work. CONTRACTOR shall provide OWNER a written inventory of damage observed during each survey. CONTRACTOR shall replace or repair all existing construction and facilities (both surface and subsurface) including, but not limited to, sidewalks, fences, yards, plantings, mechanical services and electrical services which may be damaged in the performance of the Work. All damage shall be corrected and such facilities shall be restored to their original condition. Materials and construction shall be new and equal in quality, design, workmanship and installation to the existing material and construction. 6.28 Damage Notification. CONTRACTOR shall notify ENGINEER immediately upon observing damage to the site regardless of whether or not the damage is the result of CONTRACTOR's operations. 6.29 Construction Wage Rates. There shall be paid each laborer of the CONTRACTOR or Subcontractor engaged in Work under the Agreement in the classification listed on the construction wage rate scale included in the Contract Documents, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any subcontractors and such laborers. The schedule of common construction wage rates has been determined in compliance with the provisions of applicable Indiana statutes. 6.29.1 The specified wage rates are minimum rates only, and the OWNER will not consider any claims for additional compensation made by the CONTRACTOR because of payment by the CONTRACTOR of any wage rate in excess of the applicable rate contained in this Agreement. All disputes in regard to the payment of wages in excess of those specified in this Agreement shall be adjusted by the CONTRACTOR. G-28 6.29.2 Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Agreement shall be decided by the OWNER’s governing body or other duly designated officials. 6.29.3 The CONTRACTOR shall post, at appropriate conspicuous points at the site of the Project, a schedule showing all determined wage rates for the three (3) classes of laborers to be engaged in work on the Project under the Agreement and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers so engaged. ARTICLE 7 - WORK BY THIRD PARTIES 7.1 Separate Work By Others. OWNER may perform other work related to the Project at the site by OWNER’s own forces, have other work performed by utility owners or their contractors or let other direct contracts which shall contain General Conditions similar to these. If the performance of such work is not reasonably indicated by the Contract Documents or is not reasonably inferable therefrom or otherwise inherent in connection with the Work as described by the Contract Documents as such work relates to the overall Project, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time, and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. CONTRACTOR shall afford each utility owner or its contractors and any other contractor who is a party to such a direct contract, or OWNER'S employees if OWNER is performing work with its own forces, proper and safe access to the site and reasonable opportunity for the proper, efficient and timely performance of such work and for introduction and storage of materials and equipment, and shall properly connect and coordinate the Work with the work and activities of such other parties. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this Section are for the benefit of and may be directly enforced by such utility owners and other separate contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.2 Inspecting Other Work. If any part of CONTRACTOR’s Work depends, for proper execution or results, upon the work of any such other contractor or utility owner or OWNER’s forces, CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results or that hinder or otherwise impact the Work to be performed by CONTRACTOR. CONTRACTOR’s failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR’s Work except for latent or non-apparent defects and deficiencies in the other work. G-29 7.3 Coordination. CONTRACTOR shall schedule the Work such that it shall cause no delay in the work of the other contractors. ENGINEER will monitor the CONTRACTOR’s coordination of its Work with the work of other contractors. Where coordination and scheduling conflicts arise between the Work and the work of other contractors on the site, ENGINEER will provide input to resolve the conflict, but such input or monitoring by the ENGINEER shall not relieve the CONTRACTOR of its obligations in respect of coordination with other contractors. Except as provided in Section 11.4, CONTRACTOR shall have no claim against OWNER for delays, disruptions or hindrances caused by other contractors who may be operating at the site, including, without limitation, delays resulting from lack of coordination. Should CONTRACTOR cause damage to another contractor or subcontractor employed on the Project, CONTRACTOR agrees to settle with such other contractor or subcontractor by agreement, if the other party will so settle. If such other contractor or subcontractor sues OWNER or ENGINEER on account of damage alleged to have been sustained, OWNER or ENGINEER as applicable, shall notify CONTRACTOR and CONTRACTOR shall bear the cost of defending such proceedings, and if a judgment or award in arbitration against OWNER or ENGINEER arises therefrom, CONTRACTOR shall pay or satisfy said judgment, and pay all cost incurred by OWNER or ENGINEER, including attorney fees. ARTICLE 8 - OWNER’S AND ENGINEER'S STATUS DURING CONSTRUCTION 8.1 OWNER’s Representative. ENGINEER will be OWNER’s representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER’s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 8.2 Visits to Site. ENGINEER will make visits to the site at intervals appropriate to various stages of construction to observe and become cognizant with the progress, quality and quantity of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will also, as he deems necessary, make on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be undertaken solely for the purpose of providing OWNER a greater degree of confidence that all Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 8.3 Project Representation. OWNER may, at its sole option, assign one or more full or part time engineers, inspectors or other representatives to observe the performance of the Work. The duties, responsibilities and limitations of authority of any such representatives will be as provided in the General Conditions or as otherwise stated to CONTRACTOR in writing by the Director or other duly appointed official of the department or agency of the OWNER for whose use and/or benefit the Project is to be constructed. G-30 8.4 Clarifications and Interpretations. ENGINEER may issue written clarifications or interpretations of the requirements of Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such clarifications and interpretations shall become binding upon the CONTRACTOR upon ratification thereof by the OWNER. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 10 or Article 11. 8.5 Authorized Variations in Work. OWNER, or ENGINEER following consultation with and approval by the OWNER, may authorize minor variations in the Work Time the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order or other form of written directive and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order or other written directive issued pursuant to this Section justifies an increase in the Contract Price or an extension of the contract time, CONTRACTOR shall make a claim therefore as provided in Article 10 or 11. 8.6 Rejecting Defective Work. OWNER or ENGINEER will have authority to disapprove or reject Work which is believed or determined to be defective, and will also have authority to require special inspection or testing of the Work as provided in Section 12.4, whether or not the Work is fabricated, installed or completed. 8.7 ENGINEER’s Interpretations and Decisions. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder to the extent that such requirements and issues respecting acceptability of the Work involve decisions or interpretations dealing with technical, engineering, design or other subject matters, arising out of the Technical Specifications and within the expertise of the ENGINEER. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than twenty (20) days) after occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within thirty (30) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. In the event of such referral, the ENGINEER will render a formal decision in writing within a reasonable time. The OWNER shall resolve all other disagreements arising from the Technical Specifications or other sections of the Contract Documents and CONTRACTOR shall comply with the time limitations contained herein. 8.8 Non-liability of ENGINEER. Neither ENGINEER’s authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith, either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or G-31 any other person or organization performing any of the Work, or to any surety for any of them. 8.9 Purposes of ENGINEER’s Activities. Whenever in the Contract Documents the terms “as ordered”, "as directed”, “as required”, “as allowed”, “as approved” or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, "acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 8.10 Construction Methods. OWNER and ENGINEER shall have no responsibility for CONTRACTOR's selection or implementation of means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and OWNER and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work or to fulfill other duties in accordance with the Contract Documents. 8.11 Acts or Omissions By Others. OWNER and ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, any Supplier, or of any separate contractor or other person or organization furnishing any work, labor, materials or services for or in furtherance of the Project. 8.12 Communications. OWNER may issue all communication to CONTRACTOR through ENGINEER or at its option may communicate with the CONTRACTOR directly, with a copy to the ENGINEER. 8.13 Replacement for ENGINEER. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER; provided, that OWNER may, at its sole option and with notice to CONTRACTOR, elect to exercise all or part of the function and authority of the ENGINEER following such termination, either permanently or on an interim basis. ARTICLE 9 - CHANGES IN THE WORK 9.1 OWNER’s Right To Initiate Changes. Without invalidating the Agreement and without notice to any surety, OWNER may at any time order additions, deletions or revisions in the Work. Such changes will be authorized by a Written Amendment, a Change Order or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved, which will be performed under the applicable provisions of the Contract Documents except as otherwise specifically provided. 9.2 Inability To Agree on Price or Time Adjustments. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or G-32 an extension or shortening of the Contract Time that should be allowed as a result of an OWNER-initiated change, a claim may be made therefore as provided in Article 10 or Article 11. 9.3 Non-Required Work. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents, as amended, modified and supplemented as provided in Sections 3.4 and 3.5, except in the case of an emergency as provided in Section 6.21 and except in the case of uncovering Work as provided in Section 12.4. 9.4 Change Orders and Amendments. OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering (i) changes to the Work which are ordered by OWNER pursuant to Section 9.1, are required because of acceptance of Defective Work under Section 12.8 or correcting Defective Work under Section 12.9; (ii) changes in the Contract Price or Contract Time which are agreed to by the parties; and (iii) changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to Section 8.7, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Section 6.23. ARTICLE 10 - CHANGE OF CONTRACT PRICE 10.1 Items Included in Contract Price. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work and assuming all obligations and risks as provided by the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 10.2 Changes in Contract Price. The Contract Price may only be changed by a Change Order or by a Written Agreement. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and ENGINEER promptly, but in no event later than twenty (20) days after the occurrence of the event or the commencement of a series of events giving rise to the claim, which notice shall particularly state the factual basis of the claim and the nature and extent of additional costs or damages to be sustained there from. Notice of the specific amount of the claim, with supporting data shall be delivered to the other party and ENGINEER within thirty (30) days after such notice, unless ENGINEER, for good cause shown, allows an additional period of time for claimant to ascertain and present accurate supporting data. A written statement of the amount claimed by claimant shall be conclusively presumed to include all direct, indirect and consequential amounts claimed or to be claimed by claimant as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the CONTRACTOR any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. The burden of proof for such claim shall be on claimant. G-33 10.3 Value of Affected Work. The value of any Work affected by a Change Order, or any Written Agreement, or of any increase or decrease in the Contract Price in respect of OWNER-initiated changes or CONTRACTOR claims as provided by this Section shall be determined in one of the following ways: 10.3.1 For Work covered in whole or in part by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the contract items involved, unless otherwise provided in the Contract Documents; 10.3.2 For items or elements of Work not covered by unit prices, by mutual acceptance of a lump sum or unit price; or, if no such agreement is reached, on the basis of the Cost of the Work (determined as provided in Sections 10.4 and 10.5) plus a reasonable allowance for CONTRACTOR’s profit and overhead based on a percentage of the Cost of Work not to exceed ten percent (10%), or such different percentage as may be specified by other Contract Documents. 10.4 Cost of The Work. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper and efficient performance of the particular Work for which costs thereof are to be determined. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project. Such costs shall not include any of the costs itemized in Section 10.5 and may include only the following items: 10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the affected Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on such 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' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall not include superintendents or other management and supervisory personnel whose costs are included in the Contract Price. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays shall be included only if authorized by OWNER in writing. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and field services by suppliers or manufacturers 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 cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. G-34 10.4.3 Payments made by CONTRACTOR to Subcontractors for affected Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of cost of the affected Work Plus a fee, Subcontractor’s cost of such Work shall be determined in the same manner as CONTRACTOR’s Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 10.4.4 Cost of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the affected Work. 10.4.5 Supplemental costs including the following: .1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR’s employees incurred in discharge of duties connected with the affected Work. .2 Costs, 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 affected Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. .3 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, installation, dismantling and removal thereof all in accordance with 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 affected Work. When construction equipment is owned by CONTRACTOR, the cost of such equipment shall be in accordance with U.S. Army Corps of Engineers publication titled “Construction Equipment Ownership and Operating Schedule” for Region II. .4 Sales, consumer, sue or similar taxes related to the affected Work, and for which CONTRACTOR is liable, imposed by Laws or Regulations. .5 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. .6 Losses, damages, and expenses not compensated by insurance or otherwise, related to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the affected Work (except losses and G-35 damages within the deductible amounts of property insurance established by OWNER in accordance with Article 5, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable). Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR’s Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in Section 10.3. .7 The cost of utilities, fuel and sanitary facilities at the site. .8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. .9 Cost of premiums for additional Bonds and Insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with Article 5. 10.5 Excluded Costs. The term Cost of the Work shall not include (i) expenses of CONTRACTOR's branch offices other than CONTRACTOR's office at the site, (ii) any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments (iii) cost of premiums for all Bonds and for all insurance not required by the Contract Documents (except for cost of premiums covered by Subparagraph 10.4.5 above), (iv) 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 and equipment wrongly supplied and making good any damage to property, and/or (v) other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 10.4. 10.6 Cash Allowances. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, if any, and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to OWNER. CONTRACTOR further agrees that: 10.6.1 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 G-36 10.6.2 CONTRACTOR’s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the Cash Allowances have been included in the Contract Price and not in the Cash Allowances. No demand for additional payment on account of any such costs will be valid. 10.6.3 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 Cash Allowances, and the Contract Price shall be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT TIME; LIQUIDATED DAMAGES; DELAYS AND HINDRANCES 11.1 Liquidated Damages - Assessment. If CONTRACTOR does not achieve Substantial Completion or Final Completion of all elements of the Work within the time required by the Contract Documents, and liquidated damages are established by the Agreement or other Contract Documents to be assessed and recovered by OWNER to compensate OWNER for such delay in completion, it is understood and agreed that OWNER will incur substantial damages and losses which are and will hereafter be difficult or impossible to quantify, ascertain and prove as actual damages for such delay. Such damages are foreseen to include, without limitation, extended or additional costs for observation, inspection, engineering, utilities, insurance, administration, and also indeterminate damages, hindrance, or inconvenience to members of the public, deprivation of use and operation and impairment of financing. Accordingly, and in lieu of actual damages, CONTRACTOR and his Surety shall be liable to OWNER, and OWNER shall be entitled to collect and recover such liquidated damages from CONTRACTOR and his Surety, in lieu of actual damages and not as a penalty, in the respective amounts per day for each calendar day that Substantial Completion or Final Completion of the entire Work, as appropriate, is delayed beyond the date(s) or time limitation(s) provided by the Contract Documents. Neither partial acceptance nor partial Beneficial Occupancy or use of portions of the Work by OWNER prior to achievement of Substantial Completion of all elements of the Work shall defeat or impair OWNER's rights in respect to liquidated damages as provided by this Article. 11.2 Liquidated Damages - Reasonable Amount. The original Contract Price provided In the Contract Documents shall be deemed to include adequate consideration and payment to compensate CONTRACTOR for the risk of liability imposed upon CONTRACTOR under this Section in respect to liquidated damages and CONTRACTOR acknowledges and agrees that the respective amounts of such liquidated damages are reasonable with due consideration for the type, nature and extent of the Work and the Contract Price and that such liquidated damages fairly approximate the nature and amount of actual damages which OWNER may incur as a result of delayed completion and that such liquidated damages may be assessed and recovered by OWNER without proof or evidence concerning the types or amounts of such actual damages. 11.3 Delay Following Termination. The liquidated damages provided by this Article shall apply equally to delay in the achievement of Substantial Completion following abandonment of the Work by CONTRACTOR or termination by OWNER because of G-37 CONTRACTOR's default, to the extent that such delays are caused in whole or in part by such abandonment, termination, default or other acts or omissions for which CONTRACTOR is responsible. No delay or forbearance by OWNER in enforcing any rights or remedies under the Contract Documents, including without limitation, the right to termination of the CONTRACTOR's right to proceed and the right to engage completion contractors to complete the Work shall constitute a waiver by OWNER or deprive OWNER of its right to retain, receive and recover such liquidated damages from CONTRACTOR and its surety or diminish the period of delayed completion from which such liquidated damages are to be determined. 11.4 Extension of Contract Time. If CONTRACTOR is delayed or hindered at any time in the progress of the Work by any act or neglect of OWNER or ENGINEER, or by any employee of either, or by changes ordered in the Work, or by unavoidable labor disputes, fire, unusual delay in transportation, unavoidable casualties, unforeseeable abnormal and unusually severe weather conditions, or any other causes beyond CONTRACTOR’s control and the risks of which are not otherwise assumed by CONTRACTOR under the Contract Documents (collectively referred to as Excusable Delays), or by delay authorized by OWNER pending arbitration, or by any other cause which OWNER, in consultation with ENGINEER, determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall not be entitled to an extension of time for delays or hindrances caused by weather conditions or other natural phenomena of normal intensity for the locality and season during which Work is performed, unsuitable ground conditions except as may be provided in Article 4, inadequate construction forces, financial difficulties of CONTRACTOR or his Subcontractors or the failure of CONTRACTOR or its subcontractors or material suppliers to provide shop drawings or other required submittals on a timely basis and as scheduled or to place orders for equipment or materials sufficiently in advance to insure timely and proper delivery. 11.5 Notice of Delays or Hindrances. The Contract Time may only be extended by a Change Order or by a Written Agreement. CONTRACTOR’s entitlement to an increase in the Contract Time shall be conditioned upon CONTRACTOR furnishing a written notice to the OWNER and ENGINEER no later than twenty (20) days after the occurrence of the event or the commencement of a series of events giving rise to the request for extension, which notice shall particularly state the factual basis and grounds for the request and the duration of time sought as an extension of the Contract Time. Additional supporting data as required by OWNER or ENGINEER, shall be delivered to OWNER or ENGINEER within thirty (30) days after such notice, unless OWNER, for good cause shown, allows an additional period of time for CONTRACTOR to ascertain and present accurate supporting data. A notice of time extension request by CONTRACTOR under this Section shall be conclusively presumed to include all direct, indirect and cumulative impact upon the time required by CONTRACTOR to perform and complete the Work as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the CONTRACTOR any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. G-38 11.6 Time Extension As Exclusive Remedy. As between CONTRACTOR and OWNER, CONTRACTOR shall assume the risk of any and all suspensions of, delays or interference’s in or hindrances to the performance of the Work, regardless of the length thereof or the party responsible there for and arising from any and all causes whatsoever, including, without limitation, those due to any acts or omissions of or interference by OWNER, ENGINEER, other contractors or Subcontractors, except only to the extent that an extension of time may be due to CONTRACTOR as expressly provided for in this Article for such suspension, delay, interference or hindrance. CONTRACTOR shall bear all direct or indirect costs, expenses and liabilities which he may incur in connection with such suspensions, delays, hindrances or interference’s and all such suspensions, delays, interference’s or hindrances, costs, expenses and liabilities of any nature whatsoever, whether or not specifically described or referred to in the Contract Documents, shall conclusively be deemed to have been within the contemplation of the parties. 11.7 Limitations on Time Extensions. Contract Time extensions will be granted only to the extent that Excusable Delays occur without concurrent non-excusable delays and actually extend the time required by CONTRACTOR to perform and complete critical Work elements and activities and which thereby cause an actual delay to achievement of Project completion. Extensions of Contract Time shall be based solely upon the effect of delays to the Work as a whole. The Contract Time shall not be extended for delays to parts of the Work, whether or not changed by any Change Order, that are not on the critical path of the progress schedule. Concurrent Work activities, which are not critical to Project completion shall not be the subject of additional time extensions or compensation if those work activities are performed, or could be performed, within a moveable time frame concurrent with a critical item. ARTICLE 12 - WARRANTIES, TESTS AND DEFECTIVE WORK 12.1 Warranty. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be performed, supplied, furnished and installed, and that the Work will be performed in strict accordance with the Contract Documents and will not be Defective. Notice of all Work determined or suspected to be Defective or not in conformity with the Contract Documents shall be given to CONTRACTOR within a reasonable time after observance thereof. 12.2 Access to Work. OWNER, ENGINEER and their respective representatives, and all governmental agencies with jurisdictional interests in respect of the Work or the activities of CONTRACTOR or its subcontractors shall be afforded complete and unhindered access to the Work for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access and advise them of CONTRACTOR’s site safety procedures and programs so that they may comply therewith as applicable. 12.3 Tests and Inspections. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the G-39 required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with OWNER’s or ENGINEER's acceptance of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals which are required by Contract Documents shall be paid by OWNER except as otherwise specified. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR or by ENGINEER if so specified. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering Work. If any Work is covered contrary to written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR’s expense. If any Work (including the work of others) that is to be inspected, tested or approved is covered or reasonable access thereto is impaired without written concurrence of ENGINEER, it must, if requested by OWNER or ENGINEER, be uncovered or access thereto open for observation. Such uncovering shall be at CONTRACTOR’s expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR’s intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) and OWNER shall be entitled to an appropriate decrease in the Contract Price by Change Order or Written Agreement. If, however, such Work is not found to be Defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. 12.5 OWNER May Stop the Work. If the Work is determined by OWNER or ENGINEER to be Defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. G-40 12.6 Pre-Completion Correction or Removal of Defective Work. If required by OWNER or ENGINEER prior to Substantial Completion, CONTRACTOR shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by OWNER or ENGINEER, remove it from the site and replace it with non-Defective Work. CONTRACTOR shall bear all direct and consequential costs of such correction or removal, made necessary thereby, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. 12.7 Post-Completion Correction Period. Except as otherwise required by the Contract Documents or provided by any special warranties furnished there under, CONTRACTOR shall promptly and properly repair, replace, restore or rebuild, as OWNER determines, any finished Work in respect of which defects of materials or workmanship may appear or as to which damage may occur because of such defects during the following periods: (i) for defects in materials, a period of three (3) calendar years commencing on the date of Substantial Completion, and (ii) for defects in workmanship, a period of three (3) calendar years commencing on the date of Final Acceptance. 12.7.1 In circumstances where OWNER determines that a defect does not involve an imminent threat to persons, property or OWNER’s ability to comply with governmental orders, laws or regulations, OWNER shall give CONTRACTOR written notice of such defect. CONTRACTOR shall, at its sole cost and within seven (7) calendar days after receipt of OWNER’s written notice, commence the repair, replacement, restoration or rebuilding of the damaged or Defective Work using his own personnel or those of a third party, and shall diligently and without interruption complete all such required corrective action within a reasonable time. 12.7.2 In circumstances where OWNER determines that a defect does involve an imminent threat to persons, property or OWNERs ability to comply with governmental orders, laws or regulations, OWNER may, without notice to CONTRACTOR, immediately take such action as OWNER deems necessary to effectuate the repair, replacement, restoration or rebuilding of any damaged or Defective Work or the protection and preservation of other Work or property threatened thereby. As soon as practicable thereafter, OWNER shall notify or otherwise afford CONTRACTOR a reasonable opportunity to investigate and continue or complete corrective action as required, if any. If CONTRACTOR fails to commence and continue required corrective action in a prompt and timely manner, OWNER may complete the repair, replacement, restoration or rebuilding of the damaged or Defective Work using its own personnel or those of a third party. 12.7.3 In all circumstances, CONTRACTOR and its surety shall be liable for any and all costs and damages sustained by OWNER in respect of any such defect. 12.7.4 Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of CONTRACTOR under the Contract Documents, including, without limitation, CONTRACTOR's obligations under G-41 Warranties. Establishment of time periods in this Section relates only to the specific obligation of CONTRACTOR to correct the Work and has no relationship to the time within which proceedings may be commenced to establish or enforce CONTRACTOR’s liability with respect to obligations other than specifically to correct defects in the Work as prescribed by this Section. 12.8 Option To Accept Defective Work. Instead of requiring correction or removal and replacement of Defective Work, OWNER may elect to accept such Work in the condition as provided. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s evaluation of and determination to accept such Defective Work, to include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price to account for such costs and damages. If the acceptance occurs after such recommendation of final payment, such costs and damages shall be paid by CONTRACTOR and its surety to OWNER. 12.9 OWNER May Correct Defective Work. If CONTRACTOR fails within a reasonable time to proceed to correct Defective Work or to remove and replace rejected Work as provided by Section 12.6, or if CONTRACTOR fails in any respect to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency, and may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, suspend CONTRACTOR’s services related thereto, and take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, ENGINEER, their respective representatives and other contractors full and unhindered access to the site to enable OWNER to exercise the rights and remedies under this Section. All claims costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and its surety and OWNER shall be entitled to a corresponding decrease in the Contract Price and a Change Order or Written Agreement will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work or property of OWNER or others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay or hindrance in performance of the Work. attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder. G-42 ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values. CONTRACTOR shall provide ENGINEER with a Schedule of Values as required by Section 2.7. The Schedule of Values will serve as a basis of progress payments during construction. 13.2 Basis For Payments. Payment for the Work is based upon a lump sum and/or unit prices as established by the Agreement. Subject to the limitations and conditions provided elsewhere in these General Conditions or in other Contract Documents, progress payments for lump sum items shall be based upon percentage of completion at the time of request for such payments as determined or approved by ENGINEER while progress payments for unit price Contract Items shall be determined by ENGINEER based upon approved estimated quantities of such Items completed and in place. The method for calculating estimated quantities shall be based upon reasonable engineering methods for such estimates. If a unit price for a Contract Item includes compensation for successful testing of Work or for finish grading, cleanup or other surface or site restoration as part of such Item, OWNER may at its sole option deduct from payments and withhold (i) up to fifteen percent (15%) of the unit price for Work installed but not successfully tested, and (ii) up to ten percent (10%) of the unit price for Work installed but as to which finish grading, cleanup or other surface or site restoration has not been completed which sums shall be in addition to retainage and other amounts withheld by OWNER as permitted by the Contract Documents. Such sums shall be released to CONTRACTOR upon satisfactory completion of testing or restoration, as applicable. 13.3 Stored Materials and Equipment. Payments for materials or equipment not incorporated into the Work, but delivered and suitably stored at the site, or, if provided by the Contract Documents or agreed upon in writing, at some other location off of the site, shall be conditioned upon compliance by CONTRACTOR with procedures satisfactory to OWNER to establish OWNER’s title to such materials and equipment or otherwise protect the OWNER’s interest and shall include applicable insurance, storage and transportation to the site. Payments for stored materials or equipment may not exceed one hundred percent (100%) less retainage of the net value of such stored material or equipment. 13.4 Specially Manufactured Items. If payment for work on undelivered specifically manufactured items is permitted by the Contract Documents or by OWNER’s written approval, such payment shall be conditioned upon submission by CONTRACTOR of bills of sale, invoices and other documentation establishing in favor of OWNER a valid security interest in the items and establishing or certifying that the items are covered by appropriate Insurance and other arrangements to protect the OWNER's interest therein, all of which will be satisfactory to OWNER. The OWNER may further condition such payment upon ENGINEER’s observation of the progress of such items, and in such case CONTRACTOR shall provide transportation and reasonable lodging and other appropriate expenses for a representative of OWNER or ENGINEER to travel to the place of manufacture of such equipment or material to conduct such observation. G-43 13.5 Retainage. OWNER shall withhold retainage in the amount of ten percent (10%) of each Progress Payment until the Work or designated portion thereof is fifty percent (50%) complete. Thereafter, no further retention under this Section shall be made, provided that CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding. If required by governing statutes, such retainage shall be deposited into an interest bearing escrow account pursuant to the terms of a written Escrow Agreement executed in accordance with such statutes, and upon such form as approved by OWNER. Upon issuance and OWNER's execution of a Certificate of Substantial Completion, OWNER may reduce the retained amount to not less than two hundred percent (200%) of the cost of the Work remaining to be completed, corrected or accepted. Retainage may not be reduced until CONTRACTOR provides OWNER with complete and legally effective releases or waivers of all claims or liens arising out of or filed in connection with the Work, which instruments shall be upon such forms as approved by OWNER. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which a claim or lien could be filed, and that all payrolls, material work equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any claim or lien. 13.6 Applications for Progress Payment. At least twenty (20) days before each Progress Payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review a properly completed and signed Application for Payment upon such form as OWNER may prescribe, together with such supporting documentation as OWNER may prescribe under the Contract Documents. The submission of any request for progress payment shall be deemed a waiver and release by CONTRACTOR of all liens and claims with respect to the Work and period to which such Progress Payment request pertains except as specifically reserved and noted on such request. The second and each subsequent Application for Progress Payment shall include an affidavit from CONTRACTOR stating that all previous Progress Payments received on account of the Work have been applied to discharge in full all of CONTRACTOR’s obligations in respect of Work covered by prior Applications. OWNER or ENGINEER may reject CONTRACTOR's Application for Progress Payment if CONTRACTOR fails to submit updated progress schedules as provided in Section 2.7. 13.7 Payroll Reports. CONTRACTOR's Application for Payment shall be accompanied by a payroll report by CONTRACTOR and each of its Subcontractors for the pay period covered by the application. The report shall state, as to each employee, his/her name, address and social security number, work classification, hours worked, rate of pay, itemized deductions, gross amount earned, net pay and fringe benefit information. This report shall be provided either on Federal Form WH-347 for reporting prevailing wages under the Davis Bacon Act, or otherwise by submitting the payroll information in CONTRACTOR’s format along with Federal Form WH-348 Statement of Compliance under the Davis Bacon Act. G-44 13.8 CONTRACTOR’s Warranty of Title. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to OWNER no later than the time of payment free and clear of all claims and liens. 13.9 Action Upon Applications for Payment. ENGINEER will, within five (5) days after receipt of each Application for Payment, either (i) indicate in writing a recommendation of payment and present the Application to OWNER, or (ii) 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 to OWNER, with notice that the deficiencies noted by ENGINEER have been corrected. Payments to CONTRACTOR shall not be due until the expiration of thirty-five (35) days from the date of OWNER's approval of ENGINEER's recommendation of payment. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER’s opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because (i) the Work is Defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by Written Amendment or Change Order, (iii) OWNER has suffered a loss as provided in Section 6.24 or has been required to correct Defective Work or complete Work in accordance with Section 12.9, or (iv) of ENGINEER’s actual knowledge of the occurrence of any of the events enumerated in Sections 14.2. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR’s performance or furnishing of the Work, or claims have been filed in connection with the Work, or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. 13.10 Substantial Completion. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall, in writing to OWNER and ENGINEER, request the issuance of a Certificate of Substantial Completion. Within a reasonable time thereafter, ENGINEER shall respond to CONTRACTOR by either (a) scheduling an inspection of the Work by OWNER, ENGINEER and CONTRACTOR to determine the status of completion or (b) notifying CONTRACTOR in writing that the Work has been determined by OWNER or ENGINEER not to be substantially complete and explaining the basis therefore. If, after such inspection, OWNER and ENGINEER conclude that the Work is not substantially complete, ENGINEER will, within fourteen (14) days after such inspection, notify CONTRACTOR in writing, stating basis therefore. If, after the inspection, OWNER and ENGINEER consider the Work substantially complete, ENGINEER shall prepare and deliver to OWNER a recommended Certificate of Substantial Completion, which shall fix the date of Substantial Completion, and address the respective responsibilities of OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. The Certificate, as recommended by ENGINEER or as approved by OWNER, may have attached a list of G-45 items to be completed or corrected prior to final payment and may state any additional issues or reservations to remain unaffected by substantial completion. The certificate of Substantial Completion, as accepted and approved by OWNER, will be submitted to CONTRACTOR for acceptance, which acceptance shall be deemed effective, and CONTRACTOR shall become unconditionally bound to the terms thereof, upon (i) CONTRACTORs execution of the certificate, or (ii) CONTRACTOR's failure to provide written notice objecting to the terms of such certificate within five (5) days after receipt thereof. 13.11 Site Access Upon Substantial Completion. OWNER shall have the right, but not the obligation, to exclude CONTRACTOR from the site of the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to the site to complete or correct items of Work or to fulfill other obligations as provided by the Certificate of Substantial Completion. 13.12 Partial Utilization and Occupancy. Use or occupancy by OWNER of portions of the Work may be accomplished prior to Substantial Completion of all the Work upon determination by OWNER in consultation with ENGINEER that any such portion constitutes a separately functioning and usable part of the Work that can be used by OWNER without causing substantial interference with CONTRACTOR's performance of the remainder of the Work, subject to the following: 13.12.1 OWNER, at any time may give written notice to CONTRACTOR of OWNER’s intent to use or occupy any part of the Work, which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a Certificate of Partial Substantial Completion for that part of the Work. CONTRACTOR, at any time, may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a Certificate of Partial Substantial Completion for that part of the Work. The provisions and procedures set forth in Sections 13.10 and 13.11 shall govern inspections and recommendations concerning partial substantial completion and certification thereof. 13.12.2 OWNER may, at any time, give written notice to CONTRACTOR of OWNER's intent to use or occupy any part of the Work, which is not substantially complete. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of the items remaining to be completed or corrected thereon before final payment. Upon failure of the parties to agree upon such list, ENGINEER will promptly finalize the list and deliver same to OWNER and CONTRACTOR together with a written determination as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operations, safety, maintenance, utilities, insurance, warranties and guarantees for that part G-46 of the Work. Such list and determination will become binding upon OWNER and CONTRACTOR except as otherwise agreed in writing between them. During the period of OWNER’s use or occupancy of such part of the Work, OWNER shall afford CONTRACTOR reasonable access and opportunity to complete or correct items on said list and to complete other related Work. 13.12.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Section 5.9 with respect to property insurance. 13.13 Final Inspection. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. CONTRACTOR shall immediately take such measures as are necessary to complete and remedy such Work to the satisfaction of OWNER and ENGINEER. Upon written notice from CONTRACTOR that all Work, which was incomplete or defective has been completed or remedied, ENGINEER and OWNER will make an additional inspection to verify the work performed. If it is determined that the Work is still incomplete or defective, CONTRACTOR shall bear all direct, indirect and consequential costs of re- inspecting said Work (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals) and OWNER shall be entitled to an appropriate decrease in the Contract Price by Change Order or written agreement. 13.14 Final Application for Payment. After CONTRACTOR has completed the Work and all corrections as provided elsewhere in this Article and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents (as provided in Section 6.19) and all other documents as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of Section 13.16), CONTRACTOR may make application for Final Payment which, except as otherwise provided in this Article, shall be subject to the procedures and requirements in respect of progress payments. The Final Application for Payment shall be accompanied by complete and legally effective releases or waivers by all subcontractors and material suppliers from all claims or liens arising out of or filed or which could otherwise be filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish: receipts or releases in full; an affidavit from CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a claim or lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER, contract funds or OWNER's property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may, at OWNER's option, furnish a Bond or other collateral satisfactory to indemnify OWNER against any claim or lien. CONTRACTOR's Application for Final Payment shall be accompanied by a list of all Subcontractors involved in the project, and the amount in dollars paid to each Subcontractor. The list shall identify MBEs and WBEs and shall include the final Contract Price for each. G-47 13.15 Final Payment and Acceptance. 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, all as required by the Contract Documents, OWNER is satisfied that the Work has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the Final Application of Payment, indicate in writing ENGINEER’s recommendation of payment and present the Application to OWNER for payment. Otherwise, ENGINEER will return the Application 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. If the application and accompanying documentation are approved by OWNER as to form and substance, OWNER shall pay CONTRACTOR the amount recommended by ENGINEER. 13.16 Delayed Final Completion. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER will, upon receipt of CONTRACTOR’s Final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section 5.1, the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment will be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. 13.17 CONTRACTOR’s Continuing Obligations. Except as otherwise expressly provided to the contrary by the Contract Documents, CONTRACTOR's duty to perform and complete the Work and to fulfill other obligations in accordance with the Contract Documents shall be absolute. Neither recommendation of any Progress Payment or Final Payment by ENGINEER, nor approval or acceptance thereof by OWNER, 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 Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any activities by CONTRACTOR or OWNER in correction of Defective Work will constitute an acceptance of Work not in accordance with the Contract Documents or a release or waiver of CONTRACTOR’s obligations under the Contract Documents or of OWNER’s rights and remedies there under. 13.18 Waiver of Claims By Final Payment. The making and acceptance of Final Payment shall constitute a waiver of all claims by OWNER against CONTRACTOR and by CONTRACTOR against OWNER except (i) claims previously made in writing by either party and remaining unsettled as of the date of final payment, (ii) claims by OWNER attributable to Defective Work or prior corrective work, appearing after final inspection or from failure to comply with the Contract Documents, (iii) OWNER claims and other G-48 rights arising under the terms of any general or special warranties or guarantees specified by the Contract Documents or arising there under, and (iv) OWNER claims and other rights in respect of CONTRACTOR’s and its surety's continuing obligations under Laws and Regulations or the Contract Documents; ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION 14.1 OWNER May Suspend Work. OWNER may, at any time and without cause, suspend the Work or any portion thereof by notice in writing to CONTRACTOR and ENGINEER, which will fix either the date or requisite events for resumption of the Work. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may make a claim for an extension of the Contract Time on account of such suspension, as provided by and subject to the limitations of Article 11 hereinabove. 14.2 CONTRACTOR Default. The OWNER may declare CONTRACTOR to be in default under the Agreement and may terminate CONTRACTOR's right to proceed there under if CONTRACTOR (i) is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or CONTRACTOR or a third party files a petition to take advantage of any debtors act or to reorganize under the bankruptcy or similar laws, or a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR's property on account of the CONTRACTOR’s insolvency, and CONTRACTOR or its successor in interest does not provide adequate assurance of future performance in accordance with the Contract Documents within ten (10) days of receipt of a written request by OWNER for such assurance; or (ii) admits in writing an inability to pay his debts generally as they become due; or (iii) fails or refuses to perform or prosecute the Work or any separate part or element thereof in accordance with the Contract Documents and with such diligence as will insure its completion within the Contract time, or CONTRACTOR fails to complete the Work within such Contract Time; or (iv) performs any Work which is rejected as Defective and fails or neglects to correct any such Work, or (v) fails to supply sufficient skilled workers or suitable materials or equipment; or (vi) fails to adhere to the original and any revised progress schedules established under the Contract Documents; or (vii) fails to make prompt payment to laborers, subcontractors and material suppliers; or (viii) abandons or suspends performance of any of the Work, or removes from the site materials or equipment reasonably required to perform and complete the Work, without OWNER's written consent, directive or approval; or (ix) disregards Laws or Regulations or similar requirements and orders of any public body having jurisdiction; or (x) disregards the authority of OWNER or ENGINEER, or (xi) otherwise violates in any material way any provisions or requirements of the Contract Documents. 14.3 Default Termination By OWNER. Upon occurrence of any of the events of default provided by Section 14.2, OWNER may, after giving CONTRACTOR and the Surety seven (7) days written notice, terminate the Agreement and CONTRACTOR's right to proceed there under, which termination shall become effective without further notice upon the expiration of such seven (7) day period, unless otherwise rescinded or modified by OWNER in writing. The following shall govern in the event of a default termination by OWNER as provided by this Section: G-49 14.3.1 OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and use or authorize third party contractors to use the same for completing or correcting the Work, 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. OWNER and completion contractors shall not be liable to CONTRACTOR for the cost or value of any such property used or incorporated in the course of such completion or correction; 14.3.2 OWNER may, by any means it may deem expedient and appropriate under the circumstances, complete and correct or contract with one or more separate contractors for completion and correction of the Work. OWNER shall not be required to accept the lowest price or the shortest duration proposed for such completion or corrective Work. In the event that OWNER takes Bids for completion or corrective Work, CONTRACTOR shall not be eligible for the award of any contracts resulting there from. 14.3.3 CONTRACTOR shall not be entitled to receive any further payment until all Work is completed and corrected and the total costs incurred by OWNER in respect of such completion and correction have been ascertained. 14.3.4 CONTRACT'OR and its surety shall be liable for liquidated damages for delayed completion of the Work as provided in the Contract Documents, based upon (i) the agreed dates for substantial and final completion as established by the contract(s) between OWNER and the completion contractors, or (ii) the actual dates of substantial and final completion, whichever occurs first; 14.3.5 If the unpaid balance of the Contract Price exceeds the sum of (i) liquidated damages (ii) the Completion Costs as herein defined, (iii) such other damages to which OWNER is entitled by reason of CONTRACTOR's breach or default under the Agreement or the termination thereof, and (iv) attorney fees incurred by OWNER incidental to the enforcement of any rights and remedies against CONTRACTOR and its Surety afforded by the Contract Documents, such excess will be paid to CONTRACTOR or Surety as appropriate. If such sum exceeds such unpaid balance, CONTRACTOR and its surety shall pay the difference to OWNER. 14.3.6 As used in this Section, the term “Completion Costs” shall mean any and all direct, indirect and consequential costs and expenses paid or incurred by OWNER for or incidental to completion of the Work or correction of previous Work performed by CONTRACTOR, whether by OWNER’s own forces or by one or more separate contractors engaged by OWNER for such purposes, and shall include but not be limited to all fees and charges of engineers, architects, consultants, attorneys and other professionals, plus court costs, arbitration and arbitrator fees and charges. G-50 14.3.7 Termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 14.3.8 If it is determined for any reason that CONTRACTOR was not in default, the termination shall be deemed a termination for convenience of the OWNER, whereupon the rights and obligations of the parties shall be determined and governed in accordance with Section 14.4. 14.4 Termination For Convenience. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement in whole or in part for its convenience. CONTRACTOR shall immediately discontinue Work and follow all other instructions of OWNER as stated in such notice, and shall take all other action as may be required or appropriate to minimize costs, damages and expenses in consequence of the termination. Furthermore, CONTRACTOR shall deliver to OWNER all survey notes, drawings, specifications and estimates completed or partially completed and these shall become the property of OWNER. CONTRACTOR shall not be entitled to payment on account of loss of anticipated profits or revenue or other economic loss associated with any terminated Work. Amounts payable to CONTRACTOR shall be limited to the following: 14.4.1 A portion of the Contract Price as fairly allocated to Work executed by CONTRACTOR in accordance with the Contract Documents prior to the effective date of termination; 14.4.2 Reasonable expenses sustained by CONTRACTOR 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, which shall not exceed the percentages established in Article 10; 14.4.3 Reasonable costs, losses and damages paid by CONTRACTOR in settlement of just claims under terminated contracts with Subcontractors, Suppliers and others. 14.5 CONTRACTOR Suspension of Work and Right To Terminate. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or OWNER substantially fails to perform or make payment to CONTRACTOR as prescribed by the Contract Documents, CONTRACTOR may, upon thirty (30) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. ARTICLE 15 - DISPUTE RESOLUTION 15.1 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of G-51 or relating to the Contract Documents or the breach thereof to mediation according to the provisions of Attachment A. 15.2 Agreement To Arbitrate. If agreed by OWNER and CONTRACTOR, any claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof, except those exempted claims and disputes described in Section 15.6, will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect subject to the limitations otherwise set forth in this Article. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article will be specifically enforceable under the prevailing law of any court having jurisdiction. 15.3 Claims Referred To ENGINEER. No demand for arbitration of any claim, dispute or other matter properly referred to ENGINEER initially for decision in accordance with Article 8 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision, or (b) the tenth (10th) day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty (30) days after the date on which ENGINEER has rendered a written decision in respect thereof; and the failure to demand arbitration within said thirty (30) day period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. 15.4 Demand For Arbitration; Objection. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty (30) day or ten (10) day period specified in Section 15.3 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 15.5 Consolidation and Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any other person or entity (including ENGINEER, ENGINEER's agents, employees or consultants) who is not a party to this Agreement unless: 15.5.1 The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; 15.5.2 Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and G-52 15.5.3 The written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this Section; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 15.6 Enforcement of Award. The award rendered by the arbitrators will be final, and shall be binding upon CONTRACTOR’s surety, whether or not such surety is joined therein, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. & 10, 11). ARTICLE 16 - MISCELLANEOUS 16.1 Giving Notice. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person or by facsimile telephone transmission (FAX) to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.2 Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall 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 shall be omitted from the computation. A “day” and a "calendar day” are defined as twenty-four hours measured from midnight to the next midnight. 16.3 Injury to Persons and Property. Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Section shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4 Cumulative Duties and Rights. 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 not to be construed in any way as a limitation of any rights and remedies available by Laws and Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Section shall 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. 16.5 Assignment. Except as provided for in Section 6.8, CONTRACTOR may not delegate his duty of performance or assign all or part of his obligations or rights under the Contract Documents without OWNER’s prior written consent. Subject to the restrictions G-53 of the preceding sentence, the Contract Documents are binding upon OWNER and CONTRACTOR, their successors or assigns. 16.6 Governing Law. The Contract Documents shall be interpreted in accord with and governed by the laws of the State of Indiana, except for the conflict of laws provisions thereof. If any provision of the Contract Documents is found to be in conflict with those laws, the remaining provisions of the Contract Documents shall remain in effect. OWNER and CONTRACTOR agree that any litigation associated with or arising from the Agreement shall be filed with a court of competent jurisdiction within the State of Indiana. 16.7 Indiana Department of Transportation Standard Specifications. All applicable portions of the Indiana Department of Transportation (INDOT) Standard Specifications shall apply to these Contract Documents to the extent not in conflict with the terms thereof. Where the words 'Standard Specifications' along with a reference consisting of a number or number and letter are used, they shall be construed as referring to the Indiana Department of Transportation Standard Specifications and the most recent supplemental specifications issued prior to Bid opening. 16.8 Salvage of Existing Equipment and Materials. Unless otherwise provided all existing equipment and materials as listed in the Technical Specifications, removed from existing facilities shall remain the property of OWNER. Such equipment and materials shall be stored on-site at locations identified by ENGINEER. All other existing equipment and materials removed from existing facilities shall be the property of CONTRACTOR and shall be removed from the site. 16.9 English Language Requirement. All submittals, including, but not limited to, all shop drawings, catalog cuts, manufacturers' recommendations, and assembly and maintenance instructions shall only be written in the English language. 16.10 Trade Practice. In the event of any inconsistencies between the requirements of the Contract Documents and normal practice in the trade, the requirements of the Contract Documents shall control. 16.11 Cross-References. Cross-references in the Contract Documents are not intended as complete lists of related requirements specified elsewhere. The absence of a cross- reference to another section of the Contract Documents should not be deemed or construed to indicate that such other section does not specify related requirements where the two sections, read together, indicate otherwise. 16.12 Accounting Records. CONTRACTOR shall maintain proper accounting records for the work to be performed under this Agreement and shall provide an accounting for all charges and expenditures as may be necessary for auditing purposes. All such records shall be subject to examination and inspection by OWNER representatives at reasonable hours. 16.13 Steel Products. In accordance with Indiana Code 5-16-8, if steel products are to be utilized or supplied in the performance of any contract or subcontract, only domestic steel G-54 products shall be used. Reference is hereby made to such statute for definitions applicable to this Section. OWNER may not authorize or make any payment to CONTRACTOR unless OWNER is satisfied that CONTRACTOR has fully complied with this provision. 16.14 Non-Discrimination. CONTRACTOR certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16- 6-1 for any person discriminated against. 16.15 Operating Instructions. CONTRACTOR, through qualified individuals, shall adequately instruct designated employees of the OWNER in the operation and care of all equipment installed hereunder, except for equipment that may be furnished by the OWNER. CONTRACTOR shall also furnish and deliver to ENGINEER within forty-five (45) days of the shop drawing approval date, five (5) complete sets for permanent files, identified in accordance with the section hereof headed “Working Drawings”, of instructions, technical bulletins and any other printed matter, such as diagrams, prints or drawings, containing full information required for the proper operation, maintenance and repair of the equipment installed and the ordering of spare parts, except for equipment that may be furnished by OWNER. 16.16 Operation and Maintenance Manual. CONTRACTOR shall prepare and submit to ENGINEER five (5) copies of an Operation and Maintenance (O&M) Manual for all equipment and associated control systems furnished and installed under this Contract, if applicable. When the Work reaches sixty-five (65) to seventy (70) percent completion CONTRACTOR shall submit to ENGINEER for approval two (2) copies of the manual with all specified material that is available at that time. The submittal shall accompany CONTRACTOR’s partial payment request for the specified completion. Within thirty (30) days after ENGINEER's approval of the two-copy submittal CONTRACTOR shall furnish to ENGINEER the five (5) copies of the manual. Appropriate space shall be left in the manual for material not available at the time of submittal. All missing material for the manual shall be submitted prior to the request for final payment. 16.16.1 Each copy of the manual shall be prepared and arranged as follows: 1. One copy of each manufacturer's operation, lubrication and maintenance instructions and spare parts list for all equipment and controls furnished. All equipment operating, lubrication and maintenance instructions and procedures and parts lists shall be furnished on 8 1/2 x 11 inch commercially printed or typed forms. Such forms shall include equipment name, serial number and other identifying references. G-55 2. List of electrical relay settings and control and alarm contact settings. 3. Electrical interconnection wiring diagram for equipment furnished including all control and lighting systems. 16.16.2 Each copy of the manual shall be assembled in one or more binders, each with the title page, typed table of contents, and heavy section dividers with copper reinforced holes and numbered plastic index tabs. Each manual shall be divided into sections paralleling the “Workmanship and Materials” equipment specifications. Binders shall be 3-ring, hard-back Type No. S-43772 as manufactured by Marshall-Jackson Co, Chicago, Illinois, or equal. All loose data shall be punched for binding and composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each manual shall have the project title and manual title printed thereon, all as furnished and approved by ENGINEER. 16.16.3 All operating and maintenance material that comes bound by the equipment manufacturer shall be left that way. The appropriate sections of CONTRACTOR's O&M Manual shall cross-reference the manufacturers bound manual. 16.16.4 Where more than one (1) binder is required they shall be labeled Vol. 1, Vol. 2, and so on. The table of contents for the entire set, identified by volume number, shall appear in each binder. 16.16.5 The five (5) copies of the manuals and data included therein shall be provided in conformance with the subsection headed "Working Drawings" and, in addition, to the requirements of the Technical Specifications Workmanship and Materials Section. The costs of the Operation and Maintenance Manual shall be included in the lump sum Contract Price and no separate payment will be made therefore. The Operation and Maintenance Manual shall be included as a separate item in CONTRACTOR's schedule of values. 16.17 Service of Manufacturer’s Representatives. The Contract Price shall include the costs of furnishing competent and experienced engineers, superintendents or other technically qualified representatives who shall represent equipment manufacturers and shall assist CONTRACTOR, when required, to install, adjust, test and place in operation equipment in conformity with the Contract Documents. When equipment is ready for permanent operation, such engineers, superintendents or representatives shall make all adjustments and tests required by ENGINEER to prove that such equipment is in proper and satisfactory operating condition, and shall instruct such personnel as may be designated by OWNER in the proper operation and maintenance of such equipment. 16.18 Water. CONTRACTOR shall provide, at its expense, the necessary water supply for CONTRACTOR's activities, and shall, if necessary, provide and lay necessary water lines from existing mains to the place where such water service is required, and shall G-56 secure all necessary permits and pay for all hookups, meters and taps to water mains or hydrants and for all water used at the established rates. 16.19 Light and Power. CONTRACTOR shall provide, at its own expense, temporary lighting and power facilities required for the proper prosecution and inspection of the Work, unless specified otherwise. CONTRACTOR shall meter and pay for CONTRACTOR’s share of all power utilized. 16.20 CONTRACTOR’s Field Office. CONTRACTOR shall erect, furnish and maintain a field office with a telephone at the site during the entire period of construction. He or an authorized agent shall be present at this office at all times while his work is in progress. Readily accessible copies of both the Contract Documents and the latest approved Working Drawings shall be kept at this field office. 16.21 Prevention, Control and Abatement of Erosion and Water Pollution. CONTRACTOR shall be responsible for prevention, control and abatement of erosion, siltation and water pollution resulting from construction of the project until Final Acceptance of the project. 16.21.1 CONTRACTOR shall provide, install, construct and maintain coverings, mulching, sodding, sand bagging, berms, slope drains, sedimentation structures or other devices necessary to meet OWNER, State and Federal regulatory agency codes, rules and laws. 16.21.2 CONTRACTOR shall take sufficient precautions to prevent pollution of adjacent rivers and streams with fuels, oils, bitumens, or other harmful materials. Also, CONTRACTOR shall conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of the waters. 16.21.3 Storm drainage facilities, both open and closed conduit, serving the construction site shall be protected by the CONTRACTOR from pollutants and contaminants. If it is determined that siltation of drainage facilities has resulted due to the project, ENGINEER will advise CONTRACTOR to remove and properly dispose of the deposited material. Should CONTRACTOR fail to or elect not to remove the deposits, OWNER will provide maintenance cleaning as needed and will charge all costs of such service against the amount of money due or to become due CONTRACTOR. 16.21.4 Excavated material shall not be deposited in streams, ditches or impoundments, or in a position close enough thereto to be washed away by high water or runoff. 16.21.5 CONTRACTOR shall not disturb lands or waters outside the limits of construction and public rights of way. The location of and methods of operation in all detention areas, borrow pits, material supply pits and disposal areas furnished by CONTRACTOR shall meet the approval of ENGINEER as being such that erosion during and after completion of the Work will not likely result in detrimental siltation or water pollution. G-57 16.21.6 CONTRACTOR shall schedule operations such that the area of unprotected erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations; and the duration of exposure of uncompleted construction to the elements shall be as short as practicable. 16.21.7 Clearing and grubbing shall be so scheduled and performed that grading operations can follow immediately thereafter, and grading operations shall be so scheduled and performed that permanent erosion control features can follow immediately thereafter if conditions on the project permit. 16.21.8 The surface areas of unprotected erodible earth exposed by clearing and grubbing, excavation or filling operations shall be kept to a minimum. Immediate erosion or pollution control measures to prevent siltation or contamination of any stream, ditch or other impoundment or to prevent damage to the project or property outside the project limits shall be provided when necessary. 16.22 Air Borne Particulate. CONTRACTOR shall comply with Indianapolis Air Pollution Regulation II-4, which is hereby incorporated into this Section by reference. A copy of such regulation will be furnished to CONTRACTOR upon request. 16.23 Professional Fees and Court Costs Included. Whenever reference is made to claims, costs, losses or damages recoverable by OWNER against CONTRACTOR or its surety, such recovery shall include, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. END OF THIS SECTION G-58 “ATTACHMENT A” MEDIATION PROCESS 1. Purpose of Mediation. This clause provides for the use of Mediation as an alternative means of resolving disputes, which may arise under this Agreement. The Mediation allows parties to make an educated assessment of their respective cases, and then engage in a negotiated settlement discussion. Such a procedure can save both parties valuable time resources, and legal costs. Should a Mediation be utilized a Mediation Agreement shall be drafted and adopted which will set forth the governing procedures and terms. 2. When to Invoke Mediation. If a dispute arises under the Agreement, either party may invoke this Mediation clause, which will compel participation in Mediation for the purpose of resolving the dispute, provided all of the following conditions have been fulfilled: a. The amount in controversy exceeds twenty thousand dollars ($20,000.00), such amount having been determined by both parties as being the minimum disputed claim to justify use of the Mediation procedure; b. Personnel from each party who were directly involved in the dispute at the operational level met and discussed the claim in good faith, but were unable to resolve the matter. The personnel of each party shall prepare and forward to the persons identified in the subparagraph 2(c) memoranda detailing the areas of dispute, why impasse was reached and that it is beyond their ability to resolve the dispute. c. After complying with subparagraph (b) above, personnel from each party at a higher management level who were not directly involved in the dispute met and discussed the claim in good faith, but were unable to resolve the matter. The personnel of each party shall prepare and forward to the persons identified in paragraph 3 a memorandum detailing the areas of dispute, why impasse was reached and that it is beyond their ability to resolve the dispute; and d. Written notice was given to the other party stating that the above three subparagraphs were complied with, and that the Mediation procedure is being invoked for the purpose of resolving the dispute. 3. Notice of Mediation. Notice of Mediation shall identify the dispute at issue and designate an executive officer or other management official who will represent the party at the proceeding. The designated official must possess the authority to settle the matter and have not been involved in the underlying facts in dispute. 4. Response to Notice of Mediation. Within ten (10) business days, the other party shall designate an appropriate official with authority to settle the dispute who will be its representative at the Mediation. G-59 5. Scheduling. No later than thirty (30) days from the date of the notice of the Mediation, the parties' designated representatives and/or their attorneys shall meet to discuss the following: a. Settlement status of the dispute; b. Schedule by which drafts of a Mediation Agreement are to be submitted, and a date by which the Mediation Agreement will be finalized; c. Schedule for Mediation discovery and other preparatory matters the parties deem necessary; d. Whether a neutral advisor shall be employed in the Mediation and, if so, by what means he shall be selected; and e. Time, place and schedule of the Mediation hearing. The Mediation Agreement will be finalized and executed by both parties no later than sixty (60) days after the notice of the Mediation. The Mediation hearing will be held within 120 days after the notice of the Mediation unless extended by mutual consent of the parties. 6. Mediation As Condition Precedent To Arbitration or Litigation. Submission of a dispute under this Agreement to a Mediation procedure shall be a condition precedent to filing arbitration or litigation on any dispute exceeding the amount specified above. Failure to comply with this condition precedent shall be in contravention of the parties' express intention to implement this alternative means of dispute resolution and constitute a breach of this clause. 7. Refusal To Participate In Mediation. Refusal of a party to participate in mediation in good faith shall not be established unless: a. All of the specified conditions set forth in paragraph 2 herein have been fulfilled; and b. 30 days have lapsed since initial written notice of the Mediation was given without an affirmative response. c. Refusal to participate in the Mediation shall be in contravention of the parties' express intention to implement this alternative means of dispute resolution and constitutes a breach of this clause. 8. Filing Arbitration or Litigation. No litigation or arbitration or any other binding action shall be initiated by either party unless: a. The amount in controversy is less than or equal to the amount specified paragraph 2 above; or G-60 b. Despite compliance with this Mediation clause, one party is deemed to have refused (paragraph 7 above) to participate in the Mediation; or c. Both parties agree in writing that they intend not to implement the Mediation for the particular dispute in question; or d. The Mediation procedure has been completed and thirty (30) days have elapsed since the actual Mediation hearing; or e. Litigation must be filed before the Mediation to comply with the Statute of Limitations on a disputed issue. 9. Dismissal/Stay Of Litigation. If one party has filed litigation on a dispute which is otherwise covered by this Mediation clause and which does not meet the exceptions set forth in paragraph 8 herein, the other party may properly seek to dismiss the litigation at its discretion for the purpose of conducting the Mediation as a condition precedent to litigation. If litigation was filed for the purpose set forth in subparagraph 8(e) herein, the filing party shall seek a stay for the purpose of conducting a Mediation. The stay provided for in this Paragraph shall continue for a period of 30 days after completion of the Mediation hearing. The purpose of this 30-day period is to permit the parties full opportunity to discuss settlement. AR-1 ADDITIONAL REQUIREMENTS Following are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Procedure for the development, submittal and processing of these forms will be discussed during the pre-construction conference. AR-2 CITY OF CARMEL OWNER: CITY OF CARMEL FIELD ORDER NUMBER DATE: PROJECT NAME: PROJECT NO: You are hereby directed to execute promptly this Field Order, which interprets the Contract Documents or orders minor changes in the Work without change in Contract Price or Contract Time. If you consider that a change in Contract Price or Contract Time is required, please submit your itemized proposal to the ENGINEER immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be superseded by a Change Order. __________________________________________________________________ Description: Attachments: __________________________________________________________________ ENGINEER: Approved By: _______________________________________ Owners Representative Date: ___________________________________ AR-3 CITY OF CARMEL TO: WORK DIRECTIVE CHANGE NO.______________ DATE: ______________________________________ PROJECT NAME:_____________________________ PROJECT NO.: _______________________________ Specification Reference Drawing Reference: DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CHANGE: REASON FOR THIS ORDER: AUTHORIZATION: THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS OUTLINED. A Contract Change Order in the amount of $______________ will be issued to you in the near future to cover this Work Directive Change. PROJECT COMPLETION DATE: ADD/DEDUCT/UNCHANGED ___________ DAYS. By:_______________________________ Approved By: Owner’s Representative CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY By:__________________________ James Brainard, Mayor By:__________________________ Mary Ann Burke, Member By:__________________________ Lori Watson, Member DATE:_________________________ ATTEST: ____________________________ Date: ____________________________ Christine S. Pauley, Clerk-Treasurer AR-4 CITY OF CARMEL TO: REQUEST FOR PROPOSAL NO DATE: PROJECT NAME: PROJECT NO.: Specification Reference: Drawing Reference: _____________ Drawing Date: ____________ Identification of Attachments: Please submit within fifteen (15) calendar days of this request date a proposal showing increase, decrease or no change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any. DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST: REASON FOR CHANGE: SPECIAL INSTRUCTIONS: THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will be issued. Please state in your proposal the effect the acceptance of this Request will have on the Project’s Substantial Completion and Final Completion, if accepted within ___ days of proposal due date. YOUR PROPOSAL DUE DATE: _____________________________________ By: _____________________________________ _________________ Engineer Date Approved By: _________________________________ Owners Representative AR-5 CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: DATE: PROJECT NAME: FROM: IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) __________________________________________________________ __________________________________________________________ 2. REASON FOR CHANGE: _____________________________________________________________ _____________________________________________________________ 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: _____________________ 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO _____ -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO IF NO, TRADE(S): _____________________________________ NO. OF PERSONNEL: _________________________________ DURATION: ______________________________________ 6. IDENTIFICATION OF ATTACHMENTS: ___________________________________________________________ ___________________________________________________________ DATE: _______________________ DATE: ________________________ PREPARED REVIEWED BY:____________ REVIEWED BY:____________________________ ENGINEER Comments and Recommendation: ____________________________________________________________________ ____________________________________________________________________ AR-6 CITY OF CARMEL TO: CONTRACT CHANGE ORDER NO.: DATE: PROJECT NAME: CITY REQ. NO.: CITY PO NO.: CITY PO DATE: _ ____________________________________________________________________ I. You are directed to make the following changes in this Contract: (Brief Description) SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR (-) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: ________ W.D.C. No.: _______ Other:_____________________________________________________________________ The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $_______________________ Contract Price will be increased/decreased by this Change Order $_______________________ New Contract Price including this Change Order $_______________________ Contract Time Prior to this Change Order ______ Days _______ Completion Date Net increased/decreased resulting from this Change Order_____ Days Current Contract Time including this Change Order_____ Days _______ Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are Recommended The Above Changes Are Accepted: Approved: ENGINEER CONTRACTOR James Brainard, Mayor Address Address Mary Ann Burke, Member City/State/Zip City/State/Zip Lori Watson, Member By: _____________________ By: _____________________ ATTEST: Phone:__________________ Phone:__________________ Christine S. Pauley, Clerk- Treasurer Date:___________________ Date:___________________ Date: _________________ TS-1 TECHNICAL SPECIFICATIONS TS 1 GOVERNING DOCUMENTS The applicable sections of the following documents shall apply except as modified elsewhere herein: 1) Indiana Department of Transportation (INDOT) Standard Drawings and Standard Specifications – 2014. 2) INDOT Supplemental Specifications 3) City of Carmel - Standards for Construction of Required Improvements Unless otherwise specified within the Contract Documents, whenever any specification, standard, reference material, manual or other similar document is incorporated by reference into any of the contract documents, it shall be deemed to be the latest edition of said item including any and all supplemental addendum, which was in effect on the date of the bid opening for this project. TS 2 COMPLETION DATES AND LIQUIDATED DAMAGES Final Project Completion: Ninety (90) calendar days from the issuance of the Notice to Proceed. It is anticipated that the Notice to Proceed for the project will be issued on, or before, April 20, 2016 May 4, 2016. Construction and or material ordering can begin immediately after the Notice to Proceed has been issued. All road closures must meet the requirements of TS 15. Liquidated damages of $1000.00 per calendar day will be charged for failure to complete all Project 16-02 contract work within the contract time. Additional liquidated damages of $1000.00 per calendar day will be charged for failure to complete any Project 16-02 road closures within the road closure times indicated in the Contract Documents. TS 3 PROJECT PHASING The CONTRACTOR shall complete work in accordance with the following Phasing Plan, and as indicated in the Project 16-02 Contract Documents: PHASE I: Installation of all work associated with the connection to the Monon Sewer, underground detention system, outlet structure (Str. #55), stubs into the underground detention system, and the diversion structure (Str. #53A and 53B) and all work associated with the existing building demolition including building demolition sidewalk, steps, railings, walls, foundations, as. DURATION = 20 days TS-2 PHASE II: Installation of all work associated with the sanitary sewer system, the Stormwater Quality Unit (Str. #54), and all storm sewer from Str. #46 to Str. #53. DURATION = 20 days PHASE III: Installation of all remaining work and final restoration/clean-up per Project #16-02 Contract Documents. DURATION = 50 days TS 4 HOLIDAYS WHEN WORK IS NOT PERMITTED The CONTRACTOR may not perform work on the following days: Sundays (unless otherwise approved by City Engineer) New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day TS 5 WORK SCHEDULE SUBMITTAL The CONTRACTOR shall provide a critical path work schedule for the entire project with the Post-Bid documents. This schedule shall be submitted to and approved by the ENGINEER prior to the start of construction and shall be updated as necessary. No work will be allowed until this schedule is submitted and approved; however, the CONTRACTOR will not be granted any time extension due to this delay. TS 6 CONSTRUCTION WORK HOURS The CONTRACTOR shall perform all construction activities between the hours of 7:00 am and 7:00 pm unless receiving prior approval from the ENGINEER. TS 7 COOPERATION WITH UTILITIES It shall be the CONTRACTOR’S responsibility to have all utilities located before construction in a particular area. The CONTRACTOR shall coordinate with all utilities in the adjustment of these facilities and in order to avoid damage to any facilities. Damage to any of the existing public utility facilities during the project caused by the CONTRACTOR'S operations or equipment, shall be repaired by the CONTRACTOR at no expense to the Contract. This includes sewer, water, gas, electric, telephone, cable, etc. and includes facilities within proposed storm sewer trenches. However, if any utilities are exposed and must be relocated for construction to continue, this work shall be performed by the utility, or the CONTRACTOR shall be reimbursed at an agreed upon price to perform such work. If the utility performs the work, the CONTRACTOR shall coordinate with the utility in order to expedite said work. TS-3 The facilities of City of Carmel Water and Wastewater Utility exist within the project limits. The utility shall be contacted regarding any necessary adjustments that are not identified in the technical specifications or plans. If questions arise, John Duffy of the utility may be contacted at (317)-571-2443 The facilities of City of Carmel Street Department exist within the project limits. The utility shall be contacted regarding any necessary adjustments that are not identified in the technical specifications or plans. If questions arise, Dave Huffman of the Street Department may be contacted at (317)-733-2001. The facilities of Vectren Energy Delivery exist within the project limits. If questions arise, Joanie Clark of the utility may be contacted at (317) 776-5532. The facilities of Brighthouse Network exist within the project limits. If questions arise, Joe Burton of the utility may be contacted at (317)-339-9075. The facilities of AT&T exist within the project limits. If questions arise, Jake Greenwald of the utility may be contacted at (317) 610-5428. The facilities of Duke Energy exist within the project limits. If questions arise, Trent Godsey of the utility may be contacted at (317) 896-6711. TS 8 WEEKLY PAYROLL OR OTHER REQUIRED REPORTS Weekly payrolls and specified EEO forms shall be submitted to the ENGINEER prior to the processing of the progress estimates. Should the specified forms and/or reports not be provided, the ENGINEER may withhold progress payments until such time as the specified materials are submitted. TS 9 LIMITATIONS OF OPERATIONS When in the judgment of the OWNER, the CONTRACTOR has obstructed or closed a greater portion of the work than is necessary for proper construction, or is carrying on operations to the prejudice of the work already started, the OWNER may require the CONTRACTOR to finish that portion of the work which is in progress before any additional portions are started. Work shall be conducted with minimum inconvenience to traffic. Except as hereafter specified, no loads of material for any construction shall be dispatched from cars or plants so late in the day that it cannot be placed, finished and protected within the Specification limits and provisions in the daylight hours of that same day. TS-4 TS 10 EROSION CONTROL SUBMITTAL Prior to commencing work, the Contractor shall prepare and submit to the Engineer for approval an erosion control plan that includes, at a minimum, the following items: 1. Locations of all proposed soil stockpiles, borrow areas, or disposal areas. 2. Locations of all proposed vehicle and equipment parking areas, vehicle and equipment fueling locations, placement of the site construction trailers, location of all on-site batch plants, and designated concrete truck washout areas. 3. Proposed construction sequence and phasing of erosion control measures. 4. Location of all construction entrances where vehicles and equipment will enter and exit the site. 5. Material handling and spill prevention plan, which shall include a list of expected materials that may be present on the site during construction operations, as well as a written description of how these materials will be handled to minimize the potential that the materials may enter storm water runoff from the site. 6. Statement that the erosion control measures for the project will be inspected, at a minimum, on a weekly basis and within 24 hours of every ½ inch rain event. The Engineer will submit the Erosion Control Plan to: John South, District Manager Hamilton County SWCD 1108 South 9th Street Noblesville IN 46060-3745 317-773-2181 ext. 101 Ground disturbing activities shall not commence until the Hamilton County Soil and Water Conservation District (SWCD) has reviewed and approved the Erosion Control Plan. Method of Measurement. This work will not be measured for payment. Basis of Payment. This item includes all costs required to prepare the Erosion Control Plan as described. Preparation of the Erosion Control Plan will not be paid for directly, but such cost shall be included in the cost of the other pay items. Temporary erosion control measures will be paid for with the pay items included in the itemized bid. No direct payment will be made for notifications or preparation of amendments to the SWPPP, but such cost shall be included in the cost of other pay items. TS 11 ADDITIONAL MATERIAL HANDLING AND SPILL PREVENTION PLAN A. Purpose The purpose of this plan is two fold: 1. To help protect the health and safety of those working on the site as well as the environment. 2. Preventing the contamination of storm water runoff. Pollutants generated onsite may include gasoline, diesel fuel, oils, grease, paints, pesticides, nutrients, concrete washout, soil, solvents, paper, plastic, Styrofoam, metals, glass and other forms of liquid or solid wastes. This plan outlines procedures to help prevent health and safety issues, contamination of storm water by onsite pollutants, TS-5 help prevent fuel and chemical spills and provide a response procedure should a spill occur. B. Prevention and Readiness 1. The contractor or responsible party will prepare a contact list in the event of a spill on the site. The contact list will have names and contact numbers. The contact list will specify first responders and a chain of command. Include information on what circumstances require the initiation of the contact list and chain of command. 2. The contractor/owner shall maintain a list of qualified contractors, Vac-trucks, tank pumpers and other equipment or businesses qualified to do clean-up operations. Absorbent materials and supplies need to be available onsite in sufficient quantities to address minor spills. All employees need to be educated on the proper application of the absorbent materials. 3. All maintenance and equipment operators must be aware and trained for prevention of spills. A continuing education program is required for new employees and emphasizing the importance to all employees. 4. All materials used in the course of a cleanup will be disposed in a manor approved by Indiana Department of Environmental Management. 5. Using water to flush spilled material will not be permitted unless authorized by a state, federal, or local agency. Tarps can be used to cover spilled material during rain events. C. Spill Response Minor – Small spills that typically involve oil gasoline, paint, hydraulic fluid etc. Minor spills can be controlled by the first responder at the discovery of the spill. Contain spill to prevent material from entering storm or ground water. Do not flush with water or bury. Use absorbent material to clean-up spill material and any subsequently contaminated soil and dispose of properly. Semi-significant Spills – Approximately ten gallons or less of pollutant with no contamination of ground or surface waters. Minor spills can be generally controlled by the first responder with help from other site personnel. This response may require other operations to stop to make sure the spill is quickly and safely addressed. At the discovery of the spill: Contain spill to prevent material from entering storm or ground water. Do not flush with water or bury. Use absorbent material to clean-up spills and dispose of properly. Spills on impervious surfaces should be contained with a dry absorbent. Spills on clayey soils should be contained by constructing an earthen dike and should be disposed of as soon as possible to prevent migration deeper into the soil and groundwater. Dispose of contaminated soils or absorbents properly. Contact 911 if this spill could be a safety issue. Contact supervisors and designated inspectors immediately Contaminated solids to be removed to an approved landfill. Major or Hazardous Spills – More than ten gallons, there is the potential for death, injury or illness to humans or animals or has the potential for surface or groundwater pollution. TS-6 Control or contain the spill without risking bodily harm. Temporarily plug storm drains if possible to prevent migration of the spill into the stormwater system. Immediately contact the local Fire Department at 911 to report any hazard material spill. Contact supervisors and designated inspectors immediately. Other county or municipal officials (list as needed) responsible for storm water facilities should be contacted as well. The contractor is responsible for having these contact numbers available at the job site. A written report should be submitted to the owner as soon as possible. As soon as possible but within 2 hours of discovery, contact the Department of Environmental Management, Office of Emergency Response 1-888-233-7745. The following information should be noted for future reports to IDEM or the National Response Center. o Name, address and phone number of person making the spill report o The location of the spill o The time of the spill o Identification of the spilled substance o Approximate quantity of the substance that has been spilled or may be further spilled o The duration and source of the spill o Name and location of the damaged waters o Name of spill response organization o What measures were taken in the spill response o Other information that may be significant Additional regulation or requirements may be present. A spill response professional should be consulted to make sure all appropriate and required steps have been taken. Contaminated solids should only be removed from the site after approval is given by Emergency Response. D. The following procedures and practices will help prevent unnecessary spills I. Vehicle and Equipment Fueling Description and Purpose: Vehicle equipment fueling procedures and practices are designed to prevent fuel spills and leaks, and reduce or eliminate contamination of stormwater. This can be accomplished by using offsite facilities, fueling in designated areas only, enclosing or covering stored fuel, implementing spill controls, and training employees and subcontractors in proper fueling procedures. Limitations: Onsite vehicle and equipment fueling should only be used where it is impractical to send vehicles and equipment offsite for fueling. TS-7 Implementation: Use offsite fueling stations as much as possible. These businesses are better equipped to handle fuel and spills properly. Performing this work offsite can also be economical by eliminating the need for a separate fueling area at a site. Discourage “topping-off” of fuel tanks. Absorbent spill cleanup materials and spill kits should be available in fueling areas and on fueling trucks, and should be disposed of properly after use. Drip pans or absorbent pads should be used during vehicle and equipment fueling, unless the fueling is performed over an impermeable surface in a dedicated fueling area. Use absorbent materials on small spills. Do not hose down or bury the spill. Remove the absorbent materials promptly and dispose of properly. Avoid mobile fueling of mobile construction equipment around the site; rather, transport the equipment to designated fueling areas. Train employees and subcontractors in proper fueling and cleanup procedures. Dedicated fueling areas should be protected from stormwater run-on and runoff, and should be located at least 50 feet away from the downstream drainage facilities and watercourses. Fueling must be performed on level-grade areas. Protect fueling areas with berms and dikes to prevent run-on, runoff, and to contain spills. Nozzles used in vehicle and equipment fueling should be equipped with an automatic shutoff to control drips. Fueling operations should not be left unattended. Federal, state, and local requirements should be observed for any stationary above ground storage tanks. Inspection and Maintenance Vehicles and equipment should be inspected each day of use for leaks. Leaks should be repaired immediately or problem vehicles or equipment should be removed from the project site. Keep ample supplies of spill cleanup materials onsite. Immediately clean up spills and properly dispose of contaminated soils. II. Solid Waste Management Description of Purpose: Solid waste management procedures and practices are designed to prevent or reduce the discharge of pollutants to stormwater from solid or construction waste by providing designated waste collection areas and containers, arranging for regular disposal, and training employees and subcontractors. Suitable Applications: This BMP is suitable for construction sites where the following wastes are generated or stored: TS-8 Solid waste generated from trees and shrubs removed during land clearing, demolition of existing structures (rubble), and building construction. Packaging materials including wood, paper, and plastic. Scrap or surplus building materials including scrap metals, rubber, plastic, glass pieces, and masonry products. Domestic wastes including food containers such as beverage cans, coffee cups, paper bags, plastic wrappers, and cigarettes, Construction waste including brick, mortar, timber, steel and metal scraps, pipe and electrical cuttings, non-hazardous equipment parts. Styrofoam and other materials send transport and package construction materials. Implementation: The following steps will help keep a clean site and reduce stormwater pollution: Select designated waste collection areas onsite. Inform trash-hauling contractors that you will accept only watertight dumpsters for onsite use. Inspect dumpsters for leaks and repair any dumpster that is not watertight. Provide an adequate number of containers with lids or covers that can be placed over the container to keep rain out or to prevent loss of wastes when it is windy. Plan for additional containers and more frequent pickup during the demolition phase of construction. Collect site trash daily, especially during rainy and windy conditions. Remove this solid waste promptly since erosion and sediment control devices tend to collect litter. Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acid, pesticides, additives, curing compounds) are not disposed of in dumpsters designed for construction debris. Do not hose out dumpsters on the construction site. Leave dumpster cleaning to the trash hauling contractor. Arrange for regular waste collection before containers overflow. Clean up immediately if a container does spill. Make sure that construction waste is collected, removed, and disposed of only at authorized disposal areas. Solid waste storage areas should be located in areas prone to flooding or ponding. Locate solid waste dumpster a minimum of 50’ away from storm water inlets or other drainage facilities. Locate dumpster on stone or earth to minimize the potential for spills or leaks to drain immediately into a drainage facility. Inspection and Maintenance: Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect weekly to verify continued BMP implementation. TS-9 Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges occur. Inspect construction waste are regularly. Arrange for regular waste collection. III. Concrete Washout The following steps will help reduce stormwater pollution from concrete wastes: Discuss the concrete management techniques described in the BMP (such as handling of concrete waste and washout) with the reddy-mix concrete supplier before any deliveries are made. Incorporate requirements for concrete waste management into material supplier and subcontractors’ agreements. Store dry and wet materials under cover, away from drainage areas. Avoid mixing excess amounts of fresh concrete. Perform washout of concrete trucks offsite or in designed areas only. Do not wash concrete trucks into storm drains open ditches, streets, or streams. Do no allow excess concrete to be dumped onsite, except in designed areas. For onsite washout: Locate washout areas at least 50 feet from storm drains, open ditches, or water bodies. Do not allow runoff from this area by constructing a temporary pit or bermed area large enough for liquid and solid waste. Wash out wastes into the temporary pit where the concrete can set, be broken up, and then disposed properly. Avoid creating runoff by drinking water to a bermed or level area when washing concrete to remove fine particles and expose the aggregate. Do not wash sweepings form exposed aggregate concrete into the street or storm drain. Collect and return sweepings to aggregate base stockpile or dispose in the trash. IV. Vehicle Maintenance Areas Purpose- To prevent spills during the normal maintenance of construction machinery. Implementation- Where and when feasible, maintenance shall be preformed offsite in covered facility with an impervious floor. Use a dedicated site for machinery maintenance Site the maintenance area at least 50 feet from storm water inlets or water bodies Maintain clean up materials close at hand. Utilize drip pans and absorbent pads to prevent oils from reaching the soil surface. Inspect equipment daily for leaks or worn hoses. Repair or replace to prevent onsite spills Properly dispose of all fluids removed or spilled from machinery. TS-10 V. Fluids, paints, solvents and other chemicals storage and use Purpose- To prevent spills during the use and storage of the materials Implementation- Store materials in there original containers Maintain safety data sheets on all products Store materials in a weather proof/vandal resistant locker or building Keep materials away from flammable sources Provide and read instructions for the proper use and storage of all materials For bulk material stored onsite, provide diking or double containment in case of leaks or failures. No washout of solvent from paint supplies should be done near or into a storm water inlet or other drainage facility. VI. Disposal of sediment laden water Purpose- To prevent the purposeful discharge of sediment laden water into waters of the United States. Implementation- The sediment and any other pollutant from all pumping or dewatering operations that discharge into storm sewers, wetlands, drainage ways or water bodies must be removed from the water before it’s discharged. A suitable practice is needed at the discharge to allow the suspended solids to be removed from the water column. Slow moving water and time are needed components for an effective practice. Mechanical filters and chemical flocculants can do an excellent job of removing the fine materials. Sediment removal pumping bags may be used at the outlet of a pump. The bags must be sized appropriately for the amount of flow. The practice needs to be installed on erosion resistant surfaces. The outlet of the pumping bag must be erosion resistant to prevent additional sedimentation. Pumping operations that are moving clean water through a site are not required to have a pumping bag or similar device at the outlet. The point of discharge should be protected to prevent soil erosion. TS 12 EXISTING CONDITIONS The CONTRACTOR shall verify the elevations and measurements of all points where new construction is to match existing conditions prior to the commencement of any construction activities. No direct payment shall be made for this work but the cost thereof shall be included in the costs of the other items of the contract. TS 13 PROTECTION OF EXISTING STRUCTURES, PIPE, AND YARD TILE On this project there are existing storm drainage and sanitary sewer structures that are to remain in place. The CONTRACTOR shall take care that these structures are not TS-11 damaged. If any of these structures are damaged, the CONTRACTOR shall be required to repair them at his own expense. Yard tile encountered and affected by the scope of work specified within the Contract Documents shall be given a positive outlet. Any tile damaged by the CONTRACTOR's operations shall be replaced by the CONTRACTOR at his own expense. TS 14 RIGHT-OF-WAY CLEARING Clearing Right-of-Way shall be in accordance with the requirements of Section 201. Cavities formed by the removal of shrubs, trees and/or stumps and located outside of proposed pavement areas shall be backfilled and compacted with approved material. Such compaction shall comply with Section 211.04. The top six (6) inches of the backfilled area shall be topsoil in accordance with TS 23. The cost of tree and stump removal, landscape and fence removal, and all other removals required to install the proposed improvements, and any other items within the right-of- way that are not paid for in other pay items, or as directed by the ENGINEER, will not be paid for directly, but shall be included in the lump sum price for Clearing Right-of-Way. The cost of all existing street pavement removal, asphalt driveway and parking lot removal, concrete drive removal, and gravel drive removal will not be paid for directly, but shall be included in the cost of other items. The cost of all required pipe removal, storm and sanitary, and all storm structures necessary for the installation of the proposed improvements and as indicated on the plan, or at the direction of the ENGINEER, will not be paid for directly, but shall be included in the cost of other items. The cost of all required pavement removal, casting removal and concrete barrel/section removal required for the capping and filling of structures and pipes as indicated on the plans, or at the direction of the ENGINEER, will not be paid for directly, but shall be included in the cost of other items. All landscaping features, blocks, bricks, decorative stones, bird baths, statues, decorations, potted plants, etc. are to be salvaged per the homeowner’s direction in order to be reset by the homeowner. The CONTRACTOR shall coordinate with the homeowner on which items are to be salvaged prior to removal of the landscaped areas. TS 15 MAINTAINING TRAFFIC Maintenance of traffic shall be the sole responsibility of the CONTRACTOR. Access and traffic to all businesses, residences, for all postal deliveries and all emergency traffic such as police, fire, medical, etc. within the project limits, shall be maintained at all times. Unless otherwise directed, or permitted, the work specified shall be arranged and prosecuted in accordance with all applicable provisions of Sections 104.04, 107, 801 and as set out in INDOT Standard Specifications. TS-12 The names and telephone numbers of the CONTRACTOR'S superintendent and one other responsible employee shall be furnished at the pre-construction conference. These employees shall be on call and available at nights, weekends, or during other non- working periods to repair or replace all traffic control devices, which may become damaged or inoperative. In the event the CONTRACTOR desires not to perform traffic maintenance in accordance with the sequence of operations as called for within the Contract Documents, CONTRACTOR shall submit his alternate plan in writing to the ENGINEER and obtain acceptance at least 1 week prior to the commencement of any construction activities. There will be two road closures required for this project. One of the road closures will be a full closure on 3rd / 4th Avenue SW from Industrial Drive to 2nd Street SW, which will be Phase II of the project (refer to TS-3 Project Phasing) for the sanitary sewer relocation and a portion of the storm sewer installation. The other will be a road closure to thru- traffic on Emerson Road from Sherman Drive to 4th Ave. SW, on York Drive and on Park Lane, which will be Phase III of the project. There will also be a temporary closure to the Monon Trail for this project. This closure will be Phase I of the project (refer to the TS-3 Project Phasing) for the storm sewer installation and connection to the Monon Storm Sewer. Coordination shall be completed with the OWNER and ENGINEER prior to any disturbance to the Monon Trail to determine if any detours, construction signage, or temporary trail pavement will be necessary. The cost of all work associated with advance notification signage, construction and detour signage, and any temporary pavement or other maintenance of traffic measures necessary to maintain access to the Monon Trail throughout the entirety of the project will not be paid for directly, but shall be included in the lump sum cost of Maintenance of Traffic. There will also be a temporary Monon Trail bypass installed to maintain Monon Trail connectivity during Phase I of the project (refer to the TS-3 Project phasing) for the storm sewer installation and connection to the Monon Sewer. This work shall include placing and maintaining temporary barrels, barricades, advance notification signage, or other maintenance of traffic measures necessary to maintain access to the Monon Trail through the entirety of the project. The cost for this work will not be paid for directly, but shall be included in the lump sum cost of Maintenance of Traffic. The required street closures for the project shall in accordance with the Construction Plans and Project 16-02 Contract Documents. The CONTRACTOR shall post an advance closure construction sign that notifies the traveling public of a road closure and the duration of the closure at least 14 days in advance of the road closure, unless otherwise approved by the ENGINEER. The advance closure construction sign legend shall generally state that the named road or street will be closed on or after a specific date for a number of days. The signs shall be placed as shown on the plans of as directed by the ENGINEER. The required temporary Monon Trail closure bypass for the project shall be in accordance with the Construction Plans and Project 16-02 Contract Documents. The CONTRACTOR shall post an advance closure notification construction sign that notifies the public of the Monon Trail closure and the duration of the closure at least 14 days in TS-13 advance of the Monon Trail closure bypass, unless otherwise approved by the ENGINEER. The allowable duration of road closures and trail closures for this project are as follows: PHASE I: - Monon Trail Closure Bypass – 5 days PHASE II: - 3rd / 4th Avenue SW Closure - 20 days PHASE III: - Emerson Road Closure - 50 days - Park Lane Closure - 50 days - York Drive - 50 days Should the CONTRACTOR propose an additional street closure, he shall submit a written request to the ENGINEER for review and acceptance at least 2 weeks prior to the planned closure. The ENGINEER will give written notification of the acceptance or denial of any maintenance of traffic proposals and, if approved, will inform the City of Carmel, which will give notice to all public agencies and businesses within the project area. The failure to accept the request, as long as the decision is reasonable, shall not entitle the CONTRACTOR to an extension in contract time or to an increase in contract price. Open trenches, if permitted by the ENGINEER, shall be spanned per current OSHA requirements and with the concurrence of the ENGINEER. Any trenching areas adjacent to a sidewalk shall be barricaded. The CONTRACTOR shall be prepared to have all construction signs erected for the project as specified by the ENGINEER. All temporary traffic control devices including but not limited to advance warning signs, flagger stations, channelizing devices, temporary stone and steel plates to maintain access, etc. shall include all labor, equipment, materials, adjustments, etc. necessary for the maintenance of traffic as called for within the Contract Documents, or as permitted by the ENGINEER shall be included in the lump sum price for ‘Maintenance of Traffic’, as set out in the itemized proposal. The advance closure construction signs shall be in accordance with Section 801 of the INDOT Standard Specifications and shall be included in the cost for Maintenance of Traffic. CONTRACTOR is to utilize the typical MOT layout as specified in the plans when work operations warrant closing one lane. Flagging operations shall be provided by the CONTRACTOR per the MUTCD for one lane traffic. Materials required for operations shall be removed from the roadway by the CONTRACTOR at the end of each day of operations. The CONTRACTOR shall maintain vehicular movement and establish an acceptable bridge to span all open cuts for street crossings by using temporary stone, steel plates, or a method approved by the ENGINEER. CONTRACTOR must establish acceptable vehicular bridging prior to beginning work on the opposite lane. If temporary TS-14 backfill is used to bridge street cut gaps, the material must be removed and the applicable material shall be placed per the City of Carmel Standard Drawing 10-20 “Street Cut Repair Detail” as shown on the plans. CONTRACTOR is to coordinate with the ENGINEER and the City of Carmel for schedules of other projects under construction at the same time, specifically project “16- SW-12 – Carmel View Drainage Improvements”, for any MOT concerns and coordination, including but not limited to proposed detour overlaps, detour routes under construction, determining alternate detour routes or MOT setup. CONTRACTOR shall submit a written request to the ENGINEER for review and acceptance for any detour route or MOT revisions. The ENGINEER will give written notification of the acceptance or denial of any maintenance of traffic proposals, and if approved, will inform the City of Carmel, which will give notice to all public agencies and businesses within the project area. The failure to accept the request, as long as the decision is reasonable, shall not entitle the CONTRACTOR to an extension in contract time or to an increase in contract price. TS 16 CONSTRUCTION ENGINEERING This work shall include all construction layout work for the project. Construction Engineering for the project will be provided by the City of Carmel. The CONTRACTOR shall provide a minimum of 48 hours of advance notice when Construction Engineering is required. It shall be the responsibility of the CONTRACTOR to complete the verification of the elevations and measurements of all points where new construction is to match existing conditions prior to the commencement of any construction activities. This work will not be paid for directly, but shall be included in the cost of other items. TS 17 UNDISTRIBUTED ITEMS Quantities of undistributed items needed in addition to those shown on the itemized proposal and approved by the ENGINEER will be paid for at the contract unit price for the quantity used on the project. There shall be no adjustment in the contract unit price if quantities are less than those shown on the itemized proposal and the item can be deleted entirely without impact to the contract amount. All work involving undistributed items shall be performed only at the direction of the ENGINEER. TS 18 OPEN BURNING OF NATURAL GROWTH Open burning of natural growth is not permitted on this contract. TS 19 STREET CLEANING The CONTRACTOR shall provide effective dust control throughout the project. Vacuum sweepers shall be used for all street cleanings. Vacuum sweeping shall be performed prior to the pre-final meeting as directed by the ENGINEER. TS-15 Street cleaning will not be paid directly, but shall be included in the cost of various items of the contract regardless of the amount of times this operation is reasonably requested. Naturally occurring conditions, out of the control of the owner, that cause more dust control than normal shall not be a valid reason for request of payment for dust control. TS 20 TRANSPORTATION OF SALVAGEABLE ITEMS Existing traffic control devices, signs, pipe, end sections, castings and manhole covers, etc. specified to be removed will be salvaged and stockpiled at the job site by the CONTRACTOR. The CONTRACTOR shall deliver those items designated by the ENGINEER, to the City of Carmel or appropriate owner. The remainder of the items shall become the property of the CONTRACTOR. TS 21 CONSTRUCTION NOISE The CONTRACTOR shall be required to limit construction noise by maintaining his equipment in proper working order, thereby minimizing the effect of construction noise in the project area. TS 22 PROJECT CONTRACT DOCUMENTS The documents related to the proposed improvements of this project include: Construction Plans for Project 16-02: Emerson Road Storm Sewer Reconstruction. TS 23 RIGHT OF ENTRY The CONTRACTOR shall receive permission from property owners prior to constructing drives or yard grading. Copies of signed Right of Entry forms shall be supplied to the ENGINEER. A copy of the Right of Entry form is included within the ADDITIONAL REQUIREMENTS on page AR-7. TS 24 SAW CUTTING In all areas where proposed construction matches existing conditions, full depth saw cutting shall be required. No direct payment will be made for saw cutting but the cost thereof shall be included in the costs of the other items. TS 25 PIPE REMOVAL Pipe removal of existing storm or sanitary sewer, as indicated on the plans or as needed to install the proposed improvements, will not be paid for directly; rather, shall be included in the cost of other items. TS-16 TS 26 REMOVE STORM STRUCTURE This work shall consist of the removal of existing storm structures that are necessary to install the proposed improvements. Storm structures that are required to be removed, as indicated on the plans or as directed by the ENGINEER, will not be paid for directly, but shall be included in the cost of other items. TS 27 TOP SOIL Description This work shall consist of the testing, placement, and installation of topsoil in accordance with these requirements, the INDOT Standard Specifications, and as indicated on the plans. Materials 1. Materials shall be in accordance with Section 914.01 of the INDOT Standard Specifications as follows: A. 914.01 Special Topsoil for Roadside Development – This topsoil shall consist of loose friable soil, free of refuse, stumps, large roots, rocks over 2 in (50mm) in diameter, brush, weeds, or other material which would be detrimental to the proper development of vegetative growth. It shall be capable of supporting normal vegetation as demonstrated by the growth of healthy vegetation on it. It shall not be taken from a source known to contain any noxious weeds defined as such in the Indiana State Seed Law, IC 15-4-1. Topsoil shall have a pH value of 6.2 to 7.4. Testing for pH value shall be performed in the field in accordance with the procedure set out in the Purdue University Agriculture Experiment Station Bulletin No. 635 or in a qualified laboratory in accordance with the procedure set out in the Cornell Experiment Station Bulletin 960, using a one to one Soil-Water Suspension. Agriculture limestone may be added to topsoil, as directed by ENGINEER, in order to raise the pH to meet specification requirements. Topsoil shall not be incorporated into the work until it is approved. 2. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources as necessary. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. On site soil may be used, provided it complies with the requirements for topsoil listed herein. 3. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. TS-17 A. Report suitability of topsoil for lawn and specified planting growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. B. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed (such as A&L Great Lakes Laboratories, Inc., 3505 Conestoga Drive, Ft. Wayne, IN 46808, 260.483.4759). C. Topsoil test results shall be supplied to the ENGINEER including applicable copies of supplemental documentation as follows: a. Indiana State Seed Law, IC 15-4-1. b. Purdue University Agriculture Experiment Station Bulletin No. 635 c. Cornell Experiment Station Bulletin 960 4. Materials that do not meet these requirements shall not be incorporated into the work as topsoil. Construction Requirements 1. If existing soil suitable for amendment, as determined by the ENGINEER, is not available in sufficient quantities onsite, Topsoil shall be furnished at the contract unit price for Topsoil. 2. Topsoil is to be placed on all plant beds, disturbed areas, and seeded or sod areas to a minimum depth of three (3) inches or as directed by the ENGINEER. The ENGINEER may authorize an additional excavation in areas designated to be seeded, sodded, or landscaped. Payment for additional cut, beyond the finished grade, required to place topsoil at the ENGINEERS direction will be made at the contract unit price for Common Excavation 3. In addition to B. above, topsoil is to be placed in medians and roundabout islands at a minimum depth of one (1) foot or as directed by the ENGINEER. Method of Measurement Topsoil will be measured by the cubic yard in accordance with Article 211.09. Basis of Payment The accepted quantities of topsoil will be paid for at the contract unit price per cubic yard. Payment will be made under: Pay Item Pay Unit Symbol Topsoil CYS TS 28 ADJUSTING RINGS No brick or block shall be used in the construction of a manhole or when adjusting the elevation of the frame and cover. TS-18 When one solid riser or barrel section cannot be used, the final adjustments in elevation of the frame and cover shall only be accomplished by the use of precast concrete adjusting rings as shown in the Plans, and conforming to ASTM C-478. Not more than twelve (12) inches of total adjusting rings shall be allowed per structure. Joints between adjusting rings and casting shall be sealed utilizing one of the following elements: 1. An approve rubber gasket manufactured and installed in accordance with ASTM C443, latest edition 2. Trowelable grade butyl rubber 3. A .5 inch diameter non-asphaltic mastic (Kent Seal or approved equal) conforming to AASHTO M-198 and Federal Specification SS-521-A. TS 29 MATERIAL TESTING The ENGINEER will be responsible for compaction testing and concrete testing for the project. Asphalt materials shall be provided as shown on the plans; certifications and acceptance shall be in accordance with Section 402 of the INDOT Standard Specifications. TS 30 MATERIAL ACCEPTANCE All aggregate, concrete, and bituminous materials used for the project shall be produced from an approved source. The CONTRACTOR shall submit the names and addresses of the suppliers of these materials for the project to the ENGINEER at the pre-construction conference. Prior to delivery, the CONTRACTOR shall submit to the ENGINEER a copy of the certification for each material supplier. TS 31 FINAL CLEANUP The Contractor shall clean up all areas, including inlets, storm pipes, and streets, within the construction area as well as areas disturbed outside the construction areas at the completion of the project. This work shall be done at the satisfaction of the City of Carmel. The areas disturbed outside of the construction area shall be seeded at no cost to this project. TS 32 SIDEWALK/RAMP REMOVE AND REPLACE This work shall consist of the removal and replacement of concrete sidewalk/ramp at the proposed locations or as directed by the ENGINEER in accordance with Section 604 of the INDOT Standard Specifications and Carmel Standard Drawings 10-14, 10-15 and 10- 43E. All concrete sidewalks/ramps shall be placed on prepared compacted material in accordance with INDOT Specification 207.02. The costs for concrete, excavations, removal and disposal of material, labor, equipment, backfill material, joint placement, any bed course material used for leveling, preparation TS-19 of a compacted subgrade, and any necessary incidentals with concrete sidewalk installation shall be included in the cost of ‘Sidewalk/Ramp Remove and Replace’. When unsuitable material prevents achieving the desired compaction, these areas shall be excavated and replaced with Compacted Aggregate Base, No. 53 to the desired compaction at the direction of the ENGINEER. The costs for excavation, material, placement, and compaction shall be included in the pay item Compacted Aggregate Base, No. 53. TS 33 STANDARD DRAWINGS See City of Carmel Standards/Details. These can be accessed at http://www.carmel.in.gov/index.aspx?page=113 or at the Carmel Standard Drawing link on the Engineering Main Page. Additional details from City of Carmel Utilities can be accessed at http://carmelutilities.com/specifications.html. TS 34 EROSION CONTROL GUARANTEE Prevailing Specifications: INDOT 621 Additions: The Contractor shall guarantee a stand of grass; and if through the actions of the elements, the seasons, animals, or man the seed does not grow; shall reseed, re- fertilize, and do that which is required to produce an abundant and uniform growth of grass on the areas requiring seeding in this contract. Final acceptance of the project will not be made until the requirements of this special provision have been attained. TS 35 SOD AND LANDSCAPE MAINTENANCE AND WARRANTY PERIOD Prevailing Specifications: INDOT 621 Section 621.10 Watering Sod Delete the following: Sod shall be maintained for a minimum of four weeks from the time it is laid before being accepted. And replace with: Sod that is not irrigated permanently shall be watered and maintained for a minimum of 90 days from the time the sod placement for the entire project is complete before being accepted. Any sod that is not accepted at the end of the 90 day watering and maintenance period shall be replaced at no additional cost to the contract and maintained for another 90 day maintenance period and this maintenance period and replacement shall continue until all sod has been accepted. The 90 day water and maintenance period shall exclude the winter months of December through March. Therefore, any maintenance days that overlap the winter months as defined herein shall be applied to the following year and beginning on April 1. Irrigated sod shall have the same requirements for the sod only and the actual irrigation system will be covered under the project Maintenance Bond for any deficiencies in the materials or craftsmanship. TS-20 Additions to INDOT Section 621: Any and all supplemental specifications or technical specifications herein or as part of the landscape plans. Warranty Bond: Upon completion of the installation and initial inspection of any living landscape material, a properly executed Warranty Bond with a surety shall be supplied in the amount of the material being warranted. The intent of the Warranty Bond shall be to permit the final acceptance of the contract and payment of the retainage. TS 36 EXCESS MATERIAL - DISPOSAL All excess material (waste) shall be removed from the project site. Whether a private or public waste site is utilized, such disposal shall comply with all Federal, State and local ordinances and permit requirements. A copy of all permits obtained or applied for shall be submitted to the ENGINEER prior to the commencement of any construction activities. TS 37 RESTORATION OF DISTURBED AREAS Cavities formed by the removal of shrubs, trees and/or stumps and located outside of proposed pavement areas shall be backfilled and compacted with "B" Borrow. Such compaction shall comply with Section 211.04. The top six (6) inches of the backfilled area shall be top soil in accordance with Section 914.01. Any roots remaining after all the removal of any designated item shall be removed to a depth of 6 inches below the surface of the surrounding ground area. Backfilled areas and the surrounding ground areas are to be raked to the satisfaction of the ENGINEER and mulch seeded. All work shall be in accordance with Section 621. Existing landscape areas at the proposed locations or at locations as directed by the ENGINEER are to be restored to as good a condition or better than prior to project condition after all construction activity has been completed. All quantities of material, equipment and labor required for the restoration, including fine grading, seed bed preparation, seeding, fertilizer, mulching material and watering of all disturbed areas, as shown on the plans shall be included in the SYS unit cost of “Mulched Seeding, Storm Sewer” and “Mulched Seeding, Sanitary Sewer” pay item as shown in the bid documents. TS 38 MANHOLES/INLETS - EXISTING The breaking of manhole/inlet walls shall be done so as to insure no damage to existing pipes. The CONTRACTOR, at no cost to the OWNER, shall make any necessary repairs to manholes or pipes if damage is caused. TS-21 All existing concrete manholes/inlets shall be core drilled as specified by the ENGINEER. All breaking into manhole/inlet, pipe, concrete, etc. required for construction of the sewer shall be included in the cost of other items. TS 38 PAYMENT FOR DRIVES When the existing drive is concrete or asphalt, the existing drive shall be sawed at the proposed locations or at locations as directed by the ENGINEER. No direct payment shall be made for the saw cutting or removal of any type of drive, but the cost thereof shall be included in the cost of other items. TS 40 HMA SURFACE, 9.5mm, 1.5” This work shall consist of the work necessary to replace street cut areas that were excavated to install the proposed storm improvements and the installation of the temporary Monon Trail bypass. The replacement materials will match back into the existing grades as shown on the plans or as directed by the ENGINEER. The costs for material, delivery, placement, compaction, labor, equipment, and any necessary incidentals with HMA surface installation for street cut and asphalt drive repair shall be included in the unit cost for HMA Surface, 9.5mm, 1.5”, Storm Sewer or HMA Surface, 9.5 mm, 1.5”, Sanitary Sewer per ton of material. The removal and disposal of existing pavement will not be paid for directly; rather, shall be included in the cost of other items. An asphalt tack coat shall be applied between each course of HMA material or as directed by the ENGINEER. Asphalt tack coat shall also be applied in areas of asphalt street cut repair and driveway patching repair where HMA Surface is installed on a concrete slab. Prevailing Specifications: INDOT 401, 402 Additions: The HMA surface course shall not be placed until all new pavement areas within the project limits, including mainline, approaches and areas of incidental construction, have been completed and are ready, in the opinion of the ENGINEER, for the HMA surface course. TS 41 HMA INTERMEDIATE, 19.0mm, 2.5” This work shall consist of the work necessary to replace the parking lot cut areas that were excavated to install the proposed storm improvements through the Indiana Bell Telephone Company’s parking lot (Parcel #16-09-25-04-05-001.000). The costs for material, delivery, placement, compaction, labor, equipment, and any necessary incidentals with HMA intermediate installation for parking lot cut repair shall be included in the unit cost for HMA Intermediate, 19.0mm, 2.5”, Storm Sewer per ton of material. The removal and disposal of existing pavement will not be paid for directly; rather, shall be included in the cost of other items. TS-22 Prevailing Specifications: INDOT 401, 402 TS 42 SIGN, REMOVE AND RESET The removal and resetting of street signs as shown in the plans will be paid for under the “Sign, Remove and Reset” item. The CONTRACTOR shall be responsible for maintaining and storing all signs that are removed from their respective places during construction. Any sign, post, hardware, etc. damaged after the sign has been removed shall be replaced and paid for by the CONTRACTOR before being reset at the end of the project. TS 43 PCCP FOR DRIVE PATCHING – 6” This work shall consist of the installation of concrete drive patching at the proposed locations or as directed by the ENGINEER in accordance with the construction plans. The costs for concrete, labor, equipment, joint placement, and any necessary incidentals with concrete drive patching shall be included in the cost of ‘PCCP for Drive Patching – 6”’. The cost of backfill material, any bed course material used for leveling, and preparation of a compacted subgrade shall be included in “Compacted Aggregate, No. 53 Stone”. The cost of removal and disposal of existing drive shall not be paid for directly; rather, shall be included in the cost of other items. When unsuitable material prevents achieving the desired compaction, these areas shall be excavated and replaced with Compacted Aggregate Base, No. 53 to the desired compaction at the direction of the ENGINEER. The costs for excavation, material, placement, and compaction shall be included in the pay item Compacted Aggregate Base, No. 53 Stone. TS 44 CONCRETE CAP FOR STREET CUT REPAIR – 12” This work shall consist of the installation of concrete cap at the proposed locations or as directed by the ENGINEER in accordance with the construction plans and the City of Carmel Standard Drawing 10-20. The costs for concrete, labor, equipment, and any necessary incidentals with concrete cap for street cut repair shall be included in the per SYS unit cost of Concrete Cap for Street Cut Repair – 12”. The cost of backfill material within the limits of the street cut repair shall be included in the per CYS unit cost for Flowable Fill for Street Cut Repair. The cost of removal and disposal of existing street pavement and drives shall not be paid for directly; rather, shall be included in the cost of other items. TS 45 CAP EXISTING PIPE TS-23 This work shall consist of capping existing pipes with Class “A” Concrete at the proposed locations or as directed by the ENGINEER. All existing pipe that is removed to install the proposed improvements shall be capped on both sides of the removal, or as indicated within the Project 16-02 Contract Documents. The capping of existing pipe, including the cost for material, labor, equipment, installation, and any necessary incidentals with capping existing pipe shall be included in the per EACH unit cost of Cap Existing Pipe. TS 46 FLOWABLE FILL FOR EXISTING STORM SEWER This work shall consist of filling existing pipes and structures that are to be abandoned in place with flowable fill. Pipe structures to be abandoned and left in place shall have any holes from pipe removal capped prior to filling. Manholes that are indicated to be capped and abandoned in place shall have castings and sections removed to below subgrade, filled with flowable fill, and then concrete cap and asphalt pavement placed over the structure. Fill shall be placed through pressure connections and, if necessary, vent pipes. Fill shall not be simply poured into pipes and structures. The filling of existing storm pipes and structures, including the cost for material, labor, equipment, installation, and any necessary incidentals with filling existing pipes and structures shall be included in the per CYS unit cost of Flowable Fill for Existing Storm Sewer. The cost of pavement removal necessary to remove castings and sections, including labor, equipment, sawcutting, removal of material, and any necessary incidentals with pavement removal shall not be paid for directly; rather, shall be included in the cost of other items. The cost of the placement of the 12” concrete cap including materials, labor, equipment and any incidentals necessary for the installation of the concrete cap shall be included in the per SYS unit cost of Concrete Cap for Street Cut Repair – 12”. The cost of the placement of the HMA Surface and Tack Coat including materials, labor, equipment, and any incidentals shall be included in the per TON unit cost of HMA Surface, 9.5 mm, 1.5”, Storm Sewer. TS 47 CURB REMOVAL AND REPLACEMENT This work shall consist of the removal and replacement of concrete curb at the proposed locations or as directed by the ENGINEER in accordance with Section 604 of the INDOT Standard Specifications and Carmel Standard Drawing 10-10 through 10-13. All concrete curb shall be placed on prepared compacted material in accordance with INDOT Specification 207.02. TS-24 The costs for concrete, excavations, removal of material, labor, equipment, backfill material, joint placement, any bed course material used for leveling, preparation of a compacted subgrade, and any necessary incidentals with concrete curb installation shall be included in the cost of ‘Curb Removal and Replacement’. When unsuitable material prevents achieving the desired compaction, these areas shall be excavated and replaced with Compacted Aggregate Base, No. 53 to the desired compaction at the direction of the ENGINEER. The costs for excavation, material, placement, and compaction shall be included in the pay item Compacted Aggregate Base, No. 53. TS 48 REMOVE AND RESET FENCE The removal and resetting of fence as shown in the plans or as directed by the ENGINEER will be paid for under the “Remove and Reset Fence” item. The CONTRACTOR shall be responsible for maintaining and storing all fence items that are removed from their respective places during construction. Any sign, post, hardware, etc. damaged after the fence has been removed shall be replaced and paid for by the CONTRACTOR before being reset at the end of the project. TS 49 COMPACTED AGGREGATE FOR DRIVEWAYS This work shall consist of the work necessary to replace gravel drive approaches that were excavated to install the proposed storm improvements. The replacement materials will match back into the existing grades as shown on the plans or as directed by the ENGINEER. The costs for material, delivery, placement, and compaction of the compacted aggregate for gravel drives shall be paid for with the item Compacted Aggregate for Driveways per ton of material. The removal and disposal of existing gravel drive material shall not be paid for directly; rather, shall be included in the cost of other items. TS 50 COMPACTED AGGREGATE, NO. 53 STONE This work shall consist of the work necessary to install compacted base material for the replacement of the concrete drive approaches that were excavated to install the proposed storm improvements, compacted base material for the replacement of the parking lot cut that were excavated to install the proposed storm improvements through the Indiana Bell Telephone Company’s parking lot (Parcel #16-09-25-04-05-001.000) and the temporary Monon Trail bypass. The costs for material, delivery, placement, and compaction of the compacted aggregate for the replacement of concrete drives and parking lot and shall be paid for with the item Compacted Aggregate for Driveways per ton of material. The removal and disposal of existing concrete drives and parking lot material shall not be paid for directly; rather, shall be included in the cost of other items. TS-25 TS 51 STORMWATER QUALITY UNIT This work shall consist of the work necessary to install the mechanical water quality unit, Vortechs VX7000 for the proposed project. The unit shall be installed per all manufacturer’s recommendations and specifications, and in accordance with the City of Carmel Stormwater Technical Standards Manual (STSM). Approved alternates may be allowed pending approval by the City of Carmel Engineering Department. Any approved equals shall be located within the R/W of the future 4th Street SW, shall be able to treat a water quality design flowrate of 5.22 cfs, and shall be in accordance with Chapter 700 of the City of Carmel STSM, which can be found at the following link: http://www.carmel.in.gov/index.aspx?page=113. The costs for material, delivery, installation, excavation, disposal, structure backfill, riser rings, castings, seals, and any other necessary incidentals required for installation shall be paid for with the item “Stormwater Quality Unit” per each unit installed. Please refer APPENDIX AX-1 for General, Product and Execution Specifications for the Vortechs VX7000 Stormwater Quality Unit. TS 52 UNDERGROUND DETENTION SYSTEM This work shall consist of the work necessary to install the underground detention system to be placed underneath the proposed 4th Street SW Right of Way. The underground detention system is to be StormTrap’s DoubleTrap system with the following parameters: Width – 22 (outside) feet; Length – 202 (outside) feet; Depth – 9 feet; Minimum Cover – 3 feet; Minimum Overall Storage = 35,347 cubic feet; Maximum Invert Elevation – 820.00; Top of Detention Elevation – 829.00. The location of the detention system, 12” diameter RCP stub connections; 36” RCP inlet connection outlet structure and pipe, and access casting locations shall be in accordance with the Midtown West design plans and details completed by Civil and Environmental Consultants, Inc. The system shall be installed per all manufacturer’s recommendations and specifications. Approved alternate detention systems may be allowed pending approval by the City of Carmel Engineering Department. Any approved equals shall be located within the limits of the back of curb to the back of curb of the future 4th Street SW, and shall meet the minimum overall storm volume of 35,347 cubic feet. The costs for material, delivery, installation, common excavation, haul off, backfill, joint material, and any other necessary incidentals required for installation of the underground detention system shall be included in the lump sum unit cost for the item “Underground Detention System.” The costs for material, delivery, installation, common excavation, haul off, backfill, and any other necessary incidentals required for installation of the proposed outlet control structure and storm pipe shall be included in the lump sum unit cost for the item “Underground Detention System.” The costs for material, delivery, installation, backfilling, connecting and grouting, and any other necessary incidentals required for installation of the two (2) 12” diameter RCP TS-26 stubs and 36” diameter RCP inlet connection shall be included in the lump sum unit cost for the item “Underground Detention System.” The costs for furnishing and installing the access openings and castings on the detention system shall be included in the lump sum unit cost for the item “Underground Detention System.” TS 53 CORE DRILL INTO EXISTING STRUCTURE, STORM/SANITARY This work shall consist of the work necessary to modify an existing structure by core drilling a hole of the size specified in the existing structure to connect to the proposed storm sewer network. The costs for material, delivery, installation, excavation, disposal, backfill, and any other necessary incidentals required for installation shall be paid for by the EACH unit cost of “Mechanically Core Existing Structure, Storm” or “Mechanically Core Existing Structure, Sanitary.” TS 54 15” SDR 26 PVC HDPE SEWER PIPE This work shall consist of the work necessary to install 15” SDR 26 PVC HDPE Sanitary Sewer Pipe for the proposed sanitary relocation. For pipe material specifications, refer to TS 55 Pipe Material, Sanitary Sewer. For testing specifications, refer to TS 54 Observation and Testing, Sanitary Sewer. The costs for material, delivery, installation, excavation, disposal, and any other necessary incidentals required for installation shall be paid for with the item “15” SDR 26 PVC HDPE Sewer Pipe” per lineal foot installed. The costs for the removal of the existing pavement material required for installation of the sanitary sewer main and/or sanitary sewer manhole structures shall not be paid for directly, but shall be included in the cost of other items. TS 55 OBSERVATION AND TESTING, SANITARY SEWER All materials and equipment used in the construction of the project shall be subject to observation and testing in accordance with Indiana Code and IDEM Regulations. The CONTRACTOR shall provide at the CONTRACTOR’S expense the testing and inspection services as required by the Contract Documents and the City of Carmel Utilities Standard Details, which shall include, at a minimum, an Air Pressure Acceptance Test and Deflection Test of PVC Sewer Pipe. Specifications and requirements for the Air Pressure and Deflection Tests are included on the “City of Carmel Utilities Standard Details – Testing Specifications Sheet.” TS-27 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the INSPECTING ENGINEER, the CONTRACTOR will give the OWNER timely notice of readiness. The CONTRACTOR will then furnish the OWNER the required certificates of inspection, testing or approval. TS 56 PIPE MATERIAL, SANITARY SEWER Sanitary sewer gravity main shall be Polyvinyl Chloride (PVC) with a minimum wall thickness designation of SDR 26 and comply with ASTM D3034 and installed per ASTM D2321-89. The PVC pipe shall be grooved bell, spigot end, and gasketed. PVC sanitary sewer gravity fittings shall conform to the requirements of ASTM D3034 and shall be molded in one piece with standard pipe bells, gasketed elastomeric joints, and spigot ends. Wall thickness of all fitting shall have a minimum designation of SDR 26. Gaskets for elastomeric joints shall be molded to conform to ASTM F477. All service connections shall be made using a wye and a bend. Tees shall be used only as directed by the City. Tees and wyes shall be die cast or factory fabricated. All service pipe shall be SDR 35. Whenever a material, article, or piece of equipment is identified on the Drawings and Specifications by reference to brand name of catalogue numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to the Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the DESIGN ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the DESIGN ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The CONTRACTOR warrants that if substitutions are approved, no major changes in the function of general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or Contract Time. TS 57 CONCRETE SPECIFICATIONS, SANITARY SEWER 1. MATERIALS A. Cement: ASTM C150 Type I or II B. Aggregate: ASTM C33 C. Admixtures: 1. Air Entraining: ASTM C260 2. Fiber: AASHTO M213 3. Prohibited Admixtures: Calcium Chloride, Thiocyanates, or TS-28 Admixtures containing more than 0.05% Chloride Ions are not permitted. D. Class A Concrete shall be as follows: 28-day Compressive Strength (psi) 3500 psi Maximum Water/Cement Ratio 0.45 Minimum Cement Content (lbs/cy) 564 Slump (inches) 2-4 Air Content 6.0% E. Premolded Joint Filler: Asphalt Type in conformance with ASTM D994. W.R. Meadows sealtight, or equal. F. Reinforcing Bars: ASTM A615 or ASTM A616, Grade 60. TS 58 REMOVE AND RESET, 3” CALIPER TREE (437 EMERSON RD.) The removal and resetting of the 3” caliper “Linden” tree as shown in the plans or as directed by the ENGINEER will be paid for under the “Remove and Reset, 3” Caliper Tree (437 Emerson Rd.)” item per EA. The removal, re-installation, storage and maintenance, backfilling, watering and any other incidentals shall be included in the unit price of “Remove and Reset, 3” Caliper Tree (437 Emerson Rd.)”. Removal, storage and maintenance, installation, backfilling, and watering shall be in accordance with Section 622 of INDOT Standard Specifications. The CONTRACTOR shall coordinate with the property owner located at 437 Emerson Rd. to carefully remove the 3” Caliper “Linden” tree in the way of the improvements just east of Str. 45 and in such a manner that it can be replanted in the area affected by the work and at the owner’s direction. The CONTRACTOR shall be responsible for maintaining and storing the 3” Caliper “Linden” tree that is removed from its respective place during construction. Any damage after the tree has been removed shall be replaced and paid for by the CONTRACTOR before being reset at the end of the project. The CONTRACTOR shall coordinate with the property owner located at 437 Emerson Rd. to reset the 3” Caliper “Linden” tree at owner’s direction and desired location. TS 59 EXISTING BUILDING DEMOLITION 1. Description 1.1 The Structures 1.1.1 The demolition of the existing building located at 457 3rd Ave. SW (Parcel #16-09-25-04-05-005.000 owned by the City of Carmel Redevelopment Commission) as shown on the plans or as directed TS-29 by the ENGINEER shall be paid for under the “Existing Building Demolition” item as a LS price. The successful quoter (CONTRACTOR) shall provide all labor, material, equipment, machinery, tools and services necessary for the complete dismantling, demolition and removal of the following structures located in the City of Carmel hereinafter referred to as the “Work”: 1.1.1.1 Structure A, (Parcel No. 16-09-25-04-05-005.000), 457 3rd Ave. SW. The City of Carmel Redevelopment Commission has possession of this structure. The existing building shall be demolished and removed completely including, but not limited to all pieces, parts, components, and materials thereof, the building foundation, walls, roof, concrete pads, and all components, attachments and fixtures thereto and equipment and machinery therein, including appurtenant structures such as stairways and steps. In addition, all nonattached improvements on the lot including, but not limited to sheds, garages, sidewalks, fences, and driveways shall be removed unless otherwise directed by the City. All work pertaining to the removal, demolition, disposal, haul off, and any other incidentals necessary to perform this work shall be included in the LS price of the “Existing Building Demolition” item. CONTRACTOR shall follow all procedures regarding asbestos material per Section 202 of the INDOT Standards and Specifications and shall follow all local, county, state, or federal regulations and guidelines. All work/costs including but not limited to notifications, fees, agency coordination, inspection, certification, abatement, testing, removal, and any other necessary incidentals to perform this work shall be included in the LS price of the “Existing Building Demolition” item. In addition, the CONTRACTOR is to ensure that all work is in accordance with the approved environmental study. All restoration and erosion control measures due to the building demolition including, but not limited to silt fence, inlet protection, temporary and permanent seeding, construction entrances, temporary stone and any other incidentals necessary to perform the work shall be included of the LS price of the “Existing Building Demolition” item. Additional restoration and erosion control measures may be required by state, county, or local officials. 1.2 Time of work 1.2.1 Structure A – CONTRACTOR shall commence the Work on Structure A within seven (7) days of receipt of a notice to proceed from the City of Carmel. Expected completion time for the removal of Structure A is seven (7) days or less. 1.3 Proposed Work Plan 1.3.1 CONTRACTOR shall submit a proposed work plan, including all procedures proposed for the accomplishment of the Work in a safe and workman like manner. If the CONTRACTOR determines that the proposed work plan must be altered, a revised work plan shall TS-30 be submitted for the approval of the City of Carmel before the Work may begin. 1.4 Utilities 1.4.1 CONTRACTOR shall disconnect each building, both above and below ground, from all utility services, including electric, water, steam, sewer (sanitary and storm) and natural gas prior to commencement of any demolition activities. Utilities facilities within each building shall be removed as part of the Work. Water, steam and sewer lines shall be capped and/or removed to the main facility as directed by the City Engineer for the City of Carmel, Indiana. CONTRACTOR shall have no claim to any right, title or interest in a utility facility upstream of the location where such utility is disconnected. In the event that CONTRACTOR discovers any utility service that has not been turned off, CONTRACTOR shall immediately contact the ENGINEER so that appropriate arrangements may be made to have the service turned off. All work pertaining to the removal, disconnection, termination, disposal, and any other incidentals necessary to perform this work shall be included in the LS price of the “Existing Building Demolition” item. 1.5 Well Abandonment 1.5.1 If present, all existing wells on a given property must be properly capped and abandoned prior to demolition of the structure. Well abandonment must be performed by a state licensed and certified well driller who is also a registered well drill in the City of Carmel, and should be completed in accordance with all applicable State and local regulations. All well abandonment shall be coordinated with City of Carmel Utilities Department. Well abandonment will not be paid separately, but should be included as part of the Work. 1.6 Septic Tank Removal 1.6.1 If present, CONTRACTOR shall pump all private septic tanks so they are free of any waste and debris. The existing tank shall be pumped and completely removed and hauled away from the project site prior to demolition of the structure. Existing finger systems may be capped and abandoned in place. Disposal of all waste and materials shall be completed in accordance with all applicable state and local regulations. CONTRACTOR will be responsible for contacting the Hamilton County Health Department prior to and upon completion of septic tank removal. Septic tank removal will not be paid separately, but should be included in the as a part of the Work. 1.7 Site Vacancy and Final Grade 1.7.1 CONTRACTOR shall remove all salvageable Property, unsalvageable Property, waste, rubbish and debris, and equipment TS-31 within ten (10) days of final completion of the demolition of the buildings. CONTRACTOR shall leave the Work site(s) in a smooth and level graded condition, which includes the application of mulched seeding Type U in accordance with INDOT specifications. 2. Standards, Laws, and Permits 2.1 Standards 2.1.1 CONTRACTOR and all subcontractors shall perform the Work in accordance with the requirements of applicable standard specifications of the Indiana Department of Transportation. 2.2 Laws 2.2.1 CONTRACTOR and all subcontractors shall comply with all applicable requirements of state and federal laws, regulations, rules, and ordinances including, but not limited to, those concerning occupational safety and health and environmental protection. 2.3 Permits 2.3.1 CONTRACTOR shall obtain any and all local or state permits, licenses, or other approvals necessary for the performance of the Work, including but not limited to a right of way and demolition permit from the City of Carmel. 3. Work Site Requirements 3.1 Boundaries 3.1.1 The boundary of the Work site for each structure shall be clearly marked by the CONTRACTOR. 3.2 Site Safety 3.2.1 CONTRACTOR shall protect the site(s) of the Work with barricades, fencing, temporary barriers, electric flashing lights, and/or any other equipment or signals that, in the judgement of the ENGINEER, adequately guards excavations, piles of rubbish and debris, partially dismantled portions of the Structures, equipment, loose materials, walkways, streets, or any other potentially hazardous conditions. CONTRACTOR shall immediately notify the ENGINEER of the discovery or creation of any condition that may be hazardous to the public. 3.3 Protection of Surrounding Properties/Structures TS-32 3.3.1 CONTRACTOR shall perform the Work and coordinate its Work with that of others, if any, in such a manner as to protect surrounding real estate, property and streets from damage and disruption. CONTRACTOR shall ensure that structural elements of any of the Structures being demolished are not overloaded, and shall construct and maintain all appropriate shoring, bracing and supports. The use of explosives is strictly prohibited. 3.4 Environmental Protection 3.4.1 CONTRACTOR shall perform the Work with due consideration and all practicable precautions to prevent, abate or control noise, dust, wind-borne debris, smoke, and pollution of the air, water and land surrounding the site of the Work. CONTRACTOR shall immediately notify the ENGINEER of the discovery or creation of any environmental hazardous condition. Burning or other use of fire at the Work site is strictly prohibited. 4. Control and Handling of Salvaged Property and Waste 4.1 Salvaged Property 4.1.1 Upon commencement of the Work, CONTRACTOR shall obtain all right, title and interest in the Property. Accordingly, CONTRACTOR may salvage for reuse or resale any or all of the Property; provided, however, no person who is not an employee of CONTRACTOR shall be given permission to remove any of the Property from the site of the Work without prior approval and coordination with the City of Carmel. CONTRACTOR shall remove all such Property from the Work site(s) by the completion date of the Work. Any of the Property removed from the Structure site for reuse or resale by the CONTRACTOR shall be so removed, reused and resold in accordance with all applicable state, local, and federal laws and regulations. The City of Carmel may, in its discretion, require CONTRACTOR to document the ultimate destination of any or all materials removed from the Structure site by or at the direction of CONTRACTOR, whether for reuse, resale or disposal. 4.2 Waste 4.2.1 Any and all of the property that is deemed by the CONTRACTOR to be unsalvageable and all rubbish and debris generated by the Work shall be removed from the Work site(s) and properly disposed of on a daily basis, unless otherwise directed or authorized by the ENGINEER. In the event that any rubbish, debris or other waste cannot be removed daily, then such items shall be stored in areas designated by the ENGINEER and stored in such a manner as to avoid the creation of dust and wind-borne debris. All waste materials removed from the Structure site for TS-33 disposal shall be transported and disposed of in accordance with all applicable state, local and federal laws and regulations. 5. Meeting Attendance 5.1 CONTRACTOR shall attend meetings with the City of Carmel, or their agents or representatives, as may be requested to explain the Work from the Work site(s) by or at the direction of the CONTRACTOR. TS 60 36” RED VALVE CHECKMATE SLIP-IN TIDEFLEX INLINE CHECK VALVE The installation of the 36” Red Valve CheckMate Slip-In Tideflex Inline Check Valve as shown in the plans or as directed by the ENGINEER shall be paid for under the item “36” Red Valve CheckMate Slip-In Tideflex Inline Check Valve” per EA. All work associated with this installation, including but not limited to, shipping and delivery, rubber adhesive strip, clamps, sealant, lubrication, inspection, testing, and any other necessary incidentals to perform the work shall be included in the unit price of “36” Red Valve CheckMate Slip-In Tideflex Inline Check Valve” per EA. Please refer APPENDIX AX-2 for Tideflex CheckMate Inline Check Valves Installation, Operation and Maintenance Manual, 36” Tideflex CheckMate Check Valve Headloss vs. Flow Rate graph, 36” CheckMate Check Valve Detail, and Tideflex CheckMate Inline Check Valve Brochure. CHECKMATE™ SLIP-IN INLINE CHECK VALVES Specification TT-CM-SL PART 1: GENERAL 1.01 SUBMITTALS A. Submit product literature that includes information on the performance and operation of the valve, materials of construction, dimensions and weights, elastomer characteristics, headloss, flow data and pressure ratings. B. Upon request, provide shop drawings that clearly identify the valve materials of construction and dimensions. 1.02 QUALITY ASSURANCE A. Supplier shall have at least twelve (12) years experience in the design and manufacture of “CheckMate™” style elastomeric check valves. B. Manufacturer shall have designed, fabricated and have at least five (5) current installation of a “CheckMate™” style elastomeric check valves in the 72” (1800mm) TS-34 size. Manufacturer must provide documentation, including project name, location, and references. C. Manufacturer shall have conducted independent hydraulic testing to determine headloss, jet velocity and vertical opening height characteristics on a minimum of three (3) sizes of CheckMate™ valves ranging from 6” (150mm) through 24” (600mm). The testing must have been conducted for free discharge (pressurized and open channel flow discharging to atmosphere) and submerged conditions. PART 2: PRODUCTS 2.01 “CHECKMATE™” ELASTOMERIC CHECK VALVES A. Check Valves are to be all rubber and the flow operated check type with slip-in cuff connection. The entire CheckMate™ Valve shall be ply reinforced throughout the body, saddle and bill, which is cured and vulcanized into a one-piece unibody construction. A separate valve body or pipe used as the housing is not acceptable. The valve shall be manufactured with no metal, mechanical hinges or fasteners, which would be used to secure any component of the valve to a valve housing. The port area of the saddle shall contour into a circumferential sealing area concentric with the pipe which shall allow passage of flow in one direction while preventing reverse flow. The entire valve shall fit within the pipe inside diameter. The saddle area of the valve must be flat, not conical, and integral with the rubber body above centerline in order to not produce any areas or voids that can collect or trap debris. The valve must be easily installed in pipes with poor end condition without the need to modify or utilize the headwall or structure to seal and anchor the valve. Once installed, the CheckMate™ Valve shall not protrude beyond the face of the structure or end of the pipe. B. The outside diameter of the upstream and downstream sections of the valve must be circumferentially in contact with the inside diameter of the pipe. C. Slip-in style CheckMate™ Valves will be furnished with a set of stainless steel expansion clamps. The clamps, which will secure the valve in place, shall be installed in the upstream or downstream cuff of the valve, depending on installation orientation, and shall expand outwards by means of a turnbuckle. Each band shall be pre-drilled allowing for the valve to be pinned and secured into position in accordance with the manufacturer’s installation instructions. D. Manufacturer must have flow test data from an accredited hydraulics laboratory to confirm pressure drop and hydraulic data. E. Company name, plant location, valve size patent number, and serial number shall be bonded to the check valve. 2.02 FUNCTION A. When line pressure exceeds the backpressure, the line pressure forces the bill and saddle of the valve open, allowing flow to pass. When the backpressure exceeds the line TS-35 pressure, or in the absence of any upstream or downstream pressure, the bill and saddle of the valve is forced closed, preventing backflow. 2.03 MANUFACTURER A. All valves shall be Series CM-SL slip-in CheckMate™ Valves as manufactured by Tideflex Technologies®, A Division of Red Valve Company, Carnegie, PA 15106. All valves shall be manufactured in the U.S.A. PART 3: EXECUTION 3.01 INSTALLATION A. Valve shall be installed in accordance with manufacturer’s written Installation and Operation Manual and approved submittals. 3.02 MANUFACTURER’S CUSTOMER SERVICE A. Manufacturer’s authorized representative shall be available for customer service during installation and start-up, and to train personnel in the operation, maintenance and troubleshooting of the valve. B. If specified, the manufacturer shall also make customer service available directly from the factory in addition to authorized representatives for assistance during installation and start-up, and to train personnel in the operation, maintenance and troubleshooting of the valve. AX-1 APPENDIX APPENDIX AX-1: ADDITIONAL STORMWATER QUALITY UNIT SPECIFICATIONS Page 1 of 6 Stormwater Treatment Device Specification APPENDIX AX-1 STORMWATER QUALITY UNIT PART 1 – GENERAL 1.1 DESCRIPTION A. Work Included The Contractor, and/or a manufacturer selected by the Contractor and approved by the Engineer, shall furnish all labor, materials, equipment and incidentals required and install all precast concrete stormwater treatment systems and appurtenances in accordance with the Drawings and these specifications. 1.2 QUALITY CONTROL INSPECTION A. The quality of materials, the process of manufacture, and the finished sections shall be subject to inspection by the Engineer. Such inspection may be made at the place of manufacture, or on the work site after delivery, or at both places, and the sections shall be subject to rejection at any time if material conditions fail to meet any of the specification requirements, even though sample sections may have been accepted as satisfactory at the place of manufacture. Sections rejected after delivery to the site shall be marked for identification and shall be removed from the site at once. All sections which have been damaged beyond repair during delivery will be rejected and, if already installed, shall be repaired to the Engineer’s acceptance level, if permitted, or removed and replaced, entirely at the Contractor's expense. B. All sections shall be inspected for general appearance, dimensions, soundness, etc. The surface shall be dense, close textured and free of blisters, cracks, roughness and exposure of reinforcement. C. Imperfections may be repaired, subject to the acceptance of the Engineer, after demonstration by the manufacturer that strong and permanent repairs result. Repairs shall be carefully inspected before final acceptance. Cement mortar used for repairs shall have a minimum compressive strength of 4,000 psi (28 MPa) at the end of 7 days and 5,000 psi (34 MPa) at the end of 28 days when tested in 3 inch (76 mm) diameter by 6 inch (152 mm) long cylinders stored in the standard manner. Epoxy mortar may be utilized for repairs. Page 2 of 6 Stormwater Treatment Device Specification 1.3 SUBMITTALS A. Shop Drawings The Contractor shall be provided with dimensional drawings and, when specified, utilize these drawings as the basis for preparation of shop drawings showing details for construction, reinforcing, joints and any cast-in- place appurtenances. Shop drawings shall be annotated to indicate all materials to be used and all applicable standards for materials, required tests of materials and design assumptions for structural analysis. Shop drawings shall be prepared at a scale of not less than 3/16-inches per foot (1:75). Six (6) hard copies of said shop drawings shall be submitted to the Engineer for review and approval. PART 2 – PRODUCTS 2.1 MATERIALS AND DESIGN A. Housing unit of stormwater treatment device shall be constructed of pre-cast or cast-in-place concrete, no exceptions. Concrete for precast stormwater treatment systems shall conform to ASTM C 857 and C 858 and meet the following additional requirements: 1. The wall thickness shall not be less than 6 inches (152 mm) or as shown on the dimensional drawings. In all cases the wall thickness shall be no less than the minimum thickness necessary to sustain HS20-44 (MS18) loading requirements as determined by a Licensed Professional Engineer. 2. Sections shall have tongue and groove or ship-lap joints with a butyl mastic sealant conforming to ASTM C 990. 3. Cement shall be Type II Portland cement conforming to ASTM C 150. 4. All sections shall be cured by an approved method. Sections shall not be shipped until the concrete has attained a compressive strength of 4,000 psi (28 MPa) or until 5 days after fabrication and/or repair, whichever is the longer. 5. Pipe openings shall be sized to accept pipes of the specified size(s) and material(s), and shall be sealed by the Contractor with a hydraulic cement conforming to ASTM C 595M B. Internal aluminum plate components shall be aluminum alloy 5052-H32 in accordance with ASTM B 209. C. Sealant to be utilized at the base of the swirl chamber shall be 60 durometer extruded nitrile butadiene rubber (Buna N) and shall be provided to the concrete precaster for installation. D. Brick or masonry used to build the manhole frame to grade shall conform to ASTM C 32 or ASTM C 139 and shall be installed in conformance with all local Page 3 of 6 Stormwater Treatment Device Specification requirements. E. Casting for manhole frames and covers shall be in accordance with ASTM A48, CL.30B and AASHTO M105. The manhole frame and cover shall be equivalent to Campbell Foundry Pattern #1009A or #1012D custom cast with the Contech Engineered Solutions logo and the words “Vortechs® Stormwater Treatment System”. F. A bitumen sealant in conformance with ASTM C 990 shall be utilized in the sealing of the joint between the swirl chamber and the vault at the long wall tangent points. The butyl material shall be 3/4-inch thick by 3/4-inch wide. 2.2 PERFORMANCE A. Each stormwater treatment system shall adhere to approved flow rates as stated in the most current version of the City of Indianapolis Stormwater Quality Unit (SQU) Selection Guide. All SQU’s shall be configured off line unless the 10-year flow is less than the approved treatment flow rate. Table 2.2 Vortechs® Model Sediment Storage (yd3)/(m3) 1000 0.7 (0.54) 2000 1.2 (0.91) 3000 1.8 (1.38) 4000 2.4 (1.84) 5000 3.2 (2.45) 7000 4.0 (3.06) 9000 4.8 (3.67) 11000 5.6 (4.28) 16000 7.1 (5.43) Each stormwater treatment system shall include a circular aluminum “swirl chamber” (or “grit chamber”) with a tangential inlet to induce a swirling flow pattern that will accumulate and store settleable solids in a manner and a location that will prevent re-suspension of previously captured particulates. Individual stormwater treatment systems shall have usable sediment storage capacity of not less than the corresponding volume listed in Table 2.2. The systems shall be designed such that the pump-out volume is less than ½ of the total system volume. The systems shall be designed to not allow surcharge of the upstream piping network during dry weather conditions. A water-lock feature shall be incorporated into the design of the stormwater Page 4 of 6 Stormwater Treatment Device Specification treatment system to prevent the introduction of trapped oil and floatable contaminants to the downstream piping during routine maintenance and to ensure that no oil escapes the system during the ensuing rain event. Direct access shall be provided to the sediment and floatable contaminant storage chambers to facilitate maintenance. There shall be no appurtenances or restrictions within these chambers. Stormwater treatment systems shall be completely housed within one rectangular structure. In order to not restrict the Owner’s ability to maintain the stormwater treatment system, the minimum dimension providing access from the ground surface to the sump chamber shall be 20 inches in diameter. 2.3 MANUFACTURER A. Each stormwater treatment system shall be of a type that has been installed and used successfully for a minimum of 5 years. The manufacturer of said system shall have been regularly engaged in the engineering design and production of systems for the physical treatment of stormwater runoff during the aforementioned period. Each stormwater treatment system is shall be a Vortechs® System protected under U.S. Patent #5,759,415 as manufactured by Contech Engineered Solutions 9025 Centre Pointe Drive, Suite 400 West Chester, Ohio 45069 800-338-1122 PART 3 – EXECUTION 3.1 INSTALLATION A. Each Stormwater Treatment System shall be constructed according to the sizes shown on the Drawings and as specified herein. Install at elevations and locations shown on the Drawings or as otherwise directed by the Engineer. B. Place the precast base unit on a granular subbase of minimum thickness of six inches (152 mm) after compaction or of greater thickness and compaction if specified elsewhere. The granular subbase shall be checked for level prior to setting and the precast base section of the trap shall be checked for level at all four corners after it is set. If the slope from any corner to any other corner exceeds 0.5% the base section shall be removed and the granular subbase material re-leveled. C. Prior to setting subsequent sections place bitumen sealant in conformance with ASTM C 990 along the construction joint in the section that is already in place. D. After setting the base and wall or riser sections, prepare to install the swirl Page 5 of 6 Stormwater Treatment Device Specification chamber. Place the 3/4-inch (19 mm) thick by 3/4-inch (19 mm) wide butyl mastic seal vertically on the outside of the swirl chamber starting one inch above the bottom of the swirl chamber and continuing to a height equal to the elevation of the bottom of the upper aperture of the swirl chamber. The butyl mastic seal should abut the downstream side of the pre- drilled mounting holes that attach the swirl chamber to the long walls of the concrete vault. Next, install the extruded Buna N seal on the bottom edge of the 180 degree downstream section of the swirl chamber by first applying a bead of Sikaflex-1a polyurethane elastomeric sealant into the extruded slot then slide the seal onto the swirl chamber. The extruded seal should extend 3-inches (76 mm) upstream of the mounting holes, toward the inlet end of the vault. Set the swirl chamber into position and keep the seal approximately ½-inch (13 mm) above the floor of the concrete vault. Apply a continuous bead of Sikaflex-1a sealant under the cupped bottom of the seal. Set the circular swirl chamber on the floor of the vault and anchor it by bolting the swirl chamber to the side walls of the concrete vault at the three (3) tangent points and at the inlet tab using HILTI brand stainless steel drop-in wedge anchors or equivalent 3/8-inch (10 mm) diameter by 2-3/4 inch (70 mm) minimum length at heights of approximately three inches (3”) (76 mm) off the floor and at fifteen inch (15”) (381 mm) intervals to approximately the same height of the butyl mastic sealant (at locations of pre- drilled holes in aluminum components). Apply a continuous bead of Sikaflex-1a sealant to the intersection of the inside bottom edge of the extruded seal and the vault floor. E. If the oil baffle wall (Baffle A) and flow control wall (Baffle B) are not integrally cast-in to riser/wall sections then the Baffle wall panels shall be placed in the formed keyways or between bolted-in-place angle flanges as provided by the manufacturer. Apply non-shrink grout or Sikaflex-1a sealant to each end of Baffle A and Baffle B at the upstream intersection with the side walls of the concrete vault. F. Prior to setting the precast roof section, bitumen sealant equal to ASTM C 990 shall be placed along the top of the oil baffle wall (Baffle A), using more than one layer of mastic if necessary, to a thickness at least 1-inch (25 mm) greater than the nominal gap between the top of the baffle and the roof section. The nominal gap shall be determined either by field measurement or the shop drawings. Do not seal the top of Baffle B unless specified on the shop drawings to do so. After placement of the roof section has compressed the butyl mastic sealant in the gap over Baffle A, finish sealing the gap with an approved non- shrink grout on both sides of the gap using the butyl mastic as a backing material to which to apply the grout. If roof section is “clamshell” or “bathtub” halves, then finish sealing the ends of the Baffle walls by applying non- shrink grout or Sikaflex-1a sealant to each end of Baffle A at the upstream intersection with the side walls of the concrete vault and to each end of Baffle B at the downstream intersection with the side walls of the concrete vault. G. After setting the precast roof section of the stormwater treatment system, set precast concrete manhole riser sections, to the height required to bring the cast iron manhole covers to grade, so that the sections are vertical and in true alignment with a ¼-inch (6 mm) maximum tolerance allowed. Backfill in a Page 6 of 6 Stormwater Treatment Device Specification careful manner, bringing the fill up in 6- inch (152 mm) lifts on all sides. If leaks appear, clean the inside joints and caulk with lead wool to the satisfaction of the Engineer. Precast sections shall be set in a manner that will result in a watertight joint. In all instances, installation of Stormwater Treatment Systems shall conform to ASTM specification C 891 “Standard Practice for Installation of Underground Precast Utility Structures”. H. Holes made in the concrete sections for handling or other purposes shall be plugged with a nonshrink grout or by using grout in combination with concrete plugs. I. Where holes must be cut in the precast sections to accommodate pipes, do all cutting before setting the sections in place to prevent any subsequent jarring which may loosen the mortar joints. The Contractor shall make all pipe connections. END OF SECTION AX-2 APPENDIX APPENDIX AX-2: TIDEFLEX INSTALLATION, OPERATION, AND MAINTENANCE MANUAL, VALVE DETAIL, BROCHURE, HEADLOSS VS. FLOW RATE GRAPH United States Patent # 5,769,125 CheckMate ®Inline Check Valve Flow CheckMate®: Your Final Move to Eliminate Backflow! www.tideflex.com/checkmate 32 www.tideflex.com/checkmate CHECKMATE®VALVE Designed for Inline Service For an animated demonstration of the CheckMate®in operation, please visit: http://www.tideflex.com/checkmate. CheckMate®Valve in Manhole Application CheckMate®Valve in End of Pipe Application Benefits and Features of CheckMate®: •Extremely Low Headloss •No Moving Mechanical Parts to Corrode, Catch Debris or Fail •Heavy Duty Elastomer Unibody Construction •Quick and Easy Installation •Seals Around Debris Dependable Backflow Prevention The CheckMate®Inline Check Valve is the valve of choice for both municipal and industrial applications - including stormwater, wastewater, highway run-off, CSO, SSO and flood control. CheckMate®Valves prevent unwanted backflow that can cause surcharging and flooding. CheckMate®Inline Check Valves have become the specified solution for residential and commercial areas where complete, dependable backflow prevention is necessary. The CheckMate®is not simply a molded part. Rather it is hand-fabricated, utilizing various natural and synthetic elastomers and fabric ply reinforcement to create a unibody construction. There are no mechanical parts or fasteners to catch debris, corrode, or fail, making the CheckMate® maintenance-free. With seven elastomers to select from, the CheckMate®can be custom engineered to resist chemicals, grease and oils typically found in stormwater, wastewater and industrial applications. The CheckMate®Valve boasts extremely low headloss, allowing for near 100% flow capacity. Its inherent design makes it the most user-friendly inline check valve on the market today. From the upstream or downstream end of the pipe, simply insert the valve into position and clamp it into place. Typically no modification to the pipe or structure is required to install the CheckMate®. Because the CheckMate®is recessed inside of the pipe, additional permitting is not required. The result is savings in both installation time and operational cost. The valve can successfully withstand severe winter freezes, typhoons, hurricanes and flooding. The CheckMate®also minimizes damage to wetlands, beaches and residential areas, eliminates hydraulic surges to wastewater treatment plants and saves municipalities millions of dollars in maintenance and treatment costs. •Operates on Differential Pressure, Totally Passive •Virtually No Maintenance •Self-draining, 1" of Cracking Pressure •Silent, Non-slamming •Available in Sizes 3" (75 mm) to 78" (1950 mm) •Extensive Independent Hydraulic Testing FULLY OPEN Flow FULLY CLOSEDFLOWING Flow www.tideflex.com/checkmate 54 www.tideflex.com/checkmate CHECKMATE®VALVE Designed for Inline ServiceCheckMate®Applications: Simply Versatile! The CheckMate®provides odor control. Residential and Municipal Sewers CheckMate®Inline Check Valves have become a frequently specified solution for residential and municipal areas where complete, dependable backflow prevention is necessary. The CheckMate®Valve’s maintenance-free, passive operation provides years of trouble-free service. CSO, SSO and Outfalls CheckMate®Valves are used for interceptor, manhole and outfall pipelines because they maximize pipeline storage and capacity while preventing water from backflowing into a sewage treatment plant. The CheckMate®Valve’s innovative inline design allows it to be easily installed without modifications to structures. Stormwater, MS4, Highway Run-off and Site Drainage CheckMate®Inline Check Valves are the valve of choice for both municipalities and commercial property owners to prevent costly flood damage and to maximize system storage. The CheckMate’s®low cracking pressure and headloss provide rapid drainage. Flow Equalization Basins, Pump Stations and Effluent Discharge CheckMate®Valves provide backflow prevention in between basins and also protect pumps and capital equipment. The CheckMate’s®low headloss characteristics maximize flow efficiency. Odor Control CheckMate®Inline Check Valves prevent sewer systems’ offending odors from escaping, while still allowing water to discharge when needed. The CheckMate®Valve is designed to eliminate the backflow of unwanted methane and hydrogen sulfide gases that typically result in complaints about odor from the general public. Levees, Marinas and Wetlands In low lying areas where headloss is at a premium, CheckMate®Valves efficiently drain with the added benefit of providing absolute backflow prevention. 48" CheckMate®Valve replacing a faulty flapgate in a CSO application. The CheckMate®is also easily installed by hand.48” CheckMate®installed in a storm sewer drain to stop backflow from flooding a residential area.24” CheckMate® is easily installed in a municipal sewer. The CheckMate’s® rugged unibody construction prevents backflow. 48” CheckMate®installed at the Freedom Tower for stormwater drainage. Independent Hydraulic Testing CheckMate®Inline Check Valves are independently tested to determine their hydraulic characteristics in both free and submerged discharge applications. Red Valve’s published hydraulic data is validated through this independent testing. Cuff Depth Cuff Depth www.tideflex.com/checkmate 76 www.tideflex.com/checkmate CHECKMATE®VALVE Designed for Inline ServiceCheckMate®Configurations and Custom Designs CHECKMATE®VALVE NOMINAL PIPE SIZE I.D. Inches Millimeters OVERALLLENGTH* Inches Millimeters NUMBEROF CLAMPS CUFFDEPTH Inches Millimeters *Shorter lengths available. BACK PRESSURERATING** Feet Meters Downstream Clamp Downstream Flanged Upstream Flanged Downstream Flanged Thimble Insert Upstream Flanged Thimble Insert Flow Flow Flow Flow Flow Flow Flange shape and bolt pattern can be customized. Flangeless thimble inserts are available. Elliptical, Arch and Rectangular Pipes Elliptical, arch and rectangular pipes for drainage and flood prevention projects have become popular, particularly in high water table areas with shallow surface gradients. CheckMate® Inline Check Valves are the perfect solution for backflow prevention in elliptical, arch and rectangular pipes. Rubber Flanged Rubber Flanged CheckMate®Valves can be manufactured with an integral rubber upstream or downstream flange. The flanged CheckMate®gets inserted into the host pipe then can be bolted to a mating flange or anchored to a concrete headwall. The flange can be circular with standard drilling; or circular, square or rectangular with custom flange drilling. The valve is supplied with retaining rings for mounting. Thimble Inserts A CheckMate®Thimble Insert is a CheckMate®Valve that is factory- installed, clamped, and pinned into flanged or plain end pipe. The thimble insert assembly can either be inserted into the I.D. of the host pipe, or can be mounted to a mating flange or concrete headwall and extend beyond the pipe. Plain end thimble inserts are inserted into the host pipe and non-shrink grout is placed between the thimble insert O.D. and host pipe I.D. to form the seal. CheckMates®can be made for any pipe I.D. Built to fit in sizes from 3" to 78". Length LengthClampClamp 3 75 5.1 130 1 1.5 38 5 1.5 1.5 0.7 4 100 7.9 201 1 1.5 38 5 1.5 1.5 0.7 Upstream Flanged CheckMate® CheckMate®Thimble Insert Arch Pipe CheckMate®Rectangular Pipe CheckMate®Elliptical Pipe CheckMate® Upstream Clamp WEIGHT lbs Kg Lo w Pr e s s u r e St a n d a r d Pr e s s u r e 3 75 5.1 130 1 1.5 38 85 26.0 3 1.4 4 100 7.9 201 1 1.5 38 85 26.0 3 1.5 5 125 9.5 241 1 1.5 38 83 25.3 42 6 150 11.0 279 1 2.0 51 83 25.3 94 7 175 12.8 325 1 2.0 51 79 24.1 11 5 8 200 15.2 386 1 2.0 51 79 24.1 13 6 9 225 15.4 391 1 2.0 51 75 22.9 17 8 10 250 16.1 409 1 2.0 51 71 21.6 20 10 12 300 19.8 503 1 2.0 51 68 20.1 37 17 14 350 25.8 655 1 4.0 102 64 20.0 110 50 16 400 28.6 726 1 4.0 102 60 18.3 133 52 18 450 31.0 787 1 4.0 102 56 17.1 143 65 20 500 42.1 1069 2 8.0 203 53 16.2 223 102 24 600 47.5 1207 2 8.0 203 45 13.7 304 137 30 750 54.9 1395 2 8.0 203 38 11.6 500 227 36 900 62.3 1582 2 8.0 203 30 9.1 828 376 42 1050 70.6 1793 2 8.0 203 26 7.9 1423 646 48 1200 79.0 2007 2 8.0 203 23 7.0 1801 817 54 1350 86.4 2195 2 8.0 203 17 5.2 2700 1225 60 1500 96.8 2459 2 9.0 229 15 4.6 3315 1504 72 1800 119.0 3023 3 12.0 305 13 4.0 6100 2767 78 1950 119.0 3023 3 12.0 305 13 4.0 7000 3176 **Back pressure measured from pipe invert. Higher back pressure ratings available. Consult factory. 600 N. Bell Ave. Carnegie, PA 15106 www.tideflex.com The information presented in this catalog is provided in good faith. Red Valve Company, Inc. and Tideflex®Technologies reserves the right to modify or improve its design specifications without notice and does not imply any guarantee or warranty for any of its products from reliance upon the information contained herein. All orders are subject to Red Valve Company, Inc. and Tideflex® Technologies’ standard terms and warranty and are subject to final acceptance by Red Valve Company, Inc. and Tideflex® Technologies. Viton is a registered trademark of DuPont Dow Elastomers. Hypalon is a registered trademark of DuPont Performance Elastomers. Tideflex, Red Valve, and the Red Valve “rv” logo are registered trademarks of the Red Valve Company, Inc. © 2009 Red Valve Company. All rights reserved. RECYCLABLE PAPER PHONE: 412/279-0044 FAX: 412/279-7878 CMCV 060515 The best choice for the toughest applications. In addition to the Checkmate®Inline Check Valve, Tideflex® Technologies offers a complete line of check valves. TF-1 CHECK VALVES The Tideflex®TF-1 Curved Bill Check Valve is designed with enhanced sealing to improve headloss. The improved TF-1 design allows the valve to handle long-term water weight while maintaining structural integrity. The spine is at a greater vertical angle, making it able to withstand the cantilever effect when water is flowing through the valve. The TF-1 is constructed of rubber, making it immune to rust, corrosion and weathering. SERIES 35-1 CHECK VALVES The flat-bottom Series 35-1 features an integral rubber flange, allowing them to be mounted to flanged outfall pipes or directly to headwalls where the pipe is flush. The flange size drilling conforms to ANSI B16.10, Class 150#, or can be constructed with DIN, 2632 and other standards. The Series 35-1 Check Valve is furnished complete with steel or stainless steel backup rings for installation. SERIES 39 CHECK VALVES The Tideflex®Series 39 Inline Check Valve features a fabric-reinforced elastomer check sleeve housed in a cast iron body with ANSI 125/150 flanges, allowing for easy installation into any piping system. The valve’s operation is silent, non- slamming and maintenance free. Sliding, rotating, swinging and plunging parts are completely eliminated. The body is equipped with flush ports and a clean-out port and can be epoxy coated. United States Patent # 5,769,125 36 " T i d e f l e x C h e c k M a t e C h e c k V a l v e He a d l o s s v s . F l o w R a t e 0. 0 0. 2 0. 4 0. 6 0. 8 1. 0 1. 2 1. 4 1. 6 1. 8 0 1 0 0 0 0 2 0 0 0 0 3 0 0 0 0 4 0 0 0 0 5 0 0 0 0 6 0 0 0 0 7 0 0 0 0 Fl o w R a t e ( g p m ) H E A D L O S S ( F e e t ) IMPORTANT Please take a moment to review this manual. The improper installation or use of this product may result in personal injury, product failure, or reduced product life. Tideflex® Technologies can accept NO liability result- ing from the improper use or installation of this product. If you have any questions or problems, please call the customer service department at (412) 279-0044. We appreciate your comments. Thank you for choosing Tideflex® Technologies. CHECKMATE® INLINE CHECK VALVES INSTALLATION, OPERATION AND MAINTENANCE MANUAL The revolutionary design of the CheckMate® Inline Check Valve provides superior backflow prevention and odor mitigation in stormwater, CSO and SSO outfalls. The CheckMate's® custom- engineered, all-rubber unibody design eliminates costly back- flow from oceans, rivers and interceptors. The valve's unique elastomer fabric and wire reinforced design provides a proven record of maintenance-free performance, cost savings and results that no other inline check valve can match. The Check- Mate® is built to suit all your site-specific and flow needs. The CheckMate® has a 100% fabric and elastomer construction that eliminates corrosion problems. Because the CheckMate® is made with a unibody construction, there are no mechanical components that trap debris, corrode or fail. The CheckMate® Valve's inherent flexibility virtually eliminates seating problems. The CheckMate® remains in the closed posi- tion until forward differential pressure opens it. The fabric- reinforced elastomer CheckMate® Valve seals around silt and small debris, preventing unwanted backflow. The major advantage of the CheckMate® Valve is its extremely low headloss. The CheckMate® can open to a near full pipe diameter. This maximizes flow capacity of the outfall, which is particularly beneficial in low-lying areas where limited driving head is available. Tideflex® Technologies recommends pinning all CheckMate® Valves for added security and stability. CheckMate’s® effective- ly have a zero face-to-face dimension because they fit com- pletely inside of the pipe. No modification of piping is required provided adequate pipe length exists. A Division of Red Valve, Inc. 1. Product Shipping Valve sizes 2" - 18" are furnished with one clamp. Valves 20" - 60" ship with two clamps. 72" valves ship with three clamps. NOTE:A clamp is installed on each end of the valve to keep the valve’s shape during transit and storage. Once the installation orientation is determined the CheckMate® valve will be clamped from either the upstream or downstream side. For valves with two or three clamps, they can be installed onto the same side of the valve and offset from each other, as illustrated in Figure 1. 2. Unpacking & Lifting Do not use sharp tools when unpacking this product as it may damage the valve. For larger CheckMate® valves, the valve should be lifted with either a sling or with supports around the O.D. at each side of the valve to ease the installation procedure. Do not place an object through the valve in order to lift. 3. Inspection of Pipe I.D. Check the inside diameter (I.D.) of the pipe section for rough or damaged areas. The inside surface should be uniform and rela- tively smooth. Long gouges or cracks in the pipe may allow water to pass and should be filled prior to installation. Do not attempt to install a CheckMate® in a smaller pipe I.D. 4. Pipe I.D. Measurements The pipe I.D. is to be checked in the field. It should be a consistent diameter for the length of valve and should not be out of round. When there is a +/- tolerance on the pipe I.D., the CheckMate® Valve should be ordered to the smallest pipe I.D.. Then, rubber adhesive strip can be applied to both CheckMate® cuffs to build the cuff O.D. up to the actual pipe I.D. See procudure in #5. NEVER...Install the valve at an angle NEVER...Install the Valve BackwardsNEVER...Use Sharp Tools on Rubber NEVER...Exceed Design Back Pressure Clamp* Cuff Bill (Sealing Area) *Clamps are installed in the upstream or downstream cuff, depending upon the application. The illustration above is shown clamped upstream. FLOW CheckMate® Installation Procedure CHECKMATE® INSTALLATION Figure 1 Ð Clamps shown installed on the same side of valve CAUTION:Do not try to bend, collapse or fold the valve in order to facilitate the installation as this will cause permanent damage and will not allow the valve to return to a fully round shape. Cuff Body Saddle Extraction Hole Extraction Hole 2 • • • • • • • • • • • • Wire Reinforcement CheckMate® Rubber Adhesive Strip Build Up Procedure 5. Rubber Adhesive Strip Build up When valve O.D. is smaller than the pipe I.D., one-sided rubber adhesive strip is used to build up the O.D. of both CheckMate® cuffs to the actual pipe I.D. NOTICE: Clean and dry the exterior of the valve prior to beginning rubber adhesive strip build up procedure. STEP A: Place the valve on a solid, fl at surface with the clamped end hanging slightly over the edge of the surface. STEP B: Slowly rotate the valve while fi rmly pressing the rubber adhesive strip onto itself in concentric layers until valve O.D. is equal to or a fraction smaller than pipe I.D. STEP C: Repeat steps A and B on the opposite side of the valve to ensure uniformity of the CheckMate’s® O.D. is consistent and matches the pipe I.D. STEP E: Check O.D. of the valve to ensure it fi ts snugly into the I.D. of pipe. If loose, add another layer(s) of the rubber adhesive strip. STEP D: Lubricate the valve and rubber adhesive strip surface. Slide valve into pipe. Ensure the area marked TOP is in the 12:00 position. STEP F: Once in place, tighten the clamp to secure it against the pipe and compress the rubber ahesive strip. 3 Upstream Clamp Upstream Flanged Upstream Flanged Thimble Insert Flow Flow Flow Downstream Clamp Downstream Flanged Downstream Flanged Thimble Insert Flow Flow Flow 6. Preparation The CheckMate® Valve uses expanding clamp(s) to exert pressure outwards on the walls of the valve to wedge it in place within the pipe. The walls of the pipe should be clean and free of debris prior to installation. The valve should be inserted fully into the pipe so that no part of the cuff or bill extends outside the pipe. Ensure that the valve is not slanted at an angle with the bill pointing upwards or downwards. The valve centerline should be parallel to the pipe centerline. Tideflex® Technologies recommends pinning the CheckMate® Valve on all installations. See below. Four pre-drilled holes are provided in each expansion clamp. At least one clamp should be pinned. On exposed pipe, holes can be drilled through the valve and pipe, and a bolt run through secured with a nut. For buried pipe, silicon or similar sealant should be used to seal bolts. 7. Lubrication The outside of the valve can be lubricated with a water-based lubricant prior to inserting the valve into the pipe. If the taping procedure has been used, the surface of the tape can be lubricate to aid insertion. 8. Plumb Lines and Arrows The CheckMate® Valve arrives with a “top” arrow, “flow” arrow and plumb lines, marked in white, at the 12:00 and 6:00 position of the valve. Utilize this marking to orient the valve in the pipe, as well as to ensure the valve is oriented correctly in pipe section. 9. Valve Orientation The CheckMate® Valve must be installed in a horizontal pipe. Valves 4" – 18" (nominal) are supplied with a single clamp. The clamp turnbuckle should be oriented at top dead center as delinated by the plumb line. Valves 20” – 60” (nominal) are supplied with two clamps. The turnbuckles should be oriented 45° from the top center plumb line. The 72” is supplied with three clamps. The turnbuckle for one clamp to be at top center. The other clamps to be 45° to each side of top center. CheckMate® Installation Procedure CAUTION: If you expand the clamp excessively at this step it will hinder or prevent the CheckMate® valve being fully inserted into the pipe. CheckMate¨ Clamping Diagrams CAUTION: Do not use petroleum-based lubricants on this product or on the vulcanized rubber tape. 4 Flow 10. Insertion Into Pipe Clamp to support the shape of the cuff should be hand tight and should be extended outward, but only tight enough to loosely keep the shape of the cuff during installation. 1. It is important that the CheckMate® is installed level within the pipe. The CheckMate® may "gap open" if installed improperly. 2. The sealing area of the CheckMate® must have room to expand outwards, while bottom of the sealing area rises. The area around the sealing area must be kept free of debris to allow the bill to close in order for the valve to seal properly. 3. The CheckMate® effectively reduces the inside diameter of the pipe in which it is installed, creating a restriction. It may also cre- ate a "ledge" inside the pipe, causing standing water. 4. Back pressure in excess of the back pressure rating may cause valve failure. 5. Should the conditions that the CheckMate® was designed for change, (line pressure, back pressure, chemical compatibility) the performance of the valve may suffer. 6. CheckMate® Valves must be installed in true round pipe which is concentric across the entire length. Out of round pipe may cause the sealing area of the valve to distort and gap, which will cause the valve to leak. *Larger sizes available upon request. **Shorter lengths available. Pallet Push method for installing CheckMate® Valve Nominal Pipe Size I.D.* Overall Length** Number of Clamps Cuff Depth Backpressure Rating Inches Millimeters Inches Millimeters Inches Millimeters Feet Meters 4 100 7.86 200 1 1.5 38 40 12 6 150 11 279 1 2 51 40 12 7 178 12.75 324 1 2 51 40 12 8 200 15.23 387 1 2 51 40 12 9 225 15.38 391 1 2 51 40 12 10 250 16.12 409 1 2 51 40 12 12 300 23 584 1 2 51 40 12 14 350 25.75 654 1 4 102 20 6 16 400 28.61 727 1 4 102 20 6 18 450 31 787 1 4 102 20 6 20 500 42.14 1070 2 8 203 20 6 24 600 47.5 1207 2 8 203 20 6 30 750 54.87 1394 2 8 203 20 6 36 900 62.25 1581 2 8 203 20 6 42 1050 70.62 1794 2 8 203 13 4 48 1200 79 2007 2 8 203 13 4 54 1350 86.37 2194 2 8 203 13 4 60 1500 102.5 2604 2 12 305 13 4 72 1829 119 3203 3 12 305 10 3 11. Pallet Push for Larger CheckMate¨ Valves Larger CheckMate® valves can be pushed into the pipe utilizing the shipping pallet. The pallet should be placed perpendicular to the valve being inserted into the pipe. Then, with assistance from an excavator, push with consistent even force against the shipping pallet to insert the CheckMate® valve into the pipe. See the image to the right for the suggested positioning and usage of the excavator’s shovel assistance for larger-sized CheckMate® valves. Clamps must be installed to prevent damage to cuff. 5 CheckMate® Installation Notes MAINTENANCE Inspection Valves should occasionally be inspected for damage, wear, and buildup of debris. The frequency of the inspections should be determined by the severity of the service and the environment in which it operates. The clamps should be checked for proper tension, and be sure that the inside of the valve is free of debris. Soft marine growth is normal on valves in submerged applications. Because hard marine growth such as barnacles will not bond well to the CheckMate®, they can be easily removed. Also insert pins to ensure they are tight. STORAGE If your CheckMate®, is to be stored for a period of time prior to installation, the following storage guidelines will help to preserve the valve and assure a trouble-free installation: 1. Store in a clean, cool, dry location. Avoid exposure to light, electric motors, dirt, or chemicals. 2. Store valve vertically on floor or pallet. 3. Store valve to prevent other items from contacting check sleeve to prevent possible damage. 4. Store this manual with the valve, so that it is readily available at time of installation. TROUBLESHOOTING GUIDE Sleeve Inverted or Distorted 1. Excessive back pressure, water surge, or water hammer. Leaking Around Perimeter of Valve 1. Tighten clamp. 2. Check for cracks and holes in surface of pipe. 3. If taped, check tape to ensure the pipe I.D. has been fully sealed Backflow 1. Debris lodged inside bill. TIDEFLEX® TECHNOLOGIES WARRANTYWARRANTIES - REMEDIES - DISCLAIMERS - LIMITATION OF LIABILITY Unless otherwise agreed to in writing signed by Tideflex® Technologies, all Products supplied by Tideflex® Technologies will be described in the specifications set forth on the face hereof. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE). Tideflex® Technologies Products are guaranteed for a period of one year from date of shipment, against defective workmanship and material only, when properly installed, operated and serviced in accordance with Tideflex® Technologies' recommendations. Replacement for items of Tideflex® Technologies manufacture will be made free of charge if proved to be defective within such year; but not claim for transportation, labor or consequential damages shall be allowed. We shall have the option of requiring the return of the defective product to our factory, with transportation charges prepaid, to establish the claim and our liability shall be limited to the repair or replacement of the defective product, F.O.B. our factory. Tideflex® Technologies will not assume costs incurred to remove or install defective products nor shall we incur back charges or liquidated damages as a result of warranty work. Tideflex® Technologies does not guarantee resistance to corrosion erosion, abrasion or other sources of failure, nor does Tideflex® Technologies guarantee a minimum length of service, or that the product shall be fit for any particular service. Failure of purchaser to give prompt written notice of any alleged defect under this guarantee forthwith upon its discovery, or use, and possession thereof after an attempt has been made and completed to remedy defects therein, or failure to return product or part for replacement as herein provided, or failure to install and operate said products and parts according to instructions furnished by Tideflex® Technologies, or failure to pay entire contract price when due, shall be a waiver by purchaser of all rights under these representations. All orders accepted shall be deemed accepted subject to this warranty which shall be exclusive of any other or previous warranty, and shall be the only effective guarantee or warranty binding on Tideflex® Technologies, anything on the contrary contained in purchaser’s order, or represented by any agent or employee of Tideflex® Technologies in writing or otherwise, not withstanding implied warranties. TIDEFLEX® TECHNOLOGIES MAKES NO WARRANTY THAT THE PRODUCTS, AUXILIARIES AND PARTS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. 600 North Bell Avenue Carnegie, PA 15106 Phone: 412 279-0044 Fax: 412 279-7878 Web: www.tideflex.com 6 CheckMate® IOM 10/28/14